The herald., 1897-11-09
DURRANT +
is DOOMED
Unless Council Finds New
Loopholes
THE WRIT OF HABEAS CORPUS
Is FORMALLY DENIED BY THE
SUPREME COURT
THE WRIT OF HABEAS CORPUS
The Murderer Receives the News
With No Display Of Emotion.
His Attorneys Plans

WASHINGTON, D. c., Nov. S.-The
United States Supreme Court today af-
firmed the decision of the Circuit Court
of California. refusing writ of habeas
corpus to William Henry Theodore Dur
rant, under sentence of death for the
murder of Miss Blanche Lamont at San
Francisco in April, 1895. The case has
attracted attention throughout the
whole United States, and today's decis-
ion permits the law to take its course
with the condemned man. Chief Justice
Fuller announced the courts decision,
but made no remarks save to cite the
few authorities on which the court
based its decision.
The Chief Justice, in rendering the
opinion, indulged in no comment what
ever beyond remarking that the order
of the Circuit Court was affirmed on the
authority of the decisions of the court
in the case of Hurtado versus California
vol. 10 of the Supreme Court Reports;
Nordstrom versus Washington. vol. 16i
VI thCoC ACPOA ID oiA VI SASeAAASA sSASN
Washington, recently decided.
The court granted the motion of the
State Attorney General to advance the
cases of Hill and Cross, under death
sentence in California, fixing the date
for their hearing on the first Monday
of December.
There was absolutely no excitement
attendant upon the announcement of the
chief justice in the Durrant case. Only
q few of Mondays crowd of sight,
at the court knew the significance of the
decision The chief justice made the an
nouncement along with list of others,
and his rapid, indistinct utterance con-
veyed no intimation that it was probably
the last legal step in one of the most ce.-
ebrated criminal cases in the country.
| AS soon as the opinion OF the chief
justice was known Attorney General
Fitzgerald telegraphed the facts to the
district attorney having charge of the
case and 1t will devolve upon the latter
may in their discretion, in cases of
shall be brought before the superior
court at San Francisco for resentence.
1t will not 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 supreme court from New York. The
attorney general further says that the
statutory rule of sixty days does not
apply in the case Of resentence Of q mur-
derer and that Durrant may be executed
without delay. Durrant, he says, will
be promptly resentenced 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 to Sc
cure further delay in the execution 4
the death sentence, Mr.. Fitzgerald said: :
"The question of any further delay
by federal Intervention will rest solely
with the United tSates judges in Cali
fornia. They are, in my opinion, fully
authorized by the decisions Of the SUI
preme court to refuse absolutely to en-
tertain or to make any order upon Sec
ond application for a writ of habeas
corpus in this case, for it has been re-
peatedly held by that court that the
United States circuit and district courts
may be in their discretion. in cases Of
this character, refuse state prisoner
the remedy by habeas corpus and put
him to- his writ of error
NEWS NOT UNEXPECTED
SAN FRANCISCO, Nov. S-The news
that the United States Supreme Court
had decided not to interfere with the
execution of Durrant spread quickly
over the city today, and crowds of in
terested people read the announcement
eagerly from the newspaper bulletin
boards. The decision of the Supreme
Court was not unexpected here, and
apparently only Durrant and his attor-
neys seemed to have any hope that the
murderer would be saved from the gal
lows.
Warden Hale of San Quentin, who is in
Washington, wired the news to Acting
Warden Edgar. At II am. today Edgar
had not notified Durrant of his fate and
had not decided when he would do so. !.
District Attorney Barnes who con-
Quoted the sensational trial, the result
of which was the conviction Of Dur
rant for the murder Of Blanche Lamont,
was much pleased with the decision. He
is convinced that Durrant committed
the murders and has chafed at the de-
lay in carrying out the sentence. Mr.
Barnes said that. Durrant would not
have to be re-sentenced. He said that
all that was necessary would be for
the District Attorney. when he received
official notice of the decision, to 60 into
court and ask for an order to proceed
with the execution and that n dav he
fixed for it.
Eugene Deuprey of counsel for the
condemned man expressed considerable
surprise when informed that the case
had already been decided, as he was un.
der the Impression that 1t was to have
been heard on November 18th. While
he said that he was unable to gather
from the Associated Press bulletin
which was shown ia, him. the full import
OF the decision. hes stated that in any
eve3t-he df'f not-cen~ider It final. He re-
fused, however, to discuss the question
as 70 what action he. f1rra>f,kn9 ~ ~ Il,