Arizona republican., 1897-12-16
DURRANT MIGHT DIE
Sentenced Again to be Hanged
 On January ' Nelt
YlNDICTIVENESS OF BAHRS
May Open Another Way to the
 Supreme Court
The Murderer for the First Time Discusses the Testimony Upon Which He Was Convicted and Rea> serts His Innocence.

San Francisco, Dec. 15-Theodore Durrant was this morning sentenced to be hanged on January next for the murder of Blanche LamonIt Dur rants attorneys made a desperats ef- fort to secure further delay and to pave the way fer an appeal to the SUI preme court, but Judge Bahrs was in eNorable and overrulad each objection made to the proceedings. The at torneys made Lhe point that Judge Bah1s had no personal jurisdict1.on over the case, as it was never legally assigned to him. It was further con- tended that Judge Bahrs was preju- diced against Durrant. A third objsc ton was based upon the proeeed dings taken last June in the circuit court while writ of habeas corpus was asked for and refused. The defense made the startling assumption that the supreme court of the United Sta.es dismissed the appeal from that order because a writ of habeas corpus and not a writ of error was demanded. It was insisted that the federal cour4s have no right to deny the second writ of habeas corpus applied for or to re fuse permission to appeal to the SUI preme court of the United States, on the ground that Durrant had A stalu- tory and constitutional right to app al that no inferior judge can deny. among other things Attorney Deuprey demanded in the interest of justice that the case be assigned 10 some other department. When the motion was submitted, Judge Bahrs promptly denied it.
 Shortly after having heard his deadh sentence, pronounced by Judge Bahrs today, Theodore DurranG consented for the first time since his hrrest upon the charge of having murdered Blanche Lamont and Minnie Williams, 10 discuss the testimony upon which he was convicted. While mot at all vehement or demonstFative he, asserted his innocence and declared his full faikh and confidence in the fact that his guiltlessness will some day be es- talblished in a manner which could not but inspire those who heard him. Durfng the whole conversation, which lasted almost an hour, he remained perfectly calm and self possessed and manifested not ahe slightest resent ment against those who had assisted in Sendine m inn tn ,hic ratn
 Speaking of the seven witnesses by whom he was positively identified in connection with the case, Durrant ir- sisted that none of them told the truth although he was willing to concede that some lat least of them were ho l. estly mistaken He denied emphati- cally that he either awaited Blanche Lament on Powell street Or that he saw her at all on the afternoon of April 3. He pointed out many incon- sistencies and contradictions in the evidence for the prosecution and ex- pressed an opinion that as a matter of justice these entitled him to a new trial.
 
 theory of his innocence must follow that of some one else's guilt, Du rant declined to discuss that phase of the question beyond saying that it was the duty of the police to prove who was the guilty person. He also dec,ined to discuss the matter of the refusal of Rev. George Gibson to listen to his appeal. Durrant's manner indicates that he has little or no hope of pro- longing his life, but his attorneys pro fess the utmost confidence in their ability to stay the execution by an other appeal to the supreme court, to which they will prepare bill of ex- captions founded upon the action of Judge Baihrs in overruling the objec- tions made in court today. Upon this showing they intend to apply for a writ of probable cause in the near fu- lure.