The herald., 1897-11-13
win Durrant Ornament
the GaIIows
HIS SECOND LEASE OF LIFE
! CANNOT EXPIRE BEFORE NEXT
MARCH
J The Two other Murderers, Allender
and Hill, Are Also Threatened
With Senile Decay
Associated Press special Wire.


: SAN FRANCISCO, Nov. Pin view
OF the fact that the supreme court,
which is now in session at Sacramento,
: will adjourn on Tuesday next until the
considered probable that w. H. T. Dur
rant, the condemned murderer of
Blanche Lamont, will expiate the crime
for which he was sentenced to be hanged
in December, 1895, during the current
year. In the ordinary course of events
the matter cannot come up for hearing
upon the points involved in the order
granting the certificate of probable
cause, to which the murderer owes his
. second lease of life, until the middle of
January, even though the forwarding
of the remittitur from the supreme court
yof the United States be expedited. Af
ter the case has been decided another 80
9 days at least must intervene before the
remittitur from the state supreme court
can reach the trial court, and the con-
demned man be resentenced for the Sec
ond time. This course would not allow
the execution to take place before the
latter part of February or beginning of
March next.
It is possible that the attorney gen.
eral may apply to the supreme court
to advance the case and hear it as spe-
cial order; but this action is so unusual
that few attorneys entertain the sug-
gestion as likely to be accomplished.
Meantime Durrant has been removed
from the condemned cell and returned
to his old cell, No. 81, in murderers' row,
1T San Quentin, where he will remain
until the supreme court passes upon the
questions raised by his attorneys.
THE ALLENDER CASE
SAN JOSE, CAL, Nov. 1.-THE deci-
sion Of the Supreme Court in the case of
Durrant has aroused some discussion
here as to its effect on the case Of Allen
der.
Attorney Morehouse, who defended
Allender. said this morning that he did
not expect now to take any further
steps in the case. He said: when
Allender was brought before Judge
Lorigan to be re-sentenced, told him
I could object on the grounds that the
yemittitur had not been received and the
ten days allowed after the dismissal of
tAAC &RRChAs <AAACIl0CA tOAO AlC tHdt llE
did not desire that take any further
steps as delay only meant a continu-
ance Of the agony, which he did not de-
sire. I therefore made no objection to
the sentence being passed by the court"
District Attorney Harrington, on
whose motion Allender was brought
before the court, declined to discuss the
case further than to say that defend
ant was entitled to ten days after the
decision by the United States Supreme
Court in which to file his bill of excep-
tions or take such other proceedings as
the law allowed. He declined to express
any opinion on the legality Of the re-
sentence of Allender as affected by the
ruling of the State Supreme Court.
Among the attendants about court
who express an opinion, it seems to be
held that Allender has forfeited any
rights he might have had by not object
ing when called up for re-sentence. It
is intimated that if objections had been
made, sentence would have been defer
red. Some opinions, however, are ex-
pressed that the sentence is illegal
whether objection was made or not and
can be set aside on motion.
HILL ALSO HAS HOPES
OAKLAND, Nov. 12.-The attorneys
for Benjamin Hill, the wife murderer,
whose case is now before the United
States Supreme Court, have started on
an entirely new tack to save their eli
ent. Attorneys w. w. Foote, M. c.
Chapman and Thomas Bradley have
prepared brief for submission to the
court that attacks the proceedings in
the case from the beginning.
The attorneys declare that Hills trial
was Illegal, and the start is made on the
proposition that the police court of Oak
land is not a legal institution.
Reference is made in the brief more
particularly to the section of the law
providing that in cities not exceeding
900 Justices court is given jurisdc-
tion as police court. The point raised
Is that the legislation established a
special class and was thus opposed to
the doctrine laid down in the new con-
stitution.
1t is claimed by the attorneys that
this nullifies all the proceedings against
Hill. Such is the argument that the at
torneys have prepared and will submit
to the United States Supreme Court.