The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-01-05
ON THE MOTION FOR HABEAs
CORPUS
a Similar Process Will Be Applied for
in the United States Supreme
Court


obtaining leave to present and file Pc
tition for writ of habeas corpus on be-
half of w. II. T. Durrant, confined i'll
San Quentin. When the petition had
been heard and Attorney Deuprey had
concluded his argument, Judge Morrow,
in low voice. announced that the mat
ter would be taken under advisement by
the court and that decision would be
rendered at II o'clock tomorrow morn
ing. Not twenty minutes were occupied
by the attorney today in presenting his
petition. Promptly at II o'clock Judges
Morrow and De Haven assembled the
bench, and Judge Morrow proceeded to
call his calendar. He was interrupted
by Attorney Deuprey. who asked per-
mission to present petition to the
court.
''What is it?" queried Judge Morrow. :.
IF your honor please" replied Mr..
Deuprey, ut is an application for writ
Of habeas corpus on behalf of w. H. 4.
Durrant."
'sWiii It take long?" asked the Judge.
"But few minutes" was the reply.
'Then proceed"
The surprise felt by those present was
very apparent when Attorney Deuprey
brought forth long, typewriter docu-
ment, which he at once began to read
IN technical verbiaS. the paper set forth
that w. H. T. Durrant was unlaw.fully
deprived of his liberty and confined in
the State prison at San Quentin, and
that, unless the court operated to stay
execution, the prisoner would be hanged
on Friday next. All the points hereto
fore presented and already well known
to the public were rehearsed, and the
fam iliar arguments in their support ad-
vanced by the attorney. When he had
concluded the decision of the court was
quickly given, and for day more Dur
rant may find slight foundation upon
which to base his hope of life.
The Post this evening says. Attorney
Boardman left this city last Saturday
evening for Washington, d. c., and will
arrive there sometime tomorrow night.
In case the United States circuit court
denies the application for writ Of
habeas corpus and refuses Durrant's att
torneys permission to take an appeal
that would stay the execution, Attorney
Boardman will be advised by telegraph
and will Immediately file in the United
States supreme court an application for
q writ of habeas corpus.
? OF course, If the supreme court listens
to the application and issues the writ,
the execution will be stayed. 1t is be-
lieved that when the issue is squarely
raised, the supreme court will not hold
that an appeal lies from an order deny
ing q writ Of habeas corpus. Boardman's
mission was intended to be profound
secret and It was announced that he
had gone up. into Lassen county on pri-
waite business. 1t was feared that If
the attorney-general learned that Board
man intended to appeal to the United
States supreme court he would find
some way to block him.
THE SCENE REHEARSED
SAN QUENTIN, Jan. 4. - Theodore
Durrant has rehearsed the scene Of his
own death. At his own request, made
absolutely without emotion, he has been
told every incident that will mark the
last minutes of his last hours of life.
From the moment he awakens next
Friday morning until Warden Hale
gives the signal to spring the gallows
trap. Theodore Durrant knows what Is
expected Of him.
A book and several papers on religious
subjects were received at the prison
yesterday for Durrant. They were Of
ferings from woman who now resides
in Toronto. She was resident Of San
Francisco three years ago, and has dis
played an interest in Durrant's affairs
since his arrest for the murder Of
Blanche Lamont. Deputy Warden Ed
gar made thorough inspection Of the
book and papers and then permitted
Durrant to have them.
The authorities suspect that some of
Durrant's legal friends may attempt
some play at the very moment of exc
cution. Durrant may invite five Of the
one hundred and fifty people who will
be- present, but Warden Hale will re-
wise the list, and it is unlikely that any
of his attorneys will be seen beside the
gallows.
The father of Theodore Durrant has
received from Meridian, Tex, docu-
ment which purports to be the original
alleged confession of Joseph e. Blanther
to the murders OF Blanche Lamont and
Minnie Williams. It will be used in
final effort to secure stay Of execution.
! The fact that the federal judges heard
the petition for a writ Of habeas corpus
and took the matter under advisement
made great change today in Durrant's
demeanor. He has renewed his hope OF
lcaping the gallows, and has cast Off
lie dependency that was fast Fastening
IN to collapse. His mother and At
{fney Deuprey visited him today and
formed him Of the court proceedings.
q ley urged him to take a hopeful view.
General Dickinson will have an audi
eIice tomorrow with the governor, and
will appeal to the chief executive to
grant Durrant reprieve, so that he may
be tried on the charge Of numbering
Minnie Williams.
Chief Justice Beatty Of the state su.
preme court had an interview today with
Governor Budd In relation to Durrant's
case. The chief justice dissented from
the decision Of the majority Of the SUI
preme court. affirming the verdict in the
supreme court and the subsequent 1ud1-
naent and order that Durrnnt should Be-