The San Francisco Call. Newspaper, October 31, 1895, Page 8

8 THE SAN FRANCISCO CALL, THURSDAY, OCTOBER 31, 1895. MR BARNES DEMANDS JUSTICE FOR DURRANT, The First Day of the Clos- ing Argument for the People. AN ORATORICAL EFFORT. “ Not a Prosecutor, but a Minister of Justice for the State.” “GOD WAS THE ONLY WITNESS.” Everybedy but the Defendant Moved by the Eloquence of the District Attorney. THE DUl T TRIAL IN A MINUTE—MR, EARNES' ORATION Barnes began the to the jury in the Durrant for the murder of 1e Lamont when court opened ye: Distri State’s closing argument trial of Theodore anch il the afternoon ad- journment and will conelude his argument to- day. It is thonght that he will not finish in time to permit the court to deliver its instruc- tions the same day, and the chances are that the jury will not be charged until Friday morning. This last proceeding will, it seems probable, consume almost an ¢ as written now typewritien matte they will be mate read to the j Mr. Barnes’ tire day, for the charge, forty-eight p itis not likely that reduced before they are appreciatively by as large an 1ld be pecked into the room. nt effort, and as a as was delivered yes- ective and interesting as c r as much of t was & most eff gument terday —_— MR. BARNES’ ELOQUENCE. Only Durrant Himself Remains Un- moved by the District Attorney’s Glowing and Scathing Words. It was Mr. Barnes’ day in court— of San Francisco—portly, genial, goox k Mr. Barnes, gifted with a pleasing slec n orator. ¢ made the effort of his 1i than in years eftort won for praise of every man and woman who sat and ned for three hioursand & hali without riness to his earnest, sonorous voice, and glowing, sometimes soaring, sometimes y seathing words. 1t was by no means a gallery speech—nor was it a matie It was as rich in illustr tinted d wel e. cs is & heavyweight—that was the f the lawyers who heard him yester- y mind he Was more than this, to! To the 1 sa good effort, why not crit Mr. Barnes' speech, then, was mixed good. There were weak rong. At times it rose wing the pot: »n of true eloguence. | gy, into repeti- tax, showing that > the ri and at Mr, | tialities, eve: e he said, “It don’t stand to reason,” and once he said, “Chaff thrown out to try ana e juror’—and he spoke for three ours and a half, using good English, with ese exc s, and often commanding sen- tences and plirases that were not only musical to the ear but flattering to the understanding. Somuch for how he said it. As to what he said—well, that is a part of the same story. | He began with a statement of the case at issue. This bore evidence of careful preparation. It was pitched to & high key, but was admirably sustained throughont, and it left behind it the memory of nota single trite or commonplace | sentence. It combined a vivid and graphic picture, couched in chaste, well-chosen words, of the black crime in the beliry, with a power- ful scathing of the monster whose cruel fingers crushed out the life spark of the innocent maid. Then he turned to the black-robed wire form upon which are draped the garments of the murdered girl. “I fill again that slender robe with her girlish form,” he said. “Above it I see her sweet face, haloed by its wealth of hair, her gentle eyes, her smiling mouth dropping kindly words, bubbling up from the unpolluted depths of & pure heart. I have seen her as she was when the defendant addressed her at the door of the Normal School. I have so seen her every day; I see her now. There she stands behind him at this hour; not praying for venge- ance for her deep and remediless wrongs, not for the law’s retribution upon her mur- derer, but with uplifted hands and streaming eyes, praying that God will not put it into your hearts, by the mockery of a verdict of not guilty, to set free this monster to prey upon other gentle souls, pollute with vile hands the unsunned snow of other children, and defy anew that God of justice whose ministers you are.” There was no forced or labored pathos in this picture, and the power of it moved the great andience as effectively as the most im- passioned outburst of Mr, Deuprey. Durrant looked around to his mother and smiled and exchanged whispers. 1in analyzing the evidence Mr. Barnes was as much at home as in his flights of rhetoric and eloquence. He took up each fact proven in chronological order and dissected it thor- oughly. This morning he will continue his argu- ment, taking up the thread of his story at the corner of Market and Powell streets, where Miss Edwards, when she alighted from the car, still saw Durrant and Blanche seated on the dummy. Itis not likely that he will conclude in time to permit the court’s charge to the jury before the afternoon adjournment. ———— MR. BARNES’ ORATION. The District Attorney’s Brilliant Effort Holds the Attention of the Court All Day. Mr. Barnes came into court in the morn- ing with four large paperboxes in his arms, devices with which he intends to elucidate his argument against the proba- bility of Durrant’s having inhaled as much gas as he said Ledid and yet live to tell the tale. The District Attorney began speaking as soon as court convened, but when the aft- ernoon adjournment was reached he had not yet come to the point where he intends to use these blg paperboxes. He said: May it please the court and you, gentlemen of the jury: The individual who perpetrated the hideous murder with which the defendant stands charged, and which has harrowed the soul and frozen the blood ot this community, is no ordi- nary eriminal, and his crime in every aspect in which it may be considered is without a parallel. It was notcommitted under a blind and furious impulse to revenge some real or fancied wrong to his persou,fis property or his character, nor from motives of gain, nor in | | either living, or dying, or dead, she was take I the commission of robbery, nor yet under the hot spur of jealousy, that hiell of the injured lover. He tortured her with the 3 lingering process of strangulation. 