The San Francisco Call. Newspaper, October 4, 1895, Page 5

l, THE SAN FRANCISCO CALL, FRIDAY, OCTOBER 4, 1895. REFUSED TO ANSWER DURRANT'S ATTORNEY. A Newspaper Woman Who Had No Terror of the Jail. SECRETARY M'COY FINED Miss Cunningham Will Not Divulge the Source of Information. THREATENED WITH DURANCE. Student Rass Unable to Fix the Date of His Walk With the Defendant. DURRANT TRIAL IN. A MINUTE— CCOY'S PENALTY. w0 sensations vesterday in the ore Durrant, charged with the Blanche Lamont, though both of buf remotely connected with the of the guiit or innocence of the pris- THE oner. The first occurred at the close of the morning when Secretary H. J. McCoy of the Y C. A. was fined $250 for his remark to J Truman in the McAllister-street car last Thursday. The second came at the close of the after- noon session when Miss Carrie Cunningham, & newspaper reporter, refused stoutly to divulge ce of her information concerning the v of Mrs. Leak. Judge Murphy threatened with commitment to jail unless she answered the question, but she refused. She was finally given until this morning to consult &n attorne The morning session of the trial proper was occupied entirely by the medical students of the senior class and the introduction of their notes on the lecture of Dr. Cheney. the afternoon H. S. Field of Hammersmith testified that the ring of Blanche La- was of & kind quite common in the et. afternoon on Webster street near the col- lege, but he could not fix the date as April 3. O. 8. Goodell, a teacher at the School of Mecheanical Arts,told of Durrant’s cailing at the school on the 5th of April in the morning. dents also testified and then was called. The trial con- e THE TWENTIETH DAY. McCoy Sentenced and Miss Cun- | ningham Threatened With the County Jall. There were occurrences in the trial of Theodore Durrant yesterday—occurrences which more than compensated for the ex- ceeding dullness of the previous day and the uninteresting character of most of the testimony offered vesterday. The first of these occurrences was the sentencing of H. J. McCoy, general secre- | tary of the Young Men’s Christian Asso- ciation, to pay a fine of $250 or go to jail tor five days, as a penalty for his jocular and thoughtless remark to Juror Truman— “You hang him or we'll hang you,” Judge Sawyer appeared as counsel for McCoy. He did not plead for mercy nor seek to mitigate the offense. He admitted everything, and by the testimonyof Mr. McCoy and by that of Mr. Truman merely proved that the remark was made thought- lessly, with no intention of influencing the juror and with no malice toward the de- fendant. When all had been said Judge Sawyer arose and remarked that his client was ready for the sentence of the court, and that whatever it should be he stood ready® to pay the full penalty of his wrongdoing. Judge Murphy thereupon imposed the sentence of the court and ordered thatit | be held in abeyance until Saturday morn- | ing. Mr. McCoy accepted the sentence be- comingly, but probably remarked to him- self that jokes are dear at that price. He will pay his fine and escape the jail. But the p ky little newspaper woman, Miss Carrie C ngham, who declined to disclose the source of her information con- cerning the story of Mrs. Leak, may not fare so well, The question was asked by the defense at about the close of the afternoon ses- sion. She said first that she did not ob- tain her informaticn for the article in question from Mrs. Leak. In permitting Mr. Dickinson to make the further inquiry—over the objection of | the District Attorney—Judge Murphy re- | marked that it lookel very fishing excursion and that he hardly thought it according to the rules. ever, he preferred to err on the safe side. But neither he nor the defense attorneys bad reckoned at all on the witness. She simply, firmly, quite modestly withal, declined to answer the questicn, “But the court will commit you to jail for contempt unless you answer,’”’ said Judge Murphy, and he looked as though he had, of course, said the last word. “I gave my word of honor that I would not tell where the information came from,” said Miss Cunningham. . ‘Her word of honor! Itcould have no bearing upon the court. Judge Murphy assured her so, with his sternest frown. The witness viewed the matter from a different standpoint, as persons sometimes do. Judge Murphy ordered the commit- ment-papers made out. Still the answer did not come. Then. Mr. Deuprey asked that the wit- Tess be given until this morning to think over the matter. Judge Murphy took the suggestion, counseling Miss Cunningham to seek legal advice over night, and be pre- pared to answer the question in the morn- ing. Miss Cunningham says—oddly enough, perhaps—that the County Jail is not as distasteful an alternative for her as the breaking her word of honor to a person who gave her professional information in the belief that her promise of secrecy could be relied upon. Miss Cunningham gives promniise of becoming famous as a woman who can keep a secret. The greater part of the day not devoted to the occurrences already related was