The herald., 1897-11-23
A BILL SIGNED
Which Allows Durrant to
Appeal
A REMITTlTUR Is Received
WITH THE SUPREME COURTS
MANDATE
What the Next Step to Bo Taken May
Be No Fellow Can Find

attorneys interested In the Durrant case
assembled in Judge Bahrs' chambers
this morning by engagement made IN
court last Saturday, when the judge re-
fused to settle the bill Of exceptions on
appeal in the Durrant case, they found
that His Honor had changed his mind.
He announced his intention of signing
the bill, and did SO, thus perfecting the
appeal to the Supreme Court from the
refusal to fix a date for the trial of the
Minnie Williams murder case.
REMITTITUR RECEIVED
The much expected remittitur from the
United States Supreme Court arrived
today by mail, addressed to the United
States Marshal. 1t reads as follows:
United States of America-s.s.
1.-THE President of the United States
of America to the Honorable Judges OF
the Circuit Court of the United States
for the Northern District Of California,
Greeting:
whereas, lately in the Circuit Court
of the United States for the Northern
District of California, before you, or
some of you, in a case entitled. In the
application of w. H. T. Durrant for
writ of habeas corpus. wherein the order
of the said court entered in said cause
on tie second day of June, A. d. 1897,
was in the following words, viz: Now
come Eugene N. Dueprey. Charles A.
Garter and Louis P. Boardman, Es-
quires, counsel for the petitioner, and
present to the court the petition of w.
Fl. T. Durrant for a writ of habeas cor
pus, and the same having been read to
the court by Mr.. Deuprey, and argu-
ment thereon by each Of the counsel for
petitioner having been heard by the
court and fully considered it Is or
dered that the writ of habeas corpus in
said petition prayed be, and the same
hereby is, denied, and that the petition
of said w. H. T. Durrant herein be. and
same hereby is, dismissed
GAS by the inspection of the transcript
of the records of said Circuit Court,
which was brought into the Supreme
Court of the United States by virtue OF
an appeal wherein w. f. Hale, Warden
of the State prison at San Quentin, Marin
County, California, was made appellee
agreeably to the act Congress in sucE
cases made and provided, fully and al
large appears; and,
Whereas, in the present term Of Oc'
tober, in the year Of our Lord Ont
Thousand Eight Hundred and Ninety
Seven, the said cause came on to b.
heard before the said Supreme Cour
on the said transcript record, and OF
motions to dismiss or affirm, which
were argued by counsel, on considera
ton whereof, it Is now here ordained
adjudged and decreed by this court tina
the order of the said Circuit Court IL
this cause be, and the same Is, hereb!
affirmed, with costs; and that the sait
appellee, w. e. Hale, Warden, ETC., re
cover against the said appellant for hi
costs herein expended and have execu
ton therefor November s, 1897.
you, therefore, are hereby com
manded that such execution and pro
ceedings be had in such case as accord
ing to right and justice and the laws o
the United States, ought to be had, th
said appeal notwithstanding.
"Witness the honorable Melville w
Fuller, Chief Justice Of the Unitc(
States, the 10th day Of November, in th
year of our Lord, One Thousand Eigh
Hundred and Ninety-Seven.
| JAMES M'KENNEY,
"Clerk Of the Supreme Court of tn
| United States"
MORE COMPLEX THAN EVER
What action will now be taken t.
hasten the condemned mans execution
is not known. The Superior Court ha
lost Jurisdiction Of the case by reasol
of Durrant's appeal from the order o
Judge Bahrs fixing the date of his exc
cution, so District Attorney Barnes will
make no move until the appeal Is dis
posed Of.
Acting Attorney General Carter vii
endeavor to hasten the proceedings il
the Supreme Court, and to that end viii
Iprobably move to dismiss Durrant's ap
peal. If the motion Is granted, 1t vii
then be the duty of the Superior Cour
to again fix the date of execution.
If the Supreme Court denies the mo
ton to dismiss the appeal, 1t will in al
probability render speedy decision o.
both of Durrant's appeals-the first from
the form of judgment pronounced b.
Judge Bahrs, and the second from Judg
Bahrs' order fixing the date OF execution
The purpose and the effect of the secon
lappeal was merely to stay execution til
the mandate was received. 1t has al
ready served it's purpose; a dismissa
could work no injury to the defendan
and a decision could not benefit him.
>o
Civil Service Rules
WASHINGTON, Nov. 22.-Presiden
-