The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1897-06-05
DURRANT MUST HANG
GOV. BUDD REFUSES 10 GnAnT
EXECUTIVE CLEMExCr.
DEATH watch Ordered Placed ON the
hInn who HAS So Zen.
Rvaaed Punfshmens.

Sacramento. May sI.-Theodore Durrant
wili be hanged on June u. one week from
next Friday.
Governor Budd last evening teiephoned
that much in effect TO Warden Hale Of
San Quentin. at the same time ordering
the death watch placed on the pris0ner.
Immediately after teIephonink this mes
sage 10 Warden Hale. the governor was
driven In a closed carriage 10 the depot,
where he took the train for San FrancGs-
co. Notwithstanding the fact that the
governor has made his decision and that
the telephone message has leaked. the
same secrecy IL being maintained regard
ing the statement which the governor had
prepared and this statement viii not be
given out until tomorrow.
Legal Plight of Tive Wears.
The trial, which began on July n and
lasted until November i. was one OF the
most celebrated In criminal JnrispruGence.
Nearly 100 talesmeD were examined be-
fore a jury was secured. and six weeks
passed before the taking Of testimony
was begun. The evidences throughout
was cfrcumsGantlai. hut when taken to-
getIaer formed q chain 70 strong a. 20
admit Of ne reasonable doubt The prose-
eution produced witnesses, who traced
Dnrrant's movements on April from the
time he left Cooper Medical college until
he entered the church with Miss Lamont.
tered denial and in rebuttai produced
the roll call CT the college, which showed
that he was attending a Lecture ct the
hour when Miss Lamont was murdered
The prosecution disputed the reliability
OF the roll call, and showed that students
were accustomed to have CLASSMATES an
swer for them when they were not pres
ent. As the case became more hopeless
Durrant went on the stand himself, and.
although he maintained remarkable
composure throughout. his testimony on
a number OF important points was palpa-
bly, false The case was submitted to
the jury in the afternoon Of November
l. lSs5. after having been on trial over
three months. Twenty minutes after they
left the court room the jurors returned
and rendered q verdict Of guilty in the
first degree. The California law gives the
jury power TO tx the punishment OF the
criminal. but As no Recommendation Of
mercy was made. Judge Murphy q few
days later sentenced Durrant 10 Be hang
ed on February a. Ie96
The Struggle for Delay.
Then begun a fight for delay. Vigorous
~ maintained for almost 70 months. not
even ceastng with the execution o. the
death sentence DurranG appealed from
the judgment to the supreme court. hat
his appeal was not perfected for many
the bll OF exceptions--a very lengthy doc
ument
The defendants attorneys first prepared
their biil Of EXCEPTIONS the district at
torney added amendments thereto. then
followed frequent meetings Of opposing
counsel to determine their differences: the
document was read by the court and
given TO the printers. but It was August
/. 1SS. before the bin OF exceptions and
the transcript Of testimony reached tine
supreme court The case was then placed
on the supreme court calendar, and at
Los Angeles. in the following October.
The defendants attorneys not appearing,
the case was ordered submitted on the
papers hled.
Durrant's attorneys subsequently nov
ed to set aside the submission, and they
were allowed to hle briefs. but were per-
Eitted to make no oral argument. AttOr-
ney General Fitzgerald fled q brief in
reply, paIrrants attorneys answering the
attorney general In another brief, and the
case was not really under submission un-
til January. 1881.
The supreme court affirmed the decision
Of the superior court on March 3, ISg7,
and within 10 days. e.. on March Is
Durrant's attorneys fled a petition for a
rehearing. The application for q rehear-
ing was denied by the supreme court on
April 2. and the following day a nemlttltur
was handed down to department : of the
superior court ordering that court to pass
final Judgment
Superior Judge Bahrs Of department
fixed Saturday, April 10. as the day for
passing sentence, and on that date Dur
rant was resentenced and ordered to be
hanged at San Quentin state prison on
Friday. June II. on the afternoon OF
April 10 Durrans was taken from the
county Jail, where he had been confined
ever since he was held to answer 10 the
police court. and taken to san Quen-
tin.