The record-union., 1898-01-07
Justice held to his original determine

nan was armed with a long list OF doc
iments which he used especially in his
fort to secure the review of the court 5
action in the habeas corpus proceedings
These related to alleged errors in de-
aging the prisoner his rights under the
Constitution.
The interview lasted forty minutes.
After it's conclusion Mr.. Boardman
stated that he was undecided as to
whether to make an application to the
full Supreme Court to-mo1-ow tor a
writ of prohibit u staying the execu-
ton. AS the court does not convene TIL
noon, and the execution is set for lO:oO
he was fearful that the difference IN
time would not be sufficient to save
Durrant, even if he should be succes1ul
in having his motion granted.
This evening Mr.. Boardman mad a
conference with Justice Harlan, and III
the morning will see such other mem
bers of the Supreme Court as he can
before the noon session. Owing TO the
urgency of the case he will be given
instant hearing when the court con-
yenes at - o'clock. Allowing for the
difference in time, this will give MN
an hour and a half for a telegraphic
stay of proceedings in case OF faVor-
able action.
Mr.. Boardman will apply either 1ol
n writ of prohibition, on the grouno
that the jurisdiction of the Unlteo
States Supreme Court has been usurp'
ed by the lower court, or else Ior ah
original writ of habeas corpus Ihs
first method would necessitate mo-
ton for his admission to pracuce peloie
the Supreme Court, and arrangements
will be made to have this done IN the
shortest possible time, If it Is neeueo
at all. But the appeal for writ VI
habeas corpus would not necessltale
the admission of formalities, so thal
If is the form in which the action VIII
be taken.
In case Mr. Boardman can secure the
signature of a single Justice out VI
the eight to his petition, TINS VIII ac'
as a summary stay of proceedings, anu
the case will then come up Tor arSu-
nent on its merits. Owing to the very
scant time at the attorneys disposal
arrangements have been made with the
Postal Telegraph Company to have d
through wire to San Francisco ready at
noon so that no time will be lost III Ior-
warding the message.
AS to the legality of a telegraphlc
STAY of execution one of the Jusuces oi
the Supreme Court said tonight:
cit is a matter that, so Tar as L hilo"
has never been legally tested, put III
case of a telegraphic stay being sent
nronerlv attested by the Clerk OF the
Court I should think it would be most
unlikely that the Warden in charge OF
the execution would disregard IT, III
casa of s11ch disregard, the court might
very properly take cognizance OF the
matter afterward, but in this case 1t
wolIld be too late to beneft the prs
oner Owing to the peculiar urgency ol
the case. / should say that every Ia
cility will be given the attorney Tor the
condemned for a speedy hearing, What-
ever the action of the court may be-
WARDEN HALE ADVISED TO PRO-
CEED WITH THE EXECUTION.
SAN QUENTIN PRISON, Jan. O.
On the eve of the execution of Theo-
dore Durrant, the only indications OF
the nearness of the final scene in his
life's tragedy are the presence of the
grim gallows near the condemned cell,
and of the unusual number of civilians
who are to witness the hanging to-
morrow morning.
Durrant passed the day, as he has
spent most Of his days lately, reading
his Bible, praying and pacing to and
fro across the condemned cell. Chaplain
brahms administered spiritual conso-
lation this morning, the prisoner join
ing him in prayer.
This afternoon Attorney Deuprey, of
counsel for Durrant, accompanied by
United States Marshal Barry Baldwin,
came over from San Francisco and
served on Warden Hale a certified copy
of the bill of exceptions taken to-day in
the United States Circuit Court, to-
gether with a notice of appeal from
the order denying the application for
a. writ of error The Warden was asked
to defer the execution on the ground
that the appeal acted as a stay.
The Warden took the $50 boat for
San Francisco to consult with Attor-
General Fitzgerald, who advised
him to proceed with the execution, dis
regarding the service, as the questions
raised had already been settled, and
the new application was frivolous.
This left Durrant only one hope, the
Governor having declined to interfere.
This was the possibility that Attorney
Boardman,s mission in Washington
might be successful and that he might
secure a STAY from the United States
Supreme Court. Late this afternoon,
however word was received that jus
tice Brewer had denied the application,
and that there was at last absolutely
no legal obstacle between the con-
murderer and the gallows.
The prison officials on the receipt OF
the news were greatly relieved, and
everything is now in readiness for the
carrying out of the sentence, four
times pronounced on the murderer of
Blanche Lamont.
Amos Lunt, the hangman, visited
Durrant's cell this afternoon for the
purpose of taking his measure and de-
termiuing upon the length of the drop.
The machinery of the gallows was
tested. and everything found to work
smoothly to-day. About 100 invita-
tions have been issued by Warden
Ha;e.
DURRANT PREPARED FOR THE
END.
SAN QUENTIN, Jan. Cat the re-
quest of Theodore Durrant an Asso-
ciatei Press correspondent was brought
tonight to the cage-like structure sur
rounded by a close wire netting in
which the condemned man is confined.
His mother sat outside conversing with
her son in whispers.
DuTrant looked well, but his eyes
Were red from weeping, and his lips
were parched. The failure to-day Of
the various moves in his behalf was
referred to.
1T was a great surprise, but / am
,..l r1... 81 >, ,.araI.all Il,1r.r.,