The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-08
A REMARKABLE CASE.
Untfring Efforts of the Murderer's At
tOrneys to Save Their Client.

Untfring Efforts of the Murderer's At
torneys to Save Their Client.
The efforts of Durrants attorneys to save
their clients neck form one of the most
remarkable stories in the annals of the
judiciary Every twist and turn known to
the law was evoked to delay the carrying
out of the first courts decree. No techni-
cality was too slender to be ignored. From
the time Durrant was convicted on Nov. l,
1885, till a few minutes before he was hanged
there was no rest in the attempts of the
attorneys to free the slayer of Blanche La
mont and Minnie Williams. Durrant was
tried only for the murder of Miss Lamont,
and even if his counsel had been successful
in releasing him on that charge he would
have been forced to answer for Miss VIII
liams's DEATH
Durrant was first sentenced by Judge
Murphy, before whom he was tried, to be
hanged on Feb. q, 1885, Then began the
fight for delay. Durrant appealed from the
Judgment to the state Supreme Court, but
his appeal was not perfected for many
months. A preliminary proceeding was the
settlement of the bill of exceptions-a very
lengthy document. The defendants attor-
neys first prepared their bill OF exceptions,
the district attorney added amendments
thereto; then followed frequent meetings of
opposing counsel to determine their differ
ences. The document was read by the court
and given to the printers, but 1T was Aug. l,
1896, before the bill of exceptions and the
transcript of testimony reached the Su-
preme Court. The case was then placed on
the Supreme Court calendar, and at Los
Angeles, in the following October, the de-,
fendant's attorneys not appearing, the case
tod tl,a cd
Durrant's attorneys subsequently moved
to set aside the submission, and they were
allowed to file briefs, but were permitted
to make. no oral argument. Attorney Cen
eral Fitzgerald filed brief in reply, Dur
rants attorneys answering 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 3,
1897, and within ten days-i. e., on March
13-Durrant's attorneys filed petition for
a rehearing. The application for rehear
ing was denied by the Supreme Court on
April 2, and the following day a remittitur
was handed down to Department 3 OF the
Superior Court ordering that court to pass
Superior Judge Bahrs of Department 8,
fixed Saturday, April 10, as the day for
passing sentence, and on that date Durrant
was resentenced and ordered to be hanged
at San Quentin State Prison on Friday
June IL. On the afternoon of April 10 Dur
rant was taken from the county jail, where
he had been confined ever since he was
held to answer to the Police Court, and
taken to San Quentin. Every effort was
then made to induce Governor Budd to
grant clemency but without avail. Durrant
was put in the condemned cage and a death
watch placed on him.
On June g. 1897, the attorneys of the con-
demned man applied to the United States
District Court for writ of habeas corpus,
alleging that he had been deprived of lib
erty without due process OF law in VIOLA
ton of the provisions of the fourteenth
amendment TO the Constitution of the
United States. The application was refused
and appeals were taken TO the United States
Circuit Court and then to the Supreme
Court. Attorney General Fitzgerald of Cal
ifornia, held that under Section 766 of the
Revised Statutes this appeal might be held
to act as a stay Of execution, and advised
postponement of the hanging. Accordingly
Governor Budd granted reprieve postpon-
ing the execution to July 3. On that date
no attempt was made to carry out the death
sentence, the case still being before the
court of last resort On Oct II Attorney
General Fitzgerald appeared before the
United States Supreme Court and asked
that the Durrant case be advanced on the
calendar The brief of the'prisoner's attor-
neys made pamphlet of 116 pages and COW
cred every point in the case. On Monday
Nov. S, the supreme Court, IN brief opln-
ion read by Justice Fuller, affirmed the de-
ciSiOn Of the Circuit Court in denying the
writ of habeas corpus.
Attorney General Fitzgerald Immediately
cisco to have Durrant executed at once
without waiting for the mandate of the
court. He was taken before Judge Behrs,
Of the Superior Court. Nov. 10, and resen-
fenced TO be hanged Nov. II. this giving the
prisoner but forty-eight hours to prepare
for death The lawyers hurried to the Cir
cult Court where they tried to secure a
writ which would prevent the carrying out
of the sentence. The hearing was refused,
but they at once brought the matter up be-
fore the Supreme Court of the State and
secured writ of probable cause and an or
der to the warden at San Quentin not TO ex-
ecute the prisoner until notified in the fu-
ture. The Supreme Court then reversed
Judge Bahr's second order, affirmed the
first and directed the Superior Court TO pro-
Ceed with the carrying out Of the judgment
by setting a day for the execution. Accord
ingly. on Dec. Is Judge Bahrs resentenced
Durrant. this time fixing the date Of the
execution for to-day
The next step taken by Durrant's attor-
neys was the filing of an affidavit charging
that Horace Smyth, one Cf the trial jurors,
had admitted basing his verdict on informa-
tion obtained out of court. Smyth appeared
before Judge Slack on Dec. 2S, charged with
contempt of court. He was promptly ac-
quilted, but was Immediately sued by Dur
rants parents for $4,000 damages for SIAN
der for having stated. as alleged, that the
condemned man was moral monster and
had sustained improper relations with his
mother and sister. This case is still pend
ing.
Court another writ of probaill cause based
on the fact that Judge Bahr mad sentenced
Durrant to Gle Wftnin sixty days OF the
time of sentence was denied. on Dec. 81
an appeal for "A writ of suppersedeas was
made 10 the State Supreme Court and was
refused. The federal courts were then vain
iy appealed TO for a writ Of habeas corpus.
On Jan. petition was presented TO Gov
ernor Budd praying for executive interfer-
ence In the case. The petition stated that
Durrant vital witness in the slander
suit brought by his mother against Smyth.
On Jan. Durrants attorneys made an
other application TO the United States Cir
cult Court for writ of habeas corpus. This
was denied. also. permission to appeal TO
the United States Supreme Court. On Jan.
Attorneys Dickinson and Deuprey asked
the United States Circuit Court for leave
to file a bill OF exceptions This request
was granted, and Deuprey, accompanied by
United States Marshal Baldwin, FASTENED
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