1t was in everysense & cold-blooded, viclous murder. It was without the slightest brovoca- tion or apparent excuse or palliation.” The as- for his vietim an innocent and helpless maiden, in yearsalmosta child, almost & stranger in our city, a simple schoolgirl residing with a relative, and engaged ruggle 1o obtain an education as a teacher in_the Normal School. She wes un- developed in mind, pure in life and thought, of simple and unsuspec ature, and presenting in body mon: the quaii- ties whi are supposed to aiouse the evil passions of the seducer and the libertine, For the scene of his dreadful assault the murderer selected an_evangelical church, dedicated to the worship of God, & temple iere the doctrines and lite of Jesus Christ were taught and illustrated in assembly, in midweek prayer-meeting social gathering. He took the life of his victim, not with the savage mercy of the quick pistol orthe silent knife, but he tortured her with the lingering pro el fingers deep into the tender flesh of roat, and so fiercely did he do his devil’s work that the stigmata of his crime remained until the discovery of her corpse, clearly discernible as the cause of death, not only by the expert surgical exeminer, but by the most unlearned obser Sin that might make hell itself tremble. What other, if any, wrong was done her be- | fore her soul exhaled and went to heaven wo do mot know. The advancement of natural aecomposition baflled investigation and made knowledge impossible; but we know that him up thie steep staiss of the stecple of ry of the church, where he supported the body with blocks of wood and left it there Poo 10 rot in nakedness and wither in the cool | western wind that swept through theloity spire. He hid the remains where he believed tk would remain undiscovered and have no prom 1an burial. Here, t0o, the mo very instinct of human decency abandoned even the shadow of ell customary respect for the dead, with an incredivle gros ness that could beborn only of the soul de based by sexual per ed from the delicate form all rending it in his guilty haste untii it seemed’ to have been torn by the merciless claws of a wild beast, and dand hid each article in the raiters and asif he reveled and re- ot of the joiced 1o pollute ev Emmanuel Church with the spoils rible sin—sin blacker than night had ¢ re shrouded—sin that might make lell itself tremble and deprive its chief deni en of the grim and ghastly honors of his perdit. n. No_human eye witnessed the awfulcrime in the belfry. There he left her. She was dead, but he fan- cied himself safe from detection aud exposur: The heaven-pointing spire of the Redecn church was his only confidant and accompli No human eye had witnessed_his assault upon poor little Blanche Lamont. No ear had heard her first shriek of terror and amazement as this monster fell upon her, or the last stifled moan of dying agony that preceded the awful silence of her final rest. Neither man nor woman had, with horror-stricken gaze, fol- lowed the miurderer as he climbed the sscent of the steeple statrs with his ghastly burden, or stood by as he bared itswhiteness to the br of the upper air. None, save the God whom he feared not, had seen him as he extended the naked and slender form on the belfry floor, laid the thin arms across the undeveloped bo- propped the head and straightened the meager body in the dust. Not o human being hed oeheld his retreat from the awiul presence of the death which was his work, and the se- cret was safely locked in hisown breast. There lay the speechless and untestifying corpse, and what was it now to give him fear? For a time the wrath of God seemed (0 slumber. It had been nothing but & girl, aiter all, and concerning her there would be the same old ory to which he could help togive currency— he “same old story of a vanished girl, a di tracted family, an ineffective_and perfunctor; search among the hou tante of Ev neve cial, < nciusion that this little one, like others daughfers, had gone to_her moral de- tion; a picture turned to the wal r spoken, and oblivion, personal’and so- for poor, lost Blanche Lamont. And he vas right for the moment. The wrath of the God whose law he had violated and whose temple he had defiled seemed to slumber. The murderer went his guilty way with his undivulged crime, while his vietim rotted in the spire that pointed its slender fin y as if reproaching its ruler for Hi . ing indignation. Gentlemen, who was th imperturbed and conscienceless criminal? To this question there can be, under the providen- tial light now blazing upon him, butone an- swer, and that you will return by your verdict. Many silent witnesses have given testimony. Llanche Lamont disappeared after the close of her school hours, on Wednesday, April 3, 1895. Eleven days later, on Easter Sunday, her body was discovered in the beliry of the Emmanuel Baptist Church, on Bartleit street, and bearingtupon it unmistakeble evidence, Amounting 1o proof, that she died by unlawiul violence. She had attended on the 3d of April the Normal School, as & pupil. She left it at about 3 o’clock in the affernoon, to return to | the house of her aunt, Mrs. Charles G. Noble, | ) Twenly-first streci. She had in her pos’ Session some text and manuscript books, held together by a strap, the usual pafaphernalia of a schoolgirl. She never reached home. After the body was found, a_careful search in and through the steeple and upper parts of the church brought to lightall her clothing and all her books. She had, therefore, proceeded by some route, more or less direct, to the church. Of this, independent of the test mony of any living witness, there can be no doubt. Won his way to the confidence of the living girl. Whoever the person was who induced her to do this, he was of necessityone who had means of access to the building at unususl hour He was