The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-08

were prepared for an outbreak, how
/ ever, and two companies of armed men
We're present. Durrant was placed in a
closed carriage surrounded by 80 armed
! men with Winchesters and driven to
| the city prison. On April 21, an in
formation was filed against him by
District Attorney Barnes, charging him
With the murder of Blanche Lamont.
THE TRIAL.
The trial, which began on July p
and lasted until Nov. 1, was one of the
most celebrated in criminal jurispru-
dence. Nearly 1000 talesmen We're ex-
amined before a jury was secured, and
six weeks passed before the taking OF
! testimony was begun. The evidence
throughout was circumstantial, but
when taken together formed a chain
so strong as to admit of no reasonable
doubt.
The case was submitted to the jury
Nov. l, after having been on trial over
three months. Twenty minutes after
they left the court room the jurors re-
turned a verdict of guilty in the first
degree and Judge Murphy sentenced
Durrant to be hanged on Feb. q, 1896.
FIGHT FOR DELAY.
Then began a fight for delay, vigor-
ously maintained for over two years.
Durrant appealed from the judgment
to the supreme court, but his appeal
was not perfected for many months
The supreme court affirmed the deci-
sion of the superior court on March. 3,
1897, and on March Is Durrant's attor-
neys filed a petition for rehearing.
The application for a rehearing was
denied by the supreme court on April
2 Superior Judge Bahrs on April 10,
resentenced Durrant and ordered him
to be hanged at San Quentin prison on
Friday, June IL.
PRESSURE FOR CLEMENCY.
Every effort was then made to in
duce Governor Budd to grant clemency'
but without avail. On June 3, at
torneys of the condemned man applied
to the United States district court Tor
a writ of habeas corpus alleging that
he had been deprived of his liberty
without due process of law, in viola
ton of the 14th amendment of the con-
stitution of the United States. The ap-
plication was refused and an appeal
taken to the United States supreme
court. This appeal was held to act as
a stay of execution. Accordingly Gov
ernor Budd granted a reprieve to July
9. On that date no attempt was made
to carry out the sentence, the case still
being before the court of last resort.
On Nov. s, the supreme court, in
brief opinion read by Chief Justice
Fuller, affirmed the decision of the dis
trict court in denying a writ of habeas
corpus. Attorney General Fitzgerald
Immediately telegraphed from WASH
ington to have Durrant executed with
out awaiting the mandate of the court.
The prisoner was brought before Judge
Bahrs of the supreme court on Nov. 10
and re-Sentenced to be hanged on Nov
H. The lawyers hurried to the circuit
I'd 70,
writ which would prevent the carrying
out of the sentence. They were re-
fused a hearing but brought the matter
up before the supreme court OF the
state and secured writ of probable
cause and an order to the warden at
San Quentin not to execute the prisoner
until notified in the future.
The supreme court then reversed
Judge Bahrs' second order, affirmed the
first and directed the superior court to
proceed with the carrying out of the
judgment by setting a day for the
execution. Accordingly on Dec. 10,
Judge Bahrs re-sentenced Durrant,
this time fixing the date of the execu-
ton for Friday, Jan. Z, 1898.
ISLANDER CASE.
The next step taken by Durrant's at
torneys was the filing of an affidavit,
charging that Horace Smyth, one of
the trial jurors had admitted basing
his verdict on information obtained out
of court. Smytn appeared before
Judge Slack on Dec. %, charged with
contempt of court. He was promptly
acquitted but was Immediately sued
by Durrant's parents for $4,000 dam
ages for SANDER for having stated, as
alleged, that the condemned man was |
a moral monster and had sustained i'm /
proper relations with his mother and /
cic &c cfi
An attempt to secure from the |
supreme court another writ of probable !
cause based on the fact that Judge !
Bahrs had sentenced Durrant to die I
within go days of the time of sentence
was denied. On Dec. 81 an appeal for
a writ of SuperSedeaS was made to the
state supreme court but was refued.
The federal courts were then vainly
to for writ of habeas corpus.
On Jan. a petition was presented to
Governor Budd, praying for executive
in the case. The petition
stated that Durrant was a vital wit
ness in the SANDER suit brought by his
mother against Smyth.
FINAL EFFORTS.
On Jan. Durrant's attorneys made
another application to the United
States circuit court for writ of habeas
corpus. This was denied; also permits
'iCn 10 appeal 10 the united states SUI
)reme court. On Jan. Attorney
8oardman arrived in Washington and
to persuade Justice Brewer
# the supreme court, to grant permis-
ion to appeal. Justice Brewer declined,
md Boardman announced that he
would appear before the entire court
N Friday and demand to be heard
In San Francisco, on Jan. 6, Attor-
leys Dickinson and Deuprey asked the ;
United States circuit court for leave to I
lie a bill of exceptions. This request !
vas granted and Deuprey, accompanied
" United States Marshal Baldwin
fastened to San Quentin to serve no. 2
ice on Warden Hale, claiming that the :
ecision of the federal court acted as ]
stay of execution. Warden Hale, {
owever, was guided by the advice of
he state attorney, who told him to :
roceed with the execution. On the
anne afternoon Governor Budd formal
' announced THAI he would not inter-
ere and declined to see Durrant's Pc
ants
MINNIE WILLIAMS MURDER
Durrant was never tried for the muir
er of Miss Williams, but the evidence
f his guilt was as conclusive as in the t
case. Miss Williams lived in S
lameda and on the afternoon she was
Durrant was seen to meet S
er at the Ferry and board 4 west Il