taken up by the testimony of medical students who did not answer for Durrant when the roll was called at the conclusion of Dr. Cheney’s lecture, and the introduc- tion, as people’s exhibits, of their notes of the lecture. H. 8. Field, of the firm of Hammersmith & Field, .came to the witness-chair early in the afternoon to tell the court that Blanche Lamont’s chip diamond ring was of a ~ommon variety, and worth §18 a dozen wholesale. He added that they sold retail {or about $3 apiece—which proved that there is, all things considered, quite a neat profitin the business. Student Garvin, whose name appears on the rollcall of Dr. Cheney’s lecture as ab- sent, said that he wasin fact present at the lecture. And this, of course, will be used by the prosecution to try to show the i wuch like a | How- | correctness of the rollcall which has Dur- rant marked as present. Student Ross told of the walk he had with Durrant one afternoon, but whether it was on the 3d of April or not he could not say. Student Carter told of meeting Durrant and Ross that afternoon, but he was no more sure of the date. He gave a clew, however, that may be followed up by the side which it most interests. He said it was the afternoon when Dr. Stillman, the lecturer at the college, was fifteen minutes late. Oliver 8. Goodell, teacher at the School of Mechanical Arts, said that Durrant vis- ited his school just before noon on the 5th of April. Under Mr. Barnes’ questioning, Mr. Goodell also said that he had said he thought Durrant’s real purpose in coming to the school that morning was to see Miss Edna Lucille Turner, who was, however, absent from that session. The trial goes on this morning, with Miss Cunningham as the first witness. e THE MORNING SESSION. nlor Class Say They Did Not Answer for Durrant. ‘When court opened in the morning Judge Murphy announced that he should no | You ma court would not adjourn until the “mat- ter” had been attended to. Judge Murphy absented himself from the courtroom for a few minutes. i sl SECRETARY McCOY FINED. He Must Pay $250 or Go to Jall for Five Days—It Was Sanderson Who Told. ‘When Judge Murphy returned to the courtroom, just at 12 o’clock, he wore his darkest storm scowl. “The case of H.J. McCoy, for contempt, is now in order,”” he said. Judge Sawyer, who appeared as counsel for Mr. McCoy, arose and addressed the court. Judge Sawyer—Pursuant to an order of the court, may it please your Honor, Mr. H. J. Me- Coy i8 present and wishes to make a statement under oath to the court. Please take the witness-chair— The court—Before that is done let us see what the District Attorney has to present. I see that the matter is not in proper shape at | this time. The rule is that the matter must be resented in the shape of an affidavit. We ave had Mr. Truman’s testimony under oath, but I find that the law requires more than that. An affigavit will be presented in regularshape, and if you desire it we can postpone the hear- ing for another day to permit that to be done. {, however, waive the affidavit, or you may wait for it. was not communicated to me by you until Fridng. when I asked you to come to my chambers? Witness—Yes, sir; that is true. Judge Sawyer—How was the remark passed ? Witness—In & very light and jocular vein, just as he would have said, “It is a wet day.” Judge Sawyer—Did the rémark have any in- fuence upon you? 3 Witness—Not the slightest. We changed the conversation at once, and I forgot all about it until it was called to my attention in Judge Murphy’s chambers. Then, when I saw Judge Sanderson there, I recalled the incident, H. J. McCoy was then sworn and became a witness. Judge Sawyer—How long have you lived in this City? Witness—Fifteen years. Judge Sawyer—What has been your occupa- tion during that time? Witness—General Secretary ot the Young Men’s Christian Association. Judge Sawyer—How long have you known L. J. Truman? Witness—For about fifteen years. Judge Sawyer—Did you meet him in & Mar- ket-street car last Thursday at noon? Witness—Yes, sir. Judge Sawyer—Tell what occurred there be- tween you and Mr. Truman. Witness. boarded the car at the footof Ellis street. I found Mr. Truman in the car. He raised his hand to mine as I came in and said, “How are you, old fellow?” I caught hold of his hand and, as I lurched against him with the motion of the car, I made that remark, say- ing, “If you don’t hang him I'll hang you,” or Imay have said “we.” 1 don’t remember ex- | netly. Judge Sawyer—We are not here, your Honor, | to shield ourselves behind any technicalities. Mr. McCoy waives the aflidavitand desires that the case proceed. The court—There is one other thing. The in- _ | formation which the court received if relation | More Medical Students of the Se-| iy 00 did not come from Juror Truman, but from Judge Sanderson, who was in the car at the time and oyerheard the remark made by Mr. McCoy. I deem it my duty £o state this, because Mr. Truman has been the subject of As soon as the words were out I realized that 1 had committed an indiscretion and I | was sorry for speaking so. It was very thought- less