provided with keys, or a key, by which its doors, usually closed and locked during the week, could be opened. He was, thereiore, one in authority; one who occupied some position of duty and Christian responsibility in the congregation. He was, therefore, one who could visit the sacred edifice at any hour, however unusual, without exciting suspicion of his motives or conduct; perhaps without neighborhood observation or comment, even if observed. He was one who by reason of his position, executive and Christian, could win, and who had won his way to the confi- dence of the living girl; one who had come to know her well; who had paid her such atten- tion as appealed to her girlish pride and vanity; one who had visited her at her home, escorted her to or from_the meetings, religions or social, of the society, with the apprubation of her aunt, and who understood just what in- ducements could be successfully held out to her toenter alone with him on a weekday, | when no services were held, the building where both attended on the Sabbath with the worshiping congregation. Tt required a man of an utterly abnormal nature. He bad learned to know, asno other man could know, just how to overcome the pru- dence tustisieiive {n well-orought-up girls of her age; how to beat down her maidenly re- serve and turn her aside from the direet home- ward path she customarily fotlowed, and con. duct her alone to the church. He was also one who knew the hours of the day when the building would probably be deserted by others ossessing, like himself, the means of obtain- ng access to the interior departments, audi- torium, Sabbath-school, library and the like for legilimate purposes.” And such an hour he selected. Without such selection he was liable to be interrupted, detected and exposed. It needed precisely such an acquaintance with Blanche Lamont and precisely such knowledge of the habits of others to safely lure = girl there at the hour she went. No other man could have done it, and no other man did it. To accomplish what this monster did required a man of an utterly abnormel nature, of extr ordinary strength of will and abeolute density of moral sense—one of those whom moral philosophy designates as moral idiots, creai- ures of keen perceptions, shrewd in devising, intelligent in execution, with mental faculties even above the average, yet wholly unable to aistinguish sin from holiness, virtue from vice, creatures without the cag‘ac ty for remorse or seli-condemnation after the commission of the most revolting crime, sleeping after the perpe- tration of & murder, éven such as this you are considering, with the peace of a child wearied with play. The dangling rope of the gallows that yearned. How else shall we characterize the wretched being who could lure to such & place an inno- cent girl, murder her by strangulation, deposit Ber body in such a tomb, strip it as & cadaver ready for surgical dissection, secrete her cloth- ing and her books, rob her of the few small ornaments she wore, and, with_the dreadful image of such a crime ever before him, with the fainting cries of a strangling chiid sound- ing in Lis ears, with the horrible sensation of the frafl body 'writhing in_the sinewy clutch of his bony” fingers ever thrilling his hands, and the recollection of the corpse silent and motionless before him and clinging to himlike his shadow—who could yet go forth among his fellow men and women, attend God’s worship in the spot of his dreadful viola- tion of human and divine law, sit in the hum- ble service of the prayer-meeting, and wait on little chiidren in the Sabbath-school, remain- ing inand through all service and sacred song s of ill repute, a reluc- | | | ATTORNEY W. S. BARNES DEMANDS JUSTICE FOR DURRANT. “ This is not a prosecution, but a judicial investigation. Tam not a prosecutor, but a minister of jus- | | | DISTRICT | i | | tice for the State.” [Sketched in court yesterday by @ “Call” artist.] callous and unmeved, stolid and deaf to the | but the aoor would not give, and it became | not tell what thoughts were passing in his | cries of conseience, and bheedless of the per. sonal danger to himselfi—every hour becoming more and more imminent and threatening to weave some thread of discovery into the dang- ling Tope of the gallows that yearned to bear him as its fruit! Clathe his villainy with the mask of a pretended trust in Jehovah. Gentlemen, such a man is of such rare quality | that if confronted at last with the proofs of his crime, whose recital has shocked all civiliza- ion, he could and he wouid, as he has done, gly smile in the awful presence of the bis victim, torn by his hands from her and exhibit neither passion stiffenin v nor emotion, neither sympathy nor regret for | the unfortunate child e had brought to a pre- { mature grave. Such a man could well lie in | jail awaising nis trial for murder and clothe | his vilaliny with the mask of pretended trust | in the Jehovah whom he had defied and play the saint with verses and phrases stolen from Holy Writ. He could listen with grim | complacency ~ while his counsel strug- {egled to weave a web of suspicion and accusation around one whom he knew to be innocent, and from the eginning to the end of his trial for the highest crime | known to the law remain the same nerveless, | impassible “villain, villain—smiling, damned | villain, Tam well'aware, gentiemen, that in a case of this character, equally with that where crimes less atrocious’ are laid to the charge of | any creature, the case of the people must rest | upon its strength and not upon the weakness or the failure of counsel to prove that which | he most confidently promised to establish. 1 | have not tke time, nor should you possess the | puience to wait on me while I compar the old and confident utterances of alleged facts exculvatory of his client, into which zeal has detrayed the advocates fof the defendant, with the wretched and total failure of proof. Do not set this monster free to prey upon other children. 