The San Francisco Call. Newspaper, July 30, 1895, Page 5

THE SAN FRANCISCO CALL, TUESDAY, JULY 30, 1895. 5 SEARCH FOR JURORS IN THE DURRANT CASE Forty Veniremen Exam- ined Yesterday and Excused. SECOND PANEL ORDERED. Judge Murphy Takes Action Concerning the Drama at the Alcazar. ALL THE PLAYERS ARRESTED. Manager Dalley Sald He Would Con- tinue to Disobey the Court’s | Mandate. INAM 1E PROC examined in Judge he effort tosecure rant case. Every . however, was excused for being e od 150 more m the box, the owners upon o answer as to urors on Wednesday and 2 of the 1se, and the pa ed an affidavit of on of the court to on of “The Crime of the e asked an order restraining It was granted and served, ger Dailey and his players and produced one act of the arrested by Sheriff Whelan eld his court open to receive the scene there was most ex- tof bonds the manager and went to the County Jail. he company and the dramatist, te, who is in feeble health, were re- heir own recognizance, They will all t this morning at 10 o’clock to tempt. ,attorney for Dailey, will be in g and it is expected he will »us proceedings for the re- rent 3 of the Superior Court had I quota of spectators in their seats to listen to the proceedings in the rant case, when Bailiff Rocks rapped er and his Honor took the bench at 10 terday morning. The accused ited between his parents, who had 1 early on the scene, and counsel m ase were on hand in good seasor., Dickinson putting the finishing es on the affidavit asking for an in- n against the projectors of “The e of the Century.”” Just before court was called to order Durrant held up his 1and and swore to it before Clerk he moment after Judge Murphy an- ed that he was ready to proceed, al Dickinson arose and addressed he court. & £ our Honor please,” he said, “in this case at bar I desire to procure an order restraining the production of the play, which is advertised to occur at the Alcazar thls evening. I ask it upon this affidavit.” General Dickinson proceeded to read the , which set forth the belief of the nt as follows: ¢ the play “The Crime of & Century” is upon the testimony taken before the e Police Court; that the char- present the prineipal char- presumed to have partici- ated in the murders of Blanche Lamont an Minnie Williams, and the witnesses who testi- fied and are to testify. The character Henri is, he believes, is intended to represent himself in his alleged movements &nd sctions d with the murders of the two girls. acters Beatrice Lacombe and Marjory he as He avers tha! possible the s follows as closely as v of the Emmanuel Church the affidavit Durrant presented ree exhibits—a page from the Examiner ich contains the story of the , and two theatrical posters printed | , announcing “The y"’ “to be presented at heater on July 29.” On_one sters was a paragraph reading: s origimal and strictly moral play does not reflect on any person, place or principle, nor on any sect, creed or religion. The other, besides the reddest of big red imprint of two handsin oi characters in the play ven as follows: Henri Dubois. . ..........Mortimer Snow 15, (he spirit that Tempted him Al Haliet munds.... | . 2 { Richard Scott Il Bennett j T "0 SUACOLS. § prapy Clews William Kay 2. Eldridge . Howard " }Two of & kind { Grim 1Jean Weiner Mr. Jonnstone, & pol Ed Nannary Beatrice Lacombe. al Wells | Marjory Wilson, bous ... Josephine Gassman Mrs. Dubols, Henri's mother. Mrs. Chas. Edmunds The defendant then averred that, upon his information and belief, the play “will jnterfere with the course of justice, will in- flame the minds of the people, and is alto- gether a menace to morality.”” Wherefore, he asked for an order restraining the pro- ction. “I have prepared an order to that ef- fect,” said General Dickinson, as he con- cluded reading. “The State,” said District Attorney Barnes, “joins in the request made by the defendant in his affidavit.” “I should say, General Dickinson,” an- swered the court, *‘that it would be as well to put in_that affidavit an averment, upon information and belief, that this purported play to be produced is, in its main features, made to represent the leading incidents in this case.” ¥ “I think that is alleged,” said General nson. “In other words,” continuea Judge Mur- phy, “if it be true, as you claim, that this purported play, which is threatened to be produced, covers any of the facts or the purported facts claimed to exist in this case, it should be set forth.” 