in me and I have not ceased to regret it eversince. We got off the cer at Montgomery street and went in to see Mr. Magee. e was not in and I waited. Mr. Truman went on to his place of business. Judge Sawyer—Do you know Mr. Durrant at all? ‘Witness—No, sir; nor have I any feeling some harsh remarks in relation to the matter. | against him personally nor the slightest wish STUDENTS OF THE COOPER MEDICAL COLLEGE ON THE STAND IN THE MORNING. Jonger excinde Mr. Lynch, the pastor’s sec- retary, from the courtroom—an action that the court took yesterday at the instance of the defense. Mr. Lynch had in the mean under subpena as a witness. students, was sworn for the defense. did not answer for Durrant at Dr. Cheney’s lecture. N. M. Nelson, student, was recalled by the people to identify his notes of the lec- ture and leave them with the clerk. At this juncture Mr. Deuprey arose and said that he had intended to subpena both yPastor Gibson and Secretary Lynch yester- day, but as he had notdone so he would ask for a subpena against Mr. Lynch at once, and for his exclusi on from the court- room. He added that Mr. Lynch was a persona non grata, anyway. The court—Let the subpena issue against Mr. Lynch. (ToLynch)—You will have to leave the room now, sir, and remain within call. Mr. Lynch—If your Honor please, I know nothing about the tragedy, having come here since its occurrence. The court—There is no call for you to make any remark, Mr. Lynch. Being under subpena you must leave the courtroom, the same as agy other person. Mr. Lynch went out. ‘W. Sonburnt was the sixtieth student called by the defense. He said he did not answer for Durrant at the rollcall, and that e could not remember who waspres- ent at Dr. Cheney’s lecture. He had taken | no notes. C. _Van Dyke gave the same testi- mony. He had taken notes of the lecture, had those notes with him and left them in court. H. F. Walter's examination was pre- cisely the same. : = W. H. Wentworth’s examination dif- fered only in one respect—that he remem- bered the presence at the lecture of one other student, Mr. Winterberg. W. H. Winterberg's testimony was ex- actly like that of his friend Wentworth’s. ‘W. W. Wymore did not answer for Dur- rant; could remember no one present at the lecture. He left his notes with the clerk, and then answered a couple of fur- ther questions put by Mr. Barnes. “Have you ever talked about the absence of Durrant from the lecture?” “No, sir.” “Did you not state that Durrant wasnot present at the lecture on the day that Blanche amont disappeared?” “No, sir.” 8. Wyth, another student, was absent from the lecture and had no notes of it. C. L. Garvin, C. W. Dodge, F. B. Robin- son, F. B. Gray., F. W. Ross were then | called at the door, but did not answer. [ W. R. Scroggs was recalled. | *Was there any other Scroggs in the sentor | elass in April 1ast?” asked Deuprey. { “No, sir.” | v;'ere the only Scroggs of the class?” s, sir.” The Bailifft—Order! Deuprey—That is all. |, 8. Wyth came back to say that there | had been a member of the senior class | named E. T. Kearney, but that he died sometime after April 3. E. Barny was recalled to mark his notes of the lecture and leave them with the clerk. W. L. Blodgett, the same. R. H. Carter, the same. Miss M. S. Case, the same. F. H. Church, the same. C. V. Cross did not answer to his name. W. H. Crothers brought his notes and left them. W. R. Dorr, the same. C. A. Dukes did not answer, nor did J. J. Gallagher, C. L. Garvin, E. T. Glazier and G. F. Graham. . . Hablutzel came and left his notes. Miss M. A. Fish, the same, ; G. A. B. Hall did not answer, 5 arms brought his notes and left them with the clerk. L. C. hre{ory, the same, C. A. Dukes, the same, Miss E. G. Harrison, the same, Miss C. M, Holmes, the same. J. V. Hughes, the same. John V. Hughes, the same. g‘. R.domfin,;h)e‘uzme‘ ecretary H. J. McCoy, accompanied b Judge Sawyer, entered the room at 'hiz time and woke up the sleepers for a mo- ment. R. Kadoma, left his notes. E. A. Kusel, the same. F. L. Meinhard, the same. iss M. J. Maloney, the same, . J. McNulty, the same. C. Moor, the same. . E. Morrison, the same. J. H. O’Cosinor did not answer. A. C. Olmsted left his notes. Miss L. M. Ricker, the same. M. E. Rumwell, the same. Judge Murphy sent the bailiff after some qnw-boogs bearing upon the court’s powers in the matter of contempt. The names of a few mgqre students were called, but they did not respond. The bailiff was told to gather in all students in the witness-room who had their notes with them. He reported that there were none such to be found. Judge Murphy then said that as Le had “a matter’’ to attend to at 12 o’clock, and that hour was almost at hand, the jury bl S time informed the court that he was not | A. A. Soga, another of the senior class | He | Mr. Truman said nothing about the matter until he was questioned about it by the court. | It was Judge Sanderson, the presiding Judge of he Superior Court, who very properly laid the matter before this court. At this point Judge Sanderson came into court and took a seat beside Judge