The herald., 1897-05-13
ASKS PARDON
Durrant Makes Appeal to
Gov. Budd
He WAS DENIED A FAIR TRIAL
THE JURY PREJUDICED BY THE
NEWSPAPERS
The Muroerer Protests His Innocence
and Asks for Time to Find the
Real Criminal
Associated Press Special Wire.

Associated Press Special Wire.
SACRAMENTO, May Ex-Governor
Budd today received the formal petition
for pardon of Theodore Durrant, await
ing execution at San Quentin prison for
the murder of Minnie Williams and
Blanche Lamont. The petition bears the
signatures of Eugene Deuprey and John
H. Dickson, attorneys for Durrant, ana
W. H. Il. Durrant per Deuprey and Dick
inson, his attorneys
The petitioner, Durrant, Gets forth to
the governor that he was denied fair
trial and that he is justified in contend
ing that by reason of the false publica-
tion of articles in the daily newspapers
of San Francisco, and the constant read
ing thereof the minds of the people at
large of that city, as well as of the e'tate,
were to a great extent influenced with
deep and bitter prejudice against him,
without a hearing.
Petitioner Durrant further represents
to Governor Budd that he is advised and
believes that such bitter sentiment and
prejudice against the petitioner so ere
ated by the aid publications reached the
minds and disposition of those who were
impaneled as a jury to try the charge
against him.
Durrant further represents TO the gov
ernor that the conditions in and about
the court room itself were such as to
create fear in the minds of the jurors aa
to the safety of their individual selves
and in regard to damage and disadvan-
tage to their business interests.
Durrant protests to Governor Budd
that the jury did not deliberate upon the
evidence that was submitted to them;
that the language and conduct OF the trial
judge was against him throughout the
trial; that there WAS no evidence offered
or proof made of any motive for the COM
mission of the act by the petitioner.
lie protests his entire innocence refers
to testimony tending to establish it, and
asks for pardon, or, at least, commu-
tation of sentence, in such wise as will
permit further investica ton to be made
to ascertain who may be and who IS
tbs true criminal.
The petition follows all the steps taken
in the noted case. and closes aa follows:
That your petitioner is further advised
and believes that the conditions in and
about the court room itself We're such as
to create fear in the minds of the alleged
jurors called upon to try the case as to
the safety of their individual selves and
In regard to the damage and disad-
vantage to their business interests.
That your petitioner further advises
and believes that the impressions so
made enforced the jury to the conclusion
that inaemuch as the expire ssions. of a
large number of people were adverse to
his innocence, that 1t would be for their
best interests to follow the views of the
populace, and that thereby was wrested
from said alleged Jurors the disposition of
impartiality that they might have pos
sew'sed either individually or collectively.
That the publications We're not directed
against your petitioner alone, before
trial but throughout all Of the trial and
such publications were freely at the de-
mand Of any all of the jurors alleged to
have been selected to try his case and
lie is convinced that if all Of the ma
terial of such publications were not
carefully read and dieested, that at
least emphatic portions were prejudic-
ial and had adverse influence upon the
minds of the jurors against him
That the jury did not deliberate upon
the evidence submitted to them.
Your petitioner further saith that the
language and conduct of the trial judge
was both preiudicial to him throughout
the alleged trial of the heinous charge
made against him.
Your petitioner here positively asserts
his innocence Of the crime charged
against him and asserts further that the
evidence that wss admitted against
him was purely circumstantial and not
of that character of circums.antial evil
delsoe which is demanded by law.
Your petitioner further sete forth that
there was evidence of identity intro
duced which came, however, from per-
so"s and under circumstances which at
once was determined as fragile and
without Worthiness of belief.
That there was no evidence or proof
made of any motive for the commission
Of the crime by your petitioner.
That there was no evidence introduced
as to the time or how or why the crime
was committed, and that in fact the evil
dence entirely failed to establish any
crime to have been committed by him.
On the other hand your petitioner as
serts that the evidence in his belief was
plain and direct that he was not al the
time or place whree the witnesses as to
identity claim that he was.
That it was further shown by the
evidence of your petitioner that at the
periods testified to by the witnesses as
20 Identification, that he was a member
of his class listening to the lecture of
Professor Cheney at the Cooper medical
college.
That the evidence of your petitioner
was supported by several of the students
IN relation to different circumstances
taking place during the afternoon Of the
day on which it was alleged Blanche
Lamont was seen in company with your
petitioner
The petition will be heard by Cover
nor Budd Friday morning at 10 o'clock
Her Long Lost Son
DODGE CITY, May 12.-William Van
Ness. aged 20 years. and his mother.
Mrs E. c. Van Ness have been ,pitad