The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-11-09
DURRANI WILL Be HANGED.
UNITED STATES SUPREME COURT
DfsMfSSEs HIS APPEAL.
All of the Laws Delays Vow AZ
hausted, nEd the Murder of
Blanche Lamont Must BE Ex-

WASHINGTON, Nov s-The United
States supreme court today affirmed the
decision Of the circuit corr. Of California.
refusing a writ Of nabeas corpus 10 Will
lam Henry Theodore Durrant. under SEN
teBce OF death for the murder Of Miss
Blanche Lamont a. San Francisco in
April. 1856 The case has attracted attsu-
ton throughout the whole United States.
and toaay's decision permits the law 10
take It's course with the condemned man.
Chief Justice Fuller announced the courts
decision, bat made no remarks save TO
cite a few authorities on which the court
based sts declsson.
The decision Of the Durvaat case was IN
response 10 a motion Of attorney General
Fitzgerald TO dismiss the case or affirm
the decision Of the court below. The chief
justice, In rendering tina opinion OF the
court. INDUCED in no comment whatever
before rsu1aTking that the order OF the cir
cult court was affirmed or authority OF
decisions Of the court IN previous cases.
AS soon az the opinion Of the chief justice
was known, Attorney Fitzgerald
feiegraphed the fact to the district attor-
ney having charge OF the case and It viii
devolse upon the latter officer 10 deter
mine just when Durraut shall be brought
before the superior court for re-seutence.
Il viii moi be necessary, Mr.. Fitzgerald
says, TO await the receipt Of the formal
mandate from the supreme court, which
usually is handed down In about thirty
days from the time OF the decision. This
fact, he says. was fully established in the
Mcguire murder case. brought to the SUI
preme court from New York.
The attorney general further says that
the statutory rule Of sixty days does no,
apply in the case Of re-sentence of muir
derer. and that Durraut may be executed
without delay. Durrant. he says. will be
promptly re-sentenced and the time for the
execution Will be fixed 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 other
legal steps by Durrant's counsel 70 secure
further delay in the execution of the death
sentence. Mr.. Fitzgerald said:
The question OF any further delay by
Federal Intervention will rest solely with
the United States judges in California:
They are, tn my opinion. fully authorized
by the decision of the United States SUI
preIne court. to refuse absolutely TO en-
terrain or 10 make any order upon second
application for 4 writ Of hab@as CORPUS in
this case for 1t has been repeatedly held
by that court that the United States cir
cult and district courts may. in their dis
erection in eases OF this character, refuse
n state prisoner the remedy by haheas
corpus and put him 10 his writ of error"
SAN FRANCISCO. Nov s.-The news
that the United States supreme court had
decided not 10 interfere with the execution
OF Durrant spread quickly over the city to-
day and crowds of interested people read
the announc ment eagerly from the news
paper bulletin boards. The decision was
not unexpected here.
District Attorney Barnes. who conducted
the sensational trial the result Of which
was the conviction of Durrant for the muir
der of Blanche Lamont. was much pleased
with the decision OF the supreme court 1t
paves the way for the execution OF I'VE
other murderers who have been sentenced
to death but whose execution has been de-
ferred pending the decision in the Durrant
case.
SAN QUENTIN Nov. s,--Capt. Edgar
who Is acting warden at San Quentin in
Warden Hale's absence. today notified
Theodors Durrauf OF the supreme court &C.
c;sion at Washington. Durrant did not
display any emotion. and remarked that
he did not expect anything else.