The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-26

this motion should not prevail, and, there
fore. the court denies the motion at the
present time, denies it Professionally, with
the right to the defendant hereafter, If it
be so advised, to renew the motion"
1--WE note an exception to the ruling OF
the court" said General Dickinson.
And that ended it. The expected had
happened, and Durrant never turned a
hair. He sat calmly in his chair. placing
in his buttonhole the red carnation just
handed him by his mother, the two
whispering the while. 1t was still twenty
five minutes to IL o'clock, the hour set for
the coming of the panel of jurors, and
Judge Murphy ordered recess till that
time.
Then began the preparations which fore
Swallowed the actual trial. Sheriff Whelan
appeared on the scene, and under his
orders the deputies began rearranging the
furniture in the room. The big table
which had stood against the railing facing
the court was moved around IN a position
at right angles with its former situation,
so that when the attorneys sat at it they
would directly face the jury-box. Benches
were taken out of the Enclosure and chairs
substituted, the moving compelling the
Durrants-father, mother and son-to
stand in full view for the period of a
minute, during which all present got q
good look at him. When the hustle was
all over the attorneys for the defense took
seats at the table, fanked by Detective
Morse, while Durrant, supported on either
side by his father and mother, took a seat
directly behind.
The mother of the prisoner was,
naturally, the object of good deal of
curiosity. But very few in the courtroom
had seen her before, and were anxious to
see how she was bearing up under the
ordeal OF her sons imprisonment and ap-
preaching trial Those who expected to see
red eyes and tears and agony depicted upon
the face of the unfortunate woman were
disappointed. Her eyes were bright, there
were no traces of tears, and no agony was
reflected In the countenance of the pris-
oners mother. She was calm-more than
calm-talking to her son and smiling
cheerfully upon him during the entire day
in court. 1t was wonderful, and could
only be explained by maternal in
stinct which told her that tears and sorrow
least tended to help the prisoner face
the trial. The father, on the other hand,
showed very plainly the strain under which
he has been laboring ever since the SON. 8
imprisonment. He absolutely at times
looked like one dazed. Frightening up only
when talking to the accused.
By the time the crowds. which had
largely augmented by this time, jamming
the space between the outer railing and
some sort of quiet and the bailiff raped
for order it was IL o'clock, and Judge
Murphy had resumed his seat ON the
bench. Under instructions from his
Honor, Clerk Morris began calling the
names of jurors All but eighteen an
swered, and attachments were ordered
issued for these, returnable this morning
at 10 O'clock
Judge Murphy called the jurors to atten-
ton and told them that every citizen
owed it to his country to perform the duty
to which they had been called; he was
willing to listen to excuses, and hoped that
no juror would offer trivial ones.
Now" concluded his Honor, ''if any
gentleman has an excuse to offer let him
come forward"
Nine-tenths of the entire panel rose as
one man and started for the bench. They
were stopped by the clerks and bailiffs,
sworn in blocks, placed in line and for
three-quarters of an hour passed In review
before Judge Murphy, pouring into his ear
all sorts OF pleas for release from jury duty.
His Honor, while very strict, was very kind
and excused about thirty, many of them
on the ground of injury to their business,
the greater part of these being working
men, whose families depended upon the
fruits of their labor for support. Some
claimed exemption as city and county OF
metals, Colin M. Boyd, Fire Commissioner,
being one of them. Others were excused
on the ground of previous jury duty, while
Colonel Kline pleaded his duties with the
National Guard. One old man said his
wife had rheumatism and weak eyes and
ne could only exist by working. Judge
Murphy excused him readily. Bernard
Schloh asked to be excused on the ground
that his family was living in Marin County
his Honor asked him it he had moved