Cottonwood report. [volume] (Cottonwood, Idaho) 1893-1901, 1897-06-04
INT MUST HANG
WDD REFUSES TO GRANT
CLEMENCY.
Fntch Ordered Placed ON the
nm Who Has So Long
INVADED Punish ment.

6i 110ento, May 31.-Theodore Durrant
ne Ianged on June II. one week from
L EfHay.
3441<<or Budd last evening telephoned
1i<h in effect to Warden Hale of
QU&IEtin, at the same time ordering
<l6<<X watch placed on the prisoner.
lf11& (tetely after telephoning this mes
\ ID Warden Hale, the governor was
Eli ~ a closed carriage to the depot,
M I'll took the train for San Francis
Notwithstanding the fact that the
af136f has made his decision and that
faIephone message has leaked, the
4 34Efecy is being maintained regard
tl1& Vehement which the governor had
laI8d Ind this statement will not be
A oUE until tomorrow.
Is&&t&l Fight of Two Years.
il Trial, which began on July ~ and
"a until November l, was one of the
/ t61a0rated in criminal Jurisprudence.
r{Y41XO talesmen were examined be-
IL 1Ify was secured, and six weeks
led b&fore the taking of testimony
II b6&Qn, The evidence throughout
clfrh3instantial, but when taken to-
III {6fmed a chain so strong as to
H &f$uo reasonable doubt. The prose-
1nA nfoduced witnesses, who traced
F1&@{t94I ilONelIleIllS OIl April q lIOlu llS
he eff Cooper Medical college until
rIk&fed the church with Miss Lamont.
IN ~ Efhis testimony the prisoner en-
4 b denial, and in rebuttal produced
roll oRll of the college, which showed
He MAS attending a lecture at the
when Miss Lamont was murdered.
ID prtBecution disputed the reliability
a< foH call, and showed that students
! 4Hc11s toned to have classmates an
Tor them when they were not pres
z Af The case became more hopeless
rant went on the stand himself, and,
Q(I&H he maintained a remarkable
posture throughout, his testimony on
Imbsf of important points was palpa-
false The case was submitted to
jury In the afternoon of November
95s after having been on trial over
n1ouths. Twenty minutes after they
the court room the jurors returned
rendered verdict of guilty in the
degree. The California law gives the
poWer to fix the punishment of the
dnal. but as no recommendation of
" was made, Judge Murphy a few
later sentenced Durrant to be hang
"A February q, 1896.
The Struggle for Delay.
en- Begun a fight for delay, vigorous
&<FfA< tf*AAiCd III ollllOol ~ IIlOIlLHS, IlOt
ceAtlng with the execution of the
h sentence. Durrant appealed from
5udEuent to the supreme court, but
appeal was not perfected for many
this. "a preliminary proceeding was
Dill Of exceptions-a very lengthy doc
q defendants attorneys first prepared
1 bill of exceptions: the district at
ey added amendments thereto, then
WED Frequent meetings of opposing
lsel ITO determine their differences; the
I1neiit was read by the court and
b to The printers, but it was August
3d. btfore the bill of exceptions and
tranfeript of testimony reached the
eme court. The case was then placed
he aupreme court calendar, and at
AnBeles, in the following October,
4e4eHdant's attorneys not appearing
case WAS ordered submitted on the
Ir& flied.
Irrant3s attorneys subsequently NOV
q SET aside the submission, and they
allowed to file briefs, but were per-
ed 70 make no oral argument. Attor-
General Fitzgerald filed brief in
n HUrrant'S attorneys answering the
rney Eeneral in another brief, and the
was not really under submission I'M
anpary, 1897
{ supreme court affirmed the decision
he superior court on March 8, 1897,
within 10 days.. e., on March 10
rant ne ttorneys filed a petition for a
airing The application for a rehear-
WAS denied by the supreme court on
p and the following day a remittitur
handed down to department of the
rior court ordering that court to pass
51dgment.
perior Judge Bahrs of department
saturday,, April 10. as the day for
ing sentence, and on that date Dur
WAS resentenced and ordered to be
led at San Quentin state prison on
~. June IL. On the afternoon of
| 10 Durrant was taken from the
ty jail, where he had been confined
since he was held to answer to the
e court, and taken to San Quen-