The San Francisco call., 1897-11-12
A Legal Tangle That May
Require Many Months
to UnraVel.
WILL TRY TO FORCE HALE TO ACT.
Deputy Attorney-G General Garter Plans
Move to Compel the Hanging
of the Murderer To-Day.

Theodore Durranps attorneys have
scored one more victory in the long fight
for the young murderer's life and he will
not die upon the gaIows to-day. Three
times now the arm of the law has been
stayed as it was a bout to place the halter
around the neck of the slayer of Blan che
Lamont, and upon this, the day that
twenty -four hours ago seemed destined to
be the last to dawn upon him, tinds his
case involved in legal tangle that may
require months 10 unravel.
The struggle was begun early yesterday
morning by Attorneys Dickinson and
Boardman, on behalf OF Durrant's father,
applying to The Unittd States Circuit
Court for writ OF habeas corpus Argu-
ments were heard at the morning session
by Judges Morrow and De Haven, and at
. O. clock Jud ge Morrow gave mis- decision
denying the writ .and refusing 10 permit
an appeal to the United States Supreme
Court.
Durrant had lest the first move, but E.
n. D.uprey, his leading counsel. had gone
10 Sacramento, where the State Supre me
Court is in session, and filed an az lica-
tion for certificate OF proba nle, cause to
stay proceedings under an order of the
Supreme Court, fixing a day for the exc
cution of the judgment OF death pro-
nounced by Superior Judge B hrs.
Chief Justice Beatty delivered the opin-
ion of the court granting the certificate
asked for, and Durralrs life was spared
Tor time at least.
When Waidsn Hale of San Quentin
lr o1 Of hn rf ha
Court he hunted up Deputy Attorney
General Carter, in the absence of Attor-
ney-General Fitzgerald, and requested an
opinion as to whether the acLlon of the
Supreme Court was mandatory in staying
the execution, but the deputy declined TO
gl7e an opinion.
Attorney Carter was preparing a coun-
er-move to checkmate That made by Deu-
prey, and, singularly enough, his plan,
which he will attempt to pat into execu-
tion this morning, consists of array ng
the State Supreme Court against its
own judgment. Deputy Carter's plan
is 10 apply 10 the court for writ of man
date compelling Warden Hal TO carry
out the sentence of death pronounced by
Judge Bahrs last Wednesday,.
Under The law the court is obliged to
issue the writ, but prominent lawyers are
OF the opinion tnat it will fail 10 serve its
purpose. According 10 the sentence I'M
posed by Judge Bahrs, Warden Hale is
instructed 10 execute Durrant between
the ht urs of sunrise and noon to-day. AS
the Supreme Court will not convene uni ii
II o'clock, it will be mpossible for Deputy
Carter 10 present his application for
writ oil mandate, argue the motion and
have it granted, AID get it to Warden
Hale at San Quentin before The expiration
of the time set by Judge Bahrs for The
execution. Thus another complication
will be ADDED to the case.
The question has been raised whether
the action OF the Supreme Court In stay
ing the execution does not bar for all time
the intilclion of the death penalty upon
Durrant, on the ground that he has al
ready been placed in jeopardy three
times, and there ore, cannot be sentenced
AGAIN, but District Attorney Barnes said
last night that tie could be sentenced to
death hundred times if necessary.
The opinion was frequently EXPIRE Sc
last evening at hotels, cubs and public
places that Durrant would never de on
the gal!ows. y manager OF u leading life
insurance company remarked, You may
say in The CALL that one life company
considers Durrant a gooi risk"
One Cf the most prominent attorneys OF
the city predicted that the sentence of
death in the Durraut case would never be
executed. In this way he reasoned:
Now that the Supreme Court has granted
the certificate for probable cause OF ap-
peal the attorneys Of Durrant will have
sixty days time TO repare the appeal. 1t
cannot 90 on the January calendar, and
Will therefore 20 over until next July.
Should the appeal be denied as
1t will, no doubt and the case
go back TO Judge Bahrs for re.
sentence, the same old tao les of de-
lay, by appealing To the Circuit Court and
7
Court may be followed. The case can
thus revoIve as long as the defendant can
provide money to employ counsel. In
this Stale criminal convicted of capital
punishment can escape the galloWs if he
has money. The truth is that the Su-
pIeme Court granted the certificate on
frivolous showing. There is nothing in
the point that the mandate of the United
States Supreme Court should be certified
to in the court of this State. On the very
same point the S lpreme Court of New
York decided that the mandate was not
for the benefit OF the defendant and there
lore had nothing to do with the execution
of the judgment. Perhaps it would have
been the better policy on The part of Judge
Bshrs 10 have awaited the arrival of the
mandate, bu. the law does not require it
10 be onsidered."
There is some gossip to the effect that
Chief Justice Beatty OF the State Supreme
Court is conscieniou@ly opposed to capi-
tai punishment and that he refused once
TO concur in the judgment of the court in
denying Durrant new trial on appeal
from Judge Murphy.
Meanwhile DGrrant has been removed
from the condemned cell at San @ lentin
and occupies his old quarters in murder
eIs' row, free from the annoyance OF the
deathwatch.