The San Francisco call., 1897-11-10


rant. The man who has twice bee SEN
fenced TO pay the death penalty for his
crimes at the Emmanuel Baptist Church,
nearly three years ago. was yesterday
ordered to appear before Judge Bahrs al
10 O'Clock this morning, and for third
time have the sentence of death pro-
nounced upon him.
This time it is expected that a very short
shrft will be allowed the demon of the
belfry. Conjectures are rife as to the day
that Will be fixed for the execution. The
hour when Durrant will pay the penalty
for the murders of Blanche Lamont and
Minnie Williams in the little church in
tho Mission will not be known until the
Judge again sets the seal OF death upon
him.
1t is believed that his time is short. and
it is the opinion of many who have been
instrumental in weaving the chain of evil
dence that brought conviction OF the
murderer that the execution will be set
for Friday next. In anv event, it is said
by them that the limit of Dnrrants life
will not be beyond a week from that day.
Judge Bahrs was the jurist who passed
the previous death sentence, and he Is
consequently well acquainted with the
curious merits of the appeals that have
teen advanced by the prisoner attorneys,
as well as the wishes OF the prosecuting
officers. District Attorney Barnes and
the Attorney General are anxious that the
execution shall take place as soon as pos
sibe in order to prevent Durrant's attor-
neys from resOrtlng to more frivolous ap-
reals to the Federal courts. Under the
law Judge Bahrs may fix the time of death
whenever he pleases. The sixty-day period
between the date OF sentence and the day
OF the execution is not required in the
present phase OF Durrant's case, for the
original order Of death has not been an
nulled but SIMPLY postponed by reason Of
the appeal for ha beas corpus TO the United
State courts. The needs OF the case
are Simply that the prisoner b. brought
before the court and nave the
day for death retixed without regard
to time limits. When Theodore Durrant
appears in court this morning Judge
Bahrs could order that he be han ged i'm
uediateiy upon his return to San Quen tin
prison, but of course no such haste will
be resorted to. The District Attorney is
willing 10 allow the prisoner a day or so
TO epare for death. 1t Is customary to
fix upon Friday as an execution day, ana
forty-eight hours more may see Durrant
on his walk TO the scaffoId. If longer
time is allowed him the District Attorney
says that the end will come on the follow
ing Friday. Evidently Durrant's chances
for life are t1eelng very rapidly.
The attorneys for the prisoner expect to
have something to say in the matter OF
the hanging of their client. They have
been taBen by surprise with the rapiditv
with which the authorizes have thrown
the coil about the murderer again, but
they are not going 10 stand idly by and
see the execution carried out without a
protest on their part. They will hold
conference this morning as soon as the
day of death has been fixed by Judge
BanIs, ana formulate campaign to gam
Time General Dlckin> on intimates that
there VIII be another appeal to the Federal
court as soon as the action OF the court Is
known, and it IS officially announced from
other quarters tnat this plan will be again
invoked.
precedent for the proceeding is found,
so Dickinson says, in The case of Andrew
Lawrence, who was sent to jail three
times during mis- Sacramento trou bles last
winter and obtained ms freedom on as
many appeals 10 the Federal courts.
Tne Durrant attorney believed tnat the
prosecuting attorney would await the ar
rlval OF the transcript OF the Judgment of
the Supreme Court from Washington
before any definite action would be taken.
Barnes, however, cIrcumvented this ex-
pectauon by invoking the aid OF the wires
a
General Mckenna TO instruct United
States Attorney Foote of spread the re-
mitti tur on the records OF the local Cir
cult Court, and he received the following
satisfactory reply yesterday morning:
WASHINGTON, Nov. 9, 1897.
William S. Barncs, District attorney, san
Francisco: United States attorney directed 10
e&Ae necessary action.
JOSEPH MCKENNA, Attorney General
Attorney Foo,e Will see TO it at once
that a copy of the remittitur is sent him
by wire, and IT Will be entered on he rec
oTds OF the courts ImmediateIy upon lis
arrival This action will do away with at
least thirty days delay, the time that It
would take for The document to reach this
city.
As matter OF fact. it would not be
necessary to await the arrival OF
this record, for Attornev-General Fitz-
gerald has already vi. ed instructions from
Washington 10 have the prisoner resen-
fenced al once thus intimating thai he
would shoulder the res pons bility of any
departure from the usual formal proceed
ure. These instructions were conveyed TO
Attorney Barnes yesterday morning and
prompted him to appear before Judge
Bahrs at once and ask that the prisoner
be Tesentenced.
The motion before the court was for
MAJ one. Attorney Barnes informed the
court that his motion was taken under
section 1927 Of the Penal Code. providing
THAI where. for any reason, Judgment
OF death still in force and effect has not
been executed, the court shall, on motion
of the District Attorney, fix dav when
it will inquire il any Legal reason exists
why the judgment should not be carried
out, and If the court finds that no such
legal reason exists 1t shall then and there
fix day for the carrying out of the judg-
ment.
81 move, your Honor" said Mr.. Barnes,
''that your Honor do now make an order
directing the Warden of San Quentin
prison 10 bring this defendant. William
Henry Theodore Durrant, into court on a
day and at an hour 10 be fixed bv your
Honor, and that your Honor do make in.
Quity into any legal reasons that may ex-
ist 1or the Don-carrying out of the SEN
tenee of DEATH
The attorneys for the defendant were