3 “I think that suggestion good,” said General Dickinson, “‘and I will add that to this affidavit.” The court then ordered the calling of the names of the jurors already down and Messrs. Truman and , Sieberlich answered present. The names of ten other venire- men were called and the examinations be- gan. David Hamberger, dry-goods merchant, 6and 8 Sutter street, residence 1609 Post street, was first called. In answer to ques- tions he stated that he had no conscien- tious scruples against the infliction of the death penalty, but under no circumstance would he bring in a verdict involving the death penalty on circumstantial evidence. On this ground he was challenged and ex- cused. Robergp Weinecke, proprietor of the Golden West Hotel, 36 Eilis street, was ex- cused on the ground that he was unalter- ably opposed to the infliction of the death penalty. George Haas, confectioner, rgsiding at 612 Ellis street, had no conscientious scruples against the infliction of the death penalty. He was of opinion that he could Dot give any weight to circumstantial evidence for the reason that his family and that of the defendant were very friendl and visited each other. The State’s chal- lenge was allowed on the ground that Mr. Haas would not make a fair and impartial juror. William W. Toppingof 207 Larkin street | testified that he had no scruples against ently stron; lni the Sta testified that he had no conscientious scruples against the infliction of the death penalty, and he was Prepnred, if sworn as a juror, to give it full consideration. Mr. Topping was excused later, however, on the fact developing that he had formed such an opinion as would render it impos- sible for him to make an impartial juror. Bernard Lucke, shoe-dealer, residing at 2 Golden Gate avenue, was challenged by the prosecution and excused for the reason, as he stated it, that under no cir- cumstances would he join in a verdict | against the defendant which would mean the infliction of the death penalty. George Greensweig, who resides at 2322 California street, stated that while he had no conscientious scruples against the in- fliction of the death penalty, he would un- der no circumstances convict upon circum- stantial evidence. He was challenged by the prosecution for this reason and the challenge was aliowed. Henry H. Finch, an insurance clerk, residing at 1431 Jack- son street, had no scruples against circum- stantial evidence, and was prepared to ren- der a verdict on that kind of evidence. He was unacquainted with the Durrant fam- ily and knew none of the_attorneys or de- tectives for the defense. His answers were satisfactory to the prosecution, and he was passed by the District Attorney. Cross- examined by Mr. Deuprey, he_stated that he had practiced law, and had paid some attention to the study of cases of circum- stantial evidence and recognized the fact that it must be taken with a great deal of caution. He stated that he also recognized that testimony in regard to identification is subject often to very great mistakes, and should be taken with very great caution. It looked very much aiter a few more questions as if Mr. Finch had all the qual- ifications for a good juror and would be gnssed without challenge. This hope was lasted, however, when he stated that he had read much apout the case and had formed an opinion, which only the strong- est kind of evidence could remove. Upon this he was challenged for cause, and the challenge was allowed. Oscar R. Jones, stockbroker, .320 Pine street, had no conscientious scruples as to the infliction of the death penalty, but stated that he would not convict on cir- cumstantial evidence. W. E. Rippon of 825 Haight street was challenged and ex- cused for the same reasons. William_Fahey, hotel-keeper at Fifth and Mission streets, was passed by the prosecution and challenged by the defense on the ground that he had a fixed opinion on the case, which it would require strong evidence to remove. Ten other jurors were called to the box and duly sworn to answer. Charles Kos- tering of 1728 Folsom street, after a good deal of questioning, developed such a strong opinion on the case thata challenge directed at him was promptly allowed. Fred W. Butler, a bookkeeper, residing at 1631 McA lister street, seemed to possess all the qualifications necessary fora juror until near the end of the cross-examina- tion by Mr, Deuprey. Then it developed that, even in matters of law, he would be more inclined to follow his own opinion than that of the court. He was sharply questioned by Judge Murphy, and, still clinging to the idea that he would be pretty apt to rely on his own judgment, he was excused on the challenge of the defense. T. W. Moore of 1404 Van Ness avenue ad- mitted that he had formed an opinion on the case so firm that only the strongest kind of testimony could move him. He was challenged by the State and the court sustained the challenge. Dietrich Hoffmann, a grocer at Twenty- fourth and Church streets, was excused on the same ground, as was also W. G. Staf- Broderick street. Henneberry of 129 Ellis street 2 the infliction of tLe death penalty. but was unutterably opposed to a conviction on circumstantial evidence. He was chal- lenged the State and excused. Nathan Biboe was of the same opinion, and he, too, was chalienged and excased. | James T. Wiseman of the American Ex- change Hotel, 319 Sansome street, would not join in a verdiet on circumstantial Svidence where the consequences would be eath. Lee H. Clayburg of 1104 McAllister street developed such a strong_opinion as to re- uire a great deal of evidence to remove. e also was challenged and excused. Samuel Dannenbaum of 1807 Post street, the twentieth man on the venire to be ex- amined during the morning, had consci- entious scruples against circumstantial evidence. He was challenged by the State and excused. The two jurors sworn, Irwin J. Truman and Thomas W. Seiberlich, were the only ones left in the box when the