The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-09
Writ of Habeas Corpus Denied the
Murderous Youth by the Supreme
Court of the United States.
LAWYER DUPREY SURPRISED
HE INTIMATES THERE WILL BE FUR
THEIR EFFORTS AT DELAY.
Prompt Execution of the Condemned
Man lis PrObabIe-One Of the Great.
est Criminals of the Century.

WASHINGTON, Nov. S-The United
States Supreme Court to-day affirmed the
decision of the Circuit Court for the Cali
fornia circuit refusing a writ of habeas
corpus to William Henry Theodore Durrant,
under sentence of death for the murder of
Miss Blanche Lamont, in San Francisco, in
April 1895. The case has attracted atten-
ton throughout the whole of the United
States. and to-day's decision permits the
law to take it's course with the condemned
man. Chief Justice Fuller announced the
courts conclusion, but made no remarks in
doing so.
The decision was in response to the mo-
ton of Attorney General Fitzgerald. entered
last Monday, to dismiss the case or affirm
the decision of the court below, and, of
course, relieves the court from the necessity
of hearing the case on it's merits on the 18th
inst, as at first arranged. The chief justice,
in rendering the opinion of the court, in
dulged in no comment whatever beyond re-
marking that the order of the Circuit Court
was affirmed on the authority of the de-
cisions of the court in the cases of Hurtado
VS.. California (Vol. ITO of the Supreme
Court reports), Nordstrom VS.. Washington
(Vol. 164 of these reports), and of Craemer
vs. Washington, recently decided
Attorney General Fitzgerald was present
in the courtroom when the opinion was rem
dered, and said it would insure Durrants
execution, and was in all respects satsfac-
tory to the state. There was absolutely no
interest whatever attendant on the an
nouncement of the chief justice. Only few
of the usual Mondays crowd of sightseers
at the court knew the significance of the
conclusion of the court. The chief justice
made the announcement along with list
of others, and his rapid indistinct utterance
conveyed no intimaton that it was probably
the last legal step in one of the most cee-
brated of the country's crimes.
The court granted the motion of the Cali
fornia state attorney general to advance the
cases of Hill and Crossley, two men under
sentence of death in California, fixing the
date for their hearing on the first Monday
Of December.
AS soon as the opinion Of the chief JUS
tice was known, Attorney General Fitz-
gerald telegraphed the fact to the district
attorney having charge of the case, and it
will devolve on the latter officer TO deter
mine just when Durrant shall be brought
before the Superior Court at San. Francisco
for resentence. 1t will not be necessary
for Fitzgerald to await the reception of the
formal mandate of the Supreme Court.
which usually is handed down in about
thirty days from the time of the decision.
This fact, he says, was fully established
in the Jugiro murder case, brought to the
Supreme Court from New York State. The
attorney general further says that the stat
utory rule of sixty days does not apply in
the case of the resentence of murderer,
and Durrant may be executed without de-
lay. Durrant. he says, will be promptly
sentenced and the time of the execution
will be fixed by the Superior Court. Mr..
Fitzgerald preferred not to express an opin-
ion as to how soon he thought the death
penalty would be imposed. Concerning the
possibility of any other legal steps by Dur
rants counsel to secure further delay in
the execution of the death sentence. Mr..
Fitzgerald said THE question of any fur
ther delay by federal interrogation will rest
solely with the United States judges in CAL
ifornia~ They are, in my opinion, fully au-
thorized by the decision Of the, United
States Supreme Court, to refuse absolutely
to entertain or to make any new order on
a second application for a writ of habeas
corpus in this case; for it has been repeat
edly held by that court that the United
States Circuit and District courts may, in
their discretion in cases of this character
refuse a state prisoner the remedy by
habeas corpus and put him to his writ of
error"