Murphy. The latter at once asked the presiding Judge to take the witness chair. When Judge Sanderson had been sworn the court said, ‘‘Proceed, Mr. District Attor- ney.” Mr. Barnes—Because of_a personal feeling in the matter, your Honor, I hope the court will not press the request for me to take an active part in the case. A The court—Very well, sir; if there is any delicacy about getting at the truth I will put the question. (To the witness)—You are the presiding Judge of the Superior Court in this City and County? Judge Sanderson—Yes, sir. The court—Were you in car Thursday last? Witness—Yes, sir. The court—Did you see Juror Truman there? Witness—Yes, sir. The court—Tell what occurred in the car, if anything. Witness—I got in the car and saw Mr. Tru- man seated on the opposite side from me. At about the Baldwin Hotel Mr. McCoy got in and saluted Mr. Truman in a friendly manner and then spoke in this Wn{: *Still hammering away al the Durrant trial?” Ido notremem- ber whether Mr. Truman answered. Then Mr. “a McAllister-street t to influence the verdict. The remark was no passed with thatintent. The court—There were quite a number of people in the car? “Yes, sir.” “You knew Mr. Truman wasa juror in this case?” B “You knew of the admonition of the court?” Yes, sir; and after I had made the remark I regretted if exceedingly. It was very foolish in me to speak as I did. Judge Sawyer—May it please your Honor, I do not intend to make a speech nor any lengthy remarks. The oceasion does not warrant it. However, I think that if your Honor will take this matfer under advisement you will con- sider that this remark, which was undoubtedly in contempt of court—there is no doubt about thai—was made in & most unguarded moment by Mr. McCoy. It was a thoughtless and ex- geediugly regretted Temark—one that not only Mr. McCoy but myself also greatly regretted. Itis plainly a contempt of court. We do not seek to deny that and are ready to obey the sentence of the court, whatever that may be. The court—I regret this master exceedingly, and yet if there be any safeguards to be thrown around a jury those safeguards must be kept up and nobody has the right to invade them or break them down. The court has been very careful in its admonition to_the jury because every one on trial is entitled to & fair and im- partial trial. The opinions of others must not be thrust on any juror in any case. To my mind this is & very serious matter for a gentle- men like Mr. McCoy to make such & remark as he admits to have made. The impropriety, McCoy said further: ‘“If you don’thanghim ‘we will hang you.” The court—Are there any 3uemonl you would like to ask, Judge Sawyer? Judge &wyer—v'hln tone of voice was the remark passed in? Witness—It was loud enough for me to hear it. 1sat opposite. would be dismissed until 2 o’clock, though | Judge Sawyer—Do you know whether the gentlemen were previously acquainted? Witness—No; Idon’t know that. Judge Sawyer—How was it said? Witness—Oh, it was said in a social, familiar way. fize court—You came to my chambers the next morning and related the circumstance to me, did you not? Witness—I did. form you. 1 firstasked you whether any juror had reported the occurrence. You replied that no one had done so. Then I told you what had occurred. ]The court—Mr. Truman, take the stand, please. Judge Sawyer—That unnecessary, your Honor. He has made a statement and we do not dispute it, The court—I prefer to have the whole mutter done regularly. Juror Truman then took the witness- chair, and repeated the testimony he gave the other day. It was not materially different from that just given by Judge Sanderson, only that he did not remember the first remark of Mr. McCoy about “ham- mering away on the Durrant case.” The court—Is It a fact that the occurrence 1 thought it my duty to in- | W\ \ \ 3 N S MISS OUNNINGHAM. even the criminality, of the act was so ap- parent that it struck Mr. McCoy the moment after he made it. Nobody, nc matter how humble or powerful he may be, has any right to thrust himself or opinion on & juryman. If such a thing is permitted no person or jury is safe. Solong as Isiion the bench I intend to see that no juror is interfered with. That, I take it, is the duty of the court,and I intend o see that the law in that matter is enforced. Now, I am free to confess that Mr. McCoy did not do this from any sinister motive. I think that it was a thoufihflau and unguarded re- mark; and yet if Mr. McCoy or any one else would only think they would notice the grave. ness of the act. That it was wrong is admitted; that it vergeson a crime is undisputed; but the court cannot glms it over and vermit this contempt, for such it is, to go unpunished. If I thought that Mr. McCoy had a malicious in- tent 1n this I would not hesitate for a moment to send him to jail for the full extent. A fine would not be sufficient. I have serlousl{' thought of this for some time. Certainly I'have no feeling in this mat- ter, but it is & question in my mind whether I should send him to jail. His Honor uop&ed for a moment, leaned back in his chair in deep