court re- ceived the amended affidavit of Durrant on the application for injunction agaiust the management of “The Crime of the Cen- tury,” and he thereupon issued the follow- ing order: In the Superior Court of the City and County of San Francisco, State of Califortia. The People of the State of California vs. W. H. T. Durrant. Upon readiug and filing the affidavit of said defendant, made and filed herein, setting forth that W. R. Dailey and R.G. White, their agents, employes and other persons in their employ and under their control, have during the past few days and now are advertising by posters and in the newspapers in the said City ana County and by & public exhibit of “exhibit 1" attachied to said afidavit, a certain play, called “The Crime of & Century,” and that they have 50 advertised and intended to produce the said | play at the Alcazar Theater on July 29, 1895, and that tickets of admission have been sol thereto; and it further appearing that said play is founded upon and has been and is ad- vertised to reproduce and represent in detail the persons involved in the charge of murder upon which said affiant is now being tried in this court and the circumstanCes under which the same is presumed to haye been committed; and it further appearing that the advertising and threatened production of the said play interferes with the trial of the said cause in this court and with the administration of justice in the premises and is and will be an unlawful interference with the proceedings of this court. 1t is hereby ordersd, adjudged and decreed that the said W. Dailey and R.G. White, their and each of their agents, attorneys, and employes, and any other person or per- sons in their employ or under their control, do forthwith desist and cease the further display of “exhibit 1,” attached to said affidavit, and do at once cease to advertise.in any manner, by display or otherwise, the said play, “The Crime of a Century,” and they are furthef for- bidden to produce the said play or any portion thereof, or any play referring to the murder for which the said defendent is now on trial in this court until the said trial shall have been disposed of. That a copy of this order and of the said affi- davit be served forthwith upon the said Dailey and the said White. Done in open court this 29th day of July, 1895. D. J. MureHY, Judge. A recess was then taken until 2 o’clock. At the reconvening of court ten more names were drawn. James H. Bingham, contractor, 28 Phe- lan building, a man of family, having daughters, said he had read the newspaper accounts of the testimony at the Coroner’s, inquest and the preliminary examination, and had discussed the cgse, though not with witnesses. He haa formed an opinion, and it would require personal ac- quaintance with witnesses to shake that opinion. He was challenged by the State, and the challenge was allowed. Percy Beamish. the gentlemen’s fur- nisher, residing at 2130 Howard street, had no conscientious scruples against the death penalty. He was passed by the State, and challenged by the defense on account of an opinion 'he had formed, based on reading and discussion of the case, an opinion which could be removed only by strong evidence. The challenge was sustained. Thomas H. Noble of 41 Hermann street had no prejudice against circumstantial evidence, but had formed an opinion re- quiring strong evidence to remove. The challenge by the defenaant’s counsel was allowed. J. B. Cordano, 729 Folsom street, a man of family, had read part of the former tes- timony and had formed an opinion suflici- to warrant the court in allow- ’s challenge. lliot M. Root, 903 Steiner street, was saused by the State and challenged by the efense because he had formed an opinion which would require strong evidence to re- move. Challenge allowed. Patrick Riley, 3339 Mission street, ex- cused on the challenge of the State on account of his fixed opinion. 5 Samuel 1. Wormser, 1834 California street, was excused on the challenge of the State because he could, under no circum- stances, find a verdict of guilty where the punishment would be death, on circum- stantial evidence. Benjamin Bangs, 112 Lyon street, was excused on the chailenge of the prosecu- tion on account of a fixed opinion. Abram Michelson, 301 Leavenworth street, a resident of San Francisco for seventeen years, was excused on the chal- lenge of the prosecution, because, under no circumstances, could he bring in a ver- dict on circumstantial evidence where the punishment was death. g W. G. Landers, 1313 Taylor llrmata had no conscientious scruples as to the death penalty, but had some prejudice against circumstantial evidence and would not convict under such evidence. He was challenged by the State and excused. Ten more names were drawn and nine of the men represented were sworn as to competency. The tenth, E. 8. Lemme, objected to the oath and was accordingly permitted to affirm what the others had sworn. The examination then proceeded. Robert Hector, proprietor of the Albe- marle Hotel, said that under no circum- stances could he return a_verdict with the death penalty attached. He was excused on the challenge of the State. So it went through the list of those ex- amined. some objecting to the death pen- alty, others being possessed of a prejudice against capital punishment or having Kann, 2524 Pine. John Lynch, 303 Polk. Thomas T. Atkinson, 1444 McAllister. Francis E. Edwards, 1326 Guerrero. Charles H. Robinson, 913 Twentieth. Sidney §. Holman, Filbert, near Polk. G. J. Brigarts, Ellis and Buchanan. 