The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-11-16

The Superior Court Too Hasty In Passing
Sentence B.foro the Federal supreme
Court kDecision Is Sent DOwn-Prepara
tions for the HaDginE-The News Given
TO the Prisoner and His MOiher-ihe
Meeting the. Two-Both Hope
full to the Last
liam Henry Theodore Durrant will not
he hanged at San Quentin tomorrow
after all, the supreme court of this
state having granted him another re-
spite at the eleventh hour. Up to 4
o'clock this afternoon, when the news
flashed over the wires from Sacremen-
to that the court, now in session there
had granted a writ of probable cause,
and instructed Warden Hale not to
carry out the execution Of Durrant
until further orders, there was appar-
emily no further hope for the condemn
ed murderer Of Blanch Lamont and
Minnie Williams, as his attorneys,
Messrs. Dickinson and Boardman had
made a futile effort to secure mother
writ OF habeas corpus in the United
States court and had not even been
granted permission to appeal from that
decision to the supreme court or the
United States.
Meanwhile, however, Attorney Du-
prey 'hastened to Sacramento and ap-
piled to the state supreme cour for a
writ Of probable cause, for the purpose
OF staying the proceedings against his
client upon the ground hat no official
knowledge Of the action Of the SUI
preme court of the United States in
matter Of Durrant's appealing from
the decision of the federal court had
yet been received; that the superior
court had acted too hastily in sentence
ing Durrant to be hanged tomorrow as
the law required that he be given at
least sixty days grace, and thirdly, that
the tendency Of an appeal in the SUI
preme court affecting the condemned
was OF it's self sufficient cause for a stay
of execution. The matter was par
italy argued in chambers and later
argued before the full court and taken
under advisement. Shortly afterward
the court announced it's decision, grant
ing the writ applied for, in which all
the Justices concurred.
This has been a day Of suppressed
excitement in and about the peniten-
tIary. The preparations for the execu-
ton of Durrant had all been completed
and the prison officials were in readi-
ness to carry out the death sentence
from which there seemed to be no
further appeal. The man alone was
hopeful that he might yet obtain a
longer lease Of life. He spent the
greater part Of the day in reading and
had little to say to any one. AT 5:3O
O'Clock p. m, the news that the su-
preme court had granted a reprieve
was received at the prison in a message
to Warden Hale from Chief Justice
Beatty.
Captain Edgar, who opened the dis
patch in the absence Of the warden, i'm
mediately wrote a note conveying the
information to the condemned a
The message was sent to the death cell
by q guard. Durrant quickly e 1t
and without any great display of emo
ton. fell on his knees and rayed ST.
lently for several minutes
Mrs. Durrant, the mother of the
prisoner, was a passenger on the $3.50
o'clock boat from San Francisco. When
she reachd the prison, the news was
told to her. She was cheerful on the
way over, saying that she had put her
faith in God and felt that He would
not desert her. On arrival at the prison
she was informed that her sons life had
been spared and that h might see
him later. Thank God" she said.
Then she went to a hotel for rest and
refreshments. At 7 p. m. o'clock she
returned to the prison and was ad-
mitted to Captain Edgar's office where
her boy was waiting to meet her. The
death veil was removed n Durrant
was broght down to the office and 1t
will not again be placed over the
prisoner unless required by future de-
velopments in the case. Mrs. Durrant
remained with her son in close CONVEX
sation for some time.