The San Francisco call., 1897-11-09

as a ground Tor securing time for the pris-
oner. bul the District Attorney can cir
cumvect such tactics by dismissing the
charge Of murder as far as Minnie Will
Hams is concerned against Durrant. This
action would not outlaw the charge
should the emergency arrive that it would
be necessary to revive 1t, for u lndict ment
for murder does not outlaw.
Eugene Deuprey, who is the leading
attorney for the condemned man, de-
clares positively that he has not vet de-
cided on any course of action to further
postpone the execution, and he intimates
that the effort may stop right now. Deu-
prey complains bitterly that there were
no funds available to have Durrant repre-
sented by his regular attorneys before the
Supreme Court. He thinks that had he
or some of the other lawyers who have
taken an active part in the defense been
at Washing ton the result might have been
different.
I'VE have worked hard in the case,
hampered as we have been for lack of
money" said Deuprey. The case was on
the calendar of the Supreme Court for de-
cision on Novem ber Is, and l cannot un-
dcrstand why the court has returned its
verdict before that date. l have not
yet learned the purport of the de-
cisloI beyond the matter contained in the
kilograms to the newspapers, and until |
hear officially from Washington | cannot
speak of our future plans. 1t is q mist axe
10 think that we have not yet left some re-
sources to save Durrant. More appeals on
other grounds than those we advanced be-
fore Judge Hawey last summer for writ
OF habeas corpus may b, made. do not
mean to intimate that we may adopt this
course, hut simply to convey the idea that
this plan is aval able yet. OF course. we
would not advance any appeal on frivolous
grounds.
Il contend that it will be necessary for
the courts to re-sentence Durrant and th at
Will give us at least ten days after his ap
pearance in court. No other course would
be open to the District Attorney. The
roceedings before the Federal courts
acted as Il cancellation of the day OF the
death sentence and for that matter of the
sentence Itself. l have not yet seen my
associates to discuss any plan OF future
action and until We have a conference l
can positively advance no opinion on this
subject.
I'VE still have an appeal pending before
the State Supreme Court against the ludg-
ment pronounced by Judge Bahrs, on the
ground that the sentence is a double one,
inasm much as it condemns the prisoner to
imprisonm ent as we'll as death. Of course,
l do not ntend that the appeal Will nee
essarily act a stay OF execution, but We
hope thst the authorities will give US the
courtesy to await the decision OF the
court on the pleadings we have ad-
vanC7d."
District Attorney Barnes says that as
soon as he is formally notified OF the
action of the Washington court he will
consult with Judge Bahrs about the mat
ter OF fixing another day for the death OF
Durrant. He ridicules the idea that the
attorneys for the prisoner can longer sue
ceed in adopting dilatory actics.
Technically, Durrant will not be re-
sentenced, but the former death order will
be set for a new date. 1t is poss bic for
Durrant's attorneys TO again invoke an
appeal for writ OF habeas corpus when the
new day is fixed. but think such course
would gain hem a singing rebuke from
the Circuit Courts, and do not anticipate
that they will resort to such a plan of
action. Such methods would defeat tho
ends of justice if successful and in the
end it would be impossible to secure the
death of a convicted murderer In this
State, and the logical end of the nj after
would be that some means would have 10
be discovered whereby the Federal courts
would hear murder cases"
The Supreme Court might possibly
emulate the example Of Judge Torrance
of San Diego IN the Ebanks case and
direct the Warden to hang the prisoner if
further appeals were made to the Federal
that would probably be the means of
placing on the Federal statute-Dooks some
new law regulating the grounds upon
which appeals of the sort Durfant made
m hit be founded,
Captain Lees says the decision of the
Supreme Court is triumph for justice
and be expects that Durrant's attorneys
will make no further hight.
Warden Hale arrived from Washington
last night, but went into hiding in Oak
land. He will meet District Attorney
Barnes this morning for the purpo-e of
discussing the case previous to his de-
parture for the prison. Should an imme-
diate execution be decided upon there
will be no DELAY on the part OF the prison
authorities. The scaffold has already
been built and Durrant could be sent to
his doom on an hours notice as far as the
Warden is concerned.
ATTORNEY General Fitzgerald will re-
main in Washington until the cases of
Worden, Hill and other condemned men
are disposed of. AS the appeals in these
cases are identical with that of Durrant
it is very probable that they Will be SINH
larly decided.