thought and then resumed : From the testimony offered the court finds the defendant, Henry J. McCoy, is guilty of & contempt in using the language attributed to him, ana in pumshment thereof itis ordered that he be fined %250, and in default thereof he be imprisoned in the County Jail for a term not exceeding five days. Mr. McCoy was somewhat shocked by the severity of the sentence. Judge Saw- yer was also badly startled. He was not prepared to act at once, so he asked that the execution of sentence should be post- poned until next Saturday. Judge Murphy granted the motion and a recess was taken until 2 o’glock. e S g & THE AFTERNOON SESSION. A Plucky Newspaper Woman 'Re- fuses to Disclose the Source of Her Information. In the afternoon H. 8. Field, of the jewelry firm of Hammersmith & Field, was the first witness. Mr. Dickinson showed him the ring of Blanche Lamont that is claimed to have been offered by Durrant to Pawnbroker Oppenheim, and asked him if such rings ‘were in common use in this community. ‘Witnesss replied that they were. ‘‘Are you acquainted with the value of that kind of ring?” “Yes, sir; I have a good idea.” “How much are they worth wholesale?” “About $18 & dozen.” ‘‘How much at retail? “Between $2 50 and $: “Are they made by machinery?”’ “I think by hand.” I am not sure.” Upon cross- examination Mr. Barnes sought to ask witness to compare Blanche’s ring with the ring similar to it and marked among the exhibits for identification, Mr. Deuprey objected and the court sus- tained the objection on the ground that it ‘was not proper cross-examination. “Do you know of any wholesaler who has rings like that in stock now?” asked Mr. Barnes. “I can’t say that I do.” “Have you any such rings in your stock?” “No, sir.” C. L. Garvin, another of the senior-class students, was sworn. He testified that he was present at Dr. Cheney’s lecture and did not answer for Durrant at the rollcall. Upon cross examination Mr. Barnes handed witness the rollcall of the lecture in question, whereon the witness is marked eing absent. Mr. Barnesasked witness if the name C. L. Garvin there was that of the witness. Mr. Deuprey objected, at the same time admitting that the name was the name of this_witness. The court sustained the ob- jection. Then Mr. Barnes asked: “Do you know whether you are marked present or absent at the lecture of that day?” “Not of my own knowledge. I have been told that I am marked absent there.” 4But, s a matter of fact you were present?” e Mr. Deuprey—Were you absent from the clinic on the day preyious? Mr. Barnes—We object to that. concerns only the 3d of April. Deuprey—We offer this to show how the error in the roilbook occurred. The court allowed the question, and wit- ness answered that he had no recollection. B:rnes-—!inve you any way of finding out? ¢No, sir.” “Did you take notes of the lecture?” “Yes, sir; but I destroyed them.” C. W. Dodge, a student, was called. He was absent from Dr. Cheney’s lecture and had secured no notes of it. F. W. Ross was sworn. “Do you remember seeing Durrant at Cooper Medical College between 12 and 1 o’clock at noon on April 3, and wulkmg\vilh him to the corner of Webster and Broadway?” asked Mr. Deuprey. ““I recall the circumstance, but do not re- member the date.” “Was it the first week in April ?” “I1 can’t recall the date at all.” “What direction did you take in your walk with Durrant ?” “We went north along Webster street to Broadway.” ““When you reached Broadway what oc- curred 7" ‘“We sat down for a few moments and looked over the bay.” Mr. Barnes moved to strike out all this testimony because it did not refer to the date in question. _The court held that the defense had a right to offer the proof now and connect it with the date at a subsequent time. “Do you remember meeting anybody else at that time 7’ asked Deuprey. ‘‘We met Mr. Carter on Webster street.” “Do you remember what Mr. Carter said 2" “I do not.” ‘‘What time did you return to the college > “It was about 1:20, I think.” Mr. Barnes—Have you made any written l!atemenr.“lhoul this case ? This inquiry “No, si “Is there any circumstance by which you ean fix the dates of that walk with Durrant ?” “I think there was a lecture by Dr. Stillman on skin diseases that afternoon.” “Have you ever discussed the matter with Dr. Cheney?” “Yes, sir; on two occasions.” “Did you state to Dr. Cheney that on this oc- casion you and Durrant had luncheon together in a Fillmore-street restaurant?’” “Yes, sir.” “You didn’t mention that to-day?" *No, sir.!” “But such is the fact?"” “Yes, sir.’ “Haye you discussed this matter with the defendant?” “I hardly think I discussed it with him. He asked me to recall the date.” “Did he suggest anything by which you might recall the date?"” “No, sir; 1 don’t remember that he did.” “Were you ever at luncheon at the Fillmore- street restaurant before?” “Yes, sir.”’ “*How long have you known Durrant?