The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-01-08
GAME 70 THE VERY LAST
Continued from Page ..
e sim being before the court of last

case stIll being before the court of last
resort.
On November the supreme court In an
opinion read by Chief Justice Fuller. af-
firmed the decision of the district court in
denying a writ of habeas corpus. Attor-
ney General Fitzgerald Immediately tele-
graphed from Washington to have Dur
rant executed without awaiting the man.
date of the court. The prisoner was
brought before Judge Bahrs. Of the supe
rior court on November 10 and resentenced
to be hanged November r. The lawyers
hurried to the circuit court, where they
tried to secure a writ which would prevent
the carrying out OF the sentence. They
We're refused a hearing but brought the
matter up before the supreme court OF the
state. and secured a writ OF probable
cause and an order TO the warden at San
Quentin not to execute the prisoner until
notified.
The supreme court then reversed Judge
Bahrs' second order, affirmed the first and
directed the superior court 10 proceed with
the carrying ont of the Judgment by setting
q date for the execution. Accordingly on
December 10 Judge Bahrs resentenced
Durrant, this time fixing the date OF the
execution for Friday, January :, 1898.
The next step taken by Durrant's attor-
neys was the filing OF an affidavit. charg-
ing that Horace Smyth. one OF the trial
Jurors had admitted hasng his verdict on
information 0WaineG out or court. Srnytn
appeared before Judge Slack on December
%. charged with contempt OF court He
was promptly acquitted, but was imme-
liateiy sued by Durrant's parents for
s5oeo damages for SANDER for having stat
ed. as alleged, that the condemned man
was moral monster and had sustained
improper relations with his mother and
sister. This case is stiil pending
No More Iegat LoophoIes.
70
court another writ Of probable cause has
ed on the fact that Judge Bahrs had sen
fenced Durrant 10 die within sixty DAYS Of
the time of sentence was denied. On De-
cemher 81 an appeal for a writ Of superse-
IDEAS was made 10 the state supreme court
but was refused. The Federal courts were
then ralnly appealed 10 for writ OF ha-
beas corpus.
On January I petition was presented TO
Gov. Budd. praying for executive interfer-
enco I'm the case. The petition stated that
Durrant was a vital witness in the SANDER
s,lit brought ny his mother against Smyth.
on January : Du-rant's attorneys made
another application 70 the United States
circuit court for writ OF habeas corpus
TAis was denied: also permission to appeal
SO the United states supreme court. on
January s Attorney Boardman arrived in
Washington. and eudeavorea to persuade
Justice Brewer. 81 tho supreme court -
ct declined and Boz -irnaH announced that
he would appear before the entire court on
FRIDAY and demand 10 De heard.
In San Francisco an January Attor-
news Dickinson and Dauprey asked the
United States circuit court for leave 10
fle bin Of exceptions This request WAS
granted. and p7g-sroy accompanied bY
United States March, BALDWIN hastened
- San Quentin - serve notice on Warden
Ha}e claiming ;aat The decision IF the
Federal CONT acted As 3 stay Of execution.
Warden Hale. how sver was guided hv the
advice q TIRE state attorney general. who
tcl8 him "a proceed With the execution.
On TIE same day Gov. BGdd formally
announced that BE- would no. interfere. and
declined 70 see DUrrant's parents
tas aurder of 9.snnie Williams.
Dgrrant vas never trf@d for she murder
a. Miss Williams. out fne evidence ~ his
CU5st ~as as conclusive As fa TIE T.4mcn:
case Mis- NlIans lve6 IN Alameda.
ard on the afternoon Sc was murdered
p'Ir-a1t Was seen 70 meat her a. the ferry
and board a vast Gonna CIR 81 came -
this city for the purpose Of attending an
antertalnnen. to D. s.vea ~ tne chGrca
in the evening. and Il IS supposed that
when Iarraas met her ae made 2 apposnt-
renr before going 70 re entertainment.
AZ any rate. Mis-. Williams went % ne
home ~ a friend in tnis city and a: %
O'Clock started for TIE entertainment Ha!f
III hoar later sire was seen IN front OF
Emanuel Baptist church talking 10 Dur
rant she was never seen again alive
\. a-s' that rigat D1rrant arrived ~ ne
residence OF Mrs. YoseI. where the enter
s~inmeGs wa beng sven. wa-a aasasd