Red Lodge picket. [volume] (Red Lodge, Mont.) 1889-1907, 1897-06-05
DURRANT MUST HANG
GOV. BUDD REFUSES TO GRANT
EXECUTIVE CLEMENCY.
Death Watch Ordered Placed on the
Man Who Has So Long
EvaIed Punishment.

Sacramento, May 31.-Theodore Durrant
will be hanged on June II, one week from
next Friday.
Governor Budd last evening telephoned
that much in effect to Warden Hale OF
San Quentin, at the same time ordering
the death watch placed on the prisoner
Immediately after telephoninS this mes
sage to Warden Hale, the governor was
driven in a closed carriage to the depot,
where he took the train for San Francls-
CO. Notwithstanding the fact that the
governor has made his decision and that
the telephone message has leaked, the
same secrecy is being maintained regard
ing the statement which the governor mao
prepared and this statement Will not De
given out until tomorrow.
Legal Fight of Two Years.
The trial which began on July Y ana
lasted until November l, was one OF the
most celebrated in criminal Jurisprudence
Nearly 1900 talesmen were examined pc
fore a jury was secured, and six weeks
passed before the taking of testimony
was begun. The evidence throughout
was circumstantial, but when taken to-
gether formed a chain SO strong as to
admit of no reasonable doubt. The prose-
cution produced witnesses, who traced
Durrant's movements on April 3 from the
time he left Cooper Medical college until
he entered the church with Miss Lamont.
To all of this testimony the prisoner en-
tered a denial, and in rebuttal produced
the roll call of the college, which showed
that he was attending lecture at the
hour when Miss Lamont was murdered.
The prosecution disputed the reliability
of the roll CALL and showed that students
were accust omed to have classmates an
swer for them when they were not pres
ent. AS the case became more hopeless
h iry1Ca
although he maintained a remarkable
composure throughout, his testimony on
a number of important points was palpa-
bly, false The case was submitted to
the jury in the afternoon of November
l. 1885, after having been on trial over
three months. Twenty minutes after they
left the court room the jurors returned
and rendered verdict OF guilty IN the
first degree. The California law gives the
jury power to fix the punishment of the
criminal, but as no recommendation of
mercy was made, Judge Murphy a few
days later sentenced Durrant to be hang
ed on February q, 1896
The Struggle for Delay.
Then begun fight for delay, vigorous
ly maintained for almost 20 months, not
even ceasing with the execution of the
death sentence. Durrant appealed from
the Judgment to the supreme court, but
his appeal was not perfected for many
months. A preliminary proceeding was
the bill of eXceptions-a very lengthy doc
ument.
The defendants attorneys first prepared
their bill of exceptions; the district at
torney added amendments thereto then
followed frequent meetings of opposing
counsel to determine their differences; the
document was read by the court and
given to the printers. but it was August
|, 1896. before the bill of exceptions and
the transcript of testimony reached the
supreme court. The case was then placed
on the supreme court calendar, and at
Los Angeles, in the following October,
the defendants attorneys not appearing,
the case was ordered submitted on the
papers filed.
Durrants attorneys subsequently NOV
ed to set aside the submission. and they
were allowed to file briefs, but were per-
mitted to make no oral argument. Attor-
ney General Fitzgerald filed a brief in
reply, Durrant's attorneys answering the
attorney general in another brief, and the
case was not really under submission un-
til January 1897
The supreme court affirmed the decision
of the superior court on March 8, 1897
and within 10 days.. e.. on March 13-
Durrant's attorneys filed petition for a
rehearing The application for rehear-
ing was denied by the supreme court on
April 2 and the following day a remittitur
was handed down to department of the
superior court ordering that court to pass
final judgment.
Superior Judge Bahrs of department 3
fixed Saturday, April 10, as the day for
passing sentence, and on that date Dur
rant was resentenced and ordered to be
hanged at San Quentin state prison on
Friday, June II. On the afternoon of
April 10 Durrant was taken from the
county jail where he had been confined
ever since he was held to answer to the
police court, and taken to San Quen-