1
PASTOR GIBSON A WITNESS FOR DURRANT The Handwriting of the Minister Put in Evidence. UINLAN'S CHARACTER. The Witnesses From Sonoma County Corroborate Bar- clay Henley. P.ANT'S GOOD REPUTATION. Question Miss Cunningham Refused to Answer Taken Under Advisement. THE LEANT TRIALIN A MINUTE— TOR GIBSON A WITNESS. Thotr alof Theodore Durrant for the mur- der of Blanche Laraont was adjonrned last evening until Tuesday morning. The particular interesting event of yesterday was the advent cf Hey. John George Gibson, pastor of Emmanuel Church, on the witness- stand. 15if testimony, however, was not at all sensational; nd was confined to the identifi- cation >\u25a0: certain specimens of his own hand- wrUir.g. Those submitted to him by the de- fense were, he said, very like his own chiro- graph'y, but lie would swear positively to none vithem, because they had been out of his dos- icssion for some time. They were, however, admitted as evidence. At the dictation of Mr.Barnes, witness wrote ft short letter, which was also admitted In evi- dence. Two sermons, one written before and one .after the the tragedy of April 3, were also placed inevidence. Inthe ca»e of Mi?s Carrie Cunningham, the newspaper woman who refused .to tell from \vhom she received her information for tne article about Mrs. Leak, Judge Murphy said he thought the inquiry was not a proper one, but that ne would take it under advisement until Tuesday. Witnesses were called to testify that Martin J. Quinlan's reputation inSonoma County was not good. Other witnesses came to say that the reputa- tion of Theodore Durrant till the time of his arrest was very good. THE TWENTY-FIRST DAY. Pastor Gibson Comes to the Stand. Many Witnesses As to Repu- ". tations— A Busy Day. A'good deal of headway was made yes- terday in the Durrant trial. The defense has reached that stase where witnesses come to the stand to say that Durrant's character, or reputation, perhaps, was very good \ip to the time of his arrest. This would seem to indicate that the case for the defense is quite near the close. About all the points of proof offered by Deuprey in his opening statement have been made, and it remains now only for the defendant himself to take the stand and tell his version of the events of the afternoon of April 3. Monday being a legal holiday there will be no cession of the court until Tuesday next. Then, it is •expected, Durrant will be sworn as a wit- ness. It would seem now that Miss Carrie Cun- ningham, the plucky little newspaper woman who was •uiliiiifr to go to jailrather | than betray information that came to her in a professional way, may not go to jail after all. The court has about come to the conclusion that the question insisted upon by Mr. Dickinson is not a proper one under all the rules of evidence, and has, at any I rate, taken the matter under advisement. The event of the day, after Miss Cun- ningham's fate was disposed of, was the coining of Rev. John George Gibson to the witness chair. His advent created some nient in the courtroom, bat his tes- timony proved to be entirely without sen- sation. He was called merely to identify speci- ,f his own handwriting. He declined to do this in a positive manner. The w.-itiag was "very like" his, he said, but :iad been out of his possession for ::me he could not swear to it. At Mr. Barnes' dictation he wrote a letter, which waß submitted as evidence. Two sermons of his were also introduced. Two other points were covered by the defense during the day. The first was as to the credibility of Martin J. Quinlan, the witness who testified to seeing Durrant and Blanche Lamont waiting on Bartlett street toward the church. Several wit- nesses, headed by Barclay Heniey, swore that when Mr. Quinlan lived in Sonoma County, some years ago, his reputation for truth and integrity wa3 bad. Then came the witnesses to the good reputation of Durrant. These were Albert H. Martin, A. M. Davis, James McCul- lough, John H. Sievers, Rev. J. C* Smith. B. R. Keith, Alexander H. McDonald, Donald Mackintosh, George fl. Freier- muth, Dr. W. Z. King, J. A. McCullough and H. Porter. Of course, the introduction of this testi- mony paves the way for the' prosecution to show that Durrant's life was not all that it is thought to have been by these witnesses, ifit can, and Mr.Barnes says he will make the most of his opportunity. With what due importance the defense clothes the testimony of Mrs. Leak, who says she saw Theodore Durrant and Blanche Lamont enter Emmanuel Church together, is apparent from the determined effort Mr. Dickinson is making for even r-mote information that may lead to some- tiin^' upon which Mrs. Leak may be im- peached. This is admittedly the purpose of the defense in pressing the question that Miss Cunnincham says she will not answer, all the jails in Christendom to the contrary, notwithstanding. Miss Cunningham has already said that i not obtan the information for her article from Mrs. Leak— which was a sur- prise to the defense. Upon cross-exami- nation Mr. Dickinson asked Mrs. Leak if she had held a conversation with Miss '.rnningham. And when Mrs. Leak de- nied it, the defense felt that it had laid the foundation for ner impeachment. They hud Mins Cunningham's article in view. Now. itis quite possible that Miss Cun- ningham's information came from a source y foreign to Mrs. Leak and un- known to her. But, argues the defense, if < unningham got her information from, Bay a neighbor in the vicinity, we may be able to show that the neighbor got his <.r her information from Mrs. Leak, or I in another neighbor who heard it from a neighbor who got it directly from a neighbor who received the information : rs. Leak's lips. Even Mr.Dickinson does not deny that a fishir.tr expedition, but by casting bia line over sr.ch a wide extent of sea, and baiting it with remote possibilities, he might, perchance, catch a' clew that would lead up to information showing that Mrs, Leak had spoken about her testimony ttf some other person aside from those named by the lady. Judge Murphy has already said that he does not consider such a course competent under the rules. THE MORNING SESSION. Miss Cunningham Does Not Go to Jail-Pastor Gibson Identifies His Handwriting. "Call Miss Cunningham," said Judge Murphy, when court convened in the morning. There was a moment's waitine; then a small woman walked demurely down the aisle to the witness-sta:id beside Judge Murphy. The court—l understand, Miss Cunningham, that the question asked you last evening was as fohows: "From whom, then, did you obtain the information?" I understand that you re- fuse to answer the question " Witness— Yes, sir. The court—Do you still insist upon the ques- Mr. Dickinson—Yes, sir. The court— l think It very doubtful that the question is proper, but I determined last even- ing to be safe and err on the side of the defense, if at all. Now, I have given this matter very serious consideration. 1am bound to give this defend- ant the full benefit of every possible point that can throw light upon the subject of this inves- tigation, but I am almost settled in the opinion that this question is improper. I want to commit no error, if possible. This lady anchor?; her^lf upon what she thinks is nor right under the law. Now the power of the court, to punish for contempt is no ar- bitrary power. If she be right iv her position the court has no power to compel her to answer. In the case of ex parte Zehandler, reported in 71 California, the court impris- oned a newspaper reporter for refusing to divulge his information as to an article he had "Have you any recollection of having writ- ten it?" "No special recollection. It looks very like my writing." Dialogues like this occurred with each specimen of handwriting exhibited to the witness. Mr. Gibson remarked repeatedly that as the specimen had not remained in his possession he could not swear but that someone else had written them in imita- tion of his own hand. Nevertheless all the specimens were of- fered in evidence as examples of the hand- writing of the witness— the contents of the papers not to be taken into consideration. Witness was shown his own signature on a small piece of paper, but he would not identify it any more positively than the other specimens. He was then shown a small piece of pa- per with "George 11. King" on it. He aaid that it looKed very much as if he had writ- ten it. Then another slip with "Professor Schwerenstein" on it. The answer was the same. "Did you not write these three names during your examination at the Police Court?" asked Dickinson, showing the witness three other slips of paper with the same names written in lead pencil. ' 'I recollect writing the names inink, but not those inleadpencil." Mr.Barnes— The question has been answered, but I would like the record to show and the witness to know that he was not examined in the Police Court in this case. Mr. Dickinson— l was not aware of that. Mr. Harnes (pointing to where Attorney Mon- teith sat)— l would like to ask if Mr. Mo'n«eith is to be called as a witness. I see him in the courtroom. Mr. Dickinson— He will not be a witness. Mr. Barnes What kind of a pen do you use, Dr. Gibson ? "A Wavcrly pen." "Have you one withyou ?" "Yes, sir." "Please sit at the clerk's desk, here, and write from my dictation." Witness did as requested and wrote from the following dictation : "SAM Francisco, October 4, 1895. ".Vy Dear Mr. King: I have just had a con- versation with Troressor Schwerenstein. He informed me that he has just visited the resi- written. He sued out a writ of habeas co-pus and the Supreme Court released him, holding that the Superior Court Judge was wrong in imprisoning the witness, because the question that the witness refused to answer was not per- Uuent to the issue. Now, it is a serious matter to deprive a per- son of his liberty, yet the court undoubtedly has the right to enforce its rulings upon an obstinate witness by sending the witness to jail until the question is answered. This ques- tion can, of course, be onlyadmissible for the purpose of impeaching the witness, Mrs. I^eak. Now, how