The San Francisco call., 1897-06-01
DURRANT !. !.
HAS ONE !.
CARD LEFT.
A Federal Appeal May
Stay the Exc !.
cution. .....
SOME HALF-FoRGoTTEN
LAW. r. r: =. =.
Habsas Corpus Proceedings to Be
Taken to the United
States Courts, ....
THE GOVERNOR HAS REFUSED
TO INTERFERE. +
fearful Interview Between the
= Condemned Man and His ..".. s.
Mother. XIII =
.''..-' :.
Habeas Corpus Proceedings to Be
Taken to the United
States Courts. -....:..
THE GOVERNOR Has REFUSED
TO INTERFERE. - =
fearful Interview Bstween the
Condemned Man and His =. :.
Mother. XII. -:

Durrant's attorneys will appeal to the
United States District Court for writ
of habeas c orpus.. Wheth er the Distri ct
Judge awards the writ or denies it there
is an appeal to the Supreme Court, and
that court does not meet until October.
There is not such an appeal from the
decisiOn. of a Circuit Court, for which
reason, as in the .' Long Green" Law
renee cases, the District Court viii be
sought. The legal buIwark on which the
attorneys rely is. found in section 763
of the Revised Statutes of the United
States. 1t provides that e.from the final
decision. of any court infer Tor to the Cir
cult Court, upon an application: for a
writ of habeas corpus, an appeal may be
taken in cases whore the person petit
foning is alleged to be restrained in
violation of the cons tfthtioE of the
United States.'I Section 764 prohibits
such. appeals from the decision of a
Circuit Court. ..>.. H..
The fore going law is interpreted in the
folio wing rule,.No. "a, Of the Supreme
Court: Custody or prisoners on habeas
corpus Pending an appeal from the
final decision OF any court or judge de-
,
pus, the custody of the prisoner shall
not be distur bed, f.: 80
- Section. 766 provides that all proceed
ings =of State courts and officers are
stayed. pendip an appeal to the United
81 ates Supreme Court. 4 he statute says:
Until final j ud gm ent lin the Supreme
Couft) all State procee dings. are void .
:T:lfis was also decided in yoIume j 10
Of the United States Reports. -. :. :
In spite of Governor Budd's decision,
corro borating the verdict of two State
courts, there. are. strong prospects that the
far-Teachlng arm of the Federal courts
will elbow Durrant's doomsday far into
the future: : + =:e<.. =. + !:
:: + New attorneys have entered the lists for
Durrant, ard the work of preparing his.
petition for Federal interference was
pushed all day. yesterday with undated
e.: yigor.. II. I =: ..r:.s
=. The condemned mans father sat in
Attorney Deuprey's Office all afternoon
patiently studying the yoluminous
Transcript in the celebrated case, while a
coterie OF attorneys tofled zealously In
the ad Joining room weaving their long
petition, for habeas corpus. f.. ).
-, 1t will be presented as soon as the
United States District Court IS in session.
or as. soon. as District Judge can be
found. Judge Morrow will resign to-day
and 3illt then become Circuit Jud ge
thus escaping the case for the reason that
; an appealto the Supreme Court from the
decision: of a Circuit Judge in a petition
for habeasI corpus does not lie Such an
appeal may be taken from a District
Judge and. that appeal is what Duran t
wants. >. =: r..
That an appeal from the decision of a
Circuit Court does not lie in such cases
was discovered by Attorney Heggerty in
the Long Green Lawrence proceed
fngs. Durrant's attorneys had not learn ed
: this fact yesterday. and they had inten ded
:: to go into the Circuit Court to-day.
They will pro ba bly, realize the danger of
such proceeding in time to deter their
action until there is District Court to
-: appear before with. their petition.
:. Durrant's attorneys feel they will have
pretty strong paper case ready for pre-
sentation to-day: lfthey decide to risk it
before the Circuit Court they will be care
ful not to presentit>to the Judge in cham
bers, Tor. they say they preserve certain
important rights by going into open court
T he defense contends that the effect of
a apetition for habeas corpus is to stay exc
cution of the sentence OF death. If the
: writ be issued IL will be heard not more
than five days after It, is awarded, and If
The prisoner should be remanded to the
custody: of Warden Hale after the hear
ing, an appeal will be taken to the Su-
preme Court of the United States on ques-
tions involving the constitutionaHty of
the conviction. =
Under section 766 of the Revised Stat