The record-union., 1897-04-04
The State Supreme Court Denies De-
PENDANT Rehearing.
Unless the United States Courts, 10
Which the Case Will be Taken,
Intervene, or the Governor Com
mutes His Sentence, the Noh-
demned Man Will Soon Answer
for the Crime for Which he has
Been Convicted on the GalloWs.

SAN FRANCISCO, April 3.-The Su-
preme Court of California this morning
denied the application of Theodore
Durrant for rehearing on his appllca-
ton for new trial for the murder of
Blanche Lamont the Supreme Court
having previously refused an appllca-
ton for new trial. 1t was held that
the evidence connecting Durrant with
the murder of Blanche Lamont was
conclusive, and that the judgment must
stand. The only dissenting opinion was
by Chief Justice Beatty, who entertain
ed some doubts as to the prisoners
guilt
On March Doth Messrs. Deuprey and
Dickinson, counsel for Durrant filed a
petition for a rehearing, in which they
contended that Durrant was virtually
massacred before his trial was begun
by the press. They urged that Durrant
begged that criticisms and publlca-
tons of the papers be held in check
by orders of the court" and asserted
confidently that the time has arrived
when there should be some judicial de-
termination in the way of censorship
of the unbridled license" of the press.
But this arrangement of the press was
not the only hope of Durrant's counsel.
They maintained that the Supreme
Court has misconceived the nature
and character of the evidence, and ad-
ded I'VE honestly believe that if this
request is allowed we can clearly and
distinctly point out from the record
the absolute failure to prove any guilt
and to show he is in nowise connected
with the frightful crimes" Not only
did the attorneys claim that the press
and court erred in adjudging Durrant
guilty but that the accused was de-
prived of the privilege given him by
the sixth amendment to the Constitu-
ton of the United States The law
was, in their opinion. violated also in
drawing the jury. The law says that
Judges shall take the names of such
only who are in full possession of their
natural faculties" and counsel urged
that as there were a number who
We're deaf and others incompetent from
old age that the defendant on trial for
his life did not have the proper ma
terial to select from"
Differing with the Supreme Court in
its opinion that to comply wholly with
the law in drawing the regular jury
panel .the Judge would be compelled to
lay aside all other business to make
personal inquiry, inspection and exami-
nation OF $500 jurors, the attorneys
said it would involve comparatively
small labor on the part of the Judges
TO do so.
The denial of the rehearing to-day
was ordered by the court without COM
ment. 1t is presumed that the volum-
inous petition, with its varied allega-
lions, was insufficient to cause the Jus
tees TO change the opinion expressed
by them on March Sd.
The remittitur was handed down to
the Superior Court to-day and will
be spread in full upon the minutes Of
Judge Bahrs court Monday morning.
Sentence will be pronounced by Judge
Bahrs on Durrant on Saturday. The
date to be set for the execution is I'M
known, but it will not be less than six
ty nor more than ninety days Sentence
will be pronounced in Judge Cooks
courtroom, that apartment being more
capable of accommodating the crowd
which, no doubt, VIII be present on that
occasion.
The attorneys for Durrant have not
yet given up all hope. and they are con-
fident of delaying the proposed execu-
ton for time at least. 1t is their in
tention to take the case into the United
States Circuit and District Courts up
on matter involving the construction
of the Constitution of the United States.
The main question TO be decided is that
of the apportionment of jurors to coun-
ties II this is done Durrant will have
another lease of life, but for how Ions
nS one is competent to tell. Whether
the case will be taken to the Supreme
Court of the United States remains to
be seen. AT all events, both Mr. Deu-
prey and Mr.. Dickinson, who are con-
WINGED of the innocence of their client
will leave no stone unturned in his be-
half.