8 Daniel McLeod Jr., 1106 O'Farrell. Fred Mandery, 3200 Geary. Albert Stetson, 141614 Washington. John B. Mersing, Devisadero and Fell, M. W. Radovitch, 508 Poweil. Patrick 0'Connell, 416 Austin, A. C. Forsyth, 1816 Fulton. George Eaton, 2608 California, John R. Cross, 801 Haight. Thomas A. Farless, 1108 Bush. Hermann Joost, 237 Cap) Richard Wellman, 2700 Sutter. Richard W. Bowditeh, 1701 Jones, John C. Speight, 611 Bnsh. George W. Sweetzer, 127 Ivy avenue, John A, Hammersmith, 2830 Bush, George Gale, 3033 Washington. Leon A. Denison, 1101 Pine. Jeremiah J. Kelly, 232 Clara. Marion Leventritt, 1732 Pacific avenue. Charles A. Machio, 1208 Church. George J. Ives, 1315 Clay. Ludwig A. Res. 1314 Stockton. Jacob Stone, 1409 Van Ness avenue. Pred Ripper, 123 Twenty-fourth, John J. Pastene, 81714 Filbert. Dudley Haskell, 1607 Baker. William Wittland, 13108 Jackson. Lawrence C. Cuel, 1220 Fourth. Rudolf Hermann, Jefferson, near Baker, John W. Carroll, 1104 Twenty-third, Peter Jackson, 2122 Mason. Joseph H. Mogser, 19074 Union, F. W. Eaton, 1024 Pine. William F. Menne, 73114 McAllister. Michael D. Nolan, 1025 Page. W. F. Empey, 2815 Clay. George F. Maxwell, 1911 Stockton. Frederick Geunheimer, 1155 Harrison. George W. Wright, 118 Taylor. 8. Leon Guggenheim, 1119 Post. Robert C. Atkins, 1348 Hyde. building, on Post and Stockton streets, and Eugene N. Deuprey was employed asattor- ney for the plaintiff. Pending the hearing of "the suit he and Clark got to know each other very well. Olark is a brother-in-law of Henry T.Buch, the senior partner of the firm of Bush & Mallett, plumbers, 32 Geary street. 4 Andrea Sbarboro, secretary of the Italian- Swiss Association, said last night that there was nothing strange or unusual in the fact that he does not know his agent’s exact whereabouts, as the latter was work- ing on commission, and was entirely in- dependent. Referring to the matter last night Mr. Sbarboro said that he first met Mr. Clark in the middle or latter part of June. The acquaintance was brought about through his own and Mr. Clark’s children. “My boy,” said he, “told me that Mr. Clark had tasted our wines and said he would like to take the agency for their sale in the New England States. We had a consultation and he was engaged. I do not remember of his ever speaking of the Durrant case to me. In fact, our conver- sation was on business matters. I do not know whether or not he was in the City in the first partof Aoril. I wasnotacquainted with him at that fime.” PLAYERS ARRESTED. Manager Dailey and His Company All Taken In. Yesterday afternoon the order issued by Judge Murphy restraining W. R. Dailey, manager, and R. C. White, author, from presenting the drama kncwn and adver- DETECTIVE HARRY MORSE IN A CHARACTERISTIC FOSITION STUDYING UP HIS THEORIES. formed fixed and immovable opinions, the following being excused: Peier Flack, fruit-dealer, 492 Washington, street, and Maurice Casey, 1329 Sutter, chal- lenged by the State. Cornelius Jensen, a retired cooper, 1925 Howard, a resident of San Francisco for 43 years, passed b{ the prosecution and chal- lenged g the defense. SH. Ralston, 915 Page, challenged by the tate. George S. Gilbert, 2216 Clay, challenged by the defense. John McCarthy, 1010 Sutter, challenged by the defense. Louis Feusier, 1027 Green, challenged by the prosecution. s Frank E. Booth, present residence Oakland, passed by the prosecution and challenged by the defense. E. 8. Lemme, 414 Yerba Buena street, was the most positive of all the talesmen examined in his conscientious scruples against_capital punishment. He said he believed a legal execution to be a crime. He was promptly chanensed by the prose- cution, but was questioned by the defense and replied positively that he would not join in'a verdict of guilty where the pen- alty was death, no matter what the evi- dence was. The tin box was turned again, and one name, that of Adolph Kline, was called. The name of Louis H. Kohn, previously calied without response, was again called, and Mr. Kohn still being absent, an at- tachment was ordered issued for him. The panel of 150 having thus been exhausted. the examination of Kline was postponed until a full box could be had. With consent of counsel, Judfe Murphy made an order upon the County Clerk for 150 more names, and that the Sheriff serve them, seventy-five to appear in court at 10 o'clock on ~Wednesday morning, and seventy-five at 10 o’clock on Thursday morning. Following are those drawn: Lorenz Helmer, 2208} Mission street. William M. Chéwning, 1900 Broadway. Isaac Leipsic, 2313 Jackson. John H. Smith, 309 Eddy. Thomas W. Armstrong, 12 Lilly. Nathan Dodge, 629 Twenty-first. Joseph Mulhall, 1915 Hyde. Adolph Hober, 2710 Devisadero, Kossuth Levy, 722 Golden Gate avenue. Jerome B. Fargo, 1310 O'Farrell street. Edward Mohrig, 1020 Golden Gate avenue. C. F. Brauer, 2002 Golden Gate avenue. ncmtrle' Campbell, Seventeenth and Church reets. Alexander D. McDonald, 1713 Green. Fred D. Ciprico, 735 Twenty-first. William P. Humphreys, 816 Chestnut. August Harenburg, 2333 Greenwich. Robert B. Hochstadter, 1012 Van Ness avenue. Jacob Cordes, Tnenty-3ixth and Valencia. John Thode, 828 Wallace. Joseph Fiegenbaum, 1208 Golden Gate avenue. Harris Lando. 