The record-union., 1897-11-11

ASS N~A
reason or reasons why the judgment
of death heretofore pronounced against
you, and still remaining in full force,
should not be executed according to
law, therefore, in pursuance of law, it
is now ordered that the Sheriff of the
City and County of San Francisco,
State of California, deliver you to the
Warden of the State Prison at San
Quentin, County of Marin, State of
California, and that said Warden, after
such delivery, keep you in close confine-
ment in said State Prison until the exc
cution of the judgment of death here
tofore pronounced against you; and I
do now order that the judgment of
death be executed by said Warden
within the walls of said State Prison on
Friday, the 18th day of November,
1897, between the hours of sunrise and
noon of said day, by hanging you by
the neck until you are dead; and may
GOD have mercy on your SOUL
AS the words Friday, November
II, left the Judges lips, a murmu- of
horror ran through the room. Two
snort days to prepare for death, after
two years of false hope and encourage
ment. Women hid their faces. while
men craned their necks to see how Dur
rant would take it. He expected it,;
he never fiinched. AS the date OF his
doom was pronounced, just the sus-
plelon of sneer appeared on the corn
ers of his mouth. 1t was the express
ion Of one who would bid defiance TO
the last. And when all was over, and
the officials began to clear the court
room, he resumed his seat and chatted
unconcernedly with his father and some
sympathizing friends.
1t was somewhile before the gaping
mob was dispersed. All the while
Chief Jailer Sattler and Captain of the
Guard Birtem watched Durrant closely.
careful to see that nothing was passed
to him in any friendly handshake.
When all was clear the cuffs were
slipped on his wrists, he was rushed
down the staircase into a hack wait
ing by the Larkin-stre entrance, and
off to the ferry, where the boat was
taken for San Quentin and the con-
demned cell.
FITZGERALD'S VIEWS.
WASHINGTON, Nov. 10.-Attorney
Fitzgerald of California, who has been
here some time representing that State
in the Durrant and other cases in the
United States Supreme Court, in which
that State is interested, said to-day he
did not consider a motion to expedite
the sending down of the mandate from
the Supreme Court necessary. He add
ed the opinion that the California
courts could proceed In the Durrant
case regardless of the mandate, and
stated that he had so advised the
proper California authorities.
In taking this position, he quotes the
opinion of the Supreme Court in
the Julio case, in which it
was held that the stay of proceedings
involved in an appeal to the Supreme
Court ended with the rendering of a de-
cision by that court, and did not extend
to the time necessary in forwarding the
courts mandate.
Mr.. Fitzgerald thinks the local courts
can resume charge of the case .mme-
diate.y.
ALLENDER GIVES UP HOPE.
SAN JOSE, Nov. 10.-Harvey Allen
der was taken back to San Quentin this
morning. The officers were ready to
return him yesterday, but the papers
were not ready at the last minute. and
a delay was caused until this morning.
Allender has given up hope. and is
prepared for the worst He says he ex-
poets to secure no further delay. and
Will meet his fate
Allender expresses much regard for
murderer Hill, and says that they
spend much time in reading the Bible
and discussing theology He says Dur
rant has good education, but outside
of that the famous belfry murderer
knows nothing
In speaking of Durrant, Allender
says Deuprey is doing all his work for
no pecuniary consideration. "Deuprey
is an able lawyer" added Allender.
and may be back to see you all here
yet, for he may take some action in
Durrants case which will affect all of
uS''