1f such comparison is obvious you can make it for yourselves. I must observe, however, | that I listened to the opening statement for the defense with an absorbing_interest. I was dis- appointed in but little. What I heard I ex- | pected to hear, save one thought which filled me with amazement and pain. The learned ounsel who opened the case of the defendant inyoked the spirit of Blanche Lamont end yolead her thought by saying, “Let him go | free; he harmed me not.” Gentlemen, like | the counsel, T have felt her presence during all the long and tedious days of this important | trial, Thave scen her,as shewas on the 54 day of April last, as she left her school and | her classes, with her little burden of books and paper. 1fill again that slender robe with her girlish form. Above it I see her sweet face, haloed by its wealth of hair, her gentle eyes, her smiling mouth dropping kindly words, bubbling up from the unpolluted depths of & pure heart. I have seen her as she was when the defendant addressed her at the door of the Normal School. I have so seen her every day; | Isce her now. There she stands, behind him, | at this hour; not praying for vengeance for her | deep and remediiess wrongs, not for the law's retribution upon her murderer; but with up- lifted hands and streaming eyes, praying that God will not put it into your hearts, by the mockery of a verdict of not guilty, to set iree this monster to Erey upon other gentle souls, pollute with vile hands the unsunned snow of other children, and defy anew that God of jus- tice whose ministers you are. The questions that had to be solved by the law. This case began, gentlemen, on the 22d of July. It is now the 30th day of October. On the'3d of September the actual trial of the case began, and on the 4th of September the first witness, Mr. Russell, was called to the stand. | Bince that time there have been 205 witnesses examined. Of these, sixty-eight were called for the people and 137 for the defendant. Of these 137, seventy-two were students at the | Coover Medical College, and ten or twelve i were witnesses as to good character. At the very inception of this case certain probleras were presented to the law officers which they {ud" to solve. These propositions are as fol- 0ws: First—Was there & dead body found in_the Emmanuel Baptist Church on "April 14, 18957 Second—If so, whose was this body? Third—Did death result from natural causes or from violence? Fourth—1f from violence, was it accident, suicide or murder? Fifth—If it was murder, when and how was it done, and who did it? These propositions it was necessary for us to investigate and answer as best we could, The midnight search of the Emmanuel Church. These same propositions, now that the in- vestigation is concluded, are presented to this | jury for its decision. Was there a body found in the Emmanuel Baptist Church? The evi- dence shows that on the great holyday of Easter, the anniversary of the Christian year, a circumstance took place which led to the search of the Emmanuel Church. It was in the dark that precedes the dawn, between midnight of Saturday and daylight of Sunday, that the police searching Jarty first passed into the church. By the light of a single candle they passed through the vestibule, the library, janitor's room and the gflsmr’sltudy. Nothing there. Through the church they passed up to the gallery and the door of theé beliry, but it was closed. The knobs were broken off, the key they had would notopen it. There they consulted at the belfry-door. It was quitea different_place to those where they were ac- customed 10 100k for the evidence of crime—in the saloon, in the stable, in the private house, in the various places where man commits crime—but this was different. The body lying in the dim light looked ltke marbic, oA The door was locked, end they did not want to break it open. After a consultation they went down to_the auditorium, ont of the door and away. Bear in mind, gentlemen, that when this man committed this crime and passed down the stairs he considered himself eafe. No human ear heard the first shriek of terror and amazement as the monster fell upon her, nor the stifling moan of dying agony that preceded the awful stillness of her final” rest. ~ There she reposed until the next morning about hali-past 9 or 10 o'clock, when ~Detective Gibson and another officer entered the church. He had his key and they passed again into the gallery, to the door of ‘the beliry. They tried their keys, manifest that something would have to be done. They forced the door. Officers Gibson and Riehl ascended to the first platform of the | beliry. They ascended the steps. Nothing was discovered upon the platform and nothiug upon the stairs. They went up,and as they reached & point on the stairway three or four steps below the top platiorm, the position | where Gibson’s face was above the top plat- form, and where his eyes had & view of what was there, he saw at the head of the stairs, | lying 1n the dust, s human body, looking, in the dim light, like marble. As to the footprints on the stairs of the belfry. Gibson went to_notify his sunerior and sta- tioned Officer Riehl at the door to keep people out. No one passed into fhe belfry except Riehl himself, who went to look at the floor of the belfry to get a glimpse of the body. Mr. Riehl said in his testimony that on the first two or three steps of the platform were per- ceptible footsteps. 