The San Francisco call., 1897-12-16
ONCE MORE DURRAUq
IS DOOMED TO DIE
January Set by Judge Bahrs as the Date Upon
Which He VIII Be Executed at
San Quentin.

ceeulngs, and as his objections piled up,
the ghost OF Minnie Williams siaked
through the courtroom. He cited the
constitution OF the United States and the
State OF California in support of his posi-
lIoh, mat man charged with crime
ShouId be accorded a hearing and should
be confronted with the witnesses against
MIN. No name was mentioned, and none
seemed necessary.
Then the objection was made that the
norma non was not proper procedure;
the ground had been thrashed over before
but following this objection was a new
one ueuprey claimed that as d partment
was civil court, its Judge could not
nave jurisdiction over criminal matters,
ana he c.amed that the only proceeding
possible was 10 have the case assigned 10
some other department.. In this he was
interrupted by he court, who reminded
MIN that the use had originally been
tried before Judge Murphy of Department
8, and since then il had always been in
Department 3, and therefore the Judge OF
that court had jurisdiction.
Then Deuprey objected on the ground
that iEe order citing Durrant to appear
on Decem ber 10, having been drawn mp by
the Dlstrlct Attorney, was void, but again
the court interrupted, saying that
although the District Attorney had drawn
up The ORDER, it was in blank AMI al DAYS
ana dates had been filled in by the Judge
himself.
proceeding, Deuprey assailed the i'm
parualty OF the court, stating that the
facts had not been inquired into; that no
proper hearing had been allowed; that
matters were hurried 10 the detrIment
Of The prisoner and that it WAS impossible
for :he defendant TO secure fair hearing
before Judge Bahrs. In concluding Deu-
prey SAID that the time allowed had not
been sufficient for him 10 complete the
affidavit, but he would do so and file it
after the court adjourned.
Boardman followed Duprey with spe-
cific oojecuons to the jurisd dction of the
court, his principal points being that the
judgment under which Durrant was held
was OF no effect because of the lapse OF
time, and that the judge hal improperly
assumed jurisdiction of the case Again
the court remarked that the case had AL
ways been in Department g. and properly
so.
Included in Boardman's affidavit were
copies OF ali the records objected 10. the
records OF proceedings in the Federal
courts and the minute order of Judge lie
Haven denying me admission OF papers
on appeal. This document was, after
parts OF 1t had been read, submitted first
TO the District Attorney and then to the
court, and the crowd buzZed and hummed
right merrily, despite the bailiff's gavel,
until the proceedings were resumed.
The objections were all overruIed and
q,
Judge BahTs ordered the prisoner TO
stand.
Bailih's gavel nor Sheriff's voice could
queIl the excited murmur Of the crowd,
and only the opening words of the death
sentence could bring silence back again.
HIS Honor briefly recited the facts OF
the murder OF Blanche Lamont and the
prisoners conviction for il, and then
asked If Durrant had any reason 10 offer
why sentence should not be pronounced
Deuprey had some more objections about
jurisdiction, all of them technical, and
then the court proceed ed on to the end
AND do now order that the Judgment
OF death be executed by said Warden,
within the walls Of said State prison on
Friday, the 7th day OF January, one thou
sand eight hundred and ninety eight, be-
tween the hours OF sunrise and noon OF
said day, by hanging you by the neck un-
I'll you are dead. And may God have
mercy on your soul"
There vas silence as the invocation for
clemehcy closed. Then a door banged, a
chair toppled as one woman leaned too
far forward, and mechanically the baiIiff's
gaveI rose and fell with a clatter-and
then the hum and buzz and muir
mur broke out with fourfold force,
and the show being practically over
the peopled crushed ana jostled and ell
bowed one another TO the door and
Hooked out into The hall, laughing, joking,
com menting, comparing u with former
proceedings, criticiZing with the air and
knowledge of experts. 1t was plain they
were not to be hanged.
DIckInson's voice rose above the tu-
m ult, oblectlng because the tlE1e was too
short, and his objection was overruled.
Notice of appeal from anything and every
thing was made and noticed. and then
cOur: adjourned. while the Deputy Sher.
it's, shouting, pushing. almos. swearing
he rded the crowd out into the corridor
About 2OO0 people gathered about the
City Hall during the progress of the pro-
ceedlngs IN the court, drawn by curiosity
to see the murderer They blocked the
Railways and the entrances, and it re-
qutred the efforts of nearly a score of po-
Acemen to clear the building.
The police made feint OF being partic-
ularIy anxious to keep way clear from the
rotunda on City Hall avenue and that
gave the crowd the i'm preston that the
murderer was to be brought from the hall
that way, and so people gathered th"re.
At about noon the murderer was taken
out through a door on the McAlIister-
street side and into hack that drove up
according to n prearranRed signal, and he
was away with scarcely more than dozen
OF all that great crowd knowing he had
started on his journey back to prison.
There weIe the sane crowds at the
depOts on the wav and another army of
snapshot artists. The prison was reached
without incident and the murderer passed
in through the great steel gate in The
waIl-perhaps for the last lime.
Durrant will not be taken to the con-
demned cell for several days yet and per-
haps not until after Christmas. Warden
Hale believes that he is just as safe alo ne
III his cell in murderer's row as if under
the eyes of the death watch in the room
adjoining the gallows on the top floor of
the OLD prison furniture factory.