The record-union., 1897-06-11
HE WILL NOT HANG TO-DAY.
Governor Budd Grants a Short Respite
to Durrant.
1t Was Received i'm This CITY Just
Before Midnight Last
Night.

All doubt has finally been removed as
to whether or not Theodore Durrant,
the murderer of Minnie Williams. will
be hanged in San Quentin Prison to-
day. Shortly before midnight last night
Governor Budd telegraphed from Yo-
semitic Valley to Private Secretary
Shields the text of his reprieve of the
San Francisco murderer. 1t is as fol-
lows:
State of California, Executive Depart
ment.
Whereas, During the months of July,
August, September, October and No
vember, A. D. 1895, at a regular session
of the Superior Court held in and for
the city and county of San Francisco,
in said State, w. H. T. Durrant was
tried and convicted of the crime of muir
der and sentenced to be executed upon
the 21st day of February, 1896; and
Whereas, the said case was appealed
to the Supreme Court and after de-
cision of said court affirming the judg-
ment of the Superior Court said w. H.
I. Durrant was sentenced to be eXecut-
ed upon the 11th day of June, 1897; and
Whereas, Said w. III. T. Durrant un-
der sent ence as aforesaid has appealed
to the United States Supreme Court;
and
Whereas, The Warden of San Quen-
tin, whose duty it is to execute the SEN
tence aforesaid of said Superior Court,
does and will refuse to execute the SEN
tence of death of said w. H. T. Dur
rant on said 1lth day of June, 1897;
and
Whereas, I shall apply to the Su-
preme Court of this State for a writ of
mandate to compel w. E. Hale the
Warden aforesaid, to execute the SEN
tence of said court unless he be restrict
ed by an order of the Federal Courts;
and
Whereas. T am advised by the Attor-
ney- General of this State that re-
prieve is requested that the said court
may properly consider the said subject;
and
Whereas, The opinion of the said
court in said proceedings will settle the
question judicially, whether an appeal
to the United States Supreme Court in
such proceedings as taken by Durrant
STAYS the execution of the sentence OF
State court;
Now. therefore, by virtue of the au-
thority in me vested by the Constitu-
ton and laws of this State, l, James H.
Budd, Governor of the State of Cal1for-
mia. do hereby reprieve the sentence of
the said w H. T. Durrant to the 9th
day of July, 1897, at which time the
said sent ence shall be executed unless
otherwise ordered.
Witness my hand and the great seal
Of the State this 10th day of June, IN
the year of our Lord 1897.
JAMES H. BUDD,
Governor of the State of California.
When Secretary Shields received this
message from the Governor he imme-
diately wrote out two copies of the re-
prieye to be mailed to Warden Hale
and Attorney General Fitzgerald on
the early morning train. He then call
ed I'D Warden Hale by telephone, and
although it was after midnight, the
Warden answered in person. When in
formed that Durrant had been reprived
until July 9th Hale asked how he was
going to obtain a copy of the reprieve
He was told that it would be sent on
the train which leaves Sacramento at
3 O'Clock in the morning.
But that mail does not reach here
until noon,'' exclaimed the Warden,
land Durrant is to be hanged at 10
o'clock"
Secretary Shields set him at rest by
declaring that the reprieye was IN
force the moment it was issued, and
that he had official notification that 1T
had been issued. He would therefore
run no risk in not hanging Durrant
when the time came.
The result of the mandamus proceed
ings which the Governor will at once
bring against Warden Hale to hang
Durrant on July 9th will probably set
tie the fate of both Durrant and Wor-
den, as a speedy decision is expected.