The San Francisco call., 1897-04-04
The Supreme Court Denies
the Murderer a Re-
hearing.
Blanche Lamont's Slayer Will
Be Sentenced to Death
Next Week.
An Effort May Be Made to Put Off
the Fatal Day BIZ an APPEAL
TO the F, deral Court.

Theodore Durrant's last hope of relief
from the State courts was knocked out
yesterday by the Supreme Court, which
declined to interfere with the judgment of
the trial court.
The sentence that consigned Durrant to
the gallows was briei. 1t runs: "Rehear-
ing MED. April 2, 1897, Beatty C. ]. dis
senting." Immediately upon the forego.
ing being recorded the remittitur OF final
Judgment was forwarded to the Superior
Court. 1t is as follows:
In the Supreme Court of the State of Califor.
nia-No. Grim. 196-In Bank.
The People, Etc, the Superior
Plaintiff and Respondent, Court in and
vs. : for The City
w. II. I. Durrant, and County
Defendant and Appellant. of Sau Fran
cisco.
And now, at this day, this cause being
called. and having been heretofore submitted
and taken under advisement, and all and
singular the law and premises having been
fully considered, the opinion of the court
herein is delivered by Henshaw, J.
We concur: Mcfarland, j.; Garoutte, J. !;
Temple, j.; Van Fleet. J. Concurring opin-
ion, Mcfarland, ].
Whereupon 1t is adiudged and decreed by
Superior Court in and Tor the City aud County
of San Francisco In the above entitled Cause
be and the same are hereby affirmed.
l. T. H. Ward, Clerk of the Supreme Court of
the Stale of California do hereby certify that
the foregoing is true copy OF an origin al
judgment entered in the above entitled cause
ON the Sd day of April 1897, and now remain
ing of record in my office.
Witness my hand aud the seal of the court
affixed at my offic. this Sd dav OF April A d.
1897. I. II. WARD Clerk
[sealt BY A. W. JOHNSON, Deputy.
Durrants attorneys made a hard fight
to have the Supreme Court grant a new
trial. They emphasized the point that
the prisoner did not have a fair trial be-
cause the public and the press were de-
manding his life. A month ago, however.
the higher court filed an opinion confirm
ing the judgment of the lower court, hold
ing that the evidence was conclusive and
the verdict must stand. Chief Justice
Beatty rendered dissenting opinion,
holding that there were some doubts as to
the prisoners guilt, the evidence being
circumstantial. Thirty days were allowed
to intervene before the final Judgment of
the higher court was handed down. In
the meantime the prayer for rehearine
was presented and, as stated Yesterday.
denied.
The remittitur will be spread upon the
minutes OF Superior Judge Bahrs' court
to- m orrow and DurranJ will be re-
next week.
1t is understood that Durrant's attor-
neys will make one more effort to save
their client from the gallows by appealing
to the United States Courts. In order to
do SO it will be necessary to prove tnat the
defendant was deprived of some of his
rights guaranteed by the United States
con stitution. Whether the case will ever
reach the United States Supreme Court is
q matter OF conjecture.
Two years ago yesterday-April g.
1o95-the body of Blanche Lamont, who
had been murdered by w. II. T. Durrant,
was found IN the dark and forbidding
belfry OF Emmanuel Baptist Church. A
remarkable coincidence in connection
vi, b the trial Of the nineteenth century's
most remarkable criminal, Durrant, is
he fact that the legal mach inery of the
State of California came to last stop in
his case and adiudged him foul muir
derer just TWO years to the day from the
date of the finding of the body OF the un-
fortunate girl.