1 ask you to take into con- Sideration this Tact, the condition of the floor of the beifry as you saw it yourself, the con- dition of the stairs, the character of the light, the excitement that was natural to these two men on finding this long-lost bod: There has been talk of a trail that was left on the plat- form, but nobody has testified in regard to this except Officer Riehl. This, then, isthe answer to the first proposition, that on the 14th of April, 1895, a body was founa in the Emmanuel Baptist Church” on Bartlett street. That being the case, whose was the body? Gibson saw on the throat the marks of cruel fingers, and he knew that this was the girl for whom he sought. Andsohe sent for Mr. Noble, for he knew that Blanche Lamont was bisnidee. o . e body was fui Tendtich sy B Ko, Mr. Noble came to the churcn. He looked at the body and said: “That is my niece, Blanche Lamont.” Then they took the body, laid it in a tablecioth and they carried it down to the gallery. Again Mr. Noble asked to 1ook at the corpse and again he said: “That is my niece, Blanche Lamont.” Then, after the body of the poor g1l was taken to tiie Morgue, everybody knew that the long lost girl had been found murdered. Gentlemen, that night in theaters, clubs, churches and homes in this great City, all knew that & body of a poor young girl ha been jound in Emmanuel Church. And all knew that this body was the body of Blanche Lamont. That, gentlemen, is my answer to the second question. Our third and fourth | propositions are joined together by the man- ner in which we ‘are pursuing this investiga- tion. Dr. Barrett says the body presented the phenomena of one that had been lifeless from ten to fourteen days. The presence of strong, bony, clutching, merciless hands. The doctor saw the incision of the finger- nails, seven on one side and five on the other. He saw that the larynx d_trachea had been compressed. The lungs and brain were con- gested, all symptoms, plain_and manifest, of death by asphvxiation. What caused the asphyxiation? Iliuminating gas? Nol Be- cause the Dnd{ would have been red. What, then, caused {t? Pressure from the outside that contracted the great tubes and prevented any air from getting in—the pressure of strong, bony, clutching, merciless hands. Therefore, genilemen, it is manitest from the examina- tion of the surgeon and from his testimony that death resulted from asphyxiation, that it was cansed by strangulation, thatstrangula- tion was caused by some one. It was the vio- lence of another person, and that being so 1t was a case of murder, She was strangled to death! Somebody did it! It was plain, manifest murder—the kind of murder ‘that the British Government has spent over £10,000,000 trying to root out in India — assassination. We have established that a bndg was found in the Emmanuel Bap- tist Church, that the body was that of Blanche Lamont and that she was strangled to death. Somebody did it. It was not accident. It was not suicide. We are now brought to the main fact in this case which we have been trying for three months. Who was this murderer, and when did he murder the girl? Gentlemen, we know that at the time of her death Blanche Lamont was between 20 and 21 years of age. She was resident in San Francisco only about six months before her death. Bhe was, the evi- dence shows, & good, home-keeping, religious, quiet girl. In September, 1894, the deiendant became acquainted with Blanche Lamont. He ‘was, after that, much in her company. He tickled the vanity of a simple, innocent girl. She seemed in some mysterious way to have become attracied toward this man. Attracted is perhaps a strong word, but it appears that it wasso. She met this defendant, and he visited at her home. Once they took a journey to Golden Gate Park. They were out on that acension several hours, and Durrant apologized to Mrs. Noble on their return home. Mrs. Noble said it was all right; she knew the de- fendant, liked him, the smooth, oily scoundrel that won his way to a girl's heart. If she per- mitted him to_take Blanche to the park, why not to church? 8he could not know what he was. She could not see the snake that was lurking in this pewter invitation of & tin-pot dandy. He was at the church clothed in authority. He was an usher of the chureh, gnrbed in solemn black, the hero of strawberry estivals, of chicken dinners and so forth, He held just the position that a cheap beau like him would-hold in a mission church. He was religious, held a good character, and so was thought a pretty good fellow. Justthe man to élicrll.:le the vride or vanity of a simple, innocent She went there because Theodore Durrant went there. Why did Blanche Lamont attend Emmanuel Church? Did she prefer that church to the one she first attended, the Grace Methodist? o. Did she prefer Dr. Gibson’s sermons to auy other? By no means. Butshe went there Dbecause Theodore Durrant went there, because he was superintendent of the Sunday-school and she wanted to meet him_there. She liked him, and he liked her; that's the plain, hard comman-sense. And they knew one snother pretty well, had no doubt discussed eachrother’s prospects; and opened out, doubiless, an surcra realis before them that had nocloud. He knew she was a good girl; she thought he Was & good man. She did not know to what depths of degradation he could sink; she could i | debased mind. At this point the noon recess was taken. In the afternoon Mr. Barnes continued his argument. Durrant says he met Blanche Lamont by accident. Gentlemen, during the morning session I en- deavored to impress upon you my belief of what constituted the duty of & jurorin a case of this character. I asked you to consider what manner of man this is, and whether the kind of man who went upon thestand and with a certain small cunning bandied words with the cross-examiner, whether such a man, 1 say, as that could or would forego any oppor- tunity that might come into his way for influ- encing any human creature for evil or for good. Turn back with me now to the 3d of April. It was in the morning, at about a quarter past 8, you will remember, that this defendant came to the corner of Twenty-first and Mission streets, that there he saw Blanche Lamont coming from the opposite direction to take the Mission-street electric car. In considering his