* “About a year.” Did he, at this time, mention to you that he had an engagement with Blanche Lamont?” “He never mentioned her name to me.” “Did you ever state to anybody that Durrant spoke of the engagexaent to you{” “No sir.” ‘Witness was then asked if he had made such a statement to George Tewell in Sep- tember last, or to Mr. Mansfield in an in- terview at San Jose. He replied that he had not made any such statement. R. H. Carter was sworn, but before Mr. Deuprey could put the first question Mr. Barnes asked the witness if he had not been in the courtroom all the afternoon. e replied that he had. The comrt—Well, that fact may subject the witness to punishment, but it will not bar his testimony. (To witness) Did you not hear the instructions of the court for all witnesses to re- main outside the room? Witness—No, sir; I knew of no such rule, Deuprey—Do you kow K. . Ross? “Yes, sir.” “Did you meet Ross and Durrant on Webster street on the afternoon of April 3?” “I can’t recollect the date. I met them one afternoon.” “What is your best recollection?” “1 met them about that date.” “Which way were they going ?”" “They were goiug north, away from the col- lege, Istopped end told them they had better come back with me. 1 remember that when I f)Ot to the college I found a notice posted that r. Stillman’s lecture would be fifteen minutes late. Then Iregretted that I had not accom- panied them.” Barnes—What was the subject of the lecture? “I can’t recall that. Dr. Stillman was lectur- ing on skin diseases at that time. Idon’t re- n}eimher what lecture it was. Itook no notes of it.” Dr. Gray, the student who made the roll- call at Dr. Cheney’s lecture, was recalled. He said he did not answer for Durrant and that he could recollect no individual student who was present then. Juror Smyth—Did you hear any one answer to the name of Durrant? “I can only answer by the rollcall. I have no recollection.” Deu?rey—l)lfl you hear Austin answer to his name? 2 ““I can only say as 1did before that I am guided solely by the rollbook and have no rec- ollection beyond it.” The court—Have you any personal recollec- tion of any names being answered? “No, sir.” Mr. Barnes—Did you lend your notebook to any students in the class? “I don’t remember; I may have done so.” Witness was then permitted to makea correction in his former testimony con- cerning the rolibook. The correction was to the effect that the rollbook had not gone out of his possession. H. Gums, another student, was called to identify, mark and leave behind him his notes of Dr. Cheney's lecture. Oliver 8. Goodell, a teacher at the School of Mechanical Arts, was sworn. His testimony in the main was that on the 5th of April Durrant called at the school and remained there from 11:15 until 11:45 A. . This was to further show the where- abouts of Durrant between the 4th and 10th of April, when Oppenheim claims to have seen him. On cross-examination Mr. Barnes asked : “Did he state to you his purpose in visiting the school?” “‘He said he came to see the school.” “Did he mention the name of any individual he desired to see?” “No, sir.” ‘Did you have a conversation with T. A. T zgart about this matter?” es, sir; in a store on Eddy street.” ~*Did you state to him that Durrant had been out to the school on that date to see Miss Turner, and that as she was not there then he haa gone away.” Deuprey objected to this, but was over- ruled, and witness answered : “I probably expressed that as my opinion. He told me he came to see the school, but I had reason to believe otherwise.” *‘But did you state that to Mr. Taggart?” “I didn’t state it as a iact; only as my opinion.” “Isitnota fact that vou stated te Mr. Tag- gart that you fixed the date as the 5ih in two ways—because it was the day you exchanged places with another teacher,and that it was the date, as shown on_the rollbook, upon which Miss Turner was absent?” “I probably did.” “You know Miss Edna Lucille Turner?” “Ido; she was & member of the school at that time.” Then came the witness who furnished the sensation of the day, Miss Carrie Cun- ningham by name, a small but comely and very plucky little woman, who was not shaken in her purpose by the very darkest of Judge Murphy’s frowns. She is one of the brightest newspaper women in the City, at present employed on the Chronicle. It was she who discov- ered, from a newspaper standpoint, one of the most important witnesses for the pros- ecution—Mrs, Leak, who testified to seeing Blanche Lamont and the prisoner going into the churen together. Mr. Dickinson showed Miss Cunningham a scrapbook and she identified her ‘‘scoop,” headed: “Saw Blanche Lamont Walk to Her Death.” There was some discussion at first as to the relevancy of her testimony. Judge Murphy read the article and then ruled that she might be examined upon it. “Where did you obtain the information upon which you based that article?” asked Mr. Dick- inson. Mr. Barnes objected and the court ruled that she should first be asked whether she f,:“med any of the information from Mrs. ak. ‘Witness answered that she did not. Then, Mr. Dickinson reiterated his former question. Mr. Barnes objected, saying that no foundation had_been laid in the cross- examination of Mrs. Leak. The record was referred to, and Judge Murphy