The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-11-09
HIS TINE Is SHORT
SUPREME COURT WILL DO NOTHING
FOR DURRANT.

Decision of the California Circuit Court
Refusing a Writ of Habeas Corpus is
Sustained-ChIef Justice Fuller An
nounces the Courts Decision, Which Is
Made Without Note or Comment to
Distinguish 1t From Other Cases-News
Received With Satisfaction in San Fran
cisco-Crime News.
Washington, Nov. S.-The United
States supreme court today affirmed the
decision of the circuit court Of Califor-
mia, refusing a writ of habeas corpus for
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 at
tention throughout the whole Of the
United States, and today's decision per-
mits the law to take its course with the
condemned man. Chief Justice Fuller
announced the courts decision but made
no remarks in doing 50, save to recite
few authorities on which the court based
its decision.
The decision Of the court in the Dur
rant case was in response 70 the motion
of Attorney General Fitzgerald, entered
last Monday, to dismiss the case or
affirm the decision Of the court below,
and, OF course, relieve the court from the
necessity of deciding the case on its mer-
its on rhe 18th inst, as at firt arranged.
The chief justice, in rendering the opin
ion Of the court, INDUCED IN no comment
wtla tever, beyond remarking that the Or
der of the circuit court was affirmed on
the authority of the decisions of the
court in the case of Hurt&do VS.. Calffor- |
MIA, vol. ITO Of the supreme court reports !
Nordstrom vs. Washington, vol. 164 Of |
these reports, and Of Craenar VS.. Wash |
ington, recently decided.
Attorney General Fitzgerald was pres |
ent IN the court room when the opinion |
was rendered and said it would insure |
Durrant's execution and was in all re-
specas satisfactory 10 the state.
There was absolutely no excitement or I
interest whatever attendant upon the an
nouncement Of the chief justice in the /
Durrant case. Only a few OF Mondays
crowd Of sightseers at the court knew
the significance OF the decision. The
chief justice made the announcement
along with list of others and his rapid,
indistinct utterances conveyed no init
nation that it was probably the last le-
gal step in one Of the most celebrated of
the crimes of the century.
The court granted the motion Of the
state attorney general to advance the
cases of Hill and Cross, the two men I'M
der sentence of death in California and
fixing the date for their hearing on the
first Monday in December.
As soon as the opinion Of the chief JUS
lice was known, Attorney General Fitz-
gerald telegraphed the fact to the district
attorney having charge Of the case, and
II will devolve upon the latter officer to
determine just when Durrant shall be
brought before the superior court at San
Francisco for re-sentepce. It will not be
necessary, Mr.. Fitzgerald says, to await
the reception Of the formal mandate OF
the supreme court, which usually is hand
ed down in about thirty days from the
time Of the decision This fact, he says,
was fully established in the Mcguire muir
der case, brought to the supreme court
from New York. The attorney general
further says that the statutory rule of
sixty days does not apply in the re-sen-
tence Of a murderer and that Durrant
may be executed without delay. Dur
rant he says. will be promptly sentenced
and the time for the execution will be fix
ed by the superior court. Mr.. Fitzgerald
would not express an opinion as to how
soon he thought the penalty would be -,
imposed.
Concerning the possibility Of any fur
Their legal steps by Durrant's counsel to
secure further delay in the execution of
the death sentence, Mr.. Fitzgerald said:
The question of further delay by fed =,
eral interrogation will rest solely with |
The United States judges in California.
They are In my opinion, fully authorized ,
by the decisions of the United States su- !.
preme court to refuse absolutely to en-
tertain or TO make any order upon a sec
md application for writ of habeas cor =,
ous in this case; for dt has been repeat ,
idly held by that court that the United
States circuit and district cour Is may. in
helr discretion, in cases of this charac-
ter, refuse a state prisoner the remedy
by habeas corpus and put him TO his writ
Of error"
THE NEWS IN SAN FRANCISCO.
San Francisco, Nov. S.-The news that
the United States supreme court had de-
cided not TO interfere with the execution
Of Durrant spread quickly over the city |
today and crowds Of interested people
read the announcement eagerly from the !
|