presence at this spot, remember that he was there, as he says, to see George King aboit fix- ing the gasburner, that he met Blanche Lamont by accident. | He went half a méle out of his wayto meet her. This derendaut was in the habit of leavin; his house early to go to the Cooper Medica! College. Bear in mind that within half a block of his house he was near an electric car, which would have taken him nearer his_desti- nation, and yet he went eight or nine blocks out of his way. Gentlemen, do you believe this story of an accidental meeting with Blanche Lamont? Is it not a proper thing for us to deduce from what we know that he went down there to the corner of Twenty-first and Mission streets only for the purpose of meetin; this girl? Instead of going to Twenty-fifth an Guerrero he walked seven or eight blocks out of his way, nearly half a mile, down to the cor- ner of Twenty-first and Mission, at a time when he knew this girl would be taking the car, and there he waited for her just as he waited for her later in the day. He went with this girl down to the electric car, to Ninth and Mission streets, took the Larkin-street transfer to the Sutter-street road and sat on_the car in the position he described himself. You wili remember how he cross-examined Schalmount s to the most minute particulars of that trip. He was troudled by a ghost that would not down. Everything he could possibly remember was dragged out of bim. General Dickinson says, “Why, thereis no contentiom of the fact that defendant was on that car in the morning.” Gentlemen, what was the reason the defendant did not deny that he was on the Larkin-street car with Bianche Lamont on the morning of April3? ‘Why did not he deny it as he denfes itin the case of Mre. Vogel and all the other witnesses? Gentlemen, I will tell you why. It was because there was’ a ghost that would not down. Because, like all criminals, before he Fot tarough with his erime, before’ the heavy and of the law waslaid ori the shoulder, he had to follow historical parallels since the time of Cain and Abel. He had to say something and see whether he was suspected of the mur- der of this girl. The human heart is not made locontain a guilty inhabitent like this. The man has got to talk. His breast will not hold it, and that is what happened in this case. Why Durrant confessed to the morning ride on the car. There was Schlaggerty, tne friend and asso- ciate of this defendant, and three or four days after the 3d of April, after the disappearance of Blanche Lamont, while she was resting up there in the beliry, all the time knowing where the girl was, he said to Schlaggerty: “Did you see me on 'the car With & gisl the other day? Well, that was Blanche Lamont, the girl who dfsappeared.” Gentlemen, he had to say it. He wanted to speak to Schlag. gerty to see what he thought of it, and so he did 50, and from his own lips came the confes- sion that he was on the car ut that time, 1t Was a confession from the lips of this man who proved so stolid and unemotional, yet out of whose own lips was laid the basis of this charge. If three schoolgiris had seen him on the car, if an aged and respectable lady who had known him four years had seen him on the car, If another 1ady who had known him had seen him on the car, or if an attorney-at- had seen him on the car, what answer would we have had? “I never was with Blanche Lamont at all on that day.” That is the answer we would have had but for this ghost. TWhy Mrs. Vogel could identify the defendant. In the afternoon he could not wait to meet the girl by accident, as he ugfl he did in the morning.” He wenf to the school and waited, and by the most fortunate of all circumstances —the most_fortunate thing for justice and the most unfortunate thing for this defendant— upon the opposite side of Powell street to the Normal School sat Mrs. Vogel. 1 do not pro- pose to discuss Mrs. Vogel's testimony except in thelight in which the gentlemen for the defense have regarded this testimony. It has been said that she never had seen him before. I think that Mrs. Vogel gives the best possible explanation of why she watched this man. She is nervous and excitable. Now, it was that very excitability that led her to regard this deféndant as she did. She was in charge of some money—about £300. Part of it be- lonfed to someboay else, and she was respon- sible for its custody. She knew that she had this money in the house and that there had been a burglary committed in the neighbor- hood. She became suspicious of the defendant. They were seen to get on the dummy of a Powell-street car. To use her own expression “he waited too long.” She thought there wasanother burglary going to be committed in that neighborhood _-nd“?uz her eye on that young man. Not sat- istied with loolinfn:l. him, she uced her opera- glasses, They cleim a failure of identification. ow i'such a thing possible when the opera- glasses were placed to the eges that & mistake could be made? I submit that it 1s against hu- man experience. 1 submit that she was not mistaken, and that the defendant was there, wandering around up and down, watching and lingering for this Eirl. She taw bim s ere, aiting on the sidewalk. She saw two youn, girls come down from the Normal School an. saw this defendant address those imn, raise | his hat and get upon the dummy with Blanche Lamont; she saw Miss Minnie Belle Edwards et inside the car and Blanche Lamontand Theodore Durrant get on the dummy outside. Then the Powell-street car left the sight of Mrs. Vogel. Gentlemen, this evidence is above the value of circumstantial evidence. What interest could Miss Ed~ wards have to swear falsely ! The District Attorney cited as showing the value of circumstantial evidence the opinion of Jjustice Shaw in the Webster- Parkman murder, where the verdict of guilty was brought about by the finding of a false palate. Mrs. Vogel saw him on the car. Did anybody