The herald., 1897-06-01
The Governor Announces
His Decision
A CAREFUL INVESTIGATION
SHOWS NO GOOD GROUND FOR
ACTION
Executive Clemency Also Denied
Worden-Durrant's Attorneys
Still Stubbornly Fighting
Associated Press Special Wire.

Associated Press Special Wire.
SAN FRANCISCO, May 31-Governor
Budd, at o'clock this afternoon issued
statement to the effect that he saw
no good reason for interfering in either
the cases Of Durrant or Worden, SEN
fenced to hang for murder on June 11th,
and 4th, respectively.
The former was, convicted Of the mur-
der Of Blanche Lamont at Emanuel
Baptist church, and Worden was found
guilty of wrecking train during the
A. R. U. strike three years ago, when
Engineer Clark and three United States
soldiers were killed.
DURRANT'S CASE
| SACRAMENTO, May 31.-The state
ment of the governor in the Durrant caee
as given out at his office late this after
noon runs as follows:
"The hearing of the application of W.
H. T. Durrant for pardon or commuta-
tion of sentence, heretofore filed. came
on for hearing at this office Friday. May
IA, 1897. Notice was given to the attor-
neys for Durrant, the district attorney
Of San Francisco, and to the public
! through the press. Mr.. Eugene Duprey
and George A. A. Tubb, attorneys for
Durrant, appeared at the hearing and
presented his claims for executive inter-
ference. No appearance was made in
opposition. At the conclusion of the
I11 ~, kI-, =
visement. Under the law and the con-
stitution, the duty Is imposed upon the
governor of inquiring into applications
for pardon or other interference with
the judgments of the courts in the most
geneal manner. The evidence Is required
to be forwarded to him for examination.
The trial judge and district attorney are
required to furnish statements Of the
facts poven at the trial, and the gov
ernor may inquire into and require a
statement of any other facts having ref
erence to the propriety of granting or
refusing the pardon.
| Under ouch circumstances 1t becomes
the duty of the executive in proper
case to give the evidence in the case, the
circumstances attending the trial and
the credibility of the witnesses the
most searching investigation. He
should examine newly discovered evil
dence and consider and give the proper
weight to evidence and circumstances
which could not have been and were not
introduced at or considered by the trial
court.
I'm the case of Durrant the petition
was based upon the claim that the de-
fendant did not have fair and impartial
| kr;1 ~, - ~ =
prejudice of the community in which he
was tried and the course of the press
during the conduct of the trial were such
that the evidence could not have been,
and would not have been, impartially
considered by the jury, and that If it had
been so considered, that the defendant
would not have been convicted.
"The claim was also made that the
witnesses, through age and the lack of
powers of observation or from interest
ed motives, had misunderstood or mis-
stated the facts, and that there was evil
dence that had rot been or could not
have been presented to the trial court
or considered by the supreme court, be-
cause of it's character, or other reasons.
Under such circumstances and upon
such reasons having been advanced, the
duty of the governor to thoroughly in
vestigate the case, to look into the cir
cumstances Of the trial. to sift he evil
dence, to inquire into the motives and
credibility of the witnesses and to make
such other and further investigation
into the matter as its nature and its
gravity demanded, was plain.
II have deemed it my deuty in this
case, without regard to precedent, to
make this investigation
| "In the case under consideration, w.
HI. T. Durrant has been convicted of the
murder of Blanche Lamont, and has
been informed against for the killing of
Minnie Williams.
II have carefully considered the evil
dence produced at Durrant's trial.
have interviewed the witnesses and in
Quired into their character and credi-
bility; I have heard all arguments made
or offered by his attorneys, and by other
persons who might be likely to inform
me in this matter.
"A careful and thorough investiga-
tion into the evidence in this case and
the facts ard circumstances attending
it, has convinced me that 1t is not q
proper case for my interference.
mo new evidence has been produced
tending to show the innocence of Dur
rant or creating a doubt of his guilt.
feel satisfied that his trial, where he
was found guilty by jury, was fair,
and surrounded and attended by all prop
er legal safeguards and guarantees.
after conference with the witnesses
am convinced of their honesty and
credibility, and from an examination Of
the evidence feel that 1t was in itself
sufficient in character and extent to
have justified the verdict and the judg-
ment passed upon it, while in my In
vestigation I found other material COR
roborating circumstances not produced
at the trial. which tended further to sup
port he verdict.
Under such circumstances. nnding
no irregularity in the trial OF the case.
and that the evidence justified verdict
Of guilty. cannot do otherwise than
follow the supreme court and pexnit ~