9154 Sutter street. William G, Koch, 1815 Mason. Willlam E. Lovejoy, 119 Bernard. William R, 8herwood, 1123 California. Henry Newhouse, 1303 Larkin. Nathan Crocker, 929 Sutter. M. R. Dempster,'36 Glen Park avenue. Louis B. Merton, 815 Oak. Hugh P. Crummy, Railroad avenue. W. T. Wetherby, 741 Golden Gate avenue. John H. Harney, 414 Hill. M. T. Freitus, 1714 Webster. Fred W. Clark, 899 Noe. 3 William D. 0'Connor, 420 Ringgold. Chas. H. Duvenick, Seventeenth and Eureka. Henry Weibusch, 802 Seventeenth. W. C. Welch Jr., 2115 Bush. Thomas M. Walsh, 649 Stevenson. Henry Bingham, 1501 Golden Gate avenue. David E. Miles, 2104 Van Ness avenue, Abram Kohlman, 1216 Eddy. William F. Falls, 2511 Clay. Angelo Arata, 522 Green, Dwight B. Nye, 1635 Polk, J. Granville Conroy, 1730 Greenwich., Gustave Gump, 3014 Washington, John D. Griffin, 171414 Howard. Albert G. Wieland, 424 Page. Nicholas King, 2016 Baker. Samuel J. Hendy, 102 Bartiett. William Wolf, 1314 Washington, John P. Lysett, 641 Valencia. Moses Levy, 1405 Gough. Hiram A. Deckelmann, 241 Oak. John A. Fitzgibbon, 430 Eddy. Albert Dallemand, 3211 Buchanan, John Partridge, 2526 Washington., Jacob Rosenbaum, 321 Ellis. Thomas N. Furlong, 914 Fulton. Asa Fiske, Buchanan and Hayes. Simon Vock, 801 Grove. William B. Walder, 514 Leavenworth, Thomas Eagleson, 606 Oak. James R. Bucelle, 5131 Sixteenth. John Hinkel, 902 Steiner. ‘Wendell Easton, 2201 Scott. Abraham Rothschild, 1232 Post. Louis Bergerot, 1959 Market. Robert McElroy, fln}fht and Buchanan. Walter 8. Brown, 426 Ellis. James A. Salts, 2734 Pine. John H. Mallet, 1314 Jones. Henry B. Albers, 526 Arkansas. Charles H. Abbott, Pacific Union Club. Isidore S. Ackermann, 2419 Washington. Johann Rosenguest, 411 Drumm. Henry G. Lapham, 405 Geary. ¥ Schammle, 2015 Poweil. ‘Thomas Filben, 1333 Jackson. Edward F. W. Allen, 1207 Montgomery. Joseph Rosanber{ 908 Ellis. Henry Lohman, 1711 Devisadero, Andrew N. Aiken, 217 Devisadero. Marcus Kayser, 443 MecAllister. F. M. Greenwood, 711 Hayes. A, M. Davis, 1723 Pine. John G. Klumpke, 1000 Chestnut. Charles P. Nathan, 1617 Van Ness avenue. George Weise, 1710 Union. Jacob Neustadter, 403 Leavenworth, Frank Konig, 626 Geary. George A. Waugh, 31 dy place, Franklin Dllton,’i‘wem sixth and Fair Oaks. Hans H. Kohler, 1124 Gough. John H. Schulte, 1137 Guerrero. Meyer Davidson, 517 McAllister. Isaac A. Conklin, 2326 Sutter. Robert Samish, 1342 Ellis. Henry L. Van Winkle, 2120 Jackson, ‘William Watkins, 1912 Green. THE WITNESS CLARK. Mr. Sbarboro and the Police Tell What They Know. The police have received and give out the following information about C. H. Clark, Durrant’s new witness: Six years tised as “The Crime of a Century,” was served by Deputy Sheriff Byington. He stated that Manager Dailey said to him, “That’s all right; the play will go on,” or words to that effect, and that Dailey in- vited him to come down and see the play. In accepting this invitation the Deputy Sheriff had as companions ten other depu- ties in command of Deputy Sheriff Clack, and at half-past 7 the street in front of the Alcazar began to fill with anxious specta- tors, whogathered, as many of them stated, *“‘to see the fun.” By half-past 9 the entire cast, including the manager and the author, was in the hands of the officers, on their way to the City Prison, in hacks and coupes. There were fifteen in all. ‘When the audience began to arrive the ticket agent did a most elaborate business, and tickets were sold nearly up to the time the play was brought to a close by the ap- pearance of Sheriff Whelan, with a squad of police, who kept the crowd back while the Deputy Sheriffs entered the theater from the stage entrance and took posses- sion. Shortly after 8 o’clock the curtain went up on a parlor scene to_an audience of about 500 people. Mrs. DuBose, the mother of the man of morbid appetites, Henri DuBose, a part played b; ortimer Snow, who some months ago played Chris Evans in the drama of “‘Evans and Sontag,” and Beatrice Lacombe, a schoolgirl, are dis- covered and engaged in a somewhat lengthy dialogue about the son, who sud- denly enters from the right portiere and clasps his mother in his arms with acry CHARLES H. CLARKE, THE WITNESS FOR WHOM THE DEFENSE IS SEEKING. [From a photograph.] ago he worked for Rosenbaum & Co., on Sansome street. Four years ago he worked for Hutchinson, Pierce & Co. in New York and remained in their employment for two years, Subsequently he worked for Her- man H. Schweth, New York, for six months, and later with Muldauer & Co., New York, for six months. Then he returned to this City, and prior to his present trip East for the Italian- Swiss colony he worked for the American Import Company. He had difficulties with that company about orders. Clark’s mother or mother-in-law was injured by a car in front of the Union Club of, “My dear, dear mother. Ah! life with