The San Francisco call., 1897-12-17
ROWING OVER
DURRAN4 PAPERS
A Bitter Fight Is On Be-
tween Judge Bahrs
and Deuprey.
The Attorney Says He Will
Make a Little Trouble
Himself.
He Points to a Statement He Made
Explaining the Incomplete
Document.

The criticisms of Eugene Deuprey. to
which Judge Bahrs gave utterance on
| Wednesday last, have stirred up the fires
OF Deuprey's wrath, and he is most bitter
in his deunclation of the court.
Deuprey threatens to bring suit for
| damages for defamation of character, and
/ declares that he explained fully to the
court the condition OF the papers IN the
case, and that he was not reading from
the document which he was going TO file.
In support of his be cites his openln 6
statement, in which he said: "If your
Honor please, L desire to make prelimi-
nary motion. and l wish 10 introduce this
statement and an affidavit OF the defend
ant in this case and have it filed when the
m after is entirely com npIeted." This state.
ment, Deuprey claims, should have ex-
| plained to the court that what he was
| reading was not an original docume ent but
draft of what was to be filed later on.
THE affidavits are the same in SUBJ
stance anyway" said Deuprey yesterday
land what | read to the court was as near
as could remem Der it. what l read TO my
| clerk who was TO make out the document
| for fling"
In the meantime Judge Bahrs has not
been idle. He has had attidavits of his
clerk, o. Deputy County Clerk Mulcahy
and of his stenograpuer, H. n. Hall.
| Charles Z. Corey, the Court Clerk,
| swears that at about twenty-five minut s
past II o'clock ,son December 10 young
| man whom he did not know, but VINO ne
was informed was the clerk OF Eugene y.
! Deuprey, presented IN the courtroom OF
| Department 3 an affidavit a copy OF
which Is annexed to his own affidavit, and
asked that it be filed.
Salh haf haf0 hn dor
ment he would have to show it to the
Judge. and the young man said ne did not
! want the Judge to see IL, and snatchlng it
out of Corey hand he left the courtroom.
/ Continuing Corey says he went at once
to the office of the County Clerk with tho
| Intention Of warning the clerk and his
deputies not TO receive or file the docu-
ment until II had been seen and passed
| upon by Judge Bahr-, but upon his arri-
| val there he found the affidavit had already
been flied. He learned this fact first from
the clerk of Mr.. Deuprey, who waving hi
hand at Corey, said: Give my compli.
ments TO the Judge. You are too late.
Ii Is already fled
J. b. Mulcahy, who has charge OF the
criminal records of the County Clerk s
office, also made affidavit that the docu.
ment comp aimed of had been filed with
him n. 1880 o'clock Wedne sday, Decem.
brr 15.
Then follows copies of Durrant's motion
for transfer OF the case to another de-
partment ana tie affidavit in question
supporting il.
II. \. Han, the s:enographor, con.
tributes q complete transcript of the pro-
| ceedings In court from the time the Judge
| entered until the court was closed. A
copy of this transcript the Judge had
served on Deuprey, and the affidavits and
transcript were filed with the County
Clerk.
Judge Bahrs repeats his statement oil
yesterday that e viii not complicate the
Durrant case by any proceedings jus,
now but he intlmates that the inciden:
Will not be forgotten.