The San Francisco call., 1897-11-27
DICKINSON AND
his STAR PLAY
Judge Bahrs Mandamused
in the Minnie Will
liams Case.
Durrant's Attorneys Want a
Trial Set, Thus Adding
Complications.
Points Made in the Petition to the
Supreme Court-Delay of the
Other Side.

The expected has happened. Durrants
attorneys have contributed their mite
toward helping along the reputation Of
local prophets by filing another document
in the erk's office of the Supreme Court.
This time it Is a petition for writ OF
mand ate to compel Judge Bahrs to set
day for the trial of the Minnie Williams
case.
1t was just three minutes 10 O'Clock
yesterday afternoon when Attorney Louis
p. Boardman stepped brskiy into the
clerk office and executed the star play
for the week-of defendants lawyers, the
tiling OF the petition, and along with 1t
memorandum of the facts cited in the pc
tition and list of decisions given In the
codes and the constitution OF California,
which these gentlemen seem TO think
will support them in the several points
raised in connection with the famous
case.
The petition cites that on April ID 1895,
Durrant was arrested on warrant charg-
ing him with the murder of Minnie Will
liams, and that between April % and May
OF the same wear his preliminary exam
nation was held before Police Judge Con-
Ian, the prisoner being held to answer and
committed into the Gus ody of the Sheriff;
the name OF the people and against Dur
rant, as defendant. was filed in the Supe-
rior Court by the District Attorney,
charging the defendant wi h the m urder
of Minnie Williams. as alleged in the in
formation; that Durrant had entered
plea of not guilty. which has never been
changed or modified, and now remains In
full effect; that on Novem ber 8. 1895,
the action was continued, to be set
for trial on two days notice by the Dis
| trict Attorney, no such notice having ever
been given, and 40 time ever having been
set for trial.
The petition then goes on to state that
Novem Der 19, 1897. a motion was made in
he Superior Court before Judge Bahrs by
DEFENDANTS attorneys dem handing that an
order be made fixing time for the trial OF
the cause on the information given a the
earliest pos ,;ble date. This motion, the
document recites, was made on the
ground th t the defendant was entitled to
be tried TOT this cause.
Judge Blhrs was represented, however,
as not viewing the matter in that light at
all, AMI the petition iecites that he not
only refused to issue such an order in re-
la ton thereto, but "a clause that seems to
have wounded deeply the feelings OF de-
fendant's attorneys) he refused utterly
and ab .olutely 10 assign any reason for
b s refusal.
for tnese reasons the petltlOner Rt
that alternative writ of mandate issue
directing Judge Bahrs either to set date
for the i'm mediate trial of the cause or to
assign a reason for his refusal. The petit
ton is signed by General Dickinson, at
torney for the petitioner, and Attorneys
Deuprey and Boardman, OF counsel
A memorandum and points of author
ity" was filed in con juno on with the Pc
tition. After quoting briefly the sub
stance of the petition, it gives the three
points therein made and list Of decisions
supposed 10 bolster each up.
Acting Attorney General Henry E.
Carter did not file the iooked-for petition
asking the Supreme Court to vacale
the order and dismiss the appeal at
once yesterday. He would assign no rea-
son for this, and came up late in the after
noon to consult with the Chief Justice,
presumably upon the Durrant case.