can it be said that this contradicts or impeaches her? On the contrary, Mins Cun- ningham's testimony rather corroborates that of Mrs. Leak. 1 am led almost irresistibly to the conclusion that the question is not proper. I will, however, hold the matter in abeyance, and in the meantime if there be any plausiole theory upon which Itcan be argued that the question is admissible, I hope counsel will pre- sent it to me. As the matter now impresses me I could not allow it, and I feel that I am not straiuiug a point in taking the matter un- der advisement. Mr. Dickinson— Until when, your Honor? The court—Until Monday or Tuesday. I be- lieve Monday is a holiday. Mr. Dickinson— l understand your Honor's remarks to mean that the question is only ad- missable as impeaching Mrs. Leak. Mrs. Leak testified quite Inextenso the manner in which her information was imparted to the prosecu- tion. Now, might it not be that we can prove thioqgh this witness that she had spoken to another person or to others than those she named. Surely that would lay the proper grounds for impeachment. Though this is in the nature of a fishing expedition, I hold that it is a proper one under the circumstances, and that to uphold the witness in withholding the information would be to give it the character of a privileged communication. The court— You have the fact that Mrs. Leak made disclosures concerning her testimony to two pereons— her daughter and to Mrs. Henry. You have a right to call anybody else to show that she also spoke to them. I know of no rule of the court that would admit as proper such a question as this, where the witness has already said she had no communication with Mr*. Leak, the witness sought to be impeached. If there is such a rule I hope counsel will point it out. I fhall postpone a rulingon the case till Tuesday morning. Mr. Dickinson— We take exception to the rulingof the court. The court— But there has been no rulingyet. Mr. Dickinson— Then we desire an exception to the action of the court. The court— You are entitled to that. Call the next witness. F. A. Sademan, who was janitor of Em- manuel < hurch between October, 1894, and the latter part of April of this year, was recalled. Mr.Dickinson questioned him consider- ably conorning the ventilation of the church. Witness said he op*ned the win- dows and belfry door to get proper ventila- tion. "When was the last occasion prior to April 3 that you lit the gas In the church?" asked Mr. Barnes upon cross-examination. "The Sunday evening before." Arthur Carroll, who has been janitor of the church since July last, wj»s sworn. He testified that he opened the windows for ventilation. Since his incumbency he had never been upstairs between the ceil- ings, and knew of nobody who had. He had not disturbed the ventilators. He re- ceived his keys from C, W. Taber. Stephen Beverley Nourse, another of the senior class medical students, was sworn. He said he did not answer for Durrant at tue rollcall of Dr. Cheney's lecture. His notes of the lecture were offered in evi- dence. Then came the Rev. John George Grb- son, and a sensation was expected, but dia not materialize. His examination was confined to the identification of numerous specimens of his own handwriting. None of these would be identify positively, because the papers had not been in his possession. "Well, whet is your best recollection?" per- sisted Mr.Dickinson again and again. "It look* very like it," would be the answer. deuce of Mrs. Charles G. KoDle, 209 21st St. i (put the number and the I treet in figures). "Yours truly, J. George Gibson. "Below write: " - "Mrs. Noble, 209 (in figures) 21st st. (in figures) Btreet (abbreviated), City." When the writing was finished Mr. \ Barnes offered the paper in-evidence as I "people's e.xhibit 51 on cross-examination of Dr. Gibson." "Have " you auy sermon or long' writing of your own that you know to be your own?" asked Mr.Barnes. '\u25a0'\u25a0"\u25a0 :.v- :/»<•-•'. "Yes, sir." ."'«,' J \u25a0••-' -•', r "Will you bring them into court this after- i noon?" ' \u25a0 Lv'.c '•Why, of course." \u25a0V l .;-;.j . The court— Better brins specimens of your writingthat were written both before and after April last. "Yes, «lr." Mr. Dickinson then asked witness to write Mrs. M. N. Noble, printing the mi- i tials »nd putting a capital B in the Noble. I There was some misunderstanding as to : thie meaning of this on the part of the wit- | . ness, but it was finally explained to him | that he must follow the instructions and write the name in the manner wanted ; with the capital B In tne middle of the l Noble. --r. > / When this was done Mr. Dickinson asked witness if he had in his possession the specimens of his handwriting that were pictured in the newspapers? Witness inquired which publication? •. The date was fixed by Mr. Dickinson as last Saturday, and witness was instructed to bring those specimens into court in the afternoon, if he could rind them. L. L. Levings, a newspaper reporter, was , called to identify a published interview ; with Detective Gibson, in which reference was made to footprints in the belfry. Mr.Levings could not identify the articles ; as- his own, nor could he give any clew as ; to its authorship beyond enumerating the ' men who worked on the case at that time. . .."Then the noon recess was taken. \u2666 REV. J. GEORGE GIBSON GIVES SPECIMENS OF HIS HANDWWKITINQ. [Sketched by a " Call " artist.} THE AFTERNOON SESSION. Witnesses Testify to the Good Repu- tation pome by Durrant—Mar- tin J. Quintan's Reputation. In the afternoon there came several witnesses who said that Martin J. Quin- ' lans reputation for integrity and veracity j in Sonoma County some years ago was not I good. The first of these wag Barclay Henley, ! the ex-Congressman and attorney. He j said he had known Martin Quinlan for about fifteen years and had lived among his neighbors in Sonoma County. Quin- lan's reputation was bad, he said. Upon cross-examination witness said that Quintan's reputation had not been I discussed very much. He remembered j that A. Fitzpatrick, a client of his, had re- ! cently said that Qtrinlan's reputation was I bad. Reel Terry had also remarKed to \ witness that Quintan's reputation was not j good. '"Would yon believe Martin J. Quinlan Iunder oath?" asked Mr. Deuprey. "I wouldn't like to say as to that. A witness' credibility is largely governed by his interest I in the matter." The court— Were the remarks you heard about Quinlan with reference to his honesty? "No, bir; not as to his honesty." Ransome Powell was the next witness. He is a resident of Sonoma County. He | said Quinlan's reputation at Santa Ros» I and thereabouts was bad. Upon cross-examination witness said he had a friend who was once in litigation with Quinlan. W. A. Reed of Sonoma County did not know the reputation of Mr.-Quinlan, or if he did ithad slipped his mind. L. J. Hall of Sonoma County did not know Martin J. Quialan, but had heard of him. What he heard was not toQuinlan's credit, but that was a long time ago. A. D. Loughlin, a Sonoma County at- torney, said that Quinlan's reputation was bad. W. C. Kellog, a newspaper reporter, once the editor of a paper in Santa Rosa, had heard Quinlan spoken of in a way reflect- ing on the latter 's reputation. The Rev. Mr. Gibson came back to the stand at this point. He brought with him two sermons, one written in March and the other in September last. The one written before the tragedy was written by the left hand. Witness was shown the blackboard taken from the pastor's study in the church and introduced by the defense. He said the writing on it was in main very like his own. He would not swear to the hand- writing, however, and there were some letters on it that were unlike his and some of the others were badly blurred. Witness was further sliown a slip of f taper that was taken from the church ibrary and asked if he had written it. it seemed to be in his handwriting, he said, but beyond that he would not depose. Then came the witnesses to prove the good character o! the defendant. P. D. Code was the first of these. Ha had known Durrant for several years, and bad attended the same church. JJurrant's reputation for truth and integrity and for peace and quiet waa good, he said. He had not heard it discussed. Albert H. Martin, manager of the Golden Rule Bazaar, said he had known Durrant for seven or eight years, that Durrant had vr6rked at the bazaar and that his reputa- tion was good. He had not heard it dis- cussed, but he kept a pretty close account of his employes. A. M. Davis was sworn. He said he was personally acquainted with Durrant, who had worked tor him during the holi- days and at the fire sale at the bazaar. He never heard Durrani's character discussed, but his reputation was good. James McCullough said he had known Durrant eight or nine years and that his reputation was good. He had never heard it discussed prior to th« Bth of April. John H. Sievers had known Durrant for many years, and had heard his reputation discussed about once a month for a period of ten years, beginning when Durrant was at school. Jud»e Murphy inquired what was the cause of Durrant's character being discussed 30 often, bat witness did not know. Rev. J. Curnming Smith knew Durrant seven or eight years and knew that his reputation was good. He had never heard it discussed. B. li. Keith had known Durrant for fifteen years and knew that his reputation was good, though he had not heard it dis- cussed. Alexander H. McDonald, who knew Durrant several years, had heard it said that he was a "nice, ruoral young man." He knew that Durrant's character was good. Donald Mackintosh is a neighbor of the Durrant family. After testifying to the good character of the defendant Mr. Barnes asked him if his wife had not accompanied Durrant to the Cooper Medi- cal College upon one occasion. Witness replied in the affirmative. "Didnot Mrs. Mackintosh make a statement to you concerning that occasion?" "I do not recall that she did. Not in parti- cular." "Uidn't she make a remark about something that happened then?" "Ithink