else? Yes. Mrs. Vogel herself might have been mistaken. Was anybody with Blanche Lamont at the corner of Powell and Clay streets? Her companions speak, and one of them comes here and tells you all about it. Minnie Belle Edwards, her friend and her as- sociate, came out of the Normal School with Ler, walked down to the corner of Clay and Powell streets, and there, Miss Edwards says, a young man came up and addressed Blanche, Don't you think the girl would recognize a ung man who comes up and speaks to her d ? Gentlemen, what motive has Minnie Edwards in secking to swear away the of this man—this defendant ? What con- srimcy could be entered into by this girl and Mrs. Vogel, neither of whom had seen the other before? Gentlemen, it is impossible that any such conspiracy could have been entered into. The positive testimony of Mrs. Dugan and Miss Lanigan. Now, while you might possibly believe that Mrs. Vogel might be mistaken, or that Minnie Belle Edwards might be mistaken, when you put them both together, each one with good and distinct motives for watching him, there could be no mistake. They saw him at the same time and place, doing the same thing, and each for a separate reason and a good reason watched him. The Powell-street car moved on, bearing Blanche Lamont and Dur- rant on the dummy and Minnie Belle Edwards on the inside. When the car got np to Califor- nia and Powell streets there were two other young ladies whose names have been associated with the interests of justice. Alice Pleasant and Miss May Lanigan arrived at California and Powell streets on the way to Poststreet,and when they got to a place between the California-street car track and the curbstone they were overtaken by the Powell- sireet car. They saw the new girl and her beau on the car. There these young ladies saw Blanche La- mont and this defendant in the same positions in which they were seen by Mrs. Vogel and Miss Edwards. “There is the new girl,” said Miss Lanigan. “Yes,” said Miss Pleasant. What motive could Miss Lanigan or Miss Pleas- ant have for saying that this defendant was on the car if he were not? What deep, black and damning motive could induce two inno- cent girls to swear away the life of thisde- fendant if he were not the man who was sit- ting on the dummy of thatcar? You might say that these people were mistaken individ- ually; but how about when all four witnesses weré present? Justice relies upon these facts. The State relies upon chem and this jury must rely upon them. If this defendant was at the corner of Clay and Powell streets and was seen by Mrs. Vogel and Miss Lanigan and Miss Pleasant, he was not at the college supporting himself with that rotten rollcall there, which, by the way, we will let tae sunlight shine through, when we come to it, as we would & sieve. They may not have gone at nee to the church. ar comes and gets down to Mar- dy, where the turntable is. When ards got out to godown Market street, she saw these people again on the dummy She says it was this defendant who was there. Is Miss Edwards going to be twice mistak Now about the time required to get from and Powell streets to the Emmanuel Baptist Church. Counsel says that about 35 minutes was ample time. Granied. The State does not say that these two got out of the Powell- street car, took the first car and went imme- diately 16 the chureh, but we show you to & mathematical certainty, beyond ell reasonable doubt, that about 3 o’clock in the afternoon this defendant boarded the Powell-street car at Clay and Powell streets and was seen there by Mrs. Vogel and Miss Edwards. Durrant and Blanche Lamont at Market and Powell streets. They rode thus with Blanche Lamont to the terminus at the Baldwin Hotel, where he was again seen by Miss Edwards, and there we do not know where they went or what they did, until Mrs. Crosett saw them on the Valencia- street car. Next time down to the Baldwin cast an eye on it, First there is Joy’s drugstore, then Schreiber’s candy-store. Who is to say that these young people, the superin- tendent of the Sunday-school_and Blanche La- mont, did not stop at one of these places foran icecream sodaor a bag of chocolatese But thisis oneof the inierences that you must make. We know where they were ata_certain time and at a subsequent time, but between these times we do not endeavor to trace them., ‘We lose this couple at the Baldwin Hotel and find them ahout 3:30 o’clock on_the Valencia- street car, If they had done as we have said, they would have arrived at the intersection of Haight and Market streets at about the time that Mrs. Crosett saw them. At this point court adjourned until this morning. THE ALIBI STORIES. Newton Roberts and Lamont Throw Doubt on Smythe’s State- ment. In THE CaALL of yesterday was published the substance of some information given by Miss Mae Richardson, daughter of Mrs. Mary Richardson of Oakland, which, it ‘was thought, might furnish a slight clew to the identity of the author of the Rich- ard Smythe statement. The Oakland dispatch said that Miss Richardson recollected a Mrs. Roberts liv- ing near Elmhurst who had been superin- tendent of a Band of Hope in Philadel- phia, and she added that Mrs. Roberts’ husband had been working on a ranch near Haywards. The use of the name “Richard” by Smythe had been considered significant, and because of Mrs. Richardson’s Band of Hope work he had used the name of that lady very prominently in his statement. And in that statenient, by which an alibi was to be proved for Durrant in the La- mont case, Smythe gave his residence dur- ing March and April as ‘‘about one mile from Haywards,” with the mysterious in- formation in parenthesis that the *partic- ular house and place” were “to be desig- nated hereafter.” THE CALL secured an interview with Mr. Roberts himself yesterday, which tells its own story in the following: OAKLAND, Oct. 30.