The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-26

PENDANT in his association with the young
ladies OF the congregation. He could not have
gone through with this Christian Endeayor
Association for four years if he had been bad
boy, and submit that it is the very highest
evidence OF his good character that he was
treated as he was by the mothers and daughters
OF the congregation, always with the utmost
confidence.
at this point the noon recess was taken.
The defendant not obliged to
prove himself innocent
In the afternoon Mr.. Dickinson resumed
his argument.
AS 1 understand the law, he said, a prob
able presumption ought to be resolved n favor
OF the defendant. Further, the defendant is
held by the law to be innocent until he has
been proven guilty. The mere fact that he has
been called upon to answer is not sufficient
evidence OF his guilt. The defendant is not
obliged to prove himself innocent. That prin-
ciple OF law is particularly applicable in this
case. Now, as TO matters of Identification, 1
know of nothing that is more fallible than
identification. This matter cuts very great
figure in this case. Two of the witnesses who
swore regarding the Identification OF the de-
fendant never saw him before in their lives
Yet they come here with the most positive
testimony that they did identity him on that
occasion.
Mrs. Leaks testimony to be
taken lcith suspicion.
General Dickinson here discussed Mr..
Quinlan' s testimony in regard to the time
he Is stated To nave seen DuTTdLL Oh the
street. Then he turned to Mrs. Leak:
1 believe that any one having any informa-
ton OF this character, when the whole town
was ablaze with excitement over the crime
which had been committed, would have spoken
earlier than she did submit there is au i'm
pulse in the human heart which would a tsnch
a time say, go and give the information"
Mrs. Leak kept this in her breast for months
she had suspicious who it was. She said, 81 am
biding my time to tell" But we may be suspi-
cious of any person who acts in that way, be-
cause 1t is unnatural. As to Mrs. Vogel, 1 do
not say that she came here to prevaricate, but
her belief is based upon certain crcums tances,
even Authorizations.
Mrs. Vogel mistook a sack coat
for cutdlUdy coat
She says the defendant wore a cutaway suit,
with lighter pants. By the way, l want you
to notice that 1t is sack, not a cutaway suit.
Exhibiting Durrants clothes to the jury.) l
can hardly conceive how anybody could make
such a mistake as to the difference between
sack and cutaway, particularly when using
an opera-glass, as Mrs. Vogel says she did. Mrs.
VogePs testimony is in direct contradiction to
Miss Edwards. Mrs. Vogel said that Durrant
came up behind the girls, but Miss Edwards
says that he came up and spoke to them. l
submit in conclusion, that Mrs. Vogel was
and is mistaken. She is nervous, and all the
more likely to have been educated in the man.
ner l have suggested. Bear in mind that she
had never seen the defendant before, and had
no personal acquaintance with him, and could
not identity him in any manner except as she
did, by coming and sitting in this court to nv
right and watching him.
Why didn't Mrs Crossett tell
Pastor Gibson Whdt she saluf
We will come now to Mrs Crossett There is
no one who respects age more than myself.
There is no one who respects youth and inno-
cence more than myself, but beg leave to call
your attention to fact with which we are all
familiar-that there are two ages in life in
which we are always very positive; in youth
and old age.
Mr.. Dickinson here told of experiments
which had been made in regard to ascer-
tanning the length of time it took to get
from California and Powell streets to Bart
lett street. Then he said:
I say that her facilities for observation were
not such as would make her witness in an
Identification matter. Why didn't she tell her
pastor? He had been mentioned in the case.
prefer to accept the testimony of the rollcall
and OF Drs. Cheney and Gray.
Perhaps 1t aUas a detective agho
gaze Durrant the cte,o.
Mr.. Peixotto has scoffed at the idea that
stranger tapped Durrant on the shoulder and
gave him clew where to search for Blanche
Lamant NOW there have been great many
people in this case who have volunteered a
mass OF Information, mostly anonymousIy It
has come from all quarters, and it has eener-
ally taken the line OF attempting to solve this
mystery In simple manner. The trial of such
case as this always produces large number
OF crauks. Could 1t not have been one of these
WIZ tdppeu lne Qe1enQant On the shoulder?
Ihere is another explanation. When man
has no suspicion of crime it is one OF the
commonest tricks of the police to make sug-
gestions such as the defendant says were made
10 MIN. The suggestion was made to him to
LOOK Tor the girl, and he, the suggester, imme-
dlately departed. Detectives had the matter
In hand. and they had suggested that the girl
mao peen placed In house of i'll fame.
Mrs. Leak is a uictim
OF 0uereducdtion.
II this defendant had not been anxious to
tell you the truth, the whole truth about this
transaction, he need not have mentioned the
iact tnat ne requested some one to answer the
roAcails. l submit that he went on the wit.
ness-stano and told you what was for and what
was against him. where he went and what he
dld. That is the criterion by which his evil
dence must be judged. watched him on the
wltness-stand and he did not seem inclined to
conceal nything. The prosecution in this
case NAG all the means at hand for carrying on
the hght. They have done their utmost but
do not believe they have used Unfair mans
Ihey knew everything, and if the DEFENDANTS
testimony was untrue they could nrodnce tbe
contradicting testimony, If 1t existed AS To Mrs
Leak, the great fault find with her is she is q
victim OF overeducation. She visited a num-
Der OF the other ladies of the church Did she
retain her evidence out of friendship f,r the
defendant? No. She did not hesitate to give
her evidence in the most positive terms
At this point court adjourned till Tues-
day morning, when Mr.. Dickinson will
conclude his argument.