not." Mr. Barnes then asked that the court in- struct the witness to hold himself in readi- ness to be summoned as a witness for the people. Then Mr. Dickinson elicited the addi- tional information that Mrs. Mackintosh's trip to the college with Durrant was dur- ing a visit to that institution of a conven- tion of physicians and surgeons. George H.Freiermuth said he had known Durrant for several years, that his reputa- tion was good, and that about four years ago he had heard it discussed with credit to Durrant. Dr. W. Z. King, father of George R. King, the organist of Emmanuel Church, said the reputation of Durrant was good. His family was intimate with tue Durrant family. He had never heard Durrant's reoutation discussed. J. A. McCullough said he was a brother of Draughtsman McCullouch, who drew j the diagrams in the case for the defense, i He was very intimate with Durrant, but , had not subscribed any money for the de- fense. He saia Durrant's character was good, but lie never heard it discussed. H. Porter, an old schoolmate of Dur- rant, said he had heard the defendant'! reputation discussed at the college, and that it was always spoken of with credit to Durrant. M. Vogel, the husband of Mary Vogel, : who testified for the people that she saw I Durrant in front of the Normal School waiting for Blanche Lamont, was the last witness for the week. Mr. Deuprey asked him what newspapers he took. He subscribed for The Call, he said, and on Sunday bought all the papers. He did not, however, he Baid, very positively, have much time to read anything more than the headlines. Both he ana Mrs. Vogel were very busy and read the papers but casually. At night, after supper, he usually went straight to bed, for he must be up at 3 o'clock in the morning. On Sunday he sometimes went fishing, or went to the park with his wife. Stie , had her housework to do, and found but scant time to read. "How long has Mrs. Vogel been wearing glasses?" suddenly asked Mr. Deuprey. "She has never used glasses, that 1know of." "Isn't h?r eyesicrbt bad?" . "It* very good." "Did you have an interview with a man named Green in front of your residence on the 27th of September?" "Not that I know of?" Mr. Deuprey then described Mr. Green in detail and witness said he didremember talking to such a person. "Didn't you say to him that you bought all the papers?" •*>o, tir." "Didn't you tellhim that both you and your wife read all the testimony in the Durrant trial Tery closoly?" "I never said any such a thing at all." There were no more witnesses in attend- ance, and the court adjourned till Tuesday morning. STILL AFTER DR. GIBSON. Durrant's Attorneys Seeking to Cast Further Suspicion Upon Him. The attorneys for Dnrrant are deter- mined, if possible, to compel Miss Carrie Cunningham, the Chronicle reporter, to divulge the secret of the source from which she obtained the information from which the story of Mrs. Leak and the testimony she would give, was written ana published, it is the theory of the defense that although the story is accredited to the police, it was in reality furnished by Rev. J. George Gibson. Durrant's attorneys will therefore make a most strenuous "effort to carry their point and compel the lady to tell where she got her information. Then, should they succeed, and she Bhould say, as tho defense believes she will if she speak at all, that the story was given her dv Key. J. George Gibson, the implications that have already been made against that eentleman will be as nothing compared to what the defense will seek to imply. For if they develop the fact that Dr. Gibson gave out the story they will advance _by implication the theory that he prevailed upon Mrs. Leak to believe she saw Durrant and Blanche Lamont enter the church yard together. Dr. Gibson has repeatedly denied that he had any connection with the story. From his manner he is apparently little concerned as to any unpleasantness that may arise from implications drawn from anything Miss Cunningham may tell. There was a matter of singular interest in connection with the afternoon proceed- ings of the Durrant trial yesterday. It was during the taking of testimony to im- peach the evidehceof Martin Quinlan that a number of witnesses from Sonoma County were called to testify concerning his character. Among them was Al Reed, who took his place on the witness-stand and in response to the questions of Gen- eral Dickinson gave Quinlan a very bad character. The singular interest attaching to the incident is that Keed, in company with John Bailiff, walked into the law office of James Z^oon at Santa Rosa one day in 1886 and killed him for heving betrayed Bailiff's wife, who is Piied's sister, and Koon was the friend and intimate asso- ciate of Quinlan when the latter was a resident of Santa Rosa. Reed and Bailiff were tried for the killing of Noon, and speedily acquitted on the ground that it was justifiable. THE B`NAI B`RITH SCHOOL Fire Wardens Say It Must Not Be Held In the Eddy-street Building. is Claimed That Economical Mem- bers Desire the School Abolished. Some discussion has been aroused among the members of the Independent Order of B'nai B rith by the action of the Board of Fire Wardens in this City. The order possessed, until recently, a school for imparting a general course of secular and religious instruction to Jewish chil- dren whose parents are not members of any synagogue, and who are, therefore, not entitled to tuition at the ordinary Sabbath-schools. The school was held in the basement of the B'nai B'rith Hall on Eddy street. The Board of Fire Wardens recently reported that this building is unfit for use as a school. It was asserted, and itis not de- nied, th&t there is but one exit and that dark, narrow and inconvenient. In case of a panic the position of the 250 children attending the school endeavoring to get into the street by means of one stairway would be extremely perilous. The pupils of the school have been re- moved to a building on Mission street pending some action on the part of the committee. It is, however, charged on the part of some prominent members of the order that there exists a clique which is anxious to do away with the school on the score of economy. This would be a saving of $250 per annum. It is openly stated that these members have used their in- fluence with the fire officials to get the building on Eddy street condemned as a preliminary to abolishing the school alto- gether. In the interim prominent members in B'nai B'rith have not been idle. Dr. Jacob Voorsanger has addressed the fol- lowing letter to a number of gentlemen in- terested in the question : San Francisco, October, 1895. Dear Sir and Brother: In my opinion the time has arrived for a more general dissemina- tion of the principles of Judaixm in Sun Fran- cisco, especially among tne children of onr community. We are once more practically without & school which may bo attended by the children of our co-religionists whose con- tracted means prevent them from becoming members of congregations, it is indisputable that we owe that class some consideration. The recent action of the hall directors of tho B. B. Hall has practically given the death- blow to the school, for some years in charge of the B'nai B'rith order. We must begin anew, under more general auspices, to found a per- manent school of religion for the poor in our midst. With that object in view I address this communication to you as one of a committee of thirty-six gentlemen whom I have invited for ft general discussion of the subject. I trust you will honor me with your attendance on next Monday evening, October 7, at 8 o'clock, at the vestry-room of the Temple Emanu-El. Fraternally tnd respectfully yours, Jacob Voobsangkr. It its expected that after the meeting mentioned has been held some practical result will bo arrived at. . I .*\u25a0*\u25a0* ~ llival Window-Cleaners. The men who go about downtown with pails and bamboo ladders cleaning plate-glass win- dows are at present engaged in a vendetta worthy of the Tennessee Mountain?. How it will end no man foresees, but the industry just now suggests the flowicg: of more blood than window-washing water. One organiza- tion is German, the other Italian, and war to the knife is threatened. Amanifesto sent out yesterday by one of the rivals advises "all good citizens to beware aud give the Mafia window- cleauori and stiletto-wielders a wide berth and tender your patronage to the only reputable gentlemen in this business with unblemished characters." The literary bureau of its rival asserts in blood-curdling language that its competitors form "a conglomerated aggrega- tion of uncongenial, unreliable and unkompt personifications of humanity," and calls on the public to distinguish "between skilled and amaieur manipulators in the art of window- polishing." Feast of St. Francis. Church, Army and Valencia, streets. The cele- brant, deacon and Birtwleacon of the mass were Dominican fathers. Father T. Caraher, Mis- sion San Jose, preached the panegyric of the saint In English, and Father Mueller, S. J., in German. Dr. Lilienthal'« Will. Dr. James E. Lilienthal, who died on Septem- ber 27, left a $35,000 estate. By a will filed yesterday the property Is bequeathed to Albert Lilieflth&l of New York and Philip N. Lilion- thal, Je*se W. Linenthal and Ernest K. Lilien- thal of this City. JOHN W. MACKAY IS SUED. Made a Defendant in El Dorado County Mining Litigation. A CONSPIEACY IS CHARGED. Joel T. Smith, John D. Bancroft and Robert M. Green Ask Heavy Damages. John W. Mackay was made a defendant in a $200,000 mining suit, involving a valu- able group of mines in El Dorado County, that was riled in tho United States Circuit Ccurt yesterday. No service of the papers in the case has been had and the complaint has not as yet been made a part of the record of the court. The plaintiffs are Joel T. Smith, a min- ing man from Montana, John D. Bancroft and Robert M. Green, and the defendants Edward Bind, Leonard Reeg, A. Head, John W. Mackay, John Doe and Richard Roe. The complaint seta forth that on May 20, 1805, Smith made an agreement with the defendants Bind and Reear to buy a number of mines for $60,0(50. The proper- ties included were the Blue Gouge, Flem- ing Extension, Procop, Rocky Point, West and Park, all in the Pleasant Valley min- ing district. A half interest in the Bo- nanza mine and the water rights belonging to the entire group were included inthe purchase. Smith was to pay $1000 on July 5, 1895. $11,500 on August 1,1885, $7500 on September 1, 1895, $10,000 on October 1, 1895, $10,000 on November 1, 1895, and $20,000 on January 1. 