Felix Cherniavsky - Theo Durrant

Added 18th Mar 2022 by Beth Dobson (Archives and Programming Assistant, DCD) / Last update 18th Mar 2022

Maud Allan 861b 51 2008-2-57.jpg
Maud Allan 861b 51 2008-2-57.jpg
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Felix Cherniavsky - Theo Durrant

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Maud Allan Research Collection
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. ** Do you know of any reason why you could not give the defendant a fair trial ? " " No , sir : I do not . " * You are aware , of course , that the crime charged to the present case is very heinous in its character . But the fact that the erine is a borrible one would not interfere with you doing your wbola dunia siving this berkendare charles Clarke the Under the piantine by counsel for the defense in the Durrant trial resterday it I'm not imposing on anybody . " " I don't like that remarks said the Court . appears to be the parpose together under Mr. Lippmann was not excused . obe roof all the editorial talent that can be S. B Hardenburg of the Baldwin Tiotel zounded up in San Franciso to reegsobe pleaded that there was nobody else to attend astructions of the Court to the desk there except his subordinate . That appears to be one result of the sete The Court would not excuse him . HOSTON ( M ) . Augun 8 - Charles H. The clerk then proceeded to draw four evaference between Judge Murphy and the alesmen to fill the box prisoner a fair and impartial trial Clark of Ban Francisco had another inter . counsel for the prosecution and the defense D. C. Gray , formerly the keeper of a res . pating interview with Commissioner Lew This oddiy - assorted combination is acting taurant on Geary street , and now residing Mt Hooper was passed by both sides . Farmer to - day and Bont trend 11:37 It was noon and there were two talesmen och a montit : 30 pm , Harring The Court together with all the unanimity of a happy at $ 02 Jones street , was satisfactory on the passed by both sides in the box family that transcends the wonders of circus questions of capital punishment and rir fitte , in that seatleman's office , * T asked the counsel in the case to exercise street soology Citations are to be issued to every cumstantial evidence . He had known Gen. It was axpected that only the tons which remained unanswered yesterd editor in town to appear and be lectured on their right to challenge in the case at that eral Dickinson about four years ; kuew him time if they so desired . The defense was were to be asked , but Me Farmer looked up Mr. Grav had been on the powers and duties of courts and the rela in a military way satisfied with both Mr. Hooper and Mr. Gray , the law last night and found that because tions of the press to the publieation of mat General Sullivan's staff , but was not now but the prosecution challenged the latter new paper reporter had been present and ter bearing on a trial in progress . The es . a member of the National Guard . He bad peremptority Bad hand every question asked and a twemed contemporary will meet his loath- not been acquainted with any member of r . Hooper s sworn as the eighth juror * wered yesterday , the deposition , so far as it some riral under the magisterial eye , and the Signal Serviee Corps so far as he knew Jabacase . W ** aken , waa illegal So Mr Clark went General Dickinson will keep the peace " You read the evidence before the Coro The reason of the challenge of Mr Gray over the ground again , the Comraisaloner Yesterday morning Mr. Dickinson had his ner ? " inquired Mr. Deuprey . by the prosecution was not apparent , unless convencing at the top of the list of questions client swear to a stack of a da vits and pre " I read pretty much the whole of it . " it was that he had known Mr. Dickinson in und running straight own . The slip of ented the barrest to the Court . He craved " You took the testimony to be true ? ' ' & military way . allowing third party to be present result further time to allow the ainda vit mill to " Well , I read those matters very consery Everybody expeeted that when court ext , therefore , in a delay of about two burs , cool off a hot box betore it could grind out atirely . " That was why the work was not fired un opened in the afternon the Judge would issue another grist . Judge Murphy thoughtfully " Have you formed an opinion as to the Use ate the citations asked for by General Dickinson , the documents in a sack and asked for guilt or innocence of the defendant ? " The cross questions which were put to - dias but bis Honor said never word about the Dome Tbe a sda vits are made the basis o : " I never have ; I am not prejudging the for the first time , commenced with : " Did you affidavits , and ordered the impanelment of petitions for citations to call the editors of cose at all . " ever tell anything about the ce to Private Jarors to go od only took