The herald., 1897-06-04
DURRANT
WILL DIE
Though Safely Housed and
Well Fed
coMpANIoNsHIp OF woRDEN
MAY MAKE THE YEARS PASS
PLEASANTLY
But Age Conquers All the Sons Of Man
and Durrant Will Surely Die
Sometime


Associated Press Special Wire.
SAN FRANCISCO. June 3.-While
he blessee his good fortune and Section
766 of the United States Revised Stat
utes. Theodore Durrant may look for
ward with some assurance to at least
seven months more of life.
Today, with the end Of his life only
eight days away, the simple act on an
appeal to the United States supreme
court arrested the process Of the state
courts and set far outside the shadow
of the waiting scaffold. His execution ie'
now stayed until after the supreme
court of the United States meets again,
which will not be until next october.
and passes upon the appeal from the cir
cult court, which was allowed today.
Even If the appeal should be dismissed
early in the term, the thirty days al
lowed by the state law between the time
when the day for execution is fixed and
the day of execution, would carry the
matter pretty well toward the end Of
the year. The possibilities for further
delay are 50 numerous that practically
he has an insurable lease Of life into the
new year.
No formal stay Of execution, however,
has been given. Attorney-General Fitz-
gerald has not yet advised Warden Hale
not to proceed with the execution on
June 11th. but he had given such advice
to Warden Aull of Folsom, in the Wor-
den case, and the Durrant case stands
on precisely the same, footing. Dur
rants attorneys regard their immediate
labors in his behalf ae at an end, and
are preparing for their next effort, which
will be before the United States supreme
court. 1e,4 st4 t5s sf
al IN HIS CELL
SAN FRANCISCO. June s,--Theodore
Durrant seems to 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 restless
sleep. The warden was at once notified
of the change in Durrant's demeanor.
Orders were issued to increase the death
watch and to maintain the vigil with
greater care than before.
= Captain Edgard commanded that
guard be stationed every minute of the
day and night in the cage with the con-
demned man. Whatever Durrant may
do the eyes of guard will be upon him.
Three men will watch with him until he
dies ON the gallows.
Durrant's father carried to the con-
demned man yesterday the information
that the United States District Court
had denied the writ of habeas corpus
and the next fight for life must be made
at Washington before the Supreme
Court.
A special messenger will hurry across
the continent, but he cannot reach
Washington before next Wednesday. He
will have the greatest good fortune If
he receives an audience from the Su-
preme Court that day. 1t Is probable
that a hearing will not be granted be-
fore Thursday Of next week and on the
the following day Durrant must die il
the national tribunal does not exert It's
The elder Durrant wept as he told his
son the story. but he bade the con-
demned man to be of good cheer and not
to lose heart until he last hope is gone.
If the journey is made without accident
a return staying the execution may be
served by telegraph on the warden The
son said he would be brave. AS he spoke
to his father a wire screen and wooden
bars separated them.
APPEAL ALLOWED
SAN FRANCISCO, June 3.-The attor-
neys for Theodore Durrant again ap-
peared before Judge Gilbert in the United
States Court today and applied for a
writ of supersedeae for the purpose of
staying the execution of the sentence,
but this was denied by the court.
An application for leave to appeal from
this decision to the Supreme Court of the
United States was then made and
granted. Although 1t Is an open question
in view of the denial of the writ
Of supersedeas, this order of the court
acts as stay of proceedings, Attorney
General Fitzgerald has wired to Warden
Hale to take no action in the premises
pending the appeal. AS the United
States Supreme Court does not meet
again until October next, this virtually
means respite for six months at least
ATTORNEYS CONFIDENT
SAN FRANCISCO. June S.-Durrant's
4 dtlCIHcyS OC1IcVc AOW tAdt lAcy nave
positively postponed the execution OF
their client until the Supreme Court Of
The United States can give them hear
ing. 1t is true that their petition for
4 writ of habeas corpus has been denied
by the United States Circuit Court but
rom this order of denial they claim to
nave an appeal ae matter Of right and
hey claim that the statute authority
lets ipso facto as stay of proceedings
lnder Judgment of the State Court until
he appeal is finally determined. In that
Ease 1t is immaterial whether the court
grants supersedeas or not.
In some eense they have precedent
IN which to base their confidence. In the
action OF Judge Hawley. who allowed
IN appeal In the Worden case to the
United States Circuit Court Of Appeals,
he petition In that case having been
He'd Ia the District Court but deutSd q
leaving Worden % what
'ver protection from hanging the ~
lra1 statute acting A. 1 stay may ifve
! bsrssnt's sssorays tzpset sli2aIas