davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1897-06-02

cause that by reason of the wrongful act of
petitioner and those with him in injuring sald
track said train had become derailed, precipl-
tatlng said engine as Aforesaid, whereby SAID
clark was killed, 1t being merely by lmpilca-
tlon OF law under the laws OF said State from
the fact of the commission OF said wrongful
act in injuring said track, which subsequently
caused the death OF said Clark, and not by any
evidence whatever either showing or tending
10 snow that petitioner had ever manhesteo 'tsd
any express or definite purpose TO take the lie
OF SAID Clark, or that the same had oeen mann,
tested or expressed by any OF those charged
with him.
That there was no evidence before said jury
on said trial, as appears by said record, either
showing or tending TO show that SAID KlIllhg
OF said Clark was perpetrated py means OF
poison, or by lying in wait or by torture, or
by any other kind of willful, deliberate ana
premeditated killing, or was committed IN
the perpetration OF or attempting 10 perPe-
trate arson, rape, robbery, burglary or may
hem.
That said evidence, as appears in said
record, only shows or tends TO show that petl-
toner was guilty, If at all, OF murder IN the
second degree under the laws OF said state
The petition is signed by Salter D. Wor-
den and is acknowledged before Brainard
S. Smith, notary public at the Folsom
Prison.
Judge Hawley rendered his decision as
soon as Mr.. Monteith concluded. he
spoke as follows:
Ordinarily in a matter involving the life oi
q human being the court would take the mat
ter under advisement, but am clearly of the
opinion that the facts stated in the petition
are not efficient to warrant the interference
of this court, and I shall therefore mako an
order denying the petition.
The New York electrocution cases,
wherein the law Of habeas corpus was
| fully gone into, are reported in detail in
the United States Reports. and eminent
lawyers say there Will be no question that
the Durrant and Worden cases may reach
| the Supreme Court by the habeas corpu,
! route.
While the doomed mans attorneys do
not care who has his custody during the
tendency OF The litigation, the point will
be raised that the custody belongs to the
United States Marshal and that he may,
in his discretion, remove the prisoner to
the Alameda jail or elsewhere. The same
is true in the Worden case.
The contention of the attorneys for
Durrant and Worden is that the filing OF
an appeal in tbs United States District
Court will act as a complete stay OF execu-
ton as designated by the United States
statutes. 1t is understood that Attorney
General Fitzgerald will advise Warden
Aull and Warden Hale that they cannot
hang either man until the United States
Supreme Court passes on the appeal. If
the State authorities may go on in viola
lion OF an express Federal statute forbid
The San Francisco call., 1897-06-02
of the law, the State and the United

of the law, the State and the United
States.
In remarkable dissenting opinion in a
California case, Hurtado VS.. California,
Justice Harlan dissented from the opinion
til at holds an information by a District
Attorney TO be valid. II is on the law set
forth in this dissenting opinion and the
hope that the present Supreme Court will
coincide with il, that the Durrant legal
contingent have hopes of even more than
a stay of execution for q year or more.
The very elaborate dissenting opinion of
the eminent Judge Harlan holds exactlv
the views OF law promulgated by Durrant' s
lawyers.
Among other things Justice Harland
said:
The plaintiff in error, now under sentence
of death, passed by a California court, brings
this suit upon the ground that the proceedings
against i'm are in violation OF the constitu-
tion of the United States The crime of which
he convicted is murder. The prosecu-
:ion was not based upon an ind ctment of q
Grand Jury, but upon an informa tiOn filed by
the District Attorney OF The county in which
the crime committed. His contention
Is that N information 1Or a capital ohense is
forbidden by that clause OF the fourteen tn
amendment of the constitution OF the United
States which declares that "uo State shall de-
prlve any person of liie liberty property
without due process of law" AS l cannot
agree that the State may require person 10
answer for a capital ffense, except upon the
indictmen n Of Grand Jury, and as human life
is involved in the judgment rendered in Cali
fornia, give the reasons for my dissenting
opinion.
In twenty pages of an elaborate dis
senting opinion, replete with references to
decisions of State and Federal courts,
Justice Harlan holds that due process OF
The San Francisco call., 1897-06-02