four venire The Examiner " and other papers before " Do you give more weight to circumstan The first of these was Detective Thomas W. McFarland or Detec men to Bit the box . tart Mr Dickinson wanted time to tial than to direct evidence , as far as your Buchanan tive Morse or did you discuss it with any ono * R Fenkhausen of 12024 trepare other affidavits and citations for views are concerned " inquired Deuprey . conected with the latter's detective agency street . It happened that Mr. Fenkb3usen other editors , so that none should be slighted " Well , I think good circustantial evidence or attorneyu ? " left the city the day Blanche Lamont's body and no partiality shown . The andavits re The answer was NO is better than the general run of positive was found , and a long spell of illness nade edte various forms of delinqueney charged Then the inquiry switch on to Me evidence , for circumstantial evidence car bio miss most of the publications about the against the newspapers . The eitations asked ries with it a conviction that is not en . He had Clark's acquaintance with Attorney Deu . Ce : His answers were flawless . ley He said he had known hi mabout for yesterday ran in the proportion of four tirely dependent on identication , like posi . Do opinion ; would accept eireumstantialey three yearm , by night ohly . He had spoken toru to one reporter . tive evidence , I understand myself cor Idence , and bad no objection to the death a few words casually to hiru during that Atter the little furry caused by Mr. Dick- rectly . A person is liable to be misled ; a penalty . He had only discussed the case time , but had never had any business or seria inson's paper assault on the press the exam- witness may be misled in the character and w his wife . eus conversation with him The distanco ination of talesmen proceeded , and the day quality of his statement on the witness Mrs. Fenkhausen bad & very positive between the residences of the two men is zested in the addition of two more jurors stand through mistaken identity : that I at opinion , I suppose , " said Mr. Deuprey , pleas ne block he said . seren previously impaneled tribute to what is called positive evidence : antly . In answer to questions as to what socio be seven preriotisiy impanelerdi . but in cireumstantial evidence , as I under No. str . " newered the venireman . ties and orxanizations be belonged to Mr. and M. Gregoire , a clerk in a Post - street stand it , the chain of events and the condi Mr. Deuprey led the talesmen a long chase Clark said to none except the Olympic Club bookstore . Fire more jurors will be re- tion of circumstances are more reliable than after his view of circumstantial evidence , " I am certain that no interesant has ever quired , making fourteen in all , as provided the statements of witnesses in positive evi For sau and finally agreed to take him . been offered to stay away from San for by the law of last session , some days ago dence reason - possibly that he attes Fransisco during the trial , " he remarked . printed in these columns ** You understand that great care should man should be so and then went on in response to the ques . Bome surprize was expressed because the be taken in drawing inferences from circum tions : prosecution peremptorily challenged D. C. stantial evidence ? De District Attorney was doubt- " I am not remaning outside of the jurisdic Gray . who formerly kept a large restaurant " Yes , sir , especially wnere a man's life is ful . tion of the State of California because I am Cenry street . Mr. Gray answered in " There is nothing . Mr. Fenkhauser , to unwilling to present myself as a witness and what appeared to be a satisfactory way all undergo cross - examnation . prevent you from giving this defendant a I saw Merson Suppose said Mr. Deuprey . " that there the questions put by both alces , and was fair and impartial trial ? " I think was Blanche Lamont on reet peaed by oth were twenty essential elreumstances neces To be sure he ball known " No , sir . ' car , but I am not sure of the day , e that sary to make a chain of evidence and that General Dickinson in a military way . " but it was in april . I do not remember how she " Would you not be swayed by any feeling one of those cireumstances was missing . not military enough to hurt . Mr. Gray was was dressed or how she wore her hair . I did of sympahy or compassion for the defend would you take the other nineteen circum a commissary and Mr. Dickinson a Briga not ser ang parcel in her hands , but she had ant or his family ? " stances and seek to frame the other link ? dier - General , and they were no nearer than some books not tied together . I do not know " No , sir . If you had a reasonable doubt as to one link the First and Second Brigade Mr. Gray her sister nor her aunt nor any member of selfvered an ostrutive lecture on the ne . would you give the defendant the benefit