The San Francisco call., 1897-06-04
DURRANT SMILED AGAIN.
The Good News Sent a Ray of Sun
shine Into HIS Cell.

shine Into His Cell.
SAN QUENTIN PRISON, CAL, June 3.
Durrant is himself again. The shadow OF
the gallows has been temporarily lifted
from him by the hands Of the Fed
eral courts, and he is hopeful and
sanguine again. Death was staring him
in the face last night. Tonight the spec
ter had been driven back to his corner and
tomorrow the prisoner will be again re-
turned to his old quarters in the con-
demned cells.
Warden Hale has as yet received no Off
cial notice of the action Of the Circuit
Court in allowing an appeal, but after ali
this is a mere formality. He is aware of
what progress the attorneys for Durrant
have made to effect a stay of execution,
and he has given up the idea of proceed
ing further with the preparations for the
affair. To-day he will lift the death watch
and remove the prisoner from the death
cage.
Durrant received notification OF the
granting of the appeal by telephone from
his attorney, Eugene f. Deupley, in San
Francisco, at 3 clock. Deuprey con-
veyed this news direct to Warden Hale.
with a request that it be given the pris-
oner. Captain Edgar bore the news to
the prisoner. Durrant was awaiting the
arrival of Deathwatch Jones with his din
ner when Edgar delivered Deuprey's mes
sage. He smiled family, but there was no
concealing the emotion it produced, as he
thanked Captain Edgar.
what effect will it have2" he asked.
as if to further fortify his returning spir-
its.
II suppose" replied Captain Edgar,
that your case Will now 60 to Washing
ton"
Durrant smiled again, expressed once
more his thanks and returned to his med
itAtion. When Jones arrived with the
dinner-hamper Durrant's failing appetite
had returned. This evening he retired
early, man literally shatched from the
Jaws of death.
Warden Hale expects TO be served with
an official notice of the action of the Cir
cult Court tomorrow morning and at the
same time to receive instructions
from the Attorney-General. He regards
the granting OF the appeal in itselt as ty-
ing his hands ard will proceed no further
until the Supreme Court has been heard
from.
night nor until l receive official notifica-
tion of the order of the court" he said.
"As / understand it the matter is still in
complicated condition. l conveyed Mr..
Deuprey's message to Durrant as soon as
1t was received. He expressed his
thanks, but as the result had been fore
shadowed earlier in the day by Attorney
Tubb IL did not come to him as a sur
prise, but it was none the less grateful to
him.
Naturally the strain on me has been
great during the latter part OF this strug.
gle. 1 have followed the case closely, and
as legal difficulties arose, the case be-
came more complex. The horizon of nv
standing in the matter became very
cloudy. 1t looked at one time as If
would be called upon 10 serve two masters.
with penalty for refusing to do the bid.
ding OF either.
Feeling as an officer of this State
sworn 10 perform certain duties, and
among those duties obeying the man.
dates OF the courts, 1t naturally became
matter OF grave import to me when the
situation approached point where was
commanded by the State court to do one
thing, and the Federal court Just the op-
posite. My oath compels me to support
the constitution of the United States and
also that of the State of California. When
they are in conflict, especially in matter
of such vital Importance as the fate of a
human life, it is no wonder that 1 have
spent many uncomfortable moments over
the matter. 1t was not case of not being
willing and anxious 10 perform my duty,
but to define exactly what that duty
might be, entirely by the advice of Attor-
ney-GeneraI FITZGERALD and as he diracts -