served on him by Deuprey's man is the
beginning OF al effort to tie his hands and
prevent the execution a week from Fri
day. The prison authorities are procesd-
ing in the usual way to complete the de-
tails Of the hanging. The death warrant
deslgnates the hour of death for any time
between sunrise and noon. Warden Hale
to-day decided on 1890 o'clock as the ex-
act time.
Of the hundreds of applicat tions Warden
Hale and the prison directors have re-
celved from all parts of the country prob
ably not more than 100 will be honored.
Inc daily newspapers of San Francisco
VIII De each allowed three representatives.
Each OF the prison directors is entitled to
the privilege as we'll as three of his friends.
Ihus far no member of the board has
slgnlheo MS intention of availing hlmsel1
OF H. The case is attracting extraordinary
attention in medical circles. Almost
every doctor in the State has made re-
| quelt to Warden Hale to be present In
medical capacity. Warden Hale. in view
OF the extraordinary interest manifested
In the case, will accede to the wishes OF
the doctors as far as possible. Probably
two score of them will receive cards OF
admission.
Ihese cards-or passes-are now In the
hanas OF the printer. with an order Tor
2OO OF them. They read as follows:
SAN QUENTIN.
Mr. =: You are hereby invited to be
present at the execution of Theodore Durrant
at 1880 A. NJ. on June IL at san Quentin
! prison. w F. HALE Warden.
Present enclosed card at gate.
They are non- tran sferable and without
any reserved privileges. Warden Hale
says he could distribute 5000 of them, so
great is the interest in the case. Twenty
applications arrived in his mail this
morning.
The threat Mrs. Durrant has made to De
present at the deaih of her son is causing
| the prison officials no end of worry. War
den Hale, who is very humane man at
heart discussed this m after al some length
with Attorney Tubb this morning.
The San Francisco call., 1897-06-02
Lees UDheld.

Governor Budd called up Chief Lees by
telephone yesterday morning and assured
him there was no truth In the report cir
culated by Mrs. Durrant that the Chief
had influenced the Governor in the deci-
sion rendered not to interfere in the case oil
her son.
The Governor said that the Chief had
studiously refrained from commenting z
upon the case one way or the other and
congratulated him upon the fact that he
showed no feeling whatever against the
murderer.
In commenting upon the matter the
Chief remarked that he did not blame
Durrant's mother for the feeling she was
displaying in the case, and no matter
what action she took it would receive no
notice from him.
The San Francisco call., 1897-06-02

law" as interpreted from the times of the
early common law and Magma Charta,
means an Indictment by Grand Jury.
Durrant's lawyers stand by the dissent
ing opinion, which gives them great hope.
The Durrant petition for babeas corpus
was completed yesterday and sent 10 the
condemned m an for his signature. 1t will
probably reach Attorney Deuprey's office
this morning and will be presented to
Judge Hawley to-day, or not later than
tomorrow.
An ella aborate brief has been prepared in
the case and many reasons have been set
forth in great detail in the petition. but
The main point is on the information as
herein stated.
George w. Monteith, attorney for Salter
D. Worden, the convicted train-wrecker
filed in the United States District Court
yesterday before Judge Thomas z. Haw-
ley of Nevada a petition asking for writ
of habeas corpus. Judge HawIey denied
the application, and The matter will now
be appealed to the United States Supreme
Court in Washington.
The application recites that the petit
tioner has been deprived of his liberty by
| the State of California without due process
OF law, and that he has been denied the
equal protection of its laws, contrary to
and in actual violation of his rights as a
citizen of the United States, secured to
him by the fifth and fifteenth amend
ments to the constitution of the United
! States and IN controvention of the consti-
tuition OF the United States and of the con-
sutut'on and laws of the State of CaIifor-
| MIA. lac petition goes on TO say:
That 1t appears from the record of said court
/ In SAID cause as Aforesaid that said court had
/ no jurisdiction 10 render such judgment, be-
/ cause the facts of record as Aforesaid snow
without contradiction that petitioner with
others, upon the lth day of July, 1894 SO in
lured the track of that part of the Southern
Pacific railroad that lies between Broderick
and DayisYllle that some time after petitioner
had LETT and gone some miles away from the
place OF injury an engine and tram of cars
while passing over said track between Brod-
erick and Dnvisville, when it reached the
! place of said injury thereto and bv reason
| thereof, was deTalled and the engine precini
tated into swamp or slough in such manner
that such precipitation OF said engine caused
| the death of the said Samuel C. Clark AT a
/ time when said evidence shows petitioner
was and had been for some time one or more
miles away from the point where the said de-
railment occurred, and that none OF the other
| persons who were charged with him were a1y-
where in the vicinity at that time.
That there was no evidence whatever upon
said trial afiirma lively appears in said rec
ord that II was The purpose of petitioner or of
any one acting with him 10 cause the death
OF the said Clark, that the petitioner or
any OF them knew expected or believed
| that said Clark would be killed by reason OF
| the injury done 10 the track as aforesaid, and
that said charge of murder, as appears in said
record, was wholly upon and evidenced be-
The San Francisco call., 1897-06-02
Warden HaIe's Fears.