expressed the opinion that the District Attorney’s position was correct. There was considerable argument on the point then, and finally Judge Murphy said that as he would rather err on the safe side he should permit the question, though it did look very much like a fishing expedition. *‘Where did you obtain the information upon which that article was based?” repeated Mr. Dickinson. “I decline to say.” The court—But I have already ruled that you may answer the question. «I decline to do so,” said the witness, quite calmly and unpretentiously. Dickinson—I must insist upon the question. The court (somewhat astonished and begin- ning to frown)—I shall have to direct you to answer the question. “I have given my word of honor that I would not reveal the source of my information,” said Miss Cunningham, very mildly, but not at all frightened. The court—The court directs you to answer the question, Miss Cunningham, and will com- mit you to jail unless you answer. ‘Witness—I shall not answer. Judge Murphy squared himself around until he faced the witness directly and then admonished her at some length. He told her that her word of honor could not bind the court and that he would surely send her to jall unless she answerea the | question. Still the witness refused. Mr. Dickinson and Mr. Deuprey both arose and were about to speak, but Judge Murphy was thoroughly aroused and would permit no interference. He said: “I will attend to this now, gentlemen. (To the wituess) I shall commit you to jail unless vyou answer the question. Do you still refuse to answer?” “Yes, sir. I cannot answer that.” The court—Very well. Mr. Clerk, make outa ]coxl-nmhmem to the County Jail for this young ady.” The witness remained impassive. Mr. Dickinson and Mr. Deuprey rose again, and the latter asked that more time be permitted the witness. “It is near the hour for adjournment now,” said Mr. Deuprey, *‘and I think the ends of justice will be fully preserved by allowing iss Cunningham to think over the matter until to-morrow morninf." The_court—Well, I will follow that sugges- tion. You are to be here to-morrow morning at 10 o'clock, Miss Cunningham. In the mean- time, I advise you to consult your friends or an attorney and come prepared to answer the question. An adjournment was ther taken until this morning. Many in the courtroom at once crowded around the plucky little woman, commended her course and ad- mired audibly her bravery in adhering stoutly to what she conceived to be her course of duty. THOSEWATER FRONTLOTS, Harbor Commissioner Colnon Has Refused to Sign the Lease. Mrs. Errickson Wants Damages for an Arm Broken at the Ferries. The Harbor Commissioners held a very quiet session yesterday. A woman who was injured two weeks ago while landing from a narrow-gauge ferry steamer pre- sented a claim for damages, with tears in her eyes, but the board insisted upon wait- 1ing for an opinion from its attorney. About a fortnight ago Mrs. Errickson of Alameda was on her way to the theater. She landed from the steamer Bay City and while on her way up the wharf stumbled over some stringers that had been left around by the contractors and broke her right wrist in two places. he applied to the Southern Pacific for redress, but Superintendent Wilder re- ferred her to the glarbor Commissioners. “A nice easy way for the railroad to get outof trouble,” said Commissioner Chad- bourne. “It looks to me as thongh it was shifting its responsibilities to our shoul- ders.” The case went over to next Wednes- ay. The matter of signing the lease of the water-front lots to P. B. Cornwall also went over. President Colnon refused to sign it on the ground that the lots were not properly described. He scored the at- torney who drew up the deed for his inac- curacy, and_wanted to know if the State was paying him $200 a month for makin mistakes. The secretary pointed out thal the deed was drawn in accordance with the advertisement, and when that was found to be true the board decided to find out whether the whole proposition would have to be readvertised before going further. —_——————— OAPTAIN AND MATE TRIED. Officers of the Ship Crofton Hall Dis- obeyed the Wharfinger. An interesting case was heard in Judge Conlan’s court yesterday, involving the right of the chief wharfinger to remove a vessel from one location to another. Captain Raymond Parker of the ship Crofton Hall and his first mate, Robert B. ‘Watts, were charged with a misdemearor in refusing to move the vessel twenty feet from alongside Fremont-street wharf when ordered to do so by J.G. Boobar, chief ‘wharfinger, on September 28. After hearing the evidence for the prose- cution and defense the Judge reserved his decision till to-day, but he intimated that he would convict the defendants. ————— Machinery for Caribou. A large consignment of hydraulic pipe ar- rived from Sacramento by steamer last evening consigned to the Horsefly Gold Mining Com- any, en route to the company’s mines in Car- bou, British Columbia. The last steamer carried away fifty tons of thirty-inch steel pipe and other hydraulic appliances for the