The record-union., 1897-11-23
Thus Perfecting the Appeal Of Counsel to
the Supreme Court.
The Much-Expected Remittitur
From the United States Su-
preme Court Arrives by Mail,
Addressed to the United States
Marshal-The Probable Course
to be Taken by the Attorney
General

SAN FRANCISCO Nov. t22.-When
the attorneys interested in the Durrant
case assembled in Judge Bahrs' cham
pers this morning the engagement made
n court last Saturday, when the Judge
refused to settle the bill of exceptions
on appeal in the Durrant case. they
found that his honor had changed his
mind. He announced his intention of
signing the bill. and did so, thus per-
fectlng the appeal to the Supreme Court
against his refusal to fix a date for the
trial of the Minnie Williams murder
case.
The much-expected remittitur from
the United States Supreme Court ar
rived to-day by mail, addressed to- the
United States Marshal. 1t reads asafol-
lows:
United States of America s. s-l'he
President of the United States of Amer
lea to the Honorable Judges of the Cir
cult Court of the United States for the
Northern District of California, greet
ing:
Whereas, lately in the Circuit Court
of the United States for the Northern
District of California, before you or
some of you, in a case entitled In the
application of w. II. T. Durrant for a
write of habeas corpus, wherein the
order of the said court entered in said
cause on the I'd day of June. A. D. 1897.
was in the following words, viz: Now
comes Eugene n. Deuprey. Charles 4.
Garter and Louis =. Boardman, Esqs..
counsel for the petitioner, and present
to the court the petition of w. II. T.
Durrant for a writ of habeas corpus,
and the same having been read to the
court by Mr.. Deuprey, and argument
thereon by each of the counsel for pc
titioner having been heard by the court
and fully considered, it was ordered that
the writ of habeas corpus in said petit
tion prayer be and the same hereby is
denied, and that the petition of said w.
II. 7. Durrant herein be and the same
hereby is dismissed
LAS by the inspection of the transcript
of the record of the said Circuit Court,
which was brought into the Supreme
Court of the United States by virtue of
an appeal wherein W. E. Hale, War
den of the State Prison at San Quentin,
Marin County. California, was made ap-
pellee, agreeably to the Act of Con-
gress in such cases made and provided,
fully and at large, appears; and
Whereas, in the present term of Oc-
tober, in the year of our Lord one thou
sand eight hundred and ninety-seven
the said cause came on to be heard
before the said Supreme Court ON the
said transcript record, and on motions
to dismiss or affirm, which We're argued
by counsel. On consideration whereof,
it is now here ordered, adjudged and de-
creed by this court that the order of the
said Circuit Court in this cause be and
the same is hereby affirmed, with costs:
and that the said appellee, w. r. Hale,
Warden, etc, recover against the said
appellant for his costs herein expended,
and have execution therefor Novem-
Der Sth, 1897.
you, therefore are hereby command
ed that such execution and proceedings
be had in such cause as, according to
right and justice. and the laws of the
United States, ought to be had, the said
appeal Notwithstanding.
Witness the honarble Melville W.
Fuller. Chief Justice of the United
States, the 10Th day of November, in
the year of our Lord one thousand eight
hundred and ninety-seven.
James H. McKenney. Clerk of the
Supreme Court of the United States
hasten the condemned mans execution
is not known. The Superior Court has
lost jurisdiction of the case by reason
of Durrant's appeal from the order of
Judge Bahrs' fixing the date of execu-
ton, so District Attorney Barnes will
make no move until the appeal is dis
posed of.
Acting Attorney General Carter will
endeavor to hasten the proceedings in
the Supreme Court and to that end Will
probably move to dismiss Durrant's ap-
peal If the motion is granted, it Will
then be the duty of the Superior Court
to again fix the date of execution. II
the Supreme Court denies the motion to
dismiss the appeal. it will in all proba-
bility render a speedy decision on both
of Durrant's appeals-the first from the
form of the Judgment pronounced by
Judge Bahrs, and the second from Judge
Bahrs'order fixing the date of execution.
The purpose and the effect of the
second appeal was merely to stay execu-
ton till the mandate was received. 1t
has already served it's purpose. A dis
missal could work no injury to the de-
fendant, and a decision could not BEN
eft him.