The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-12
THE WAR; RANT is SIGNED.
February Twenty.frst Set for
the Day of Durrant's
Execution.
IT IS ONLY A LEGAL FORM.
Judge Murphy Denies an Application
for a Writ of Probable
Cause.
IT IS ONLY A LEGAL FORM.

The death warrant for Theodore Durrant
has been signed. 1t sets the date of execu-
ton for Friday, February 81, 1896. A GER
titicate of probable cause has been denied,
and an application for stay of proceed
ings will be passed upon to-day. If that be
denied Durrant will be behind San Quen-
tin bars tonight.
The application for certificate of prob
able cause was made to Judge Murphy
yesterday morning by General Dickinson.
He appeared and FLED his motion, supple
menting it with only few words of ex-
PLANTATION. He dwelt briefly upon what
the defense claimed were errors i'll the
trial and on the attitude of the people and
the press. Mr.. Barnes made no argument
on the motion, and then Judge Murphy
announced that the certificate would not
be allowed
In making his ruling Judge Murphy
said it was matter of compulsion for a
Judge, having sentenced a prisoner to
death, to order him sent to San Quentin
within ten days after Judgment had been
prom ounced. He instanced the opinions
in the Fredericks case as his authority
and expressed the opinion that Durrant
would lose none of his legal rights, and
would be subjected to no injustice, if he
were ordered sent to San Quentin instead
of being allowed to remain in the Jail.
Then General Dickinson wanted to
know if the cath warrant was signed,
and upon learning that it had not been
he asked for delay in that particular. In
doing so he announced that the Minnie
Williams case would come up early in
January, and it would be better to have
the defendant in the County Jail under
those circumstances. He wanted time tn
appeal to the Supreme Court for writ of
probable cause, and so again requested
delay in the signing of the warrant
Judge Murphy then agreed to lay it aside
until evening, and then he signed it. In
the meantime no action had been taken
before the Supreme Court, although Gen
eral Dickinson and Mr.. Deup-ey were
closeted for over an hour with the Chief
Justice during the afternoon.
If the writ of probable cause had been
granted its effect would have been to keep
Durrant on this side of the bay until the
Supreme Court had rendered its decision,
ami if the Supreme Court should allow
such writ the effect would still be the
same. If the stay of proceedings to be APP
piled for to-day be allowed, Durrant will
remain in the County Jail until the Su-
preme Court has passed upon the writ of
probable cause, but should the stay be de-
MED Durrant will go to San Quentin before
night.
General Dickinson's remark that the
Williams case would be tried in early jan
uary would appear TO set at rest the doubts
as to whether that case would ever come
before the court. 1t is not definitely set
tied, however, even now that it will do so.
Should it be decided to try the second
charge, the prosecution thinks it were
much better to have it over before the La
mont case would have been passed upon
by the Supreme Court, and consequently
if it be brought before that court az all,
January is as good time as any of the
early months of 1896.
But the prosecution has made no prep
arations for the coming trial of the Will
liams case, or at least no detailed prepare
tons, and Mr.. Peixotto, assistant District
Attorney, is still of the opinion that the
chances of the Williams case ever coming
to trial are doubtful.
The bill of exceptions in the Lamont
case must be settled during next spring,
and that will take a long time. 1t will
then probably be set on the July calendar,
and be argued then and decided in jan
uary, 1897, or it may be that matters can
be expedited and the case finished by the
end of summer, but in any case there will
be little time to spare for such a case as
the Williams case would prove to be; and
so it is not so sure that January will see it
before the courts.