you has some charms, some hopes, and without you I would be—" Suddenly his eyes fell ngon Beatrice, and his morbid passions proclaimed them- selyes. Here his mother made her exit, and stumbled on the rug. It was plain that the two women were very much un- strung, losing their cues lrequanfly. The glny went on. Henri declared his love for eatrice, and did it with such vehemence that it startled her. A short but heavy dialogue closed the scene, and Henri, in the center of the e, under the calcium light, unfolded tI terrible curse that hovered over and took possession of him. He admitted a powerful desire to take the life of Beatrice, and Al Hallett, who played the partof an evil spirit known as Malus, appears at his side as the genius of vileness and depravity. The scenes that followed were halting and the dialogne of the medical students more humorous in its baldness than other- wise. Two body-snatchers are introduced, whose chief occupation seems to be to abuse each other’s understanding of var- ious words used. Then Henri DuBose and Roy Edmonds, a young medical student, were brought face to face, while the former is denounced as a vile creature by the lat- ter. The situation in the following scene was made more dramatic by a gauze effect, showing Henri in the act of dissecting the body of a young girl lying upon a table, covered with a mantel. As the curtain fell there was a faint suggestion of applause aund the orchestra dis- sipat the gloom by a little lively music. At the conclusion of thisact the theater was nearly filled and the crowd outside has increased tenfold. General Dickinson, who occupied a seat in the dress circle, got up and moved among the Deputy Sheriffs, who sauntered around in all parts of the house. Some one_inquired when the arrests would be made and it was exglained that it was first necessary to have the order defied before warrants could be issued. As soon as the play had gone far enough to satisfy the officers that Dailey did not intend to recog- nize the restraining order the warraunts for arrest, which had been previously filled out but not signed, were taken to Judge Murphy, who was holding court open for that purpose, and his signature was affixed forthwith. About 9 o’clock the patrol wagon drove up and the crowd surged around as_the’ ten uniformed officers, accompanied by the Sheriff, alighted and filed up in front of the theater. From all directions people came, ahd the Orpheum poured out an assortment of sightseers to increase the throng. Within a few moments the police had driven the mob back to a respectful 4 distance, and the Deputy Sheriffs, armed with individual warrants for the players, proceeded to the stage entrance and de- manded admittance. Manager Dailey said he had not the key, but the Sheriff very politely informed him that he desired admission any way, and tne door was soon opened to the minions of the law,who filed down underneath the stage and up in be- hind the scenes. ‘When they arrived the second act had begun and the scene was a fac-simile of the ill-fated Emmanuel Baptist Church with its doors closed. Henri was waiting for Beatrice to meet him, as prearranged. Suddenly there was a halt in the programme and Beatrice failed toappear at the appointed time. Henri looked somewhat rattled and finally made his exit as gracefully -as possible under the circumstances. Beatrice was detained by the reading of a warrant for her arrest, and after a painful silence Manager Dailey stepped upon the stage and in a somewhat excited way made the following speech : “Ladies and gentlemen: We few gifted people, who have been endowed with the ability to hold the mirror up to nature, have been enjoined by the Sheriff and the Judge to stop at once. We have tried to present to you a realistic drama that does not reflect on any person, place or prin- ciple, nor on any sect, creed or religion. As the renowned Shakespeare said, ‘Hold- ing the mirror up to nature,” and I claim that we have the same right to depict the scenes of real life that the Examiner, THE Cary, the Chronicle, the Bulletin, the Post or the Report has. “Yes, it is true that I have disobeyed the mandate of Judge Murphy, and I will con- tinue to disobey the mandate of Judge Murphy. I will promise you all, and the chances are a thousand to one, that to- morrow night right on the boards of this stage you will see a complete drama, and one that is fit forany ladyor gentleman 1o attend. “I wish it distinctly understood that I object to being prejudged, and if the court had permitted me to finish my play, and then arrested me, I would not have said a word, but as it is I consider it preposterous and unjust.” ‘When Mr. Dailey had finished, at his suggestion the orchestra played an over- ture and the audience filed out. The street was literally jammed with people and the crowd was fast increasing. A few coupes instead of the patrol wagon were suggesied and the advice was taken. As soon as the cast could arrange its wearing apparel and remove the make-up the main en- trance was cleared and the troupe, headed by Mortimer Snow, the leading man, bore down upon_tbe coupes and quickly filled them. Their agypearame was_the signal for a round of. applanse