1896, and to take pos- session at once, all proceeds from the operation of the properties to be applied to the purchase price. It was also stipulated that the agreement to sell should De dependent upon a bond executed on May 6, "1895, by defendants Reeg and Bind agreeing to "sell the prop- erties to plaintiff Bancroft for $55,000, $30,000 of which was to be paid before July 1. 1895. and $25,000 on or before September 1, 1895. Later the original agreement was modified to allow Smith to pay $1000 down, $15,000 on September 1, $22,000 0n December 1 and $22,000 on March 1, 1896. Then Smith took Bancroft and Green into the deal as equal partners and a pur- chaser for the entire group was looked for. In the meantime a verbal extension of the time for making the payments was ob- tained from Bind ana Reeg. Negotiations were opened with a num- ber of capitalists looking for investments, and John W. Mac&ay was finally ap- proached ana offered the group for $250,000 cash. He employed experts to go over the property, including the defendant, Head. The complaint goes on to say that on September 15 the experts visited the claims on which the plaintiffs had already ex- pended a large amount of money in de- velopments, and spent several days in ex- amining them. While there, the plaintiffs claim, the de- fendants conspired to negotiate a sale of the mines, ignoring those who had bonded them, and entered into an agreement by which the properties were to be transferred to Mackay, through his agents, for a sum several thousand dollars less than the price originally asKed Mackay by the plaintiffs. This arrangement is said to be on the eve of consummation, and the court is asked to grant an injunction preventing Reeg and Bind from selling the mines to Mackay and compelling the latter to cease negotiations. The plaintiffs claim that through the ac- tions of the defendants in refusing to keep to the orginal agreement they have been injured in the sum of $200,000 and judg- ment is asked for that amount. Defendant Mackay is said to be at the mines, which are considered among the most promising in El Dorado County. W. 6. Scott is attorney for the plaintiffs and will be assisted by H. N. and R. P. Clement as counsel. JUDGE BELCHER'S WILL. Diftposal of the Eminent Lawyer's Es- tate, Which Ig Valued at 8100,000. Ex-Judge William C. Belcher, who died in this City on September 1, owned an estate that is valued at $100,000. His will was filed last Tuesday at Marysville. I. S. Belcher and John H. Jewett are nominated executors, and to these is be- queathed nearly all the property, to be held in trust for the following purposes: To close up all the business of the estate; to pay to the testator's aunt, Phcebe VV. Brooks, .*<>OO a year; to pay his sister, Mary J. Belcher, $50 a month as long as she lives: to pay his sister, Charlotte M. Whitney, $600 a year for the education of her nephew, William B. Whit- ney: to pay the expenses ot thd education of his niece, Ann Belcher, at Wellesley or any other college, provided that such expenses shall not exceed $WK) a year; to pay to Ann B«leher, at the completioa of her education, $8O00 ; to Alice Belcher and Mattie Belcher, nieces, $8000 each; to pay to William B. Whitney, at the completion of his education, .*8OOO: to Edward Belcher, another nephev/, ¥8000 ; to Mamie and Bessie Rogers, nietjes, $5000 each ; to pay the income of $10,000 to the testator's sister, Charlotte; to pay Minnie A. and Hattie Taggart, $5000 each. The Marysville library is to receive $1000 and the Gaysville (X r t.) library books and $10,000. I. S. Belcher, a brother, is to hold the testator's interest in the family homestep.d at Stockbridge, Vt., for a sister and her husband. The residue of the es- tate will go to the University of Vermont for the purchase of books. California Quartet at St. John's. The well-known California Quartet will sine at St. .John's Presbyterian Church to- morrow morning. The quartet has been engaged for services in that church for the ensuing six months. It will doubtless prove an attractive feature of that popular place of worship. ________________ BACKACHE. From the Press, New York City. Few people have suffered more from pain in the back than Mrs. Lillle B. Newell of No. 2313 Second avenue, New York City. For several yt>ar* she was so afliicted with this dis- tressing malady that she wan hardly able to get around, and couid do little to caro for her children, which made ncr suffering all the harder to bear. Her husband, Charles New- ell, who is a well-known New York optician, tried in every way to find a remedy for his wife, but no medicine seemed to hare the power to remove her pain. Mrs. Glynn, a sister of Mrs. Newell, is a pro- fessional nurse, and was familiar with the symptoms of her sister's sickness. Mm. New- ell was away on a visit when a reporter called upon her, but Mrs. Glynn, who lives at No. 416 East One Hundred and Twentieth street, told the story of her sißter's recovery. A doctor was called when Mrs. Newell's con- dition became serious and he prescribed small pink pills, which, in a short time, relievea the woman's pain as no other medicine had done. "After a while," Mrs. Glynn told the reporter, "Vfdlearned that the medicine the physician was giving my sister was nothing more than Dr. Williams' Pink Pi'.ls for Pale People. Knowing by experience how excellent a reme- dy these pills were, Mrs. Neweil bought some at a drugstore and continued taking them. The effect was most gratifying, for in six months my sister was perfectly well, and the pain inher back was nothing more than an unpleasant memory. Both she and I have recommended the Pink Pills to other people, who have not failed to find them all that is claimed. All the doctore my sister had been treated by, before taking the pills, had done her no apparent good." I'ink Pills are sold inboxes (never in loose form, by the dozen or hundred, and the public is cautioned against numerous imitations sold in thrs shape) at 50 cents a box, or six boxes for $2 50, and may be had of all drug- gists, or direct by mail from Dr. Williams' Medicine Company, Schenectady, N. V The price at which these pills are sold makes a course of treatment inexpensive as compared with other remedies pr medical treatment. THE SAIS FRANCISCO CALL, SATURDAY, OCTOBER 5, 1895. NEMF TO- DAT. A : I GREAT PAPER._ ; TO-DAY'S ; News Letter. It's as good a3 the play to read \u25a0r "Pleasure's Wand." The incisiveneas of the editorials \u25a0 •. and the vigorous manner events are dealt with will please you. Every department is brimming over with delightful personalities. Take a copy home and make your wife, your sweetheart and yourself happy. FOR A DIME. BROOKS' KUMYSS Has many imitators— no equals. Made from pnre Jersey Farm milk Aud cream only. Contains V! 5 per cent , More nutriment than any other. Willcure indigestion and stomach Ailments. HOMCEOPATAIC PHARMACT, " ; 119 POWELL STKEET. The powers that be are the powers of Hadyan A purely vegetable preparation, Itstops all losses, cures Prematnreness, LOST MANHOOD,Consti- pation, Dizziness, Falling Sensations, : Nervoua Twitching of the Eyes and other pares. Strengthens, invigorates and torn-* tne entire system. It is as cheap as any other remedy. HUDVAS cures Debility, Nervousness, Emis- sions and develops and restores weak organs: pains in the back, losses by day or night stopped quickly. Over 2000 private indorsements. v •Prematureuess means impoteacy In the first stage. Itis a symptom' of seminal weakness and, barrenness. It can be stopped in twenty days by the use of Htidyan. - udyan costs no more than ' any other remedy. -Send for circulars and testimonials. Blood diseases can be cured. Don't yon goto hot springs before you read our "Blood Book." Send for this book. Itis free. HUDSON MEDICAL INSTITUTE. Istockton, Market and KIIUSt«., - San Francisco, Cal. LI PO TAI JR., /TV Chinese Tea and Herb L s J \u25a0 Sanitorinm, p^Hf No. 727 Washington St., \X , 5 \u25a0' San Francisco,. Cal. \ir*- W Cor. Brenham Place, abova faC^g> /A the plaza. /Jfo**. ' Office Hours: 9to 12, "-^ 1 to * aud 5 to 7. Sun- ' day, 9 A. M. to V 4 M. ' Li Fo Tai Jr., son of the famous Li Po Tai, lias taken his father's business,' I and Is, after eleven years* study in China, fully prepared to locate and treat all diseases. ' '• -~- : GEORGE H. FULLER DESK CO. /X^&F-jp&ffl \u25a0\u25a0!» the' Place to Boy JsBk DESKS, CHAIRS ' &^wp^wisW»^j^i«wj'.^^nßFj& ' ' And -*- 11 Kinds of MHaltma FURNITURE TflSfl&i^jj 638-640 Mission St. NEW WESTERN HOTEL. KEARNY AND WASHINGTON STa-RB- \u25a0 modeled and renovated. KING,WARD <fe CO. ; European plan. ' Rooms 50c to $1 60 per day, &l ; to 98 per week, $8 to 930 per month:, free ba'.ha: hot and cold water every room; tire grates ia tveqr [ room; elevaior runs all olgUu Children To=Day We are going to surprise you. We have offered many astonishing Bargains in Chil- dren's Clothing but TO-DAY is the day of days; TO-DAY we snail outdo all fdr- mer efforts. 53.50. A new line, jnst opened, of Reafer suits, in blue, brown and gray, with wide braided collar. Handsome: something any boy will be proud of. 151.50. I Short pants suits, double- breasted, neat plaids. We were astonished that we could I sell them for that, and you will be too. 55.00. New Fall patterns in Boys' Overcoats, handsome and dura- ble, worth $7 50. You must see these to appreciate them— see them in the Broad Daylight in our store. Everything as light "as if it were outdoors. H. ROMAN & CO., The New Daylight Store, COR. MARKET AND FIFTH STREETS, Open To-night till II P. n.

