The San Francisco call., 1897-11-23
BEFORE JUDGE MORROW.
The Mandate Received and Ordered
Spread Upon the Minutes


Spread Upon the Minutes.
The mandate OF the United States Su-
preme Court in the mater of the execu-
ton OF Durrant was received yesterday
morning through the mails by the clerk
OF the United states Circuit Court and
was handed by him to Circuit Judge Nor
low. On the opening OF court at II o clock
Judge Morrow announced to d putty
Clerk BeaiZley that the mandate had been
received by him and directed him to
make an entry OF the fact IN the minutes.
Deputy At orney-General Carter moved
that the clerk be directed to spread the
mandate on the minutes, which the court
ordered done.
Warden Hale of the penitentiary at San
Quentin, whose duty it is to hang Dur
rant, was present as a spectator of the
proceedings and went away with Mr..
Carter. The following is the full text OF
the mandate.
Whereas, lately in the Circuit Court of the
United States for the Northern District OF Cali
fornis before you or some OF you, in cause
entit ed In the matter OF the application OF
W. II. I. DuTrant fOr q writ OF habeas corpus,
No. 12.3SO,' wherein the order of the said
circuit court entered in said cause on the sec
ond day OF June 4. D. 1897, is in the follow
ing words, viz:
Now come Eugene y. Deuprey, charles A
Garter and Louis 2. Boardman, esQuires, coun-
petition OF W. II. I. DuTrant for a writ Of
habeas corpus, and the same having been read
to the court by Mr. Deuprey ana argument
thereon by each OF the counsel Tor petitioner
having been heard by the court and fully con-
sidered II was ordered that the writ OF habeas
corpus IN said petition prayed for be and the
same is neTehy denied, and that the petition
OF the SAID W. II. I. Durrant be and the same
is hereby dismissed"
Petitioner allowed an exception to the
.5-egoing ruling, ana Mr.. Garter gave notice
q q q Era Ia,
United States from the order refusing the writ
prayed for herein. Consideration OF the an
piicatlon Tor SAID appeal was postponed to II
O'Clock tomorrow morning.
AS by the ins pecuOn OF the transcript OF the
record OF the said Circuit Court. which was
brought1n the supreme Court OF the United
T. Durrant, wherein W. H. L. Hale, Warden of
the State prison at san Quentin Marin
County. Cal, was made the party appellee.
agreeable TO the act of Congress in such case
made and provided, 1uly and at large ap-
pears.
And whereas, in the present term OF Octo-
ber a. D. 1897, the said cause came on TO be
heard before the said Supreme Court on the
said transcript OF record and on motions to
dismiss or affirm, which were argued b.
counsel.
on consideration whereof 1t is now here
ordered, adiudged and decreed by this court
that the order OF the said Circuit Court in
this cause be and the same is hereby affi rmed
with costs, and that the SAID W. L. Hale,
Warden etc, recover against the said ". Il
T. Du1rant Tor his costs herein expended and
have execution therefor.
November 8, 1897.
You therefore are hereby commanded that
such execution and proceedings be had in
said cause according TO right and justice
and the laws of the United States ought to be
had. the said appeal Notwithstanding.
Witness: The Hon. Melville W. Fuller, CHIEF
Justice of the United States, the 10th day ol
November, a. D. 1897.
JAMES H. MCKEENY,
Clerk of the Supreme court of the United
States.