The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1897-12-16
JANUARY SEVENTH THE DATE
GET FOR THE ExPIATIoN OF HIS
CRIME
The Murderer Himself Loses Heart,
But His Attorneys Strongly Hope
for Further Stay
Associated Press Special Wire.


Friday In the new year. 1t could not well
be sooner, for the law demands It's ten
days between the pronouncing OF the
Judgment and the carrying OF It into
effect, and 1t would be hard-hearteo
fudge who would order man hanged
In the midst Of the Christmas holidays
And 30 Durrant will now see Christmas
and New Year.
There was that in the air OF today
court scene that seemed to betoken
swift and sure Judgment Durrants at
torneys looked worried and harrassed'
with all their old-time easy nonchaiance
departed. The prisoner himself paled
ana Redeemed by turns and though he
stood unwinkingly to his fate, his con-
slant swallowing, the twitching muscle
in his cheek and an occasional tremor OF
the chin told Of the battle waged within
and the successive victories. But he
had a troubled forehead. and men said:
HE knows he'll never be brought here
again." 1t did seem like final SEN
tence, but as the previous prophecies
have gone so far astray. the amateur
soothsayers were silent.
Tho condemned man, with his rather
and the prison officials, returned to San
Quentin on the 1895 boat. The trip was
without incident worthy Of note.
His attorneys made a desperate effort
to secure further delay and pave the way
for another appeal to the supreme
Court, but Judge Bahrs was memorable
and overruled each and all objections
made to the proceedings.
Durrant was delivered into the GUS
tody of the Sheriff by Warden Hale at
1880 o'clock this morning, and, attired
In q neat suit of dark clothes, which had
been taken over to him by his mother
yesterday, the condemned man was es-
corted across the bay by Chief Jailer
Sattler and Deputy. arriving IN this
city at 9 o'clock. He was at once taken
to the City Jail In hack, and, as on pre-
Wous occasions, remained In the report
ers' room, adjoining Judge Cook'slcourt-
room, until the time arrived for his ap-
pearance.
Fully an hour before the time set for
the proceedings the courtroom was
packed with a morbldly curious crowd OF
men and women, In about equal num-
bers. and hundreds more, who were I'M
able to effect an entrance, swarmed in
the corridors and about the stairways
up which 1t was expected that the fam
Gus criminal would appear. Squads OF
policemen attempted in vain to keep the
struggling mass Of humanity within
bounds, but their curiosity was too great
TO admit of restraint.
Shortly before 10 o'clock Durrant was
escorted into the courtroom by the Of
hcers, and apparently unconscious OF the
mob which craned its necks to catch a
fleeing glimpse Of him. walked calmly
to the seat reserved for him, nodding to
acQuaintances on either side. After
shaking hands with his chief counsel.
Eugene Deuprey, Durrant leaned back
in his chair and held q whispered con-
versation with his father. who occupied
a seat Immediately behind him, until the
bailiff announced the arrival Of Judge
Bahrs and formally declared court in
session. Judge Bahrs examined several
documents and arranged the papers in
the Durrant case. While SO engaged,
Attorney Deuprey arose and addressing
the court, announced that he desired to
LudhC u VI AAOStCh oAAN cNOAAA's
an affidavit Of the defendant in support
thereof. He then read several extracts
from the various articles Of the Consti-
tuition of the United States and Of Cali
fornia which related to the inalienable
rights Of citizens and the provision that
no man shall be deprived of his liberty
except by due process of law"
He then made the point that Judge
Bahrs had no personal jurisdiction over
the case, as 1t was never legally assigned
to him. 1t was further contended that
Judge Bahrs was prejudiced and biased
against Durrant. A third objection was
based upon the proceedings taken last
June in the Circuit Court when a writ
OF habeas corpus was asked and refused.
the defense making the startling ar
sumption that the Supreme Court Of the
United States dismissed the appeal from
that order because writ Of habeas cor
pus and not writ Of error was de-
manded. It was insisted that the Fed
sral Courts have no right to deny the
second writ of habeas corpus applied
for or to refuse permission to again ap-
\peai to the Supreme Court Of the United
3tates, on the ground Durrant has a
tatutory and constitutional right to ap-
heal that no inferior Judge can deny.
mong other things Attorney Deuprey
emanded in the interest Of justice that
be case be assigned to some other de-
Artment When the motion was SUBJ
"a Ntted, Judge Bahrs promptly denied
: A.
At the command Of the court, Dur
rant then arose, and Judge Bahrs there
upon reviewed the proceedings of the
case, and asked the usual question as to
whether the defendant had any just
cause to offer for further delay Of SEN
tence.
At this juncture the attorney again
arose and insisted that the court had
not inquired into the facts, as he had
stated, and, in short, had done nothing
10 support him in his jurisdiction While
hie counsel was speaking, Durrant re-
bumed his east. Attorney Boardman
then arose and presented the specific OBJ
Iections which his conferee had already
presented in general way. The reading
n these consumed some time. When
hey were finally submitted. Judge
.15a r. n n 1t.s vi