The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-07
Special Circuit Ready to Flash
the News if There Is
Occasion.
Difference in Time.
1t Is the Only Thing Between
the Condemned Man
and Death.

WASHINGTON, Jan. 6.-Mr. Board
man this evening had a conference
with Justice Harlan, and in the morn.
Ing will see such other members OF
the supreme court as he can before
the noon session. Owing to the ur-
gency of the case he will be given in
slant hearing when the court conVenes
at Il o'clock. Allowing for the differ
ence in time, this will give him an
hour and half for telegraphic stay
of proceedings in case of favorable ac-
tion.
Mr.. Boardman will apply either for
writ of prohibition, on the ground that
the Jurisdiction of the United States
supreme court has been usurped by
the lower court, or else for an original
writ of habeas corpus. The first meth
cd would necessitate a motion for his
admission to practice before the su-
preme court, and arrangements will be
made to have this done in the shortest
possible time, If it is needed at all.
But the appeal for a writ of habeas
corpus would not necessitate the ad-
mission formalities, so that it is the
taken. In case Mr.. Boardman can Sc
cure the signature of a single justice
out of the eight to his petition, this
will act as a summary stop of proceed
ings, and the case will then come up
for argument on it's merits Owing to
the very scant time at the attorneys
disposal arrangements have been
made with the Postal Telegraph COM
pany to have a through wire to San
Francisco ready at noon, so that no
time will be lost in forwarding the
message.
AS to the legality Of a telegraphio
stay of execution, one of the justices
Of the supreme court said tonight: ut
is a matter that, so far as l know, has
never been legally tested, but in case
Of a telegraphic stay being sent, prop
erly attested by the clerk of the court,
l should think 1t would be most UNI
likely that the warden in charge of
the execution would disregard It, In
case of such disregard the court might
very properly take cogniZance of the
matter afterward, but in this case it
would be too late to benefit the pris-
oner. Owing to the peculiar urgency
of this case, 1 should say that every
facility will be given the attorney Of
ing, whatever the action Of the court
may be-"
SAN QUENTIN PRISON, Cal, Jan.
6.-At the request of Theodore Dur
rant, an Associated Press staff corre-
spondent was brought tonight to the
cage-lilIe structure, surrounded by a
close wire netting, in which the con
demned man is confined. His mother
IN one side cOnUerSino with hpr
son in whispers. Durrant looked well,
but his eyes were red from weeping
and his lips were parched. The failure
today of the various moves in his be-
half was referred to.
ut was a great surprise but I am
prepared for it," replied Durrant.
How do you feel?'
Hopeful, buoyant ard ready to meet
my Maker answered the condemned
man. Il know the Lord is with me.
No one knows what faith is until tried.
[ am going to a judge who has never
committed a wrong and who cannot.
My faith has been so strong that 1
have been kept up, and will be sus-
tanned to the end"
Then, turning to his mother, he
said: Mother, I have come to the
conclusion that 1t needs trial to know
God. And you may say that to the
world" he added.
A sudden thought seemed to strike
Durrant, for he added in a voice diff
ferent from the earnest, religious ac-
cents of his previous remarks: Il
have had offers of remuneration for a
talk with me from the East. I have
had three or four kilograms"
"All of his words are CT great value"
interrupted his mother.
No offer Of compensation having been
made, Durrant was promptly cautioned
to talk no more. He was willing TO
comply, but his mother being called
away for a moment, he resumed in his
former strain.
II will make no reference to the past
all will be made clear, if not in this
world, then in the next. l feel that /
am perfect in Christ"
What will you say at the last?' he
was asked This is a rather difficult
question, but the answer was quick and
in a firmer voice than he had been
using.
II shall only proclaim my innocence
loudly, strenuously," answered Dur
rant. MAKE this as strong as you
please. l will not falter at the end.
will die bravely, knowing L am going
to a better world. 1 thank God my
hands are clean, not stained with blood,
but the fair name of California will
stand stained with a crime that can