The San Francisco call., 1897-12-10
The FATAL DAY
FOR DURRAUT
Judge BahrS Will Be Asked
Monday to Fix a Date
for Execution.
District Attorney Barnes Will
Then Be the Petitioner
Before the Court.
Durrant Still in Ignorance of His
impending Doom, but Will Be
Told To-Day.

To-day District Attorney Barnes will
appear before Judge Bahrs and notify The
court that he will ask on Monday next
that date be set on which Theodore Dur
rant shall be brought from San Qlentin
to again be sentenced for the murder OF
Blanche Lamont.
Durrant is not yet aware that his last
hope has gone, ana though it was gener-
ally supposed that he would be notified of
the decision rendered by the Supre N e
Court ii has for some unknown reason
been kept away from him. He will prob
ably be visited by his relatives or aIor-
neys to-day, but as yet he is buoyeG up
with the hope that the Supreme Court had
decided In his favor.
Legal delays have been skilliully con-
trlved which have up 10 the present time
prevented the execution Of The con-
demned murderer, but it is thought
by local attorneys that when he
is brought before Judge Bahrs to have a
day set for his execution there will be no
further hope for delay. Judge Bahrs has
minated that he will not act hastily in the
matter and if Durrant should hang the
execution will not take . ace before the
last OF the first month of the com ing wear
The District Attorney Will give notice 10
the defendant and his attorneys Of his in
tended motion, but il will merely be done
through professional courtesy as the mat
ter Is purely ex parte The motion will be
based on the court records. and affidavlts
will be filed setting forth the proce ceilings
that have already taken place, and the
fact will be brought TO the attent on Of the
hot .ha -.
Judge Murphy. on December 6. 1895. the
defendant is still enjoying life.
The athdaylts will also rather unneces-
sarily state that Warden Hale has ne
elected to execute the order of the court,
and that the evidence being shown the
District Attorney will pray the court to
set the date for Carrying out the death
penalty.
Judge Bahrs has stated that when the
District Attorney petitions the court TO Sc:
day Tor Durrant's execution he will
grant the petition and order the murdere-
before hum SO that he may set a day on
which Durrant Will be hanged.
Attorney Deuprey IS of the opinion that
Durrant viii not be executed this vesr,
and states that when the time comes for
action something will present itself 10 de-
lay the execution for even a longer time,
but the attorney for d lrrant does not
seem entirely sure that the execution will
not take place sooner or later. Deuprev
emphaucaIly states that sixty days at the
least must elapse after his client is
brought before Judge Bahrs before the
order OF the court can be executed II
the time should be liked less than sixty
days an appeal VIII again be taken, which
will be cause ior further delay, and the
Judge will most probably take The stale
ment OF Deuprey into consideration.
Durrants parents have not as yet lost
all hope, although they recognize the i'm
Dortance OF the Supreme Courts decision
concerning the welfare OF their son. Al
though it looks at the present time as
though there could be no possible way in
which TO defeat the courts order after
Durrant has again been sentenced, the
law has been found to be so pliable as lar
as murderers are concerned that many are
OF the opinion that another legal techni-
caliIy may prese Mt its If which will cause
another delay in the execution.