Warden Hale says he is powerless to
prevent the parents witnessing the spec
tacle of Durrant's execution and he fears
a scene at the last moment. Attorney
Tubb promised that be would use his en-
deavors to dissuade Mrs. Durrant from
her purpose. The father, it is understood,
strongly disapproves eff the idea, and
through him Tubb hopes to accomplish
his object
What the prison officials most fear is
that Mrs. Durrant might make some
effor. to deprive the gallows of its prey
through some tragic action. Her
presence at the scaffoid would be some
thing new in the history OF the prison,
and if she is there a special guard will
watch her actions. There is rumor about
the prison that she has declared that she
will kill her son sooner than see him
suffer a felon's death.
If she goes into the execution-room on
June II she will first be searched for
weapons to prevent all possibility OF a
tragedy, weird and spectacular. The
same precautions will be taken in the case
of the father il he determines to see the
trap fall.
The San Francisco call., 1897-06-02
Worden Asks for the Writ
and Durrant Will Apply
To-Day.
A Synopsis Of the Law and Points on Which
the Prisoners Attorneys Rely for
Success IN the Federal ST.
prerne Court.

by Justice Harlan OF the United State
Supreme Court in a remarkable California
case. T"is view of the law will be found
fully elaborate further in this article.
Attorney Monteith's constitutional
question is involved in the claim that the
record of the court in the Worden case
shows that if the defendant committed
any crime it was murder in the second
degree-that is, the killing of a human
being without intent so to do. but as the
result of an unlawful act which did not
hold the premeditated purpose OF killing
a human being. As the court instructed
the jury to find a verdict of murder in
the first degree or set the pr soner free, it
is contended that the instruction SUBJ
verted the "lue process OF law" and
robbed defendant of the proper protection
The San Francisco call., 1897-06-02
DURRANT'S FIRST DAY.
Preilmlnaries for Release on
Habeas Corpus-TWo Hundred
Execution Cards Prepared.

SAN QUENTIN, CAL, June Dur
rants first day in the death chamber was
uneventtul. The prisoner has recovered
his composure and takes his surroundings
in the same matter-of-fact way that char
acterized him throughout the trial and
his long term in jail. He slept soundly
last night and was awake when the hour
OF change of watch arrived this morning.
Shortly after his breakfast he entered
into a spirited conversation with the
guard. He displayed interest in the rou-
tine life in the condemned quarters and
asked many questions about prison disci-
pline in general.
About 10 O'Clock Attorney Tubb of San
Francisco put in an appearance in com
pany with Captain Edgar. The prisoner
snook hands heartily with his visitors.
Tubb wanted an affidavit from Durrant
certifying TO his identity and other such
matters as a formal preliminary to apply
ing to the FEDERAL courts for a writ OF
habeas corpus. The acknowled gment was
made by Charles Z. Alden, the overseer
of the jutemili who is a notary public
Later in the day a clerk from ATTORNEY
Deuprey's Office called on Durrant for ad-
The San Francisco call., 1897-06-02