and the mob crowded and craned to get a filimnse of the fleeting idols who had succeeded in getting arrested. The coupes were headed for the City Hall and the throng fell back and clam- ored out approval and applause as the cast waved their hands and left the scene of so much doubt and, to some, disappoint- ment. Up in Department 3 his Honor, Judge Murphy, the clerks and the District Attor- ney were calmly awaiting the arrival of the prisoners. There had been an air of expectancy around all evening, and things were ready for business. The first business came a little before 9 o'clock, when Deputy Sheriff Byington came up from the theater and announced that the play was going on. He was im- mediately taken aside, an affidavit made out and court wasconvened. The affidavit was to the effect that Deputy Byington had served copies of the court’s restraining order on Dailey and the members of the company during the day, and notwith- nandin%]thnt had just come from the Al- cazar, where the play was being produced. The affidavit was read by Mr. Barnes, and Judge Murphy at once took substan- tial notice of the disregard of his order. “Let attachments issue for all the par- ties mentioned in the affidavit,” he said, “and let them be brought into court at once. The bail is fixed at $2000 each for Dailey and White, and $1000 each for the other parties.”” The order of the court was entered, at- tachments were made out at once. and Bheriff Whelan started for the theater. It was nearly 10 o’clock when the foot- steps of an eager crowd were heard in the corridors, and immediately after the actors and actresses filed into the courtroom gig- gling and laughing as if the whole affair was a huge joke. After them came the crowd, but it was stopped at the door, and only a sufficient number was allowed in to fill tbe seats. Then Judge Murphy ap- peared and the bailiff rapped for order. Judge Murphy sauntered down to the corner of the clerk’s desk and leaned leis- urely upon it. *“Who wants me?’ he asked as he surveyed the crowd with a sur- prise that was purely i‘udicial. “If your Honor please,” said W. H. Cook, who appeared for the actors. “Do you speak to me personally oras the Judge of this court ?”” his Honor asked. ““As the Judge, or the magistrate, or—" answered Cook, irresolutely. ‘Al right, then, I'll open court,” and his Honor took his seat upon the bench. “What is this for?” asked the Judge. “Tt is for the purpose of fixing the bail.” “That is already done on the attach- ments,”” replied Judge Murphy. - *‘Then it is for a reduction of the bail.” ‘1 will not reduce the bail, Mr. Cook,” said the court, and_then Cook took an- other tack. He read from the code and drew distinctions between warrants and attachments, but all to no purpose. It was getting late and the court was becom- ing restless. The smiles had faded from the faces of the players and the proceed- ings were beginning to take on more in- terest for them. ““If you have bail ready proceed to sub- mit it,” said the court. ““It will take me about_fifteen minutes to submit the bonds,” said Cook, ana then & recess for that time was taken. ‘When court opened again the bonds were still in process of construction, but Judge Murphy had been m.kir':ig inquiries. *‘I have no desire to be hard upon the eople under arrest,” he said, *‘and 1 un- erstand there are three women in cus- tody. Iam willing to believe they were employed by the principals, and thought it their duty to proceed with the play. do not say they did right, but I do not wish to be hard upon them. If they will promise to be here at 10 o’clock to-morrow morning I will let them go on their own recognizance. Will you three women be here?” demanded his Honor. “Yes, Judge,” came from a cornerjof the courtroom, and then they and their fe- male friends walked out. “Mr. White, come up here,’” then called the court, and after asking him about his connection with the play and ascertaining that he had not the power to prevent its production, the Judge let him go on his promise, because ‘*he was old and decrepit, and a night in jail might do him harm.” “Are you ready now, Mr. Cook?” his Honor asked. “In just a minute, sir.” “I have waited long enough and if your bonds are not read. fwill retire,” said the court, so Mr. Cook approached with his first bondsman, A. S. Pacheco. Pacheco could not answer questions satisfactorily. He said nfterwarg that the Judge knew him well and also that he was a rich man, and he thought the court was joking with bim when he was asked what Le was worth over and above hisdebts. He an- swered lightly. . This was the last straw. The bond was incorrectly drawn in the first place, a fact which tried the court’s patience. and then when Pacheco, who claims to be worth $100,000, declined to state he was worth $7000 the Judge lost patience. ‘‘Adjourn court,” he said and flduuced out of the room. . Then the prisoners were hustled into the Lurybox, the court was cleared and guarded v deputy sheriffs the players walked two and two to the County gnil. It was a very solemn crowd; not any- thing like the laughing iot which came into court a couple of hours earlier. The cases of all will come before Judge Murphy at 10 o’clock