—Newton H. Roberts, ‘who was referred to by Miss Mae Richardson in her interyiew in yesterday’s CaLL, resides on Orchard avenue, about half a mile off the San Leandro road, near Elmhurst. He was Erently surprised that he or his wife should ave been in any way connected with the Dur- rant case. “Blanche Lamont has never been in our house,” said he last night, “and as far as we are concerned the name was never heard until wesaw it in the papers that such a girl was missing from her home in San Francisco. We have resided here for about a year and came here from Haywards. Ihave worked about the vicinity all summer and have never been out of the county. My wife was a former Philadel- phian and had a Band of Hope there. “‘She has one here and does much such work. It was in this way she met Miss Mae E. Richardson about nine months ago. I do not see how any one could have referred to her in this matter. Bhe read Smythe's alleged testi- mony, but never for one moment did she dream the woman referred to was meant to represent her. Butlsee rln(nly how it might mean her, although if it did there wasno foundation for it. “There was a mau named Robertson, who lived near Haywards and worked abont on the ranches. He left his wife about six months ago, I believe. They were quite intimate with my wife, and knew of her being a superintend- ent of the Band of Hope in Philadelphia. My wife had her join the band here, and tried to secure him, as he was in the habit of drinking. _Smythe in his statement had had con- siderable to say about his wife knowing Blartmhe Lamont in Rockford, Ill. He wrote: I first met Blanche Lamont at a Methodist church on Twentieth or Twenty-first street, out at the Mission, shortly beiore Christmas, 1894, on a Sunday morning. 1 was introduced by my wife, who had known her since some time in 1892. My wife first met Miss Lamont in Rockford, Ill. "My wife was there visiting a sister, and remained about six months. I don’tknow how often she saw Miss Lamont there, but whenever I have seen them meet here they have always been extremely friendly. llly wife's sister was an intimate friend of Blanche Lamont, and they wrote to each other after Miss Lamont returned to Dilion, Mont., and also aiter she came here. t An 1nguiry was at once wired by Tug COarsto Hon. James Lamont of Roc{dom, IlL, the uncle of Blanche Lamont. His reply shows Smythe’s statement to be a {fabrication. Mr. Lamont telegraphed this answer: ROCKFORD, 111., Oct. 30, Can’t find out anything about Sm: '(hioor family. Will ferret out XP possible. What {; the name of his wife’s sister? Blanche was not here in 1892. She was here from October, 1888, to June, 1890, J ONT, NEW TO-DAY. MUNYON. A Jurist Testifies. Unimpeachable Evidence From a Brooklyn Official. Munyon’s Reme—d; Cured Him of Rheumatism in a Few Hours. whose ponulur{lty in Brook- lyn was demonstrated by the immense majorities by which he was elected, and a gentleman of unimpeachable character, in Judge Nue, i Professor Munyon, says: ' igxe\usfillgfl\?&uyon's Rheumatism Cure the best in the world. When T began to usa Iis remedy I was unable to walk without the aid of cruiches at times. This had been going on for nine years, and the day before I began using it I could not get up the steps to the courtroom. After taking a few doses I was immediately rehcv;-,(’l, and in three days was completely cured. MUNYON’S Rneumatism Cure never fails to relieve in three hours and cure in three days. i ML’N\"ON'S Dyspepsia_Cure is guaran- teed to correct constipation and cure all forms of indigestion and stomach trouble. MUNYON’S Catarrh Cure soothes and heals the afflicted parts and restores thefn to health. No failure; a cure guaranteed. Munyon's Kmue{ Cure speedily cures vains in the back, loins or groinsand all }orms of kidney disease. Munyon’s Nerve Cure cures nervousness and builds up the system. Munyon’s Liver Cure corrects headache, biliousness, jaundice, constipation and all liver diseases. oy 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. N Munyon’s Female Remedies are a boon to all women. Munyon’s Headache Cure stops head- ache in three minutes. 5 Munyon's Pile Ointment positively cures all forms of piles. Munyon’s Astima Cure and Herbs are guaranteed tolrelieve asthma in three minutes and cure in five days. Price 50 cents each. Munyon’s Blood Cure eradicates all im- purities from_the blood. : Munyon’s Vitalizer imparts new life, re- stores 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 ior 25 cents a bottle. SOLD BY ALL DRUGGISTS. OLPENRY, BAZAAR STORM.:.-. KINGS ... When do you need an UMBRELLA? When you haven’t * one, generally. If ours were double the price they’d be CaY DIRT.:. ... CHEAP. Don’t walt for It to rain. BUY NOW.-. Child’s School Umbrella. Child’s Gloria Umbrell Twilled Gloria Umbrell Dresden Handle Glorias. Gents” Congo Loope and Baibs. s Gents’ 30-inch, 16 *Otto Mulle: Close Roll, £ Yarn-dved Serge.. Gents’ Fine Natural Wood, Trimmed. Ladies’ Blue Serge... Tafleta Silk, Close Roll. A Complete Line of the Celebrated “DUCK BRAND?” MACKINTOSHES AT LOWEST PRICES. SPECIAL SALE DAYS. NOTE— 9o, Tucsday, Wednesday ana Thursday of each week we offer Special Bargains, and not infrequently sell many of our best lines at Half Price. See our Window Display on SPECIAL SALE DAYS. §5000 REWARD HAVE YOU A CANCER? T CAN BE CURED WITHIN I by the wonderrul i CANADIAN CANCER CURE! And if not we will forfeit the above sum. NO CUTTING OR BURNING, but a mild and positive treatment. No charge made until the cancer has been entirely removed. Call and examine the testimonials of those who have been cared by tais wonderful discovery. They are convincing. Why suffer another day ? NINE DAYS R. LOWE & CO.’S CANADIAN CANCER CURE, 15571, MARKET STREET. JSTHEVERY BESTONETO EXAMINE YOUR | d eves and At them to Spectacies or Eyeglasses | with instruprents of his own invention, whoes superiority 1as not been equaled. My SuCSees bag been due io e merits ot my woek. Hor—-12 04