The San Francisco call., 1897-05-29
DURRAN I AWAITS
BUDD'S DECISION
Executive Action Promised
by the Governor
To-Day.
The Attorneys Formu ate a New
Plan to Delay the Ex..
cution.
All Sorts and Conditions Of Crank
Letter. Writing Fiends Are
Devel6p ng.

Durrant and his attorneys expect much
from this day. After two weeks atten-
tion to the case Governor Budd is to rem
der his decision on the application for a
respite or comm utation of the death sem
tence of the condemned man to life in
prisonment. The last is only viewed as
vague possibility, even by the most
ardent advocates of Durrant's cause.
The Governor sent word to the City last
night that he would make public his deci-
sion this morning. Those who are best
acquainted with him and his methods say
he will not inter ere with the death sem
tence at all. The closing appeal of the
condemned mans attorneys for respite,
in order that the Minnie Williams case
may be tried. if indicative of anything,
tends to show the desperation of their
cause.
.Durrant himself is hopeful. He was
disappointed to learn last night that the
Governor had not yet acted. He will re-
ceive the news-either good or bad
through his mother. who intends visiting
him at San Quentin to-day.
The attorneys for the condemned are
prepared for any emergency with which
ernor may confront them. If respite is
refused it will not necessarily follow that
Durrant will be hanged on June IL. Both
Eugene F. Deuprey and General Dickin-
son have already form ulated plan OF ap-
peal to the United States courts for the
purpose of delaying the execution of the
death sentence.
First, it is possible to apply to the
United States District Court for writ of
habeas corpus on the ground that Dur
rant is I'M prisoned in violation of the con-
stltution. Such q proceeding will, of
course, be purely formal, but on account
OF the peculiar wording of section 1853 of
the Federal statutes it paves the way for
subsequent procedure that may tend to
postpone Durrant's death some months.
The section in question provides that an
appeal OF case may be taken fro N the
final decision of any court ''inferior to the
Circuit Court" of the United States.
The word "inlerior" in this instance
is the key by which Durrant's
advisers hope to 90 business.
Were an appeal taken direct to
the Circuit Court of Appeals, as the law
of delaying the death sentence. So the
programme is to apply for the writ of
habeas corpus first to the District Court
refusal of the application would enable
the attorneys to then appeal from this
decision to the Circuit Court of Appeals
The matter then at issue would not be the
guilt or innocence of Durrant at all, but
The refusal of the inferior court to grant
a writ of habeas corpus.
Then. of course, tn re is still an appeal
to the United States Supreme Court for a
writ OF error, or something OF this sort.
The lower Federal courts might, of course,
be first attacked in this way. Oh course,
all these various phases of appealing the
case will take time, and that is what Deu-
prey and Dickinson arc striving for these
days. Should they be successful in oten-
ing the appeal door OF the Federal
courts Durrant's life is safe for many
months. The Supreme Court OF the
United States or the Circuit Court of ID
peals will not convene until October, and
the very fact that the case in any phase is
pending before these tribunals would in
itself forbid Warden Hale or the State au.
thorities from proceeding with the execu-
ton.
Upon her return from her visit to Mrs.