DURRANT JOHN MACKAY - Chronicling America · 2017. 12. 17. · John George Gibson, pastor of Emmanuel Church, on the witness-stand. 15iftestimony, however, was not at all sensational;

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Page 1: DURRANT JOHN MACKAY - Chronicling America · 2017. 12. 17. · John George Gibson, pastor of Emmanuel Church, on the witness-stand. 15iftestimony, however, was not at all sensational;

PASTOR GIBSON A WITNESS FOR DURRANTThe Handwriting of the

Minister Put inEvidence.

UINLAN'S CHARACTER.

The Witnesses From SonomaCounty Corroborate Bar-

clay Henley.

P.ANT'S GOOD REPUTATION.

Question Miss CunninghamRefused to Answer Taken

Under Advisement.

THE LEANT TRIALINA MINUTE—TOR GIBSON A WITNESS.

Thotr alof Theodore Durrant for the mur-der of Blanche Laraont was adjonrned lastevening until Tuesday morning.

The particular interesting event of yesterdaywas the advent cf Hey. John George Gibson,pastor of Emmanuel Church, on the witness-stand. 15if testimony, however, was not at allsensational; nd was confined to the identifi-cation >\u25a0: certain specimens of his own hand-wrUir.g. Those submitted to him by the de-fense were, he said, very like his own chiro-graph'y, but lie wouldswear positively tononevithem, because they had been out of his dos-icssion for some time. They were, however,admitted as evidence.

At the dictation of Mr.Barnes, witness wroteftshort letter, which was also admitted Inevi-dence. Two sermons, one written before andone .after the the tragedy ofApril 3, were alsoplaced inevidence.Inthe ca»e of Mi?s Carrie Cunningham, the

newspaper woman who refused .to tell from\vhom she received her information for tnearticle about Mrs. Leak, Judge Murphy said hethought the inquiry was not a proper one, butthat ne would take it under advisement untilTuesday.

Witnesses were called to testify that MartinJ. Quinlan's reputation inSonoma County wasnot good.

Other witnesses came to say that the reputa-tionof Theodore Durrant till the time of hisarrest was very good.

THE TWENTY-FIRST DAY.

Pastor Gibson Comes to the Stand.Many Witnesses As to Repu-

". tations— A Busy Day.

A'good deal of headway was made yes-terday in the Durrant trial. The defensehas reached that stase where witnessescome to the stand to say that Durrant'scharacter, or reputation, perhaps, was verygood \ip to the time of his arrest.

This would seem to indicate that the casefor the defense is quite near the close.About all the points of proof offered byDeuprey in his opening statement havebeen made, and it remains now only forthe defendant himself to take the standand tell his version of the events of theafternoon of April 3. Monday being alegal holiday there will be no cession ofthe court until Tuesday next. Then, it is

•expected, Durrant willbe sworn as a wit-ness.Itwould seem now that Miss Carrie Cun-

ningham, the plucky little newspaperwoman who was •uiliiiifrto go to jailrather |than betray information that came to herina professional way, may not go to jailafter all. The court has about come to theconclusion that the question insisted uponby Mr. Dickinson is not a proper one underall the rules of evidence, and has, at any Irate, taken the matter under advisement.

The event of the day, after Miss Cun-ningham's fate was disposed of, was thecoining of Rev. John George Gibson to thewitness chair. His advent created some

nient in the courtroom, bat his tes-timony proved to be entirely without sen-sation.

He was called merely to identify speci-,f his own handwriting. He declined

to do this in a positive manner. Thew.-itiag was "very like" his, he said, but

:iad been out of his possession for::me he could not swear to it. At

Mr. Barnes' dictation he wrote a letter,which waß submitted as evidence. Twosermons of his were also introduced.

Two other points were covered by thedefense during the day. The first was asto the credibility of Martin J. Quinlan, thewitness who testified to seeing Durrantand Blanche Lamont waiting on Bartlettstreet toward the church. Several wit-nesses, headed by Barclay Heniey, sworethat when Mr. Quinlan livedin SonomaCounty, some years ago, his reputation fortruth and integrity wa3bad.

Then came the witnesses to the goodreputation of Durrant. These were AlbertH. Martin, A. M. Davis, James McCul-lough, John H. Sievers, Rev. J. C* Smith.B. R. Keith, Alexander H. McDonald,Donald Mackintosh, George fl. Freier-muth, Dr. W. Z. King, J. A. McCulloughand H. Porter.

Of course, the introduction of this testi-mony paves the way for the' prosecution toshow that Durrant's life was not all that itis thought to have been by these witnesses,ifitcan, and Mr.Barnes says he willmakethe most of his opportunity.

With what due importance the defenseclothes the testimony of Mrs. Leak, whosays she saw Theodore Durrant andBlanche Lamont enter Emmanuel Churchtogether, isapparent from the determinedeffort Mr. Dickinson is making for evenr-mote information that may lead to some-tiin^' upon which Mrs. Leak may be im-peached.

This is admittedly the purpose of thedefense inpressing the question that MissCunnincham says she willnot answer, allthe jails inChristendom to the contrary,notwithstanding.

Miss Cunningham has already said thatinot obtan the information for her

article from Mrs. Leak— which was a sur-prise to the defense. Upon cross-exami-nation Mr. Dickinson asked Mrs. Leak ifshe had held a conversation with Miss• '.rnningham. And when Mrs. Leak de-nied it, the defense felt that it had laidthe foundation forner impeachment. Theyhud Mins Cunningham's article in view.

Now. itis quite possible that Miss Cun-ningham's information came from a source

y foreign to Mrs. Leak and un-known to her. But, argues the defense, if

< unningham got her informationfrom, Bay a neighbor in the vicinity, wemay be able to show that the neighbor gothis <.r her information from Mrs. Leak, orI in another neighbor who heard itfroma neighbor who got it directly from aneighbor who received the information

:rs. Leak's lips.Even Mr.Dickinson does not deny that

a fishir.tr expedition, but by castingbia line over sr.ch a wide extent of sea, andbaiting it with remote possibilities, hemight, perchance, catch a' clew that wouldlead up to information showing that Mrs,Leak had spoken about her testimony ttf

some other person aside from those namedby the lady. Judge Murphy has alreadysaid that he does not consider such acourse competent under the rules.

THE MORNING SESSION.Miss Cunningham Does Not Go to

Jail-Pastor Gibson IdentifiesHis Handwriting.

"Call Miss Cunningham," said JudgeMurphy, when court convened in themorning.

There was a moment's waitine; then asmall woman walked demurely down theaisle to the witness-sta:id beside JudgeMurphy.

The court—lunderstand, Miss Cunningham,that the question asked you last evening wasas fohows: "From whom, then, didyou obtainthe information?" Iunderstand that you re-fuse to answer the question

"Witness— Yes, sir.The court—Do you still insist upon the ques-

Mr.Dickinson—Yes, sir.The court—lthink It very doubtful that the

question is proper, butIdetermined last even-ing to be safe and err on the side of the defense,if at all.

Now,Ihave given this matter very seriousconsideration. 1am bound to give this defend-ant the fullbenefit ofevery possible point thatcan throw lightupon the subject of this inves-tigation,butIam almost settled in the opinionthat this question is improper.Iwant to commit no error, if possible. This

lady anchor?; her^lf upon what she thinks isnor right under the law. Now the power ofthe court, to punish for contempt is no ar-bitrary power. Ifshe be right ivher positionthe court has no power to compel her toanswer. In the case of ex parte Zehandler,reported in 71 California, the court impris-oned a newspaper reporter for refusing todivulge his information as to an article he had

"Have you any recollection of having writ-ten it?"

"No special recollection. Itlooks very likemy writing."

Dialogues like this occurred with eachspecimen of handwriting exhibited to thewitness. Mr. Gibson remarked repeatedlythat as the specimen had not remained inhis possession he could not swear but thatsomeone else had written them in imita-tion of his own hand.

Nevertheless all the specimens were of-fered in evidence as examples of the hand-writing of the witness— the contents of thepapers not to be taken into consideration.

Witness was shown his own signature ona small piece of paper, but he would notidentify it any more positively than theother specimens.

He was then shown a small piece of pa-per with "George 11. King"on it. He aaidthat it looKed very much as ifhe had writ-ten it. Then another slip with "ProfessorSchwerenstein" on it. The answer was thesame.

"Didyou not write these three names duringyour examination at the Police Court?" askedDickinson, showing the witness three otherslips of paper with the same names written inlead pencil.'

'Irecollect writing the names inink,butnot those inleadpencil."

Mr.Barnes— The question has been answered,but Iwould like the record to show and thewitness to know that he was not examined inthe Police Court in this case.Mr.Dickinson—lwas notaware of that.Mr.Harnes (pointing to where Attorney Mon-

teith sat)—lwould like to ask if Mr. Mo'n«eithis to be called as a witness. Isee him in thecourtroom.

Mr.Dickinson— He willnot be a witness.Mr.Barnes

—What kind of a pen do you use,

Dr. Gibson ?"A Wavcrly pen.""Have you one withyou ?""Yes, sir.""Please sit at the clerk's desk, here, and

write from my dictation."

