The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-01-08

down. Up the winding stairs the po-
licemen grouped their way, and at the
third landing, lying in the corner OF the
darkened belfrey, the naked body OF the
murdered girl was found. No knife had
been used to commit the crime, as was
the case in the murder of Miss VIII
liams, but the imprint of FIVE fingers
buried in her throat revealed the man
ner in which the young woman had met
her death.
The post-mortem examination showed
that murder was not the only crime
that had been committed. The news of
the discovery of the second body in the
church had spread with incredible We
locity, and at O'Clock. when Durrant,
in custody of the officers, alighted from
ferry boat at the foot of Market street.
in this city, he was met by dense crowd
that was ominous because of its silence.
The police were prepared for an out.
break, however, and two companies OF
armed men were present. Durrant was
placed in q closed carriage. surrounded
by fifty men armed with Winchesters,
and driven to the city prison. Durrant
then protested his innocence, as he did
to the hour of his death, but the evil
dence against him accumulated rapidly,
and on April 21st an information was
filed against him by District Attorney
Barnes, charging him with the murder
of Blanche Lamont.
The trial, which began on July 22d
and lasted until November 1st was one
of the most celebrated in criminal Juris-
prudence. Nearly 1900 talesmen were
examined before jury was secured,
and six weeks passed before the taking
of testimony was begun. The evidence
throughout was ciroumstantial, but
when taken together formed a chain
so strong as to admit of no reasonable
| doubt. The prosecution produced wit
nesses who traced Durrant's movements
on April Sd from the time he left Cooper
Medical College until he entered the
church with Miss Lamont. To all this
testimony the prisoner entered denial.
and in rebuttal produced the roll-call
| of the college, which showed that he
was attending lecture at the hour
when Miss Lamont was murdered.
The prosecution disputed the relia-
bility of the roll call, and showed that
students were accustomed TO have
classmates answer for them when they
were not present. AS the case became
more hopeless Durrant went on the
stand himself, and, although he main
tanned a remarkable Composure through
out his testimony, on q number of i'm
portant points, was palpably false. The
case was submitted to the jury on the
afternoon of November !, 1885, after hav-
ing been on trial over three months.
Twenty minutes after they left the
court room the Jurors returned and rem
dered a verdict of guilty in the first de-
gree. The California law gives the jury
power to fix the punishment of the
criminal, but as no recommendation of
mercy was made, Judge Murphy. few
days later, sentenced Durrant to be
hanged on February 81, 1895.
Then began a fight for delay, vigor-
ously maintained for almost twenty
months, not even ceasing with the exc
cution of the death sentence. Durrant
appealed from the judgment to the Su-
preme Court, but his appeal was not
perfected for many months. prelim-
mary proceeding was the settlement of
the bill of exceptions-a very lengthy
document.
The defendants attorneys first pre-
pared their bill of exception; the Dis
trict Attorney added amendments there
to- then followed frequent meetings of
opposing counsel 10 determine their diff
ferences; the document was read by the
court and given to the printers, but 1t
was August l, 1896, before the bill of ex-
ceptions and the transcript of testimony
reached the Supreme Court. The case
was then placed on the Supreme Court
calendar, and at Los Angeles, in the fol-
| lowing October, the defendants attor-
neys not appearing, the case was or
dered submitted on the papers filed.
DurrantS attorneys subsequently
moved to set aside the submission, and
they were allowed to file briefs, but
were permitted to make no oral argu-
ment. Attorney-GeneralF Fitzgerald filed
brief in reply, Durrant's attorneys an
swerng the Attorney General in another
brief, and the case was not really under
submission until January, 1897.
The supreme Court affirmed the de-
cision of the Superior Court on March
3d. 1897, and within ten days-i. e., on
March 13th-Durrant's attorneys filed a
petition for rehearing. The application
for a rehearing was denied by the SUI
preme Court on April I'd, and the follow
ing day a remttitur was handed down
to Department Three of the Superior
Court ordering that court to pasd final
Judgment.
Superior Judge Bahrs of Department
Three fixed Saturday April 10th, as the
day for passing sentence, and on thai
date Durrant was resentenced, and or
dered to be hanged at San Quentin
State Prison on Friday, June 18th. Or
the afternoon of April 10th Durrant was
taken from the County Jail, where he
had been confined ever since he was held
to answer to the Police Court, and taker
to San Quentin.
RECENT EFFORTS
Every effort was then made to induce
Governor Budd to grant clemency, but
without avail. On June Sd the attor-
lneys of the condemned man applied tC
the United States District Court for q
writ of habeas corpus, alleging that he
had been deprived of liberty without due
process of law, in violation of the four
teenth amendment of the Constitution
of the United States. The application
was refused and an appeal taken to the
United States Supreme Court. This ap'
peal was held to act as stay of eXecu'
ton. Accordingly Governor BudC
granted reprieve to July 9Th. On thai
date no attempt was made to carry out
the sentence the case still being before
the court of last resort. On Monday, No
: vember Sth, the Supreme Court, in 6
brief opinion read by Chief Justice Full