The San Francisco call., 1897-11-20

of Durrant's attorneys TO gain time and
give the condemned a respite from the
fate awaitin him bat now that the motion
has been denied and no order made al ow-
ing the counsel to prepare bill OF excep-
tions, there is no telling what delays may
occur from the complications which may
arise.
At 10 o'clock Yesterday morning the
matter came up in Judge Bahrs' court
room, which WAS crowded with people.
When Judge Bahrs called the case OF the
People vs.. Durrant, General Dickinson,
who with Attorney Deuprey represented
the defendant, announced that they were
ready, General Dickinson arose and, ad
dressing the court, said:
If the court please, this is q motion to set
the Indictment or Information pending
AGAINST Durraut for the alleged murder Of
Minnie Williams tor trial. The indictment
was found at the same time as tha t for the
murder of anche Lamont, on Novem Der 8
1895. About the time the defendant was sen
fenced tor the other crime an order was
made by this court co tinuing this matter tC
be set Tor trial on two days notice by the
District Attorney 10 counse. for the defend
ant. That notice has never been given. The
reason why it has not have never been ap-
prlsed.
General Dickinson then stated that an
appeal was probaoie at the time, but that
since then DurIant has not been in po-
sition TO ask for the motion, as he has
been cram ped for the means of defense,
Notwithstanding the reports to the con-
trary which have gone out. Continuing
he said:
We submit that we nre entitled to have the
case set Tor trial. We don't ask for a dis
misSaI tor the reason that it has not been
brought up Ior tral, but we ask that this
matter be set for trial for we are entitled to a
speedy trial wnen charged with public off ems e.
The attorney then cited some cases
which had been decided in favor OF de-
PENDANTS whose constitutions rights TO a
speedy trial We're III question.
He said that Durrant stands convicted
in the minds and In the est nation of the
peope OF both of these crimes, Tor only
one of which he has been tried. On be-
he OF the friends and relatives of Dur
rant. and also on account OF the fact that
the foundation on which the cases rest is
purely circumstantiai, he urged that the
case be Sc; for trial.
Deputy District ttornev Hosmer, who
represented the people, opposed the mo-
tion and read an affidavit sworn to by
himself, in which the course OF the
Blanche Lamont case was set forth, and
which also cited the following reasons
why the motion made should be denied:
Iual exceptions TAKEN 10 JUc OTucT " NO
vember 10, 1897, had not been settled, and
while the execution of said judgment of death
mas been stayed, it has not been reversed or
SET aside.
That trial OF the charge OF murder of Min
ME Williams in the case of the peop.e VS.. Dur
rant would occupy fully as much time as hat
occupied in the trial OF said defend mt for the
murder OF b enche Lamont; that II would ne
cessitate large expenditure OF money, and ii
the defendant were acquitted there would still
BE- III force against MIN, 50 lar as present con-
dllons how, judgment OF death for the
murder of Blanche Lamont; and If he should
be convicted no greater judgment could be
rendered against him than now exists
The affiant further ALLEGED that accord
ing to information and belief no benefit
could be obtained either by the people or
tHe defendant at TINS time or before the de-
termination OF the case under which the
defendant now stands convicted and that
the prosecution OF q Trial would incur u
large expense to the community and
would occupy the coin plete attention OF
one of the departments of the superior
Court.
Mr.. Hosmer then proceeded TO deliver
an argument which he had carefully pre-
pared and which he had taken the pre-
caution 10 commit TO manuscript. he was
Interrupted by Mr.. Deuprey, who asked,