Witness did as requested and wrote fromthe followingdictation:

"SAMFrancisco, October 4,1895.".Vy Dear Mr.King: Ihave just had a con-

versation with Troressor Schwerenstein. Heinformed me that he has justvisited the resi-

written. He sued out a writ of habeas co-pusand the Supreme Court released him, holdingthat the Superior Court Judge was wrong inimprisoning the witness, because the questionthat the witness refused to answer was not per-Uuent to the issue.

Now, itis a serious matter to deprive a per-son of his liberty, yet the court undoubtedlyhas the right to enforce its rulingsupon anobstinate witness by sending the witness tojailuntil the question is answered. This ques-tioncan, of course, be onlyadmissible for thepurpose of impeaching the witness, Mrs. I^eak.Now,how can it be said that this contradictsor impeaches her? On the contrary, Mins Cun-ningham's testimony rather corroborates thatof Mrs. Leak. 1 am led almost irresistibly tothe conclusion that the question is notproper.Iwill,however, hold the matter in abeyance,and in the meantime if there be any plausioletheory upon which Itcan be argued that thequestion is admissible, Ihope counsel willpre-

sent it to me. As the matter now impressesmeIcould not allow it, and Ifeel that Iamnot straiuiug a point in taking the matter un-der advisement.

Mr. Dickinson— Until when, your Honor?The court—Until Monday or Tuesday. Ibe-

lieve Monday is a holiday.Mr. Dickinson—lunderstand your Honor's

remarks to mean that the question is only ad-missable as impeaching Mrs. Leak. Mrs. Leaktestified quite Inextenso the manner in whichher information was imparted to the prosecu-tion. Now, mightit not be that we can provethioqgh this witness that she had spoken toanother person or to others than those shenamed. Surely that would lay the propergrounds for impeachment. Though this is inthe nature of a fishing expedition, Ihold thatitis a proper one under the circumstances, andthat to uphold the witness in withholding theinformation would be to give itthe characterof aprivileged communication.

The court— You have the fact that Mrs. Leakmade disclosures concerning her testimony totwo pereons— her daughter and to Mrs. Henry.You have a right to call anybody else to showthat she also spoke to them. Iknow of norule of the court that would admit as propersuch a question as this, where the witness hasalready said she had no communication withMr*.Leak, the witness sought tobe impeached.Ifthere is such a ruleIhope counsel will pointit out. Ifhall postpone a rulingon the casetillTuesday morning.Mr. Dickinson— We take exception to the

rulingof the court.The court— But there has been no rulingyet.Mr.Dickinson— Then we desire an exception

to the action of the court.The court— You are entitled to that. Call

the next witness.F. A. Sademan, who was janitor of Em-

manuel < hurch between October, 1894, andthe latter part of Aprilof this year, wasrecalled.

Mr.Dickinson questioned him consider-ably conorning the ventilation of thechurch. Witness said he op*ned the win-dows and belfry door to get proper ventila-tion.

"When was the last occasion prior to April3that youlit the gas In the church?" asked Mr.Barnes upon cross-examination.

"The Sunday evening before."Arthur Carroll, who has been janitor

of the church since July last, wj»s sworn.He testified that he opened the windowsfor ventilation. Since his incumbency hehad never been upstairs between the ceil-ings, and knew of nobody who had. Hehad not disturbed the ventilators. He re-ceived his keys from C, W. Taber.

Stephen Beverley Nourse, another of thesenior class medical students, was sworn.He said he did not answer for Durrant attue rollcall of Dr. Cheney's lecture. Hisnotes of the lecture were offered in evi-

dence.Then came the Rev. John George Grb-

son, and a sensation was expected, but dianot materialize.

His examination was confined to theidentification of numerous specimens ofhis own handwriting. None of these wouldbe identify positively, because the papershad not been in his possession.

"Well, whet is your best recollection?" per-sisted Mr.Dickinson again and again.

"It look* verylike it,"would be the answer.

deuce of Mrs. Charles G. KoDle, 209 21st St. i(put the number and the Itreet in figures).

"Yours truly,J. George Gibson."Below write:

" -"Mrs. Noble, 209 (in figures) 21st st. (in

figures) Btreet (abbreviated), City."

When the writing was finished Mr. \Barnes offered the paper in-evidence asI"people's e.xhibit 51 on cross-examination

of Dr. Gibson.""Have "you auy sermon or long' writingof

your own that you know to be your own?"asked Mr.Barnes. '\u25a0'\u25a0"\u25a0 :.v- :/»<•-•'.

"Yes, sir." ."'«,' J \u25a0••-' -•',r"Will you bring them into court this after- i

noon?"'

\u25a0

•Lv'.c

'•Why, of course." \u25a0Vl.;-;.j.The court— Better brins specimens of your

writingthat were writtenboth before and afterAprillast."Yes, «lr."Mr. Dickinson then asked witness to

write Mrs. M.N. Noble, printing the mi- itials »nd putting a capital B in the Noble. I

There was some misunderstanding as to :thie meaning of this on the part of the wit- |. ness, but it was finally explained to him |that he must follow the instructions andwrite the name in the manner wanted —

; with the capital B In tne middle of the lNoble. --r.>/

When this wasdone Mr.Dickinson askedwitness ifhe had in his possession thespecimens of his handwriting that werepictured in the newspapers?

Witness inquired whichpublication?•. The date was fixed by Mr.Dickinson as

last Saturday, and witness was instructedto bring those specimens into court in theafternoon, if he could rind them.L.L. Levings, a newspaper reporter, was, called to identify a published interview; withDetective Gibson, in which reference

was made to footprints in the belfry.• Mr.Levings could not identify the articles; as- his own, nor could he give any clew as; to its authorship beyond enumerating the'

men who worked on the case at that time.. .."Then the noon recess was taken.\u2666

REV. J. GEORGE GIBSON GIVES SPECIMENS OF HIS HANDWWKITINQ.[Sketched by a

"Call

"artist.}

THE AFTERNOON SESSION.Witnesses Testify to the Good Repu-

tation pome by Durrant—Mar-tin J. Quintan's Reputation.

In the afternoon there came severalwitnesses who said that Martin J. Quin-

'lans reputation for integrity and veracity jin Sonoma County some years ago was not Igood.

The first of these wag Barclay Henley, !the ex-Congressman and attorney. He jsaid he had known Martin Quinlan forabout fifteen years and had lived amonghis neighbors in Sonoma County. Quin-lan's reputation was bad, he said.

Upon cross-examination witness saidthat Quintan's reputation had not been Idiscussed very much. He remembered jthat A. Fitzpatrick, a client of his, had re- !cently said that Qtrinlan's reputation was Ibad. Reel Terry had also remarKed to \witness that Quintan's reputation was not jgood.

'"Would yon believe Martin J. QuinlanIunder oath?" asked Mr. Deuprey."Iwouldn't like to say as to that. A witness'credibility is largely governed by his interest I

in the matter."The court— Were the remarks you heard

about Quinlan with reference to his honesty?"No,bir; not as to his honesty."

Ransome Powell was the next witness.He is a resident of Sonoma County. He |said Quinlan's reputation at Santa Ros» Iand thereabouts was bad.

Upon cross-examination witness said hehad a friend who was once in litigationwith Quinlan.

W. A. Reed of Sonoma County did not

know the reputation of Mr.-Quinlan, or ifhe did ithad slipped his mind.

L. J. Hall of Sonoma County did notknow Martin J. Quialan, but had heard ofhim. What he heard was not toQuinlan'scredit, but that was a long time ago.

A. D. Loughlin, a Sonoma County at-torney, said that Quinlan's reputation wasbad.

W. C. Kellog, a newspaper reporter, oncethe editor of a paper in Santa Rosa, hadheard Quinlan spoken of in a way reflect-ing on the latter 's reputation.

The Rev. Mr.Gibson came back to thestand at this point. He brought with himtwo sermons, one written in March andthe other in September last. The onewritten before the tragedy was written bythe left hand.

Witness was shown the blackboard takenfrom the pastor's study in the church andintroduced by the defense. He said thewriting on it was in main verylike hisown. He would not swear to the hand-writing, however, and there were someletters on it that were unlike his and someof the others were badly blurred.

Witness was further sliown a slip of

ftaper that was taken from the churchibrary and asked ifhe had written it.itseemed to be in his handwriting, he

said, but beyond that he would not depose.Then came the witnesses to prove the

good character o! the defendant.P. D. Code was the first of these. Ha

had known Durrant for several years, andbad attended the same church. JJurrant'sreputation for truth and integrity and forpeace and quiet waa good, he said. Hehad not heard itdiscussed.

Albert H.Martin, manager of the GoldenRule Bazaar, said he had known Durrantfor seven or eight years, that Durrant hadvr6rked at the bazaar and that his reputa-tion was good. He had not heard it dis-cussed, but he kept a pretty close accountof his employes.

A.M. Davis was sworn. He said hewas personally acquainted with Durrant,who had worked tor him during the holi-days and at the fire sale at the bazaar. Henever heard Durrani's character discussed,but his reputation was good.