this morning. THE BOOK OF WORMON, Elder Lorin Farr of Ogden De- livered a Discourse Last Night. He Predicts a Fulfillment of the Prophesles and Success of the Church. Elder Lorin Farr, who for some sixty years has been prominently identified with the work of the Orthodox Mormon Church of Salt Lake City, delivered a discourse on Sunday at Calanthe Hall, in the Pythian Castle, on Market street. the trend of his remarks being on the Old and New Testa- ments in the light of the revelations of the Book of Mormon. Elder Farr is a well-preserved gentleman 75 years of age, and was an intimate acquaintance of Joseph Smith and his peo- ple in his early boyhood, having been con- verted to the Mormon faith in 1832. The finding of the revealed plates, their trans- lation by Smith and Oliver Cowdery, and the preaching of the new gospel by Orson Pratt and others of the early apostles, re- ceived interesting reference. *Joseph Smith,” said Elder Farr, “was an honest-hearted, pure young man, who for years had been under influences that culminated in giving to the world a gospel like unto which the world had never seen.” The trials of the prophet, some forty-five in number, and his ultimate death in the jail at Carthage, Iil.; the trouble at Nauvoo and the final establishment in Utah were remarked as being the begin- ning of the end, when the Church of Jesus Christ of Latter-day Saints would gather into its fold all the nations of the earth. Elder Farr explained how the Book of Mormon showed the peopling of America 600 years before the time of Christ and how it made clear certain passages of the Bible. President H. S. Tanner, who isin charge of the church’s California mission, also delivered an address. In speaking about matters last evening Mr. Tanner remarked that since the ansage of the Edmunds- Tucker act declaring against polygamy and the sustaining of the law in the Reynolds test case, the manifesto of Presi- dent Woodruff had been observed, and while the belief of the church was as formerly, yet a desire to obey the country’s laws prevented any _teaching of the doctrine of plural association. Meetings are being held regularly at Calanthe Hall, where, next S8unday, at 2 P. M. and at 7:45 p. M., Mr. Tanner will de- liver addresses. The subject of the even- ing meeting will be “The Dream of Nebu- chadnezzar and the Interpretation as Given by Daniel, Showing the Literal Ful- fillment."” President Tanner reports churches es- tablished in tnis City and at Sacramento, Fresno, Los Angeles, San Diego and nu- merous other points, and some fifteen elders in the fieFd securing converts. ON TWO CRICKET FIELDS. The Pacifics Score a Victory at the Garden City —Mill Valley Vanquished. No cup matches were played on the cricket fields on Sunday. The one sched- uled event between the Alamedas and Cali- fornias was forfeited by the latter club in consequence of its captain’s illness. Two other interesting games took place, how- ever. The Pacific team took an early train to San Jose to engage with the local players. Captain George Theobald won the toss and sent the Garden City men in. The first four wickets were somewhat expensive, Knowles, F. Mayo and Howard (late of the Pacifics) making good stands. Then Charley Hill got in his deadly work. The wickets fell with alarming rapidity, and at the fall of the last wicket the total regis- tered was 86. The Pacifics have to thank the Theobald brothers for almost equaling this score off their own bats, their united contributions being 81. Wiseman played a_good inning of 25, but, thanks to the bowling of How- ard and Mayo, nobody else reacheda double figures. The side, however, passed the San Jose total by 71 runs. The visiting team was most hospitably entertained at luncheon by their opponents. The score: SAN JOSE CRICKET CLUB. 8. Mayo c. J. Theobald b. Casldy 7 F. Knowles c. Tiedman b. Casid; 13 Cecil Gardner st. G. Theobald b. 8 E. H. Howard b. Hill 23 F. Mayo c. Mutch b. Casidy. 25 J.F. Brown b. Hill 0 0 [ 0 H. Lawrence b. Hufferdine. Extras.. Total.... flecoh J. J. Theobald c. S. Mayo b. Howard . 34 C. B. Hill b. Howard. SR E. A. Mutch L b. w. b. Gardner. <28 G. Theobald b. £. Ma; . 38 G. Wiseman b. F. Ma: 5 23 H. C. Casidy b. S. Mayo. ‘A. P. Theobald not out. T. J. A. Tiedeman run out... G. Hufferdine c. and b. Hos A. M. Deane L b. w. b. Howard. 8. 0. Hilton c. Day b. Howard J. Mantry b. Falco Extras....... 1 Total... AL 157 The recently formed Mill Valley Club played its initial match on a foreign pitch against the Alameda B division at Ala- meda. The ?lme ‘was characterized by un- usually small scoring, though some good cricket was played on both sides. All four innings were played. The home team went in first and scored 38, Bragee alone con- tributing double figures. The visitors fol- lowed with 80, of which R.N. Truman made 13. In their second essay the Ala- meda men made a better showing, and reached one short of the century, thanks chiefly to Peel and Lewis. With107 against them the visitors bofm their second in- ning, but in spite of a good start by Tru- man, they fell snort of the required total by half a hundred runs. The bowling of Sollum for the defeated team, and of Fsoou for the Alamedas, was excellent.