The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-12-29
juror Smyth on Trial
for Contempt of
Court.
A Famous Luncheon and a
Diagram on a Mans
Hand.
"A Tale Of Moral Obliquity and Pecul-
lar Family Relation
ship.

The latest straw at Which Theodore
Durrant is grasping to save himself
from being drowned in the waters of
oblivion through the trapdoor Of the
.gallows is the attempt to prove that
Juror Horace Smyth delivered his
verdict on knowledge other than that
obtained through the evidence in the
case.
Just how frail is this straw will de-
Velop this afternoon, when the case
before Judge Wallace will be con-
cluded.
The story of yesterday In brief is
that Joseph c. Campbell, the we'll
known attorney; his partner, Nelson,
Notary Holland Smith and the de-
PENDANT, Horace Smyth, were eating
lunch together four months after the
trial, when an alteration arose be-
tween Campbell and Smyth over the
verdict rendered in the Durrant case.
During the alteration, during which
much acrimonious temper was shown
on both sides, Smyth is alleged to have
said that Durrant ought to have been
hanged on general principles, as he
was moral monster, and backed his
assertion by saying that he had re-
celved information which convinced
him of the truth of his assertion, dur
ing the course Of the trial.
That Smyth said this both Campbell
and his partner Nelson swore. but
Notary Smith could remember no such
remark, While Smyth acknowledged
that he could not say whether he did
or did not say it, as he was in a pas
sion and probably said much that he
should not have said. He further
hot =. II
upon which the remark was based
after the conclusion of the trial. and
that he at no time during the trial
held any conversation regarding either
the case or any one connected with it
with any person, nor did he demean
himself in any manner contrary to the
rules laid down for the government of
jurors
W. ". Foote, who led the prosecu-
ton, found that he had met Tartar,
Tor Smyth turned the laugh on him so
frequently that Foote showed that he
was nettled, while the defendant, not
Withstanding his admission that he is
possessed of an Irish temper" con-
Quoted himself in a most straightfor-
ward manner through the entire pro-
ceedings
There was much legal sparring be-
tween the attorneys on both sides be-
fore the case got we'll started: but
bell was placed on the stand. His teS-
timOny was direct as regards the con-
versa ton. which has been lying hidden
in his brain for two years to be
brought out at a late day. He told in
detail.the story Of what Smyth said to
him regarding Durrant's moral OBJ
liquity and the peculiar relationship
existing in the Durrant family.
At the opening OF the afternoon SEES
sion the courtroom was crowded, IS a
sensation was expected. Ex-SuDerior
Judge Sanderson was first on the stand,
and he testified to Smyth having told
him z. similar story. but without saying
that he had known of it before the close
Of the Durrant trial He said that
Smyth had drawn a diagram OF the
Durrant house on the palm of his hand
or on the table cloth, showing the rela-
tive positions of the various rooms.
District Attorney Barnes was called
to show that no such diagram had
been in evidence in the trial, but later
3 corrected his testimony by showing the
record where Mrs. Durrant had ex-
planned the positions Of her and her
sons rooms.
w. H. Metson, partner Of Campbell
was then called, and testified TO hear
ing the conversation between Smyth
and Campbell, and substantially cor
rObOrated the testimony given by
Campbell. He gave it as his impress
sion" that Smyth had said that he OBJ
tanned this information during the
trial. He also said that Smyth had
given as his authority the name of a
man, which he could not remember. but
whom he thought was a detective. This
mysterious detective figured in the tes-
timony of Campbell also.
Holland Smith, who was also at the
table when this alleged conversation
was held, testified that he heard no
ho
Smyth say anything about having re-
ceived his information during the
g progress of the trial
Horace Smyth was then placed on
the stand in his own behalf, and en-
tered a general and specific denial of
each and every allegation made in the
affidavit He answered deliberately
and emphatically, and then. in response
to q question Of the Judge told "a
straightforward story OF the famous
luncheon at which the allegation is
said to have been made. He admitted
that he had said that Durrant was a
moral monster, and also said that he
had told the story Of which he was ac-
cused of repeating. He said that what
had been said was in the heat of an
animated controversy wherein he was
endeaEoring TO get the better Of a man
who had censured the jury in the case
and he was not willing to affirm or
AEIlya lIlS ants 1lo1l, % liz NCNIO IAOI Ie-
member what he did say on that occa-
sion. He swore positively that he re-
ceived the information upon which the
assertion was based after the cOncIu-
sion of the Durrant trial.
The hour for adjournment arrived
during the DISCRIMINATION, during
which Toote found that he had met bis
match at repartee, and the case went
over until o'clock this afternoon.
IN THE LAST DITCH.
The Supreme Court Has De-