ditional signatures. Deuprey's man met
Warden Hale at the gates on his way out
OF prison, and the object of his visit was
readily understood wnen he served a COPY
of this note on the Warden:
SAN QUENTIN, Marin County, Cal
To w. E. Hale Esq, Warden Of the State
Prison at San Quentin, State Of California:
Take notice that the undersigned. claiming
to be illegally restrained and detained by you
at the State prison at San Quentin under pro-
ceedings without authority of law, hereby de-
mand my release from imprisonment and de-
tention by you as an officer of the State of Cali
fornia. W. II. T. DURRANT
Dated June 1, 1897.
Warden Hale accepted service and the
limb OF the law went on his wav without
vouchsafing further explanation of his
visit. Tomorrow morning the Warden
will consult Attorney Fitzgerald
as to what course he shall pursue He
already understands that the document
The San Francisco call., 1897-06-02
WORDEN WAS BRAVE.
He Never FIInched When Told He
Must Die.

He Never FIInched When Told He
Must Die.
Attorney Monteith visited Worden at
Folsom on Saturday and told him of his
fate. The condemned man WAS cool and
made no complaint.
when told him of the Governor de-
cision," said Mr.. Monteith yesterday, "he
never fiinched, but took it il manly
way. He said he was not gully and that
his mind Is blank as to what he did for
many weeks of the strike. He feels that
his conviction was due as much as any
thing to his own past life-his habits of
drunkenness.
The corporations have decided that
somebody .nust die, said he, and / sup
pose l might as well be victim as any
body else. If l must die shall 60 TO the
gallows like a man and take the punish
ment, no matter how unjust and outrage
Gus my conviction may be. l think my at
torney made weak defense. l have never
made anything like confession 10 any
human being except when under the in
fuence of drink. In my letter TO the Gov
ernor, wherein l asked forgiveness, l
meant for my drinking and not for the
crime, which did not commit
The San Francisco call., 1897-06-02
BRADBURY NOT READY.
He Objects to Going to Jail for Spittin,
in the Streetcars.

He Objects to Going to Jail for Splitting
in the Streetcars.
The case of W. B. Bradbury, millionaire,
convicted of violation of the ordinance
which prohibits splitting in streetcars,
was postponed in Judge Wallace's court
yesterday at the request of the defendant S
attorney.
The case is on appeal from Judge Low S
department of the Police Court, where
Bradbury was sentenced TO a brief term
in the County Jail
If hne only had been imposed the
matter would have been speedily disposed
OF and the City treasury would have been
enriched to that extent, but the Judgment
OF imprisonment without recourse was
not to the liking OF the wealthy champion
OF the right to expectorate in public
places and that is why this appeal has
been taken.
Inc song of the nightingale can bt
The San Francisco call., 1897-06-02
DURRANT'S PROTEST.

To w. E. HALE WARDEN STATE PRISON SAN QUEN-
TIN, STATE CALIFORNIA; Take notice that l. undersigned
claiming illegally restrained and detained
Quentin proceedings without authority
hereby my Imprisonment you
officer of the State of California.
(Sgned) w. H. T. DURRANT
Dated June I, 1907
The San Francisco call., 1897-06-02
w. H. T. DURRANT.

ding them to stay proceedings it is held
that the Federal laws would stuItify their
makers and leave a door open for their
violation with impunity.
The San Francisco call., 1897-06-02
SUPERFLUOUS HAIR.

MOLES, WARTS AND RED NOSES BLACK
Iu heads, freck es and all facial blemishes per
mHnentiy destroyed without pain or by
kLkC RlC NEEDLE operation. Book and con-
sultation free. THE CHICAGO kLECTROLYsIS
Co, 6l3 Parrot building, San francisco. Hours
10 sundays 10 10 /.
The San Francisco call., 1897-06-02

San Francisco, January 81, 1897.
/, John A. Fain, do hereby certify that suf-
fered with piles for over twelve years. Dr..
Tom She Bin cured me in very short time.
The San Francisco call., 1897-06-02

San Francisco, February 20, 1897.
1 have been suffering under the most dread
full disease for two years past and lost all
hopes of recovering, being unable 10 move for
four months. At last concluded to take DR..
Tom She Bins Wonderful Chinese Herbs, and
in six weeks after my health was completely
restored. J. E MFDRAN
756 Workm ain ST., East Los Angeles, Cal.
The San Francisco call., 1897-06-02
MOUNT TlMlLPAIl SCENlC RALWAY