Mr. Barnes thought hard for a few mo her family . I do not know Mrs. Edwin Har ments , and then , as it by inspiration , asked : | vey or Westboro , Mass . of that doubt ? ture and value of circumstantial evidence . I do not know Dr. and it is possible that Mr Barnes thought " If it was a vital link I would give the " Are you on the last assessment roll of Edwin Harvey of Westboro , Mask , and have be knew too much for a juror and not prisoner the benefit of the doubt . " real and personal property ? " never had any conversation with him . I do You are aware that in matters of identi The venireman did not know not know Wallace Thompson , son of Judge canoni Dietason had beerui of sinda ication witnesses are liable to more mis So they sent for the Deputy Assessor and Thompson . " to yesterday morning to present to Judge akes than in any other character of testi proved that he was not on the assessment The question as to how he fixed the date , it He wanted citations issued to nony ? " went on Mr. Deu prey . rolland on this score the District Attorney's be testified that he saw Blanche Lamont the editor and city editor of The Examiner " Yes , sir ; that is my opinion exactly I challenge was allowed . the street car with a strange young man ad to Mr. Barrett , a reporter , and he should weigh it very carefully . I would J. R. MeGaughey ot Ensign & MeGaughey . In the afternoon of Wednesday , April 3d , wanted citations for the editor and eity edi zive the defendant the same treatment as I the oil firm , felt that he could be fair , but as not asked , because he prevously testi sor of the Chronicle would expect in a like case mysell . " he said that his hearing being imperfect he led that he was not certain of the day . The amdavite on which the petitions were Mr. Gray was passed temporarily by both would not like to sit on a jury unless he The only other question of importance based were sworn to by the defendant . Judge sides sked during the afternoon concerned Mr. could hear every word of the testimony , lark's business relations with Joseph D. F. P. Hooper , lumber dealer at 4 Caltfor Murphy took the sworn iterature and had and so they let him go . Myer & Co. of Salem , Or . The question had It stacked up This was one of the occasions na street had read the testimony before the A cast - iron opinion got M. Jacob originally something in it about whether chich the Court did not require the pub Coroner , and presumed it to be true . He sion dry goods dealer , off , and t Clark had or had not ever embezzled money ile reading of the documents . He said he did not think he had formed an opinion Zellerback of Zellerback & Sim from that Orm , but it had evidently been would carefully consider the applications from what he had read . de , ce up . He said he à amended by the court so that it amounted to query as to whether he had or had not ever would announce his decision later . The " Don't you think it would require evi worked for the firm , and as to what his busi davits were not at that time given out for dence to remove the impressions you have ness relations with it were . publication . tormed ? " inquired Deuprey . Before Mr. Dickinson made his applica " I could try the case as well as if it were tion the Judge put in his usual melancholy all new to me . ** protest against the manifest indisposition of " Have you ever expressed any opinion on entre mon to serve , and then invited to the front those who thought they had excuse . the case ? No , sir . They cao in battalions . They were of the militia , they were omcials of one sort Did you ever hear of a case where a man otber , they were sick , sore and sorry . was convicted on circumstantial evidence and was hanged , and it was proved later u bankruptcy lared them in the face sould they be compelled to serve as jurors . that he was to nocent ? ** Inquired Mr. Deu For one sokid bout by the clock they name prey . so , and after half a dozen batches had been Never , except in novels , " said Mr. Hoo 0n , the Court remonstrated : per . Oh , den tinrite thema , Mr. Clerk . " " Do you know that people are liable to be They had their hands up . " said the Clerk , mistaken in matters of identication ? " with a pria " Yes , air . M. Lippman offered a doctor's certificate Don't you know that many people are 93 - health color - blind , and that in the shipping busi Doctors ' certificates go #vay Istle way ness they have often to be examined as to me , " said his Honor . " You look like their fitness in this respect ? ' etty healthy an . Your attendius to ** Well , I don't think there are many men business every day who can't tell a green light from a red one . at regularly " They are much more liable to be mistaken O , well , you do it at intervals . " 28 to Dersons . Lippmann and something about it pontion for a man to be kept on OVER

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