The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-07
DURRANT WILL HAVE TO DIE.
JUSTICE BREWER REFUSES TO
STAY THE EXECUTION.


Gov. Budd Also Says the Law Must
Take Its COurse-AttOrney Board
man May Appeal TO the Full Bench
of the supreme Court This Morn
ing, But Fears Ii Would BE TOO
Late Even If the Court Acted Fa-
vOrabIy-Durrant Reported to Have
Broken Down.
San Francisco. Cal, Jan. 6.-Unless
something unforeseen interferes to prevent
it, William Henry Theodore Durrant, the
condemned murderer of Blanch Lamont,
will eXpiate his crime upon the gallows at
San Quentin prison tomorrow morning.
Gov Budd announced this morning that
he would not interfere to delay the execu-
ton, but would allow the law to take its
course.
This morning Durrants attorneys were
still confident they could save him from
the hangman's moose, but after Gov. Budd
had announced his refusal to interfere with
the execution and the news was flashed
over the wires from Washington that At
torney Boardman had failed in his mission
to the Supreme Court of the United States
selves nonplussed,
Attorney Duprey, as a forlorn hope re-
sorted to the expedient of applying to the
| judges of the federal court for a bill of
exceptions to their ruling denying his pc
tition for a writ of habeas corpus yester-
day. After a consultation, Judges De Ha>
ven and Morrow decided that the allow
of 10 Of NOT
act in the nature of a permission to ap-
| peal to the Supreme Court, and after ex>
amining the documents, affixed their sig
| natures to the bill of exceptions as requir-
ed. Immediately thereafter Mr.. Duprey
secured from the clerk of the court a GER
titled copy of said bill of exceptions and
! called upon United States Marshal Bald
win to serve it and notice of appeal upon
! Warden Hale at San Quentin.
1t was claimed by Attorney Duprey that
this notice acted as a stay of proceedings
and that the federal judges having signed
this bill of exceptions it would not pre-
vent him from perfecting his appeal there
| on.
Marshal Baldwin at first objected to be-
| ing pressed into service, but later, acting
| on advice of the United States attorney, he
accompanied the attorney to San Quentin
| and served the documents upon Warden
| Hale That official at once referred the
matter to the states attorney general, who
| advised him that the acceptance of a SER
| vice of such documents as had been sub
/ mtted to him did not act as a stay of
| execution, and that there was no legal
reason why he should not proceed with the
| execution.
| Refurpfno f0 this cftu Afforpay T0t1Drav
! at once repaired to the United States Cir
| cult Court in order If possible, to perfect
| his appeal, but, acting under the instruc-
tions issued by both federal judges yes
| terday in passing upon the question of
| Durrants alleged right to appeal the
| clerk declined to accept the necessary no
tice of appeal and the attorney was COM
| PEELED to retire without having gained the
| point for which he had been striving all
| day.
Gov. Budd deferred his decision upon
| the appeal for executive clemency, which
had been submitted to him yesterday eve
| ming, until a late hour this afternoon, be-
| lieving that Durrants attorneys would
| call upon him; but either they were too
| busy to do so or considered it a waste
| of time as they failed to appear.
Durrants parents announced their de-
termination to call upon the governor to
| ask him for their sons life but he also
| announced his refusal to see them, and
they then left the city for San Quentin to
| spend the night with their son and bid
| him farewell.
Amos Lunt, the hangman, visited Dur
rants cell this afternoon for the purpose
of taking his measure and determining
upon the length of the rope. The machin-
cry of the gallows was tested and every
thing found to work smoothly to-day
About 200 invitations have been issued by
Warden Haze.