The herald., 1897-12-29
Denies Statements Made
by Durrant
The CASE IS NOT CONCLUDED
AND MAY YET BE OF AID TO THE
MURDERER
The Supreme Court Denies the Appli-
cation Made for a Writ Of
Probable Cause
ociated Press Special wire

! ASSOClateQ ITtSS OPCSidf WAS
SAN FRANCISCO, Dec. 2s.-Horace
Smyth, the juror in the Durrant case,
appeared in Judge Wallace's court this
morning in response to a citation to
show cause why he should not be pun
ished for contempt of court. The cita-
ton was issued upon the affidavit of w.
A. Durrant the father of the condemned
man, and charges that Juror Smyth ad-
mitted to various people that his verdict
was based upon information that did not
receive judicial sanction.
The affidavit stated that Smyth had
told several reputable citizens that his
verdict of guilty was based upon state
ments of shocking immortality on the
part of Durrant.
Smyth was represented by Attorney
II. E. Highton, while General Dickinson
and w. w. Foote represented Durrant.
After General Dickinson had stated
the matter before the court, District At
torney Barnes moved that the proceed
ings be dismissed on the ground that it
was a criminal contempt arising out of
criminal case, and all prosecutions
arising should be in the hands Of the
public prosecutor. He cited the case of
Durant VS.. Washington county, Iowa,
decided by the United States Supreme
Court.
A long argument followed.
Attorney Jos. C. Campbell, of the firm
of Reddy, Campbell & Metson, was called
to the witness stand and Attorney High
ton objected to the Introduction of any
evidence on the same ground as stated
in his objections to the petition.
Mr.. Foote examined the witness, who
modestly admitted that he was lawyer.
He had met Mr.. Smyth at the Merchants
Club in the presence Of Mr.. Metson and
Holland Smith. Mr.. Campbell testified
to the effect that during the course of
the meal he and Smyth discussed the
Durrant case. and the latter said that
Durrant was monster who should have
related several disgusting details in sup
port of his assertion, which he said he
had heard during the trial.
Ex-Judge A. A. Sanderson testified
that in conversation with Smyth at a
well known restaurant, subsequent to
the delivery of the verdict the defend
ant had told him the stories already re-
peated by Campbell in order to prove
to the witness that Durrant was an in
human monster, but he would not swear
that Smyth had claimed to have heard
the accusations before the trial closed.
District Attorney Karnes testified that
no such testimony as has been hinted at
in the present action had been referred to
during the trial.
Attorney w. H. Mettson corroborated
the testimony of his partner, J. c. Camp
bell, regarding Smyth's statement made
at the Merchants club. He was certain
that Smyth claimed to have heard the
stories during the trial of the case.
Juror Smyth was called and denied en-
phatically all the allegations in the affi-
davit of the elder Durrant on which he
had been cited for contempt. Several
sharp questions of Attorney Foote net
tied him, and during heated contro-
versy Judge Wallace adjourned court
until tomorrow.
Late this afternoon the supreme court,
after having heard the matter argued
in chambers, denied the application of
the attorneys for w. H. 7. Durrant, the
condemned murderer of Blanche La
mont, for a writ % probable cause. 1t
was contended by DGrrant's counsel that
Judge Bahrs erred in having fixed the
date for the execution of their client
within less than sixty days after the
date upon which he was re-cOmmitted
to the custody of the warden of San
Quentin prison. The supreme court,
however, after hearing the points relied
upon for reversal, denied the petition
unanimously