Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1897-06-05
DURRANT MUST HANG
GOV. BUDD REFUSES TO GRANT
EXECUTIVE CLEMENCY.
na.th watch Ordered Placed on the
Man Who HIS So Long
Evnded Punishment.

Sacramento. May S1.-Theodore Durrant
will be hanged on June Ii, one week from
next Friday.
covernor Budd last evening telephoned
that much in effect to Warden Hale of
Co., Quentin nj the same time ordering
the death watch placed on the prisoner.
Immediately after telephonlng this mes
sape 10 Warden Hale, the governor was
driven in a closed carriage TO the depot
where he took the train for san Francis
CO. Notwithstanding the tact that the
governor has made his decision ana thaI
the telephone message has leaked, the
same secrecy is being maintained regard
ing the statement which the governor had
nrepared and this statement Will not be
given out until tomorrow.
Legal Fight of Two Years.
The trial. which began on July - anu
lasted until November l, was one of the
most celebrated in criminal jurisprudence.
Nearly 1900 talesmen were examined be
fore a Jury was secured, and six weeks
passed before the taking OF testimony
was begun. The evidence throu8houl
was circumstantial. but when taken To-
gether formed a chain so strong as 10
admit of no reasonable doubt Inc prose-
cutiOn produced witnesses, VINO traced
Durrant's movements on April 3 from the
time he left Cooper Medical college untll
he entered the church with MISS Lamont
To all of this testimony the prisoner en-
tered denial and in rebuttal produced
the roll call of the college, Whlch Sho"eo
that he was attending lecture at the
bour when Miss Lamont was murdered.
The prosecution disputed the reliability
of the roll call and showed that students
were accustomed to have classmates an
sWer for them when they were not pres
emf AS the case became more hopeless
Durrant went on the stand himself, and
l., ,i,,fa iy,ad
composure throughout, his testimony Oh
A number of important points was palpa-
bly false The case was submitted 10
the Jury in the afternoon OF November
/ 1895, after having been on trial over
three months. Twenty minutes after they
left the court room the jurors returned
and rendered a verdict of guilty in the
first degree The California law gives the
Jury power to fix the punishment OF the
criminal but as no Recommendation OF
mercy was made, Judge Murphy few
days later sentenced Durrant to be hang
ed on February q, 1896.
The Struggle for Delay.
Then begun a fight for delay, vigorous
| " maintained for almost 20 months, not
even ceasing with the execution of the
death sentence. Durrant appealed from
the Judgment to the supreme court but
his appeal was not perfected for many
months A preliminary proceeding was
. ument.
The defendants attorneys first prepared
. their bill of exceptions; the district at
. torney added amendments thereto, then
followed frequent meetings OF opposing
/ counsel to determine their differences the
document was read by the court ana
given TO the printers, but it was August
/ 1896. before the bill of exceptions and
! the transcript of testimony reached the
/ supreme court. The case was then placed
! on the supreme court calendar, and at
Los Angeles in the following October,
/ the defendants attorneys not appearing.
/ the case was ordered submitted on the
/ papers filed.
Durrant's attorneys subsequently NOV
cd to set aside the submission, and they
were allowed to file briefs, but were per-
/ mitted to make no oral argument. Attor-
ney General Fitzgerald filed a brief in
/ reply, Durrant's attorneys answering the
attorney general in another brief, and the
case was not really under SUBMISSION UNI
til January 1891
/ The supreme court affirmed the decision
of the superior court on March g. 1897,
I and within 10 days. e., on March 10
/ Durrant's attorneys filed a petition for
/ rahearing The application for rehear-
/ ing was denied by the supreme court on
/ April 2 and the following day remittitur
was handed down to department of the
superior court ordering that court 10 pass
/ final judgment.
Superior Judge Bahrs of department 3
fixed Saturday, April 10, as the day for
passing sentence, and on that date Dur
rant was resentenced and ordered to be
hanged at San Quentin state prison on
Friday, June II. On the afternoon of
April 10 Durrant was taken from the
county jail, where he had been confined
ever since he was held to answer to the
ta n
tin.