James McCullough said he had knownDurrant eight or nine years and that hisreputation was good. He had never hearditdiscussed prior to th« Bth of April.

John H.Sievers had known Durrant formany years, and had heard his reputationdiscussed about once a month for a periodof ten years, beginning when Durrant wasat school. Jud»e Murphy inquired whatwas the cause of Durrant's character beingdiscussed 30 often, bat witness did notknow.

Rev. J. Curnming Smith knew Durrantseven or eight years and knew that hisreputation was good. He had neverheard it discussed.

B. li. Keith had known Durrant forfifteen years and knew that his reputationwas good, though he had not heard it dis-cussed.

Alexander H. McDonald, who knewDurrant several years, had heard itsaidthat he was a "nice, ruoral young man."He knew that Durrant's character wasgood.

Donald Mackintosh is a neighbor of theDurrant family. After testifying to thegood character of the defendant Mr.Barnes asked him if his wife had notaccompanied Durrant to the Cooper Medi-cal College upon one occasion.

Witness replied in the affirmative."Didnot Mrs. Mackintosh make a statement

to you concerning that occasion?""Ido not recall that she did. Not in parti-

cular.""Uidn't she make a remark about something

that happened then?""Ithink not."Mr.Barnes then asked that the court in-

struct the witness to hold himself inreadi-ness to be summoned as a witness for thepeople.

Then Mr. Dickinson elicited the addi-tional information that Mrs. Mackintosh'strip to the college with Durrant was dur-ing a visit to that institution of a conven-tion of physicians and surgeons.

George H.Freiermuth said he had knownDurrant for several years, that his reputa-tion was good, and that about four yearsago he had heard itdiscussed with creditto Durrant.

Dr. W. Z. King, father of George R.King, the organist of Emmanuel Church,said the reputation of Durrant was good.His family was intimate with tue Durrantfamily. He had never heard Durrant'sreoutation discussed.

J. A. McCullough said he was a brotherof Draughtsman McCullouch, who drew

j the diagrams in the case for the defense,iHe was very intimate with Durrant, but,had not subscribed any money for the de-fense. He saia Durrant's character wasgood, but lie never heard itdiscussed.

H. Porter, an old schoolmate of Dur-rant, said he had heard the defendant'!reputation discussed at the college, andthat it was always spoken of withcredit toDurrant.

M. Vogel, the husband of Mary Vogel,:who testified for the people that she sawIDurrant in front of the Normal School

waiting for Blanche Lamont, was the lastwitness for the week.

Mr. Deuprey asked him what newspapershe took.

He subscribed for The Call, he said,and on Sunday bought all the papers. Hedid not, however, he Baid, very positively,have much time to read anything morethan the headlines. Both he ana Mrs.Vogel were very busy and read the papersbut casually. At night, after supper, heusually went straight to bed, for he mustbe up at 3 o'clock in the morning.

On Sunday he sometimes went fishing,or went to the park with his wife. Stie ,had her housework to do, and found butscant time to read.

"How long has Mrs. Vogel been wearingglasses?" suddenly asked Mr.Deuprey.

"She has never used glasses, that 1know of.""Isn'th?r eyesicrbt bad?". "It*very good.""Did you have an interview with a man

named Green infront of your residence on the27th of September?"

"Not thatIknow of?"Mr. Deuprey then described Mr.Green

indetail and witness said he didremembertalking to such a person.

"Didn't you say to him that you bought allthe papers?"

•*>o,tir.""Didn't you tellhim that both you and your

wife read all the testimony in the DurranttrialTery closoly?""Inever said any such a thing at all."There were no more witnesses in attend-

ance, and the court adjourned tillTuesdaymorning.

STILL AFTER DR. GIBSON.Durrant's Attorneys Seeking to

Cast Further SuspicionUpon Him.

The attorneys for Dnrrant are deter-mined, ifpossible, to compel Miss CarrieCunningham, the Chronicle reporter, todivulge the secret of the source from whichshe obtained the information from whichthe story of Mrs. Leak and the testimonyshe would give, was written ana published,itis the theory of the defense that althoughthe story is accredited to the police, it wasin reality furnished by Rev. J. GeorgeGibson.

Durrant's attorneys will therefore makea most strenuous "effort to carry theirpoint and compel the lady to tell whereshe got her information. Then, shouldthey succeed, and she Bhould say, as thodefense believes she willif she speak atall, that the story was given her dv Key.J. George Gibson, the implications thathave already been made against thateentleman will be as nothing compared towhat the defense willseek to imply.

For if they develop the fact that Dr.Gibson gave out the story they willadvance _by implication the theory thathe prevailed upon Mrs. Leak to believeshe saw Durrant and Blanche Lamontenter the church yard together.

Dr. Gibson has repeatedly denied thathe had any connection with the story.From his manner he is apparently littleconcerned as to any unpleasantness thatmay arise from implications drawn fromanything Miss Cunningham may tell.

There was a matter of singular interestin connection with the afternoon proceed-ings of the Durrant trial yesterday. Itwas during the taking of testimony to im-peach the evidehceof Martin Quinlan thata number of witnesses from SonomaCounty were called to testify concerninghis character. Among them was AlReed,who took his place on the witness-standand in response to the questions of Gen-eral Dickinson gave Quinlan a very badcharacter.

The singular interest attaching to theincident is that Keed, in company withJohn Bailiff,walked into the law office ofJames Z^oon at Santa Rosa one day in1886 and killed him for heving betrayedBailiff's wife, who is Piied's sister, andKoon was the friend and intimate asso-ciate of Quinlan when the latter was aresident of Santa Rosa. Reed and Bailiffwere tried for the killing of Noon, andspeedily acquitted on the ground that itwas justifiable.

THE B`NAI B`RITHSCHOOLFire Wardens Say It Must Not

Be Held In the Eddy-street

Building.

is Claimed That Economical Mem-bers Desire the School

Abolished.

Some discussion has been arousedamong the members of the IndependentOrder of B'nai B rithby the action of theBoard of Fire Wardens in this City. Theorder possessed, until recently, a schoolfor imparting a general course of secularand religious instruction to Jewish chil-dren whose parents are not members ofany synagogue, and who are, therefore,not entitled to tuition at the ordinarySabbath-schools.

The school was held in the basement ofthe B'nai B'rith Hall on Eddy street. TheBoard of Fire Wardens recently reportedthat this building is unfit for use as aschool. Itwas asserted, and itis not de-nied, th&t there is but one exit and thatdark, narrow and inconvenient. In caseof a panic the position of the 250 childrenattending the school endeavoring to getinto the street by means of one stairwaywould be extremely perilous.

The pupils of the school have been re-moved to a building on Mission streetpending some action on the part of thecommittee. Itis, however, charged on thepart of some prominent members of theorder that there exists a clique which isanxious to do away with the school on thescore ofeconomy. This would be a savingof $250 per annum. It is openly statedthat these members have used their in-fluence with the fire officials to get thebuilding on Eddy street condemned as apreliminary to abolishing the school alto-gether.

In the interim prominent members inB'nai B'rith have not been idle. Dr.Jacob Voorsanger has addressed the fol-lowing letter to a number of gentlemen in-terested in the question :

San Francisco, October, 1895.Dear Sir and Brother: In my opinion the

time has arrived fora more general dissemina-tion of the principles of Judaixm in Sun Fran-cisco, especially among tne children of onrcommunity. We are once more practicallywithout & school which may bo attended bythe children of our co-religionists whose con-tracted means prevent them from becomingmembers of congregations, it is indisputablethat we owe that class some consideration.

The recent action of the halldirectors of thoB. B. Hall has practically given the death-blow to the school, for some years in charge ofthe B'nai B'rith order. We must begin anew,under more general auspices, to found a per-manent school of religion for the poor inourmidst. With that object inviewIaddress thiscommunication to you as one of a committeeof thirty-six gentlemen whom Ihave invitedfor ft general discussion of the subject. Itrustyou will honor me with your attendance onnext Monday evening, October 7, at 8 o'clock,at the vestry-room of the Temple Emanu-El.Fraternally tnd respectfully yours,

Jacob Voobsangkr.

Itits expected that after the meetingmentioned has been held some practicalresult willbo arrived at.. I .*\u25a0*\u25a0*

~

llival Window-Cleaners.The men who go about downtown with pails

and bamboo ladders cleaning plate-glass win-dows are at present engaged ina vendettaworthy of the Tennessee Mountain?. How itwill end no man foresees, but the industryjust now suggests the flowicg: of more bloodthan window-washing water. One organiza-tion isGerman, the other Italian, and war tothe knife is threatened. Amanifesto sent outyesterday by one of the rivals advises "allgoodcitizens to beware aud give the Mafia window-cleauori and stiletto-wielders a wide berth andtender your patronage to the only reputablegentlemen in this business with unblemishedcharacters." The literary bureau of its rivalasserts in blood-curdling language that itscompetitors form "a conglomerated aggrega-tion of uncongenial, unreliable and unkomptpersonifications of humanity," and calls onthe public to distinguish "between skilled andamaieur manipulators in the art of window-polishing."

