The record-union., 1897-11-09
Blanche Lannon'S Murderer Must
Suffer the Death Penalty.
The U. S. Supreme Court Affirms the RuI.
Ing of the Circuit Court.
Chief Justice Fuller Announces the
Decision Which Permits the
Law OF This State to Take It's
Course With the Condemned
Man-Acting Warden Edgar
Notifies Durrant of the Courts
Decision.


WASHINGTON, Nov. S.-The Unit
ed States Supreme Court to-day af-
firmed the decision of the Circuit Court
corpus to William Henry Theodore
Durrant, under sentence of death for
the murder of Miss Blanche Lamont at
San Francisco in April, 1895.
The case has attracted attention
throughout the whole United States.
and to-day's decision permits the law
to take its course with the condemned
man. Chief Justice Fuller announced
the courts decision, but made no re-
marks, save to cite the few authorities
on which the court based its decision
The decision of the w. H. T. Durrant
case was in response to the motion Of
Attorney General Fitzgerald, entered
last Monday, to dismiss the case or af-
firm the decision of the court below.
and, of course, relieve the court from
the necessity of deciding the case on
its merits on the 10Th inst, as at first
arranged.
The Chief Justice, in rendering the
opinion, INDUCED in no comment what
ever, beyond remarking that the order
of the Circuit Court was affirmed on
the authority Of the decisions of the
court in the case Of Hurtado VS.. Cali1or-
MIA (vol. 40 of the Supreme Court Re-
ports): Nordstrum VS.. Washington (vol.
1164 Of these reports) and of Creamer
VS.. Washington, recently decided.
Attorney General Fitzgerald was
RI
opinion was rendered, and said it would
insure Durrant's execution, and was in
all respects satisfactory to that State.
The court granted the motion OF the
State Attorney General to advance the
cases of Hill and Cross, under sentence
Of death in California, fixing the date
for their hearing on the first Monday
of December.
There was absolutely no excitement
whatever attendant upon the announce
ment of the Chief Justice in the Durran.
case. Only few of Mondays crowd
of sightseers al the court knew the sig
nificance of the decision. The Chief
Justice made the announcement along
with list of others, and his rapid in
distinct utterances conveyed no intima-
ton that it was probably the last legll
step in one of the most celebrated
crimes in the country.
AS soon as the opinion Of the Chief
Justice was known, Acknowledgement
fitzgerald telegraphed the fact to the
District Attorney having charge of the
case, and it will devolve upon the latter
officer to determine just when Durrant
shall be brought before the Superior
Court at San Francisco for resentence
1t will not be necessary. Mr.. FITZGERALD
says, to await the receipt of the formal
mandate from the Supreme Court.
which usually is handed down in about
thirty days from the time Of the decis-
/ ion. This fact, he says, was fully es-
tablished in the Mcguire murder case
brought to the Supreme Court from
New York
The Attorney General further saws
that the statutory rule of sixty DAYS
does not apply in the case of resentence
of a murderer, and that Durrant may
he executed without delay. Durrant.
he says, viii promptly resentenced,
and the time for the execution will be
fixed by the Superior Court Mr.. Fitz-
GERALD would not express an opinion as
to how soon he thought the penalty
would be imposed.
Concerning the possibility of any 9TH
er legal steps by Durrant's counsel to
secure further delay in the execution of
the death sentence, Mr.. Fitzgerald said:
"The question Of any further delay by
Federal Intervention will rest solely
with the United States Judges in Cali
fornia. They are, in my opinion, fully
authorized by the decisions of the Su-
preme Court to refuse absolutely to en-
tertain or to make any order upon a
second application for q writ of habeas
corpus in this case. for it has been re-
peatedly held by that court that the
United States Circuit and District
Courts may in their discretion, in cases
Of this character. refuse State prison
or the remedy by habeas corpus, and
put him to his writ of error"
THE NEWS AT SAN FRANCISCO.
SAN FRANCISCO, Nov S-The news
that the United States Supreme Court
had decided not to interfere with the
execution Of Durrant spread quickly
over the city to-day. and crowds of in
terested people read the announcement
eagerly from the newspaper bulletin
boards. The decision OF the Supreme
Court was not unexpected here, and ap
parently only Durrant and his attor-
news seemed to have any hope that the
murderer would be saved from the gal
lows Warden Hale of San Quentin,
who is in Washington, wired the news
TO Acting Warden Edgar.
District Attorney Barnes who con-
ducted the sensational trial. the result
of which was the conviction of Dur
rant for the murder of Blanche Lamont,
was much pleased with the decision
He is convinced that Durrant commit
ted the murder, and has ehafed at the
DELAY in carrying out the sentence.
Mr.. Barnes said that Durrant would
not have to be re-Sentenced. He said
that all that was necessary would be
for. the District Attorney. when he re-
caived official notice of the decision. to
go into court an1 ask for an order to
proceed with the execution, and that a
day be fixed for it,
ut will be in the power of Judge
Rahrs." he said, ito fix the day of exc
cution within ten days after Durrant
is brought into court and asked to
show cause why the sentence and judg-
ment should not be carried out"