The San Francisco call., 1897-11-09
DURRANTS
LAST HOPE
, HAS GONE
Now the Demon Of the Be1fry
Most Pay the Death
Penalty.
ALL THE TRICKS TO CAUSE LAY
FAIL.
The Supreme Court of the United States
Decides That the California Tribunal
i Did Not Err in Refusing to Grant
Writ of Habeas Corpus.


decision OF the Supreme Court is indica-
tive of the utter futility of any endeavors
to save the neck of their client. District
Attorney Barnes is confident that there
Will be no more appeals taken to prevent
the execution, and if there should be
they would not be entertained by the
Federal courts for an instant, and that a
persistencY along these lines might bring
forth rebuke from the Circuit Court that
would cause the lawyers for the defense no
little worry.
By the decision of the United States
Supreme Court the case is now relegated
to The same condition it occupied before
Judge Hawley refus ed TO grant writ OF
habeas corpus in June last. Durrant
Is now to all intents and purposes under
sentence OF death, the appeal to the Fed
eral courts acting simply as stay of ex-
ecutlon. but in no way annuing the order
OF death. But it IS not probable that the
District Attorney will let any such teCnni-
calities endaneer the case in its present
condition. The prisoner will be resen-
fenced, and ut once, which means as
soon as the District Attorney receives
official notification of The action of the
Supreme Court. Just to facilitate mat
ters he sent dispatch to Attorney Gem
eral Mckepna yesterday afternoon asking
for the glst OF the decision.
But Barnes will not be kept waiting
long in SUI pense. Deputy Attorney GEN
eral Carter received a dispatch from his
chief, who is now in Washington, convey
ing to him official notice OF the action of
the Supreme Court with instructions to
convey the news to the District Attorney
at once Attorney-General Fitzgerald
stated in his dispatch that it would not
be necessary to await the arrival of the
formal remittitur from Washington IN
order TO have Durrant resentenced.
This precedent was established in the
famous Jugiro case, which was an appeal
from the death sentence pronounced on
New York State court death sentence on
grounds Identical with those upon which
Durrants lawyers strove 10 save him from
the gallows. Jugiro was hanged forth
with upon the decision OF the higher
courts refusing to entertain his appeal
and without the iormality of death sem
tence
Deputy Attorney-GeneraI Carter imme-
dIately transmitted Fitzgerald's instruc-
tions by letter 10 Barnes, and this morn
ing will see a conference between that
official and Judge Bahrs over the matter
OF fixing a day for the death of the pris-
oner. 1t is in the power of Barnes to
order the prisoner into court to-day for re-
sentence, but he declared last night that
he would not be guilty OF such haste.
II is this phase of the situation that
has set Durrants attorneys by the ears
They realize that their ctient is in ex-
treme danger of being hanged while they
aIe planning new ways to postpone the
execution. They declare that if any snap
game OF this kind is played on them they
will resort to injunction 10 prevent the
execution.
Lawyers generally say that about all
tricks OF the law available have been ex-
hausted in behalf of Durrant. OF course
his attorneys will ask for writ of prob
able cause from the courts at once, and it
may be safely said that such writ will
be refused. as was already done by
Judge Bahrs when he fixed the day
OF death last April. From this refusal
there Is, OF course, an appeal to the State
Supreme Court but this appeal will not
stay the execution should the prison au-
thorties proceed to conform with the
order of the lower courts in carrying out
the death sentence. The appeal would be
heard in due time, OF course, as he calen-
dar was reached, but there is no known
rule of law that prevents the execution
going on at the appointed time.
This aspect of the case recalls the tac-
TICS adopted by Judge Blackburn, who
dispensed justice in the early days of
Monterey County. Blackburn learned
lndL JOuu L. MCOCuSdIl, VINO was t6en
Governor of the Stale, was preparing to
reprieve a prisoner who had been found
guilty of murder III the Monterey courts
He directed the Sheriff 10 bring the pris-
Oner into court and at once sentenced him
to be hanged forthwith. The Sheriff was
equal to the occasion, and when the CUB
ernatorial reprleve arrived the prisoner
had already paid the penalty of his
crime.
l. -I,,-, IN, olvf, H.;
Governor of the affair declared that the
jail fund was exhausted and that in the
interests of economy he had deemed it
best for the taxpayers to have the
prisoner go to his doom at once, hence
when the reprieve arrived the prisoner
had crossed the bourne from which no
returneth.
The case OF murderer Frederlcks affords
an example OF the futilty of an appeal 10
the Supreme Court of the State from the
refusal OF lower court TO grant writ of
probable cause in the interests of con-
demned man. Fredericks went to his
doom while his case was pending pefor Q
the Supreme Court. and that august BODY
was informed when the matter was reached
on the calendar that the subject matter of
it no longer existed, and accordingly the
case was dismissed at the request of the
District Attorney.
Durrant's attorneys will hold confer
ence to-day, and if they decide to continue
the effort 10 delay the execution they will
probably pin their hopes on a motion to
have The second charge OF murder against
their client tried. Such legal precedent
is founded upon wel-known axiom
laid down by Justice Coke, in
which the theory is advanced that
when a man is charged with two
crimes he may ask that he be tried for
both on the ground that the second trial
might reveal evidence that would tend to
establish his innocence of the first. Dur
rant was convicted of the m murder of
Blanche Lamont. His attorneys have
striven 10 ave the case of the death of
Minnie Williams heard and advanced
this as one OF the grounds for COM
mutation OF the death sentence when
they interested Governor Budd in the
case Last June. They may urge this again