The San Francisco call., 1896-10-23
DURRANT'S BRIEF
NOT SUBMIT TED
Attorney General Fitzger-
aid on the Famous
Appeal.
He Gave Notice That the Case
Would Come Up in Los
Angeles.
ORDER MAY BE MODIFIED.
Durrant's Attorneys Express Conf.
dence That Their Numerous
Points Will Be Heard.
ORDER MAY BE MODIFIED.

Attorney General FITZGERALD said yester-
day, concerning the order of the Suprem me
Court, in session at Les Angeles. to sub
nit the appeal of Theodore Durrant for
decision without briefs, that the action OF
the court has not surprised him.
II notified General Dickinson. said
Attorney General Fitzgerald, THAT
wanted to have the appeal disposed of by
the Supreme Court during the Los Angeles
session. did not want to have the case
drag along and was fully determined TO
proceed. Mr.. Anderson, Assistant Attor-
ney- General. has stated facts correctly to
the Supreme Court under request for in
formation. The facts are as follows:
1.-THE transcript on appeal was filed by
Durrant's attorneys July 90. UnGer the
rule of the court they had ten days in
which TO file their brief. On August Z,
one day before the time for filing the brief
had expired under the rule, the court or
dered that twenty days more time be
given. had previously refused 10 grant
the extension desired by counsel. The
order of the court gave the attorneys un-
til August % 10 make their filing. They
have never filed their brief with the court.
II have never had any understanding
with Durrant's counsel more than this:
G General Dickinson came TO me to ask Tor
further time. l at first refused to agree to
that. but subsequently did say that if the
brief should be put in within ten days that
would be all right. That put the matter
over until September Z. Some INSTALL
mrnts of brief were handed to me in
type written copy, but not all. / told
General Dickinson emphaiically that the
matter must be disposed of and would be
disposed OF at Los Angeles.
There were two things for them to do
at Los Angeles. One was to submit the
appeal on brief and the other was to have
made an oral argument if they so wished.
They have taken neither course. do not
wish it understood that | blame the attor-
neys. At the same time l wish it fully
understood that / made known to them
just what they might expect.
''The court can of course modify or set
aside the order for the submission of the
appeal without briefs. That is entirely
within the discretion of the court. When
notified Durrant's counsel about the
matter, all that | wanted was to get in
their appeal early enough TO let ME file
brief answer in time for the Los Angeles
session. would never have objected 10
their filing brief. even If long after the
ten days allotted, but that has not been
DONE"
The action of the Supreme Court has in
terested Durrant and his counsel alii:e, for
Durrants attorneys have been at work
preparing 235 points OF error which they
consider important. They have reduced
40 exceptions to the proceedings during
Durrants trial in the Supreme Court 10
writing. Eugene N. Deuprey said yester-
day that he believed that the Supreme
Court will give time for counsel to com.
plete their brief, upon which both he and
General Dickinson have worked. This
means that the facts will be fully presented
to the Supreme Court, which may act dif-
ferently when a life IS at stake than might
be the case under other circumstances.
A condensed history of the Durrant case
up 10 date is as follows: Information filed
against Durrant May z2. 1895; verdict
found Novembe 1, 1895; sentence of death
pronounced December 6. 1895; notice of
appeal filed Decem Der 8, 1895; transcript
on appeal filed in the Supreme Court July
20. 1896; court gave twenty days from
August to file points and authorities;
writ of probable cause granted by CHIEF
Justice Beatty Septem ber 5, 1896. The
records of the Supreme Court have no
entry showing that brief on appeal has
been filed, for none has been placed on
file.
While the order of the Supreme Court,
which, if not modified or set aside, would
shut out from consideration by the court
the 235 points of errors upon which Dur
rant bases the hope that his life NAV be
spared. or that be may have another
chance for his life, the general opinion of
lawyers is that the court will listen to any
that Messrs. Dickinson and
Deuprey may offer and show ciemency.
Mr.. Deuprey says that counsel have
been as diligent as possible i'll the.prepara-
tion of their brief on appeal. The arrange
ment with Attorney General Fitzgerald
was that the Attorney General should be
served with advance sheets of the brief,
and this mas been done as far as the work
has progressed. General Dickinson has
been assisted by other attorneys and the
brief contains strong points. There were
24i0 pages 10 go over and be carefully re-
viewed. and it was utterly impossible that
any such amount OF work could be per-
formed in ten Or twenty days.
Durrant expressed little anxiety when
told of the news from. Los Angeles. He
said that he felt secure and had onfideIce
in his attorneys.
HOW HICKS DIEn