The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-07
His Attorneys Rebuffed by the Courts
tempts at Further Delay.
THE GALLOWS In READINESS
FOR THE SLAYER OF BLANCHE La
MONT AND MINNIE WILLIAMS,
Two school Girls. Who Were Lured to
Appeal 10 Supreme Justices.

SAN FRANCISCO Jan. 6.-Unless some
thing unforeseen intervenes to prevent it,
William Henry Theodore Durrant, the con-
demned murderer of Blanche Lamont. will
expiate his crime on the gallows at San
Quentin prison tomorrow morning. This
morning his attorneys were still confident
that they could save him from the hang
mans moose, but after Governor Budd had
announced his refusal to interfere with the
execution and the news flashed over the
wires from Washington that Attorney
Boardman had failed in his mission to the
Supreme Court of the United States they
were compelled to acknowledge themselves
nonplussed.
Attorney Deuprey, as a forlorn hope, re-
sorted to the expedient of applying to the
judges of the federal courts for a bill of
exceptions to their ruling denying his petit
ton for writ of habeas corpus yesterday.
After a consultation Judges De Haven and
Morrow decided that the allowance of a bill
of exceptions would act in the nature of
permission to appeal to the Supreme Court,
and after examining the document affixed
their signatures to the bill of exceptions, as
required. Immediately thereafter Attorney
Deuprey secured from the clerk of the court
certified copy of said bill of exceptions
Baldwin to serve it and notice of appeal
on Warden Hale, at San Quentin. 1t was
claimed by Attorney Deuprey that this no
tice acted as stay of proceedings, and
that the federal judges, having signed this
bill of exceptions, nothing could prevent
him from perfecting his appeal thereon.
Marshal Baldwin at first demurred at being
pressed into service, but acting on the ad-
vice of the United States attorney, he ac-
companied Attorney Deuprey to San Quen-
tin and served the documents on Warden
Hale. That official at once referred the mat
ter to the state attorney general who adj
vised him that the acceptance of service of
such documents as had been submitted to
him did not act a stay of execution, and
that there was legal reason why he
should not proceed with the execution. Re-
turning to this city, Attorney Deuprey went
to the United States Circuit Court in order.
If possible, to perfect his appeal, but, acting
under Instructions issued by both federal
judges yesterday in passing on the ques-
ton of Durrants alleged right to appeal.
the clerk declined to accept the necessary
notice of appeal, and the attorney was COM
PEELED to retire without having gained the
point for which he had been striving all
day
Governor Budd deferred his decision on
the appeal for executive clemency which
had been submitted to him yesterday even
ing, until late hour this afteruoon, in the
belief that Durrants attorneys would call
on him. but, either they were too busy to
do so or considered that it was a waste OF
time for they failed to appear. Meantime,
Durrant's parents announced their deter
nlination to call on the Governor for the
purpose of making a final appeal for their
sons. life, but the Governor absolutely re-
fused to see them, and they then left the
city for San Quentin, in order that they
might spend the night with their son and
bid him farewell.
Amos Lunt, the hangman, visited Dur
rants cell this afternoon for the purpose
of taking his measure and determining on
the length of the drop. The machinery OF
the gallows was tested and everything found
to work smoothly to-day. About $50 invita-
tions have been issued by Warden Hale
The warden promises that no vulgar curiosi-
ty on the part of medical men or anybody
else will be gratified after the body has been
cut down, and also says that the corpse will
be delivered to Durrants parents immedi-
ately after the execution for whatever dis
position they choose to make of it. The
warden has been notified that bogus invita-
tions have been printed and sold in San
Francisco, and every card presented at the
prison gates will be rigidly inspected before
it's owner will be allowed to pass through.
Every visitor will be compelled to leave to-
bacco, firearms and all other forbidden ar
ticles at the gates before he passes through.
Before Durrant is brought into the death
chamber Warden Hale intends to make a
speech to the assembled crowd, demanding
absolute silence and order during the execu-
ton
Durrant has broken down completely.
When visited by friends to-day he controlled
himself and simulated calmness, but, alone
with his guards, he gave way to the most
violent hysterical outbreaks, rolling on the
floor of his cell, screaming and crying. His
nerve seems to have completely forsaken
him and the opinion is expressed by the
prison officials that the condemned man,
whose attitude of entire lf-possession and
cool Indifference ever since his arrest has
been most remarkable, will have to be car