The herald., 1897-06-05
SPLITTING HAIRS FOR LIFE

Tne struggle OF Theodore Durrant's S
attorneys in his behalf would seem to
have been rewarded by temporary euc-
cess. The convict had been removed to
the condemned cell and the death watch
placed over him. The awfulness of the
situation produced the first observable
shock to the confidence of this remark
abe young criminal since the day of his
arrest, more than two years ago. And
row 1t happens that the state will be
compelled to grant him further respite
Of several months. until the supreme
court of the United States shall pass
upon the merits of hie appeal.
The appeal would seem to be purely
technical and wholly without merit, If
judged by the ordinary standard Of conf
mon sense, but Durrant' sattorneys still
assert his innocence, with great earnest
ness. and declare that they need only
time in order to prove the truth Of their
assertion.
The question presented by the appeal
does not involve any deep legal PROPOSE
tioA oA'4 may NC SldtCu very lew
words. Prior to 1891 the execution of the
death penalty was Carried out by the
sheriffs of the several counties. The leg
islature of that year established a new
rule, by which the sheriffs were required
to deliver the convicted prisoner ito the
warden of one of the etate prisons for
execution"
But, under the former law, the pris-
oner executed at the county seat was not
compelled to suffer the degradation of
having his head shaved nor of wearing
prison stripes. nor did the amendment
Of 1891 so require, in terms In the case
Of the prisoners who should be delivered
to the warden. But the rule that governs
the state prisons requires that all prison.
ers confined there shall be subjected to
this treatment. This is an implied part
of the punishment of every prisoner re-
ceived into those institutions.
But, again, the law does not sanction
nor authorize, in terms. the two punish
ments-imprisonment in the state prison
oAi0 Tie CIlult OI InurOGT.
Now, ii is contended that the delivery
to the warden" Of prieoner Durrant, "for
execution" having been followed by the
shaving of his head and clothing of his
person in convict stripes amounts to the
full sentence of imprisonment" and
that the prisoner has, therefore,
been been duly sentenced to one
Of the penalties for murder and the
sentence having been carried into
practical effect, the other sentence, that
the prisoner be hanged by the neck can
not be lawfully executed.
Upon this proposition the attorneys for
Durrant went before the governor and
sought the release Of the prisoner, or
failing in that, the Communication of the
death penalty to that of continued i'm
prisonment.
The governor refused to interfere and
thereupon an application was made to
the circuit court of the United States,
for the writ of habeas corpus This court
refused to grant the writ, and Durrant
appeals from that decision to the
supreme court of the United Statee with
the result, as telegraphed from Sacra-
mento, that the attorney general will
advise the warden that the execution
of the death penalty be stayed until the
appeal shall be decided.
The same point has been. raised in the
same manner in the case of Salter n
Worden, whose sentence was to have
been carried into effect yesterday. and
he too will obtain a respite. of a few
months, with all the chances that the
lapse of that period may develop for his
relief.