same company. MUNYON'S SUCCESS, The Greatest Known in the Annals of Medicine. The Sales of His Remedies Reached a Total of 6768 Bottles in San Francisco Alone Since Mon- day Last, What Better Proof of the Efficacy of These Little Pellets Could Any One Desire Than the Above Statement ? From Monday until Tuesday afternoon 20,087 vials of Munyon’s Rheumatism Cure were given away free to the public, and although but four days have elapsed since the distribution commenced, many have re- goned themselves cured, and hundreds, earing from their friends the wonderfu! results obtained by the use of one small bottle of these remedies, have become .con- vincea of their value and purchased some of the same from their druggists. FIFTY THOUSAND DOLLARS Spent in advertising could not have created such a demand for any medicine. Butthe fact that out of 20,087 trial bottles given away only four persons have reported no benefit received, and 271 cured or greatly relieved, compels the most skeptical to acknowledge the efficacy of Munyon’s new method of treating disease. Remember, this company puts up a cure for every dis- ease just as positive in its action as the Rheumatism Remedy, and sold by all druggists for 25 cents. RHEUMATISM CURED. Munyon’s Rheumatism Cure is guaran- teed to cure rheumatism in any part of the body. Acuteormuscular rheumatism can be cured in from one to five days. Itspeed- ily cures shooting pains, sciatica, lumbago and all rheumatic pains in the back, hips and loins. It seldom fails to give relief after one or two doses, and almost in- variably cures before one bottle has been used. STOMACH AND DYSPEPSIA CURE. Munyon’s Stomach and Dyspepsia Cure cures all forms of indigestion and stomach trouble such as rising of food, distress after eating, shortness of breath and all affections of the heart caused by indi- gestion, wind on the stomach, bad taste, offensive breath, loss of appetite, faintness or weakness of stomach, headache from indigestion, soreness of the stomach, coated tongue, heartburn, shooting pains in the stomach, constipation, dizziness, faintness and lack of energy. Munyon’s Nerve Cure cures’ all the symptoms of nervous exhaustion, such as depressed spirits, failure of memory, rest- less and sleepless nights, pains in the head and dizziness. It cures general debility, stimulates and strengthens_the nerves an tones up the whole body. Price 25 cents. Munyon’s Kidney Cure cures pains in the back, loin or groins from kidney dis- ease, dropsy of the feet and limbs, frequent desire fp pass water, dark colored and turbid urine, sediment in the urine and diabetes. Price 25 cents. CATARRH CURED. Catarrh positively cured. Are you will- ing to spend 50 cents for a cure that posi- tively cures catarch by removing the cause * of the disease? If soask your druggist fora 25-cent bottle of Munyon’s Catarrh Care and a 25-cent bottle of Catarrh Tablets. ‘I'he catarrh cure will eradicate the disease from the system and the tablets will cleanse and heal the afflicted parts and restore them to a natural and healthful condition. Munyon’s Liver Cure corrects headache, biliousness, jaundice, constipation and all’ liver diseases. Munyon’s Cold Cure prevents pneumonia and breaks up a cold in a few hours. Munyon’s Cough Cure stops cough, night sweats, allays soreness and speedily heals the lungs. Munyon’s Female Remedies are a boon to all women. Munyon’s Headache Cure stops head- ache in three minutes. Muxnyon’s Pile Ointment positively cures all forms of piles. Munvon’s Asthma Cure and herbs are guaranteed to relieve asthma in three minutes and cure in fiye days. Price, 50 cents each. Munyon’s Blood Cure eradicates all im- purities from the blood. Munyon’s Vitalizer imparts new life, restores lost powers to weak and debilitated men. Price, $1. Munyon’s Homeopathic Remedy Com- pany, 1505 Arch street, Philadelphia, Pa., puts ‘up specifics;for nearly every disease, mostly for 25 cents a bottle. All communications addressed to Mun« yon’s representative at the Chronicle office will meet with prompt attention. SOLD BY ALL DRUGGISTS. SN0 PERCENTAGE PHARMACY, 953 Market Street. FERRY DRUG CO., @ S 8 Market Street. b= AGENT FOR 4 MUNYON’S & HOMEOPATHIC REMEDIES. LI PO TAI JR. Chinese Tea and fler Sanitorium, No. 727 Washington St, - San Francisco, Cal. =\ Cor, Brenham Place, above the piaze. e Office Hours: 9to 12, 1to4and 5 to7. Sun- day, 9 A. M.to 12 M. e P ES = (—3 = m P [ S Li Po Tal Jr., son of the famous Li Po Tal, has taken his father’s business, and is, after eleven years' study in China, fully prepared to locate and treat all diseases. s BesT Osvanes 8- DEWEY & CO., 200 MaRKET 8T., 8. F., Cab. Wrights Idian Vegetale Pills Are acknowledged by thonsands of personswho ' for over forty vears to cure have used them , Torp! iver, ‘Stomach, Pimples, and purify the blood. Crossman's Specific Mixture With this remedy persons can cure themselves without the least exposure, chauge of diet, or change in application to business. The medicing contains nothing that is of the least injury to the constil Ask your druggist forit. Frice §1 s