The record-union., 1897-12-16
THEO. DURRANT
RESENTENCED.
Judge Bahrs Once More Sets the
Day Of Execution.
Friday, January 9TH, Fixed as the Time for
Paying the Death Penalty.

Further Delay in the Passing Of
Sentence Overru1ed by the
Court-The Condemned Man
Makes a Statement Denying
Guilt of the Murder of Blanche
Lamont and Minnie Williams.
SAN FRANCISCO, Dec. 15-Another
death day has been set for Durrant.
This time it is January 7th, the very
first Friday in the new year 1t could
not Well be sooner, for the law demands
| ten days between the pronouncing
of the judgment and the carrying of it
| into effect, and it would be hard
hearted Judge who would order a man
hanged in the midst of the Christmas
holidays. And so Durrant will now
see Christmas and New Years.
There was that in the air of to-day's
court scene that seemed to betoken
swift and sure judgment. Durrant's
attorneys looked worried and harassed,
with all of their old-time easy noncha-
| lance departed. The prisoner himself
paled and Redeemed by turns, and
though he stood unwinlling to hear his
fate, his constant swallowing, the
twitching muscles in his cheek, and an
occasional tremor of the chin, told of
the battle waged within and the sue
/ cessive victories. But he had troub-
! led forehead, and men said He knows
he'll never be brought over here again.
| 1t did seem like a final sentence, but
as the previous prophecies have gone
/ so far astray, the amateur soothsayers
We're silent.
The condemned man, with his father
and the prison officials, returned to San
Quentin on the 12:35 boat The trip
was without incident worthy of note.
Durrant was delivered into the GUS
tody of the Sheriff by Warden Hale at
7:3O o'clock this morning, and was at
tired in a neat suit Of dark clothes,
which had been taken to him by his
mother yesterday. The condemned man
was escorted across the bay by Chief
Jailer Sattler and a deputy, arriving IN
this city at o'clock He was at once
taken to the City Hall in hack, and,
as on previous occasions, remained in
the reporters room adjoining Judge
| Cooks courtroom until the time ar
rived for his appearance.
Fully an hour before the hour set
for the proceedings the courtroom was
packed WITH. morbidly curious crowd
of men and Woneh in about equal num-
bers, and hundreds more who were un-
able to effect an entrance swarmed in
the corridors and about the stairways
up which it was expected that the fa
nous 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
fcers, and apparently unconscious of
the mob which craned its necks to catch
a fieeting glimpse of him, walked calm
ly to the seat reserved for him, nodding
to acquaintance on either side. After
shaking hands with his chief counsel
Eugene Deuprey, Durrant leaned back
in HI chair and held a whispered con-
verss4tion with his father, who occupied
! a seat Immediately behind him. until
the bailif announced the arrival of
Judge Bahrs, and formally declared
court in session.
Upon taking his seat on the bench
with Judge Cook, Judge Bahrs exam
ined several documents, and arranged
the papers in the Durrant case.
While so engaged Attorney Deuprey
| arose, and addressing the court an
nounced that he desired to make a
preliminary motion, and submit an af-
fidavit of the defendant in support
! thereof. He then read several extracts
from the various articles of the Consti-
tutions OF the United States and 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 as
signed to him. 1t was further contend
ed that Judge Bahrs was prejudiced
and biased against Durrant
a third objection was based upon the
proceedings taken last June in the Cir
hcuit Court. when a writ of habeas cor
pus was asked and refused the defense
making the startling assumption tha,
! the Supreme Court of the United States
dismissed the appeal from that order
! because writ of habeas corpus and
| not a writ of error was demanded.
1t was insisted that the Federal
Courts have no right to DENY
the second writ of habeas corpus an
piled FOR, or to refuse permission to
again appeal to the Supreme Court n,
the United States, on the ground that
Iurrant has statutory and constitu-
tional right to appeal that no inferior
Judge can deny.
Among other things. Attorney Den
prey demanded in the interest of i,stice
that the case be assigned to some other
department.
When the motion was submitted
Judge Bahrs promptly denied ii
AT the command of the court Durran+
then arose. and Judge Rabrs therenno,,
reviewed the proceedings of the case.
and asked the usual question as to
whether the defendant had anv fpst
cause 10 offer for further DELAY of SEN
tence
At this Juncture the attorney again
arose ard insisted that the eourr had
not inquired into the facts, as he had
stated, and, in short, had done nothing
to support him in his jurisdiction
While his counsel was speaking Dur
rant resumed his seat
Attorney Boardman then arose and
presented the specific objections which
his confrere had already presented in
a. general way. The reading of these
consumed some time. When they were
finally submitted, Judge Bahrs prompt
ly overIuled each and all of them.