The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-11-09

San Francisco, Nov. S.-The news
that the United States supreme court
has decided not to interfere with the
execution of Durrant spread quickly
over the city today and crowds of in
terested people read the announce
ment eagerly from the newspaper bull
letin boards. The decision of the su-
prerne court was not unexpected here,
and apparently only Durrant and his
attorneys seemed to have any hope
that the murderer would be saved from
the gallOWs. Warden Hale of San
Quentin, who is in Washington, wired
the news to Acting Warden Edgar. At
IL am. today, Edgar had not notified
Durrant Of his fate and had not said
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 Minnie Will
iams, was much pleased with the de-
clsion. He is convinced that Durrant
committed the murders, and has
chafed at the delay 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 at
toFney, when he received official no.
tice of the decision, to go into court
and ask for an order to proceed with
the execution, and that a date be fixed
for it
OTHER EXECUTIONS.
The decision of the supreme court
paves the way for the execution of
five other murderers who have been
sentenced to death. but whose execu-
tlon has been deferred pending the de-
c1slOn OF the Durrant case Among
these are train-wrecker Worden, Har-
vey Allender of San Jose and
Ebankans of San Diego, who butchered
an aged couple.
Durrant's family were notified this
morning of the courts decision and
were deeply affected. Mrs. Durrant
Wept. but said her son was innocent.
and that she did not yet give I'D hope
that her son would be indicated and
his innocence proved. District AtrtOr-
ney Barnes stated that the only thing
the attorneys for Durrant could do
now was to appeal from the order of
the supreme court, but that they
thought they would not try this. as
they were sure TO fail
Attorney Eugene Deuprey, of coun-
sci for the condemned man, expressed
considerable surprise when informed
that the case had already been de-
clded, as he was under the impression
that 1t was to have been heard on No
vem'ber 10. While he said that ne was
unable to gather from the Associated
Press bulletin which was shown to
him the full import of the decision. ne
stated that in any event he did not
consider it final. He refused. however
TO discuss the question as to what ac-
ton he proposed to take in the prem
Uses, and animated that he was afraid
that snap judgment would be taken nv
the state officials if he announced his
intentions for the future.
AS sooc as the opinion of the chief
Justice was known, Attorney General
Fitzgerald telegraDhed the fact to the
district attorney having charge of the
case, and it will devOlve upon the latter
ofncer to determine just when Durrsnt
snail be brought before the superior
court for re-sentence. 1t will not he
necessary, Mr.. Fitzgerald says. to await
the receipt of the formal mandate from
the supreme court. which usually is
handed down in about 80 DAYS from tbe
time of the decision This fact. he saws
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 60 days does not apply in the
case OF re-Sentence of murderer. and
that Durrant may be executed without
delay. Durrant, he saws will he
the execution will be fixed by the sI1-
periOr 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 secure further delay in the execu-
ton OF the death sentence. Mr.. Fitz-
gerald said:
The question of any further DELAY
by federal intervention will rest solely
with the United States judges in Cali
fornia. They are, in my opinion, fully
authorized by the decisions of the
United States supreme court to refuse
absolutely to entertain or to make any
order upon a second application for a
writ of habeas corpus in this case. for
it has been repeatedly held by that
court that the United States circuit and
district courts may. in their discretion.
in cases of this character, refuse a state
prisoner the remedy by habeas corpus.
and put him to his writ of error
THE COTTRT,S DECTcT0M