The record-union., 1895-12-07
THEODORE DURRANT.
Judge Murphy Denies His COunSeFS
Motion for a New Trial.
ORDERED TURNED OVER TO THE
WARDEN AT SAN QUENTIN.
There to be Kept In Close Confine-
ment Until the Day of His Execu-
tion, for Which No Time Has as
Yet Been Fixed-Remarks of the
Judge in Denying New Trial and
Pronouncing Sentence.


H. T. Durrant, convicted of the murder
marks, the court asked Durrant if he
had anything to say.
General Dickinson replied for him,
stating that the prisoner had nothing
whatever to offer. Judge Murphy then
ordered Durrant to stand up and said
he heartily approved the verdict of the
jury. mo fair, conscientious and honest
jury could have arrived at a different
result" said the court. I'm the business
OF your conviction the court expresses
its full and entire concurrence Indeed,
the verdict thus rendered was the nee
essary and inevitable conclusion re-
sulting from the evidence of your guilt
as disclosed at the trial. There are
no circumstances to mitigate the atroc-
1ty of your crime. 1t stands almost
without parallel and without the SEM
blance of palliation. If as is claimed by
the prosecution, you caused the death
OF the deceased in a feloniouS attempt
upon her virtue, then, indeed, do you
richly deserve the punishment to be
lawarded against you"
Judge Murphy then ordered that Dur
rant be turned over to the Warden of
San Quentin Penitentiary within ten
days, and to be kept in close confine-
ment until the day of his execution, for
which, however, no time was fixed
Durrant heard his fate without the
twitch of a muscle He stared back at
the j. dge as defiantly as though he
were being arraigned on some trivial
charge of contempt of court. When it
was all over he sat down, leaned over
to his father and smiled.
In denying the motion for new trial
Judge Murphy said:
In view of the fact that human life
is involved in this case, and with an
earnest desire to do exact justice to the
def ndant | have, since the verdict was
rendered by the jury, given the same
the best thought and consideration that
l am capa bic of. So that nothing
should escape my attention | have twice
reviewed all the testimony in the case
and every ruling made by the court
during the trial. l have carefully con-
sidered the charge given by the court
to the jury, and have given full consid-
Grafton to the aff1davits filed herein on
the motion for a new trial, and to the
argument of the learned counsel in sup
port thereof 1 have examined all the
authorities cited, bearing upon the va
1 various grounds stated and relied upon
for the new trial.
IF I were satisfied that any injustice
had been done the defendant during the
I, ror affecting the substantial rights of
the accused had been committed, /
would without hesitation grant him
new trial, whatever the consequences
might be to me personally or whatever
criticism might be invoked thereby. /
am, however, convinced no injustice
has been done him and no such error
was committed, but, on the contrary, 1
am satisfied that the defendant has had
a fair and impartial trial; that no right
accorded him by the law has been in
vaded, and that the verdict arrived at
by the jury upon the testimony sub
mitted to them in this case was a true
and just verdict.
"Such being the deliberate conclusion
arrived at, there is but one action that
the court can take. and that is to deny
the motion for new trial, and said mo-
tion. is accordingly denied"
The court then pronounced the SOL
emn judgment in the following terms:
1T now becomes the duty of the court
to award against you the judgment
which the law affixes to the crime of
which you have been convicted.
'In the brief and simple, but express
sive language of our Penal Code, it is
enacted that every person guilty of
murder in the first degree shall suffer
death or confinement in the State Prison
for life at the discretion of the jury
trying the same In your case the jury
failed to exercise any discretion by re-
turning the verdict, Guilty of murder in
the first degree, hence there can be no
other judgment pronounced by the
court than an that hat, of death thha,no. oeton.a
the taking of the life of Blanche La
mont, with deliberate and premedi-
tated malice aforethought. you have
been found guilty The jury, who by
their verdict, thus pronounced, were a
body of as intelligent, painstakng and
conscientious men as were ever impan-
elled in a court of justice They were in
dependent men of mature age, and of
large experience in the affairs of life
They gave their undivided attention to
the testimony in the case and the entire
proceedings during the trial, and in ar
irving at the conclusion they did were
impelled with the sole and only desire
TO do exact Justice That the conclusion
they arrived at and the verdict they re-
turned was just and true the court has
no doubt.
And now, after a deliberate and
careful review of the entire evidence ad-
duced at the trial, and looking at the
case in every aspect. the court is forced
TO the conclusion that no fair, con-
scientious and honest jury could have
arrived at a different result. In the
iustness of your conviction the court ex-
presses its full and entire concurrence.
Indeed. the verdict thus rendered was
the necessary and inevitable conclusion
resulting from the evidence OK your
guilt. as disclosed at the trial.
There are no circumstances to miti-
gate the atrocity of your crime; it
stands almost without parallel and
without the semblance of palliation.
rf. as claimed by the prosecution, you
caused the death of the deceased in a
felonious attempt upon her virtue,
then. indeed, do you richly deserve the
punishment to be awarded against yon.
"The deceased, Blanche Lamont, was
a young and inexperienced school girl,
and from the position you occupied in
society, and particularly to the church
Of which she was an attendant, you
undoubtedly gained her entire conf
dence and trust; that she entered the
church with you during the afternoon
of April Sd last is proved beyond all
question and that she never left it
alive is certain. In accompanying you
10 said church this poor girl could have
10 idea that you would attack her vir-
tue or do her wrong, and / am led to be-
lieye that you did cause her death in
assaulting her virtue, because no other
possible motive is discernible; the
place the circumstances and all the
evidence points, with almost unerring
, certainty TO this onr conclusion.
The testimony in this case suggests
the thought, and the history of the
, crime demonstrates how clearly lust
and evil passion, when once indulged