The record-union., 1897-11-12
Denied Permission to File a Writ
of Habeas Corpus.
Also Refused Leave to Appeal From the
Decision to U. S. Supreme Court.
The Condemned Man Notified or
the State Supreme Courts Ac-
ton in Granting a Reprieve-
Still Maintains Confidence That
He Will Escape the Ga11ows.

SAN FRANCISCO, Nov. 11.-William
Henry Theodore Durrant will not be
hanged at San Quentin tomorrow after
all, the Supreme Court of this State hav-
ing granted him another respite at the
eleventh hour.
Up to 4 o'clock this afternoon, wher
the news flashed over the wires from
Sacramento that the court had granted
a writ of probable cause, and instructed
Warden Hale not to carry out the exc
cution of Durrant until further orders
there was apparently no further hops
for the condemned murder of Blanche
Lamont and Minnie Williams, as his at
tcrneys, Messrs. Dickinson and Board
man, had made futile effort to secure
another writ of habeas corpus in the
United States Court, and had not ever
been granted permission to appeal from
that decision to the Supreme Court Of
the United States.
General Dickinson this morning ap-
peared before United States District
Judge De Haven and asked permission
to file a petition for a writ of habeas
corpus on behalf of the condemned
youth.
Judge De Haven suggested that the
matter be taken into the United States
Circuit Court.
AT II O'Clock General Dickinson re-
newed his plea in that court before both
Judges Morrow and De Haven. The Pc
tition for the writ of habeas corpus was
based almost entirely upon the proceed
ings of yesterday in Superior Judge
Pahrs' court.
Attorney Dickinson declared thai
Durrant was being held in custody by
Warden Hale at San uQentin contrary
to law He held that Durrant was ir
the penitentiary under a double judg-
ment, the order of the court calling fol
close confinement and the infiiction OF
the death penalty.
General Dickinson recited the circum.
stances of the appeal to the United
States Supreme Court, and stated that
another double judgment was rendered
yesterday. He asserted that the man
date of the court at Washington had no
been received by Judge Bahrs, and tha'
consequently the order of yesterday wa:
illegal, as there was nothing Officially
before the court to base such judgment
The lawyer declared that the first order
of the Superior Court had provided {
term of imprisonment, and there wa!
no record in Judge Bahrs' court to dem
onstrate that the law had not been car
ried out The law further provided tha
a Judgment of death should not be car
ried out within sixty days, and it wa:
held by General Dickinson that the pun
ishment was cruel and unusual, and hac
no precedent in the criminal annals o
the United States.
The plea was further set forth tha
Durrant had not been accorded th'
rights guaranteed him by the Fedora
Constitution.
Attorney Boardman followed Genera
Dickinson, arguing in support of tbs
motion to grant a writ of habeas cor
pus.
The court announced that decision
would be given at , o'clock in the after
noon.
When the Circuit Court reconvenet
this afternoon Judge De Haven rem
dered decision denying the petition fo
q writ of habeas corpus.
After some legal skirmishing Attorne!
Roardman, on behalf of Durarnt asked
the court for leave to appeal from thi
decision to the United States Suprem
Court. Judge Morrow, however, de
clined to grant the necessary permis
sion to appeal. and further refused t
give the attorneys for the defense an.
satisfaction. other than to order tn
refusal to grant their requests sprea'
NIXON the minutes Of the court.
DITRRANT RECEIVES THE NEWS
SAN QUENTIN PRISON 0Cal.), Nov
71-Tbis has been day of great bu
snppres essed excitement in and aroun
the penitentiary. The preparations 70
the execution of Theodore Durrant ha
all been completed. and the prison OF
ficials were in readiness TO carry on
the death sentence from which ther
seemed no further appeal. The ma
alone was hopeful that he might ye
obtain a longer lease of life.
Ruoyed up by the hope of interven
ton either by the Governor or IN
United States Court, the condenne
murderer spent last night and to-da
in tranquility. He seemed in no wis
affected by the trying ordeal throug
which he had to pass yesterday, an
was as calm and self-possessed as n
has always appeared to be since ri
arrest. He talked freely to reporter:
TO whom he said: Il am innocent
this crime but If the verdict is TO b
carried out in my case. j shall die lk
a DurTant''
Durrant was very cheerful last nigh
He talked freely with the men VII
We're serving as a death watch, and hi
conversation was mainly upon matter
not in any way connected with hi
execution. He seemed In rerniniscen
mood, and recalled many incidents c
his life. Many points he had visited |
the State while on pleasure trips an
picnics Were fully described. and tn
prisoner seemed to relish the account
ne gave of the good times he had ha6
Perhaps he reflected that his picni
days We're over. and took especial sat
isfaction in dwelling on the events c
former and happier days
After talking with those about hir
for several hours. the prisoner in
ouired what time 1t was. He had hear
a. bell toll. and said: What does tha
meano"
1T means that it is Ii O'clock" sal
a guard.
.sThen ii is about time to go to bed,
no remarked He arose from his sea
and began TO disrobe for the night H