The record-union., 1897-11-12
Apparent Bungling by the
Prosecution.
Undue Haste Displayed in Judge
Bahrs' Court.
A Writ of Probable Cause Issued Dy
the Supreme Court, Staying
His Execution.

Napoleon's glory as ''the man of des-
tiny bids fair to be eclipsed by that
of Theodore Durrant.
The Young man will not be hanged
to-day in San Quentin, and 1T Is safe
to predict that he will not be hanged
in six months, and it is doubtful even
if the hangman takes charge of him
inside of another year.
This is what Lawyer Eugene Deu-
prey las accomplished-the man who
has stood by Durrant ever since the
day he was charged with the muir
der of Blanche Lamont, whose body
was found in the belfry of the EN-
manuel Church in San Francisco in
April, 1895.
The Supreme Court yesterday granted
a writ of probable cause, staying the
execution until further order. In its
opinion the court says the order made
by Judge Bahrs in sentencing Durrant
''iS an order made after final judg-
ment. From such an order an appeal
to this court lies. Penal Code, Section
1237)"
The question is, how long will II
take to settle such appeal?
Attorney Deuprey arrived in Sacra-
mento yesterday morning, and was al
once driven to the Capitol building, and
with his associate in the case, Genera.
A. L. Hart, set to work preparing Pc
tition to the Supreme Court for a writ
of probable cause in stay of execution
in the case of Durrant, recently SEN
fenced by Judge Bahrs to be hanged
this morning.
i :. ox-t-
from Mrs. Durraut, in which she sci
forth that the prisoners case was
pending before the United States SUI
preme Court on appeal from the Fed
eral District Court in this State, anc
that there was nothing on record tC
show that the appeal had been dis
posed of. The affidavit also embraced
complete transcript of the proceeding
before Judge Bahrs of San Francisco
on the 10th instant, which failed tc
show that the court was officially cog
infant of any action by the United
States Supreme Court.
The petitioner argued that no court
has the power to resentence an alleged
criminal unless it has official informa-
ton that the case on appeal had beer
decided and that a telegraphic com
munication, unofficial, cannot stand.
1t was argued that Judge Bahrs ha6
been too hasty in resentencing Dur
rant, and that under the statute gov
erning the case he had no legal righ1
10 DO so until after the expiration OF
sixty days from the time of the de-
cision of the United States Supreme
Court.
The papers. with the authorities
cited, We're presented to the Supreme
Court in bank, and were considered
behind closed doors, even the attorney:
in the case being excluded.
Deputy Acknowledgements jackson
and Tost represented the State, and
presented reasons to show why tht
writ of probable cause should not is
sue. Mr.. Jackson set forth in his
answer TO the petition that a genera
and specific knowledge of the action o
the United States Supreme Court !:
sufficient ground on which to order {
suspended sentence to go into effect
and in support of the argument. citet
the case in re Shibuya Jugiro, 40 Z. S
S., p. 294.
The court spent several hours in con
sidering the matter, and even then wa
route dissented, on the ground that ths
case above referred to was a preceden
for carrying out the sentence imposed
by Judge Bahrs.
THE WRIT
Following is the writ of probabl,
cause issued by the court:
The People of the State of Califor
MIA VS.. W. H T. Durrant
I'VE, the undersigned Justices Of TIL
Supreme Court of the State of Califor
MIA, do hereby certify that in our opin
ion there is probable cause for the ap
peal OF the above-named defendan
from an order made by the Superio
Court of the City and County of Sal
Francisco in the above-entitled caus
whereby the Warden of the State
prison at San Quentin is ordered t,
execute the death sentence upon sal,
defendant on Friday, the 10Th day o
November, 1897.
"And it is ordered that said Wardel
of said prison stay all proceedings un
der said order until the further orde
of the Supreme Court.
"w II. BEATTY, C. J.,
TEMPLE. J..
"HENSHAW, J.
IVAN FLEET. J.,
HARRISON, ].
From the authority Of in re Shibuyi
Jugiro, 40 Z. s.. 294, l dissent from
the order granting the certificate 0
probable cause. GAROUTTE. J."
THE COURTS OPINION.
Before adjourning for the Afternoon
the court filed the following opinion
giving the reasons on which the wri
OF probable cause was issued. tn
court says:
This is an application for a certificat
U