SVia Saueaiito Ferry.
Leave San Francisco Commencing MAY
2, 1897:
WEEK DAYs-e:45 A. NJ: :45, 5:l5 p X
SONDAYS-S:0U, e:0u. 1000, IL A. NJ; 1:45
1IcketS for sale 1t MILL VALLEY or THOS
COOK q SON, 621 Market st.. San Francisco
lunder Palace HoteLl TeleDhoRe n ain bv62
The San Francisco call., 1897-06-02
DIR. WONG woo.
RAILROAD TRAVEL,
NORTH PACIFIC COAST RAILROAD
CVia Sausalito Ferry).
From San Francisco, Commencing MAY Q 1897

from San Francisco, Commencing May 2, 1897
WEEKDAYS
For Mil Valley and San Rafasl-7tOO, ss:lk
S:46' 1850 A. M "1:45 $40, 4:OO. 6:l5
$500, 80 p. o'
Extra trips for San Rafael on MondavS wednes
days and Saturdays at IL 80 p. NJ
SUNDAYS.
For NH Valley and San Rafael-.8 :oG. $500
*4:OO, $780, 6:46. II 200 p N.
II ;OO A NJ does not run to San Rafael; $3.50 and
II :OO p. n do not run 10 Mill Valley.
Trains marked run to san Quentin.
THROUGH TRAINS.
S:OO A n. weekdays for Cazadero and way sta.
lions; I;4o p NJ SATURDAYS for CaZadero and
way stations; 500 A. NJ sundays for Cazadero
ana way stations; 500 A. N. sundays for PORT
kePes and way stations
The San Francisco call., 1897-06-02
PASSES TO DURRANT'S EXECUTION
SAN QUENTIN.

Mr.. -: You invited to be present execution
Theodore Duant 1890 June Quentin Prison.
(Signed) w. E. HALE, Warden.
Present incosed al gate.
The San Francisco call., 1897-06-02

Inc song of the nightingale can bt
heard at the distance of a mile.
The San Francisco call., 1897-06-02

SANTA CRUZ DINISIUN. Marrow Gauge.
: foot of Market Streetl go
S:45A Santa Cruz Lxcursion Santa Cruz
and Principal Way Stations. ..,... tS;O0P
Ss10k Newark, Centcrv lie San Hose FELTON,,
B9utdcr Greek; Santa Cruzplld Way
e.. oIoLlonSi .t.+. otoOP
s2:15P Newark, CentGryiIei SaA Jose, New
..,,.. " Alma1lei Felton,. Boulder Greek, =.
Santa Cruz and Principal Way -
Stations alIi2OA
4;15P Sal:,lose and Glengood- -..:.,..s..... S:5Ok
T4:I5R FELTON, and Santa Ctz. ...... SS:00A
The San Francisco call., 1897-06-02
DR.. TOM SHE BIN.

Chinese Tea and Herb Sani-
tarium, els X earnv street,
between sacramento and
Commercial, san Francisco,
Cal.
The San Francisco call., 1897-06-02
8. ......cR * .RoUTE FERRY.

.-.*c CREEK ROUTE FERRY. ;.
FromS FRANCISCO Foot Of Market Street (SHp BY
.715 Z 800 # II :o0A.M. tl;8o t2:ee ts:oo
400 $500 's:eeP. N. :: s. s. ...> s. :
From OAKLAND o. Broadway 90 SEQ I0OoA.N.
tl2:oo .l;oo ~. ss:a:o 1860 .s;ooF:n'
COAST DIVISION .trhir,I ( 4oltilsend stA.lz..
i sz:OOA San J ose= =an,t Way zStatir1ls, New
Alniaden w Wednesdays onlyl.. ...::.., 1:3OP
t9:3OA Sunday Excursion for San Jose,
Santa Cr0z; Pacific Grove, snd =
Principal Way s. 1atf0ns. = .:s. .s.. ts;ooP+
0:Ook San jose, Tres PuGs, Sdnta Critz, -:
IT. 20: Paeilc&6iroye Paso: R0bles; San
- sLus 0llispo, Guadalupe, Surf aul
Principal Way Stations ..:... -. 4:lof
IO:4OA San jose and Way Statous.: f4..:. z:SOP
IL: BOA PalO Alto and Way Stntjolls- o:OOR
e2:3OPSan Mateez Redwood, :Mdnlo Park, -
San Iose. G ir0y, Tres I'iiios Santa
Cruz, Salinas, Monterey and Pacific . -: . =:
Grove Ay:syA
.3s30H San lose md Wa SSQti0ils ..-.sis Si4oA
e1:30P San jose ains Way Sta ions s:o2A
5:3OP San j and Principal w Way5t tatols 9:4oA
6:BO San Jose and ~ STA tiols..., 6;30A
tII:45P Saitz Josenu " Stations.
p for Morning. .I: p for ftarnoOn:
ssundays excepted Sundays only tSaturays only
# Monday Thursday and Saturday nights only.
q FSaturdaysa and Sundays. -. STrdays and Mondays.
The San Francisco call., 1897-06-02
RAILROAD TRAVEL
soUrHEKN rAcIrIc comrANT.

