The herald., 1897-06-10
DURRANT'S
EXECUTION
Scheduled to Take Place
on Friday
1T is NOT LIKELY TO OCCUR
PENDING THE SUPREME COURT
APPEAL
1T is NOT LIKELY TO OCCUR
Reprieve Has Not Been Granted, But
EVERYBODY Interested Thinks
That It Will Be
Associated Press Special Wire.

SAN FRANCISCO, June ct would
lie difficult matter to conceive of case
more complex than that of Theodc-.
Durrant, the condemned murderer of this
city. His attorneys wholly rely upon the
application for a writ Of habeas corpus.
which they hope to make to the Supreme
Court Of the United States in August
That the Circuit Court Of Appeals, while
denying the writ asked for last week, al
lowed an appeal, has bten construed as
negativing the decree of death of the
States Court for the present. But the
Attorney-General is in doubt and, al
though he has had several conferences
with Warden Hale Of San Quentin prls-
on within the past few days, he has not
yet rendered a decision. Durrant's at
torneys claim that should Warden Hale
proceed with the execution of their client
on Friday he would be guilty OF illegal"
murder. Attorney-General Fitzgerald
entertains no such view OF the matter,
but whether or not he would be justified
in ordering that the law take its course
is the problem which is not yet solved.
Should he decide SO, Durrant's attorneys
would be compelled to have recourse to
an application for an injunction to the
Federal Courts. If this were denied.
new problem would be offered, inasmuch
as the action itself would be an indirec.
admonition to the warden to proceed
with the execution. 1t is argued that If
Warden Hale should persist in hanging
Durrant on Friday the Supreme Court
would be called upon to pass upon a
moot" case, but that official says that
he has not yet decided what he will do,
Warden Hale of San Quentin came to
this city today for the purpose Of con-
ferring with Attorney General Fitzger-
aid as to his position with regard to the,
execution of Theodore Durrant, but af-
ter being closeted together for two
hours, both officials declined to be in
terviewed as to the conclusion reached
by them Durrant's attorneys profess
entire unconcern as to what the state in
tends to do with their client claiming
that the warden dare not proceed with
the execution after having been served
with notice Of an appeal to the United
States supreme court, and threatening
in the event of Durrant's being hanged
to proceed against the warden and gov
ernor on charges of conspiracy and trea-
son. 1t is considered very unlikely that
Durrant will be hanged on Friday under
existing circumstances.
REPRIEvE EXPECTED
SACRAMENTO, June s-Governor
Budd is stiM in the Yosemite Valley, but
has been in telegraphic communication
with the Office today in regard to the
Durrant case. Private Secretary Shields
said this afternoon to an Associated
Press reporter that he could not state
what action the Governor intended
to take. 1t is generally understood, how
ever, about the capitol, that Durrant
will be reprieved.
JUST A CRANK
PORTLAND, Or, June 8-A s. Aus
tin has for the past several days been
busily engaged in interviewing the news
paper offices and various public officials
on the subject of Durrant's innocence.
He is looked upon here as a sort of legal
knight-errant and is probably some
what unbalanced mentally.
REPRIEvE CERTAIN
SAN FRANCISCO, June 9.-Theodore
Durrant will be reprieved tomorrow.
Gov. Budd has decided upon this course
in order to settle the question of the
rights of the federal courts to interfere
in the execution Of a sentence imposed
by the state court. He has named July
9th as the day upon which the sentence
shall be carried out
The object of the reprieve, as the at
torney-general explained tonight, is to
avoid the necessity of resentencing the
convicted man.
If the position taken by the governor
be supported by the state supreme court
the sentence will be carried out on July
9th, just as 1t would have been Friday
but for the habeas corpus proceedings.
Tomorrow the necessary kilograms
ordering stay of execution will be sent
to Sacramento by the governor
The position taken by Gov Budd is
that the habeas corpus proceedings and
the appeal incident to the deniAl of the
writ sued out by Durrants attorneys
does not act as a stay of proceedings
In other words, the governor desires that
the supreme court pass upon the opinion
rendered by Attorney General Fitz-
gerald holding that the proceedings do
constitute stay.
Durrant is still in the condemned cell,
and until definite orders are received he
will not be moved to other quarters.