The San Francisco call., 1897-12-26
Does Not Intend to Make
a Fight in the News
papers.
No influence Was Used on the
Jurors or Witnesses in
the Case.
SMYTH WILL NOT TALK
p Ahfdav4ts That Cover the Ground or
Which the Lawyers Are
Now Warning.

Chief OF Police Lees is not at all
alarmed over the new move of the at
torneys for Theodore Durrant in hav-
ing Juror Smyth cited for contempt.
but he is exceedingly wroth at one of
the Durrant lawyers who was inter-
viewed by The Call on Friday night
last
Simply Foote grand stand talk"
Is the way he expresses his sentiments
in the matter, and, moreover, he elab-
crates on his feelings and then brings
affidavits to prove that the new move
Is simply the grasping of a dying man
al a straw.
This talk about the Police Depart
ment trying to influence the jurors or
witnesses in the Durrant case is simDlv
rot, and one of Foote's characteristic
statements said the Chief yesterday,
while discussing the matter. The
Police Department has been absolutely
Ialr in this case, and Mr.. Foote and the
other attorneys who have taken part
IN the defense know this.
l don't think that General Dickin-
son would have made any such charges
as have been made by Mr. Foote. for he
knew that the conduct Of this depart
ment has been beyond reproach I
cannot prevent Mr.. Foote from talking
and making his fight in the news
papers, and don't intend to try. If he
can win his eases by trying them that
way, let him do it. It does not WORRY
me in the least, and in this matter I do
not believe that talk in the newspapers
viii cut any great figure.
As far as the merits Of this new
move are concerned, have nothing to
Asay- At the time the question of
Juror Smyth's prejudice was formally
$-aised I made an affidavit to the mat
ter, as I knew IL, as did Mr.. Smyth
and others. I did not know Mr.. Srnvth
even by sight previous to his being
sworn in as a juror in the case, and I
don't know that I have spoken to him
since.
= have nothing to conceal, and
simply stand on the record of the
. court as far as my connection and that
Of the department are concerned"
Horace Smyth. the accused juror,
positively declined to be interviewed
regarding the case yesterday He de-
clined to answer questions of any kind.
even when asked whether his affidavit
made at time of the former trouble
present.
The affidavit made by Mr.. Smyth on
November 30. 1895, and sworn to before
District Attorney Barnes. proves in
teresting in this connection. as It con-
tradicts fatty the statements made by
Attorney FOote.
Durrant's attorneys had made a mo-
ton for new trial, based on the aff1-
~ 90
q reporter for a morning newspaper.
To offset the charges contained Juror
Snyth made affidavit as follows:
was juror duly drawn, impaneIed
and sworn in the case of the People
Of the State of California vs.. W. H.
T. Durrant. charged with and con-
victed of the murder Of Blanche La
mont.
iofned in the verdict of guilty of
murder in the first degree.
rendered my verdict in accordance
with the sworn evidence as produced
in court. and the law as given me by
the Judge in his charge to the jury.
I did not a. any time during the trial
Of said cause and while I was i'm
paneled and sworn as a juror In said
cause read or hear read any Of the ar
ticles, statements or comments pub
1ished in any Of the newspapers con-
cerning this case.
at all times needed the admonition
of the court given at each adjourn
uent thereof and was at no time in
fuenced In any way, shape or man
O., ner by any extraneouS matter what
ever while a Juror either by newspa-
pers. conversations or public senti
nent If any such sentiment existed.
I received no impression as to the
defendants guilt or innocence outside
h1lf decided
s- case. after elaboration, solely accord
ing to the law and the evidence to
the best of my ability and understand
ing, and not otherwise.
Jsror Snyth relates in the affidavit
the particulars Of his meeting with the
father of Durrant after he had been
DISCHARGED by the court, and of telling
the elder Durrant that there were GER
tain points in the testimony Of the de-
fendant that he did not believe. He
also goes into the matter OF an inter
view with oRe Cusack, in which he was
made to say that he would have ques-
toned Durrant on the stand except for
the fact that he was afraid Of being
abused by the newspapers. He stated
that Cusack had represented himself
las a Call reporter when, as matter of
fact, he was employed on another
paper. He characterized the statements
written by Cusack as unqualifiedly
false.
The affidavit closes as follows:
I further alIeee that no newspaper
or individual could under any clrcum-
stances have any influence on me in
the performance Of my duties as
juror, and particularly in this case,
where I followed strictly the admoni-
tions Of the court, and did not at any
time, from my impeachment as
juror TO the time of my discharge,
read, hear read, see or hear of any
comment, article, headline or sug-
gestion concerning the defendant in