Birmingham state herald., 1895-11-02
.DURANT FOUND GUILTY The Jury Was Out but Twenty
 Eight Minutes. CROWD WAS WELL PLEASED And Cheered When the Verdict Was Announced. Mrs. 0urant Broke Down and
 Wept Bitterly.
CROWD WAS WELL PLEASED

San Francisco, Nov. 1.-Theodore Du-
 rant murdered Blanche Lamont.
 That was the verdict of the jury in the
 case this evening. The jury was out
 twenty-eight minutes. The verdict was
 received with a shout of applause from
 the audience, who packed the court room.
 The closing scene of the great trial was
 full of dramatic interest. The district at-
 torney's peroration was an able effort.
 He said he had struggled to suppress his
 feeling of repugnance to the defendant
 and to be absolutely fair to him, and to
 lay aside the feeling of horror and de- testation which hindered and oppressed him. He confidently asserted that noth- ing had been stated in bis address to the jury which had not been proved by com petent evidence. Link by link the chain had been welded until it had been shown beyond doubt that Durant had murdered Blanche Lamont on April by strangula- tion.
 The charge of Judge Murphy occupied little over an hour in delivery. Before it began General Dickinson, Durant's counsel formally objected to the portions of MT Barnes address abusive in their nature, but the court considered them proper
 The charge was a cold statement of the law unrelieved by any side desserta- tion. It was very fair and covered the greater of alibi, circumstantial evidence and the motive completely. The motive would not necessarily need to be shown as 1t might not appear on the surface. Circumstantal evidence as to the mo- tive would apply as to other points in the case. He stated that the California law as to murder in the first degree, which involved one whose death resulted to a victim of a criminal assault, whether the killing was or was not meditated. AS soon as the court completed the charge Dickinson took an exception on the ground that his honor had not read the instructions submitted as the defense had written them. The jury was then given in charge of two deputy sherhfs and con- ducted to the jury room.
 Suppressed excitement was manifested throughout the court room and the cor riders outside during the wait which Suc- | ceeded the departure of the jury. There was a great deal of speculation as to how long the jury would remain out. The general opinion among those who had followed the trial that an agreement would soon be reached, but owing to the mass of evidence it was thought possi- ble that the jury might remain out all night, The result showed that the jury men had also digested the evidence and that the overwhelming case which the prosecution had piled up had left them no option or room for doubt.
 The jury took the first ballot, which was for murder in the first degree. word was sent at once to the court, and Judge Murphy sent for the jury While this was going on Durant sat in the court room beside his counsel conversing with his mother and several of her lady friends.
 As soon as Mrs Durant learned that the jury was coming in her demeanor changed from one of gaiety and look of dread came over her face, which was not reflected in that of her son. He stoically watched the jurymen as they took their seats, as if to get from their features the import of the verdict which
 their early return portended. AS Fore man Dutton pronounced the verdict of
 guilty of murder in the first degree, the
 large audience, which had listened in per feet silence for the words which he was to utter, rose and uttered yell which echoed far out in the corridor. Most of those in the audience were women. The cries which went up from them fell upon the ear of the convicted murderer's mother like a blow, and 1t brought her first realization of the force of the words of the foreman. Her face was averted, as she had nerved herself for the ordeal, but though possessed of marvellous courage, cry burst from her lips, followed by hysterical outburst of sobs.
 As he listened intently to the words which sealed his fate, Durant partially rose from his seat The look on his face was one of defiance, and it was apparent that he had it in mind to address the jury. The first cry from his mother changed his mindIf he had such inten- tion. He sat down, turned to his moth- CT and took her fordly in his arms. She rested her head on his shoulder, and he put his left arm about her slender form and held her in tender embrace, batting her with his left hand and with his right stroking her hair He, seemed oblvious to the fact that a verdict which sealed his fate had been returned-oblivious to everything except the weeping woman in his arms. If his display was of nerve, it was marvellous; and if of callousness | to any but filial sensations 1t was equal | ly marvellous.
 The triumphant shout from 800 throats | in the court room had been hushed by | the bailiffs and a hush fell upon the | crowd when Judge Murphy began to ad- dress the jury. He assured them that they had the thanks of the court for the manner in which they had performed their duty and believed they would have the thanks of the entire community. As the jurymen marched by Durant and his mother they all looked sympathetically upon the sad picture of the weeping wom- an upon the shoulder of her condemned son.
 Then Judge Murphy announced that
 
 Durant and at the same time he would fix the time for beginning the trial of Du- rant for the murder of Minnie Williams. The verdict of the jury meets with gen eral appreciation. The town is wild to- night over it and it resembles the after math of an election.
 Durant takes 1t coolly and says he has not yet lost hope. His attorneys tomor- row will appeal to the supreme court on bill of exceptions, the material for which accumulated during the trial.
 The material for the Minnie Williams trial has all been gathered and the prose- cution Is prepared to go right ahead with it. It is certain that Judge Murphy will set an early day for the hearing The general impression is that the proceed ings in the case will be the same as the one just concluded So far as known Du- rants defense in the case yet to be tried will be as weak as the one just closed.
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