Trains leave and are due to arrive As
SAN FRA NGESCep.
Main Line Foot of Market Street9 -
The San Francisco call., 1897-06-16
BURIED BY BRETHREN,
California Commandery Conducts
the Funeral of the Late
Hiram Tubbs.
Old Employees Of the Deceased Carried
tie CISkst From His Late Home
10 the H arse.
OAKLAND OFFICE SAN FRANCISCO CALL,
9OS Broadway, June 10. {

SUO DIOduNdgs j JuiS III.
The funeral of the late Hiram 3. Tubbs
took place this afternoon from his late
residence in East Oakland.
The ceremonies were divided between
the religious and The Masonic. Rev. DR..
Stebbins conducted the religious portion,
and opened with a short prayer. The
choir of California Commandery, KnighIs
Templar, of which the deceased was
member, sang Still, Sill With Thee"
and after a short rea1ing from the Scrip
ture DR.. Stebbins spoke briefly OF the life
of the deceased and of his usefulness 10
the community and his loyalty TO the
State which he helped to build.
The Knights Templar then took charge
of the ceremony. The prelate, Rev. George
Walk, ID, conducted the ritual, assisted
by the eminent commander, J. Z. Fraser.
The Sir knights wore their full regalias,
and as they stood around the bier in the
large parlors the scene was peculiarly I'M
pressive. The funeral guard of honor of
the commandery was composed of Emf
nent Commander Fraser Generalissimo
G. II. Wilson, Commanding General F. W.
Titus, Prelate Rev. George E. Walk Past
Commander Thomas Kyle, Junior War
den H. Arcourt. Senior Warden G. E. w.
Bennett, Colonel II. J. Burns, Colonel j.
A. Young ana Sir Knight W. ;. Jeffers.
After the ceremonies the prelate delivered
short eulOgy of the deceased.
He referred to the deceased's long ac-
tive life, to his love for his children, as
evidenced by his many generous deeds;
of his loyalty TO his home, his example
a husband and father, his fidelity to the
high principles OF Masonry and his hon.
estY IN his dealings with has fellow
The pall-bear.rs were employees of the
Tubbs Cordage Com pany in its pioneer
days. They were: c. w. Z4hn, J. B. Full
ton, Edwin Stone, Cassimer Erickson, A.
n. Peach, J. L. Davidson, J. e. Hopper
Jr., John e. Dennison, J. L. Fallmer and
Henry Eastman, and The honorary pail
bearers were: E. n. Hall, w. S. Spinney,
J. S. Emery, Charles W. Kellogg, George
E. Grant, Colonel II. J. Burns and Thomas
Kyle. Al! the relatives of the deceased
were present at the ceremony. When the
cortege started for Mountain View Gene
terry a long line of carriages followed the
hearse out to the cemetery, where with
the ceremony attendant upon the en-
tombment of a knight Templar the re-
mains were placed IN the Tubbs vault,
The San Francisco call., 1897-06-16

VOUNG GIRL JUST FROM THE EA ST DE-
l. sires 10 secure n lucrative hOu sekeeperS place;
bachelors W dower's home preferred. 81
Mission ST. room 5.