The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-06-04
ACTS AS A RESPITE
DURRANT has LEAVE TO APPEAL
TO THE SUPREME COURT.

AZ 4Ao OUI 00Ao OVOoAs
Attorney General Wires Warden Hale {
Take no Action Pending the Appea
Which Is Believed to Mean . Respite {
October Rape Fiend Arrested 4
sedalia Gold Brick Thief and Hi
Partner Fall Out - Bank Cashiers Mi
doinEs-Pittsburg Anarchists Fire =
| AIexaadria, Va.
San Francisco, June 3.-The attorney
for Theodore Durrant again appeared
before Judge Gilbert in the United State
circuit court today. and applied for /,
writ of supersedeas for the purpose o
but this was denied by the court. Al
application for leave TO appeal from thii
decision 20 the supreme court Of tn
United States was then granted. AL
though it is an open question, whether
in view Of the denial Of the writ Of SUI
persedeas, the order of the courts act:
as stay of proceedings, Attorney Gen
erdl Fitzgerald wired to Warden Hale
10 take no action in the premises, pend.
ing the appeal AS the United States
supreme court does not meet again until
October next, this virtually means re-
spite for six months. at least.
! San Quentin, Cal, June 3.-Theodore
Durrant seems 10 be breaking down. a
member of the death watch was seated
at his side last night looking down upon
| him as he tossed and tumbled In his
restless sleep. The warden was at once
notified of the change in Durrants de-
meanor. Orders were issued TO increase
| the death watch and maintain the vigil
! with greater care than before.
| Captain Edgar commanded that a
guard be stationed every minute OF the
demned man. Whatever Durraut may
do the eyes Of the guard will be upon
him. Three men will watch him uptil
he dies upon the gallows.
Durrant's father carried to the con-
demned man yesterday the news that
the United States district court had de-
MED ne writ Of habeas corpus and that
the next fight for life must be made at
Washington before the supreme court.
The elder Durrant wept yesterday as
he told his son the story. but he babe
the condemned man to be of good cheer
and not to lose heart until the last hope
is gone. The son said he would be
brave. AS he spoke to his father a wire
screen and wooden bars separated them
At IL O'Clock this morning Durrants
attorneys asked the circuit court for per-
mission to appeal to the United States
supreme court. If this request were
granted, they said. they would be salts
fed, as they contended that it would
act as as stay of. execution.
WORDEN MAY APPEAL, TOO.
San Francisco June Sin the United
States circuit court today, Judge Gilbert
denied the application of the attorneys
of Salter d. Worden, the condemned
train wrecker. for writ Of habeaS cor
pus. A motion was then made for leave
to appeal TO the supreme cour. of the
United States. and was granted. Warden
Aull said this afternoon that he was
looking for an opinion from the attorney
general, and If it was a positive one,
he would act upon IL.
Warden Aull of Folsom prison .tele-
phoned this evening that he had received
a Geographic message from the attorney
general advising him not 10 proceed with
the hanging of Worden tomorrow. Act
ing upon this advice the execution will
rot lake place as intended. Warden Au,l
says he has notified Worden and has had
the CailoWs taken down.
BUTLER IN AUSTRALIA.
San Francisco. June 3.-The steamship
Maripose. upon which Murderer Butler
Ashe. was returned to Australia for trial.
arrived today bringing the story OF his
reception in the land OF his many
crimes. Upon his arrival at Sydney, But
Ter was taken Immediately to Darlington
Hurst Jail, where he was Photographed
and placed under constant surveillance
His case was set for trial on May 81,
Butler meanwhile being allowed to see
no one but his legal advisor. Mr. Mark
Williamson.
QUIET AT SAN QUENTIN.
San Quentin. Cal, June 3-The great
revolt among the convicts at San Quan-
tin is practically al an end. Captain Ed
gar, The guardian of the prison yard,
has the prisoners under his complete con-
tiol and has won signal victory over
the men in stripes. Yesterday afternoon
nearly 100 men were released from SOL
itary confinement and are now willing
TO go to work in the jute mill
SEDALIA'S RAPE FIEND.
Sedaiia. Mo-, June S-W. H. Wilbur.
the teamster who made nine-year-old |
Gentry drunk last Sunday and !
then m,streated her. has been identified |
as the man who assaulted Ida Cation. a |
girl. in East Sedalia a few
weeks ago. Miss Cation was taken TO |
ire jail and had no hesitation In say
ing that he was the man who assaulted |
ner.
wrought up over wilbur's crime and II 1
a leader should be found IL is possible |
he may be lynched.
\ majority OF the saloon-keepars held |
a meeting and passed resolutions de- |
Saloonkeeper Zibe for having |
sold liquor 70 the little girl and also !
that Zibe's license be re- /
voked Cor all time.
COLoRED WIFE MURDERER.
Mor-is;ovn, y. j.. June 5.-David Will 1
son, :he colored murderer. was hanged |
here a. 1905 a m He murdered MS |
wife in a ;enemen; house on June S,
1895. oy chopping her 20 death nth an
axe. Wilson admitted his guilt
SHOT FROM AMBUSH.
Huntsville, Tenn. June Esquire
Claxton CT Campbell county.
was shot from ambush and killed by |
some unknown party yesterday az the /
foo: Of Braden Mountain ConS;a Die
poIlr,1.1-a rfa Was vf-k.Ctay-o0 IL "a