Feast of St. Francis.

Church, Army and Valencia, streets. The cele-brant, deacon and Birtwleacon of the mass wereDominican fathers. Father T. Caraher, Mis-sion San Jose, preached the panegyric of thesaint In English, and Father Mueller, S. J., inGerman.

Dr. Lilienthal'« Will.Dr.James E. Lilienthal, who died on Septem-

ber 27, left a $35,000 estate. By a willfiledyesterday the property Is bequeathed to AlbertLilieflth&lof New York and PhilipN.Lilion-thal, Je*se W. Linenthal and Ernest K.Lilien-thal of this City.

JOHN W. MACKAYIS SUED.Made a Defendant in El

Dorado County MiningLitigation.

A CONSPIEACY IS CHARGED.

Joel T. Smith, John D. Bancroftand Robert M.Green Ask Heavy

Damages.

John W. Mackay was made a defendantin a $200,000 mining suit, involving a valu-able group of mines inEl Dorado County,that was riled in tho United States CircuitCcurt yesterday. No service of the papersin the case has been had and the complainthas not as yet been made a part of therecord of the court.

The plaintiffs are Joel T. Smith, amin-ingman from Montana, John D. Bancroftand Robert M. Green, and the defendantsEdward Bind, Leonard Reeg, A. Head,John W. Mackay, John Doe and RichardRoe.

The complaint seta forth that on May20, 1805, Smith made an agreement withthe defendants Bind and Reear to buy anumber of mines for $60,0(50. The proper-ties included were the Blue Gouge, Flem-ingExtension, Procop, Rocky Point, Westand Park, all in the Pleasant Valley min-ing district. A half interest in the Bo-nanza mine and the water rights belongingto the entire group were included inthepurchase. Smith was to pay $1000 on July5, 1895. $11,500 on August 1,1885, $7500 onSeptember 1, 1895, $10,000 on October 1,1895, $10,000 on November 1, 1895, and$20,000 on January 1. 1896, and to take pos-session at once, all proceeds from theoperation of the properties to be appliedto the purchase price.Itwas also stipulated that the agreement

to sell should De dependent upon a bondexecuted on May 6, "1895, by defendantsReeg and Bind agreeing to "sell the prop-erties to plaintiff Bancroft for $55,000,$30,000 of which was to be paid before July1. 1895. and $25,000 on or before September1, 1895. Later the original agreement wasmodified to allow Smith to pay $1000 down,$15,000 on September 1,$22,000 0n December1and $22,000 on March 1, 1896.

Then Smith took Bancroft and Greeninto the deal as equal partners and a pur-chaser for the entire group was looked for.In the meantime a verbal extension of thetime for making the payments was ob-tained from Bindana Reeg.

Negotiations were opened with a num-ber of capitalists looking for investments,and John W. Mac&ay was finally ap-proached ana offered the group for $250,000cash. He employed experts to go over theproperty, including the defendant, Head.

The complaint goes on to say that onSeptember 15 the experts visited the claimson which the plaintiffs had already ex-pended a large amount of money in de-velopments, and spent several days in ex-amining them.

While there, the plaintiffs claim, the de-fendants conspired to negotiate a sale ofthe mines, ignoring those who had bondedthem, and entered into an agreement bywhich the properties were to be transferredto Mackay, through his agents, for a sumseveral thousand dollars less than the priceoriginally asKed Mackay by the plaintiffs.

This arrangement is said to be on theeve of consummation, and the court isasked to grant an injunction preventingReeg and Bind from selling the mines toMackay and compelling the latter to ceasenegotiations.

The plaintiffs claim that through the ac-tions of the defendants in refusing to keepto the orginal agreement they have beeninjured in the sum of $200,000 and judg-ment is asked for that amount.

Defendant Mackay is said to be at themines, which are considered among themost promising in El Dorado County.

W. 6. Scott is attorney for the plaintiffsand will be assisted by H. N. and R. P.Clement as counsel.

JUDGE BELCHER'S WILL.Diftposal of the Eminent Lawyer's Es-

tate, Which Ig Valued at8100,000.

Ex-Judge William C. Belcher, who diedin this City on September 1, owned anestate that is valued at $100,000. His willwas filed last Tuesday at Marysville.I.S. Belcher and John H. Jewett are

nominated executors, and to these is be-queathed nearly all the property, to beheld in trust for the following purposes:

To close up all the business of the estate; topay to the testator's aunt, Phcebe VV.Brooks,.*<>OO a year; to pay his sister, Mary J. Belcher,$50 a month as long as she lives: to pay hissister, Charlotte M. Whitney, $600 a year forthe education of her nephew, William B. Whit-ney: to pay the expenses ot thd education ofhis niece, Ann Belcher, at Wellesley or anyother college, provided that such expensesshall not exceed $WK) a year; to pay to AnnB«leher, at the completioa of her education,$8O00 ; to Alice Belcher and Mattie Belcher,nieces, $8000 each; to pay to William B.Whitney, at the completion of his education,.*8OOO: to Edward Belcher, another nephev/,¥8000 ; to Mamie and Bessie Rogers, nietjes,$5000 each ;to pay the income of $10,000 tothe testator's sister, Charlotte; to pay MinnieA.and Hattie Taggart, $5000 each.

The Marysville library is to receive$1000 and the Gaysville (Xrt.) library booksand $10,000. I. S. Belcher, a brother, isto hold the testator's interest in the familyhomestep.d at Stockbridge, Vt., for a sisterand her husband. The residue of the es-tate willgo to the University of Vermontfor the purchase of books.

California Quartet at St. John's.The well-known California Quartet will

sine at St. .John's Presbyterian Church to-morrow morning. The quartet has beenengaged for services in that church for theensuing six months. It will doubtless provean attractive feature of that popular place ofworship. ________________

BACKACHE.From the Press, New York City.

Few people have suffered more frompain inthe back than Mrs. Lillle B. Newell of No.2313 Second avenue, New York City. Forseveral yt>ar*she was so afliicted with this dis-tressing malady that she wan hardly able toget around, and couid do little to caro for herchildren, which made ncr suffering all theharder to bear. Her husband, Charles New-ell, who is a well-known New York optician,tried in every way to find a remedy for hiswife, but no medicine seemed to hare thepower to remove her pain.

Mrs. Glynn,a sister of Mrs. Newell, is a pro-fessional nurse, and was familiar with thesymptoms of her sister's sickness. Mm. New-ell was away on a visit when a reporter calledupon her, but Mrs. Glynn, who lives at No. 416East One Hundred and Twentieth street, toldthe story of her sißter's recovery.

Adoctor was called when Mrs. Newell's con-dition became serious and he prescribed smallpink pills, which,ina short time, relievea thewoman's pain as no other medicine had done."After a while," Mrs. Glynn told the reporter,"Vfdlearned that the medicine the physicianwas giving my sister was nothing more thanDr. Williams' Pink Pi'.ls for Pale People.Knowingby experience how excellent a reme-dy these pills were, Mrs. Neweil bought someat a drugstore and continued taking them.The effect was most gratifying, for in sixmonths my sister was perfectly well, and thepain inher back was nothing more than anunpleasant memory. Both she and Ihaverecommended the Pink Pills to other people,who have not failed to find them all that isclaimed. All the doctore my sister had beentreated by, before taking the pills,had doneher no apparent good."

I'ink Pills are sold inboxes (never in looseform, by the dozen or hundred, and the publicis cautioned against numerous imitationssold in thrs shape) at 50 cents a box, or sixboxes for $2 50, and may be had of all drug-gists, or direct by mail from Dr.Williams'Medicine Company, Schenectady, N. V Theprice at which these pills are sold makes acourse of treatment inexpensive as comparedwith other remedies prmedical treatment.

THE SAIS FRANCISCO CALL, SATURDAY, OCTOBER 5, 1895.

NEMF TO-DAT.

A : IGREATPAPER._ ;

TO-DAY'S ;

News Letter.It's as good a3 the play to read

\u25a0r "Pleasure's Wand."The incisiveneas of the editorials \u25a0

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Every department is brimmingover with delightful personalities.

Take a copy home and makeyour wife, your sweetheart andyourself happy.

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HUDSON MEDICAL INSTITUTE.Istockton, Market and KIIUSt«.,

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ChildrenTo=Day

We are going to surprise you. We haveoffered many astonishing Bargains inChil-dren's Clothing but TO-DAY is the dayof days; TO-DAY we snail outdo all fdr-mer efforts.

53.50.A new line, jnst opened, of

Reafer suits, in blue, brownand gray, with wide braidedcollar. Handsome: somethingany boy willbe proud of.

151.50.I

Short pants suits, double-breasted, neat plaids. Wewere astonished that we could Isell them for that, and youwill be too.

55.00.New Fall patterns in Boys'

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You must see these to appreciate them—see them in the Broad Daylight in ourstore. Everything as light "as if it wereoutdoors.

H. ROMAN & CO.,The New Daylight Store,

COR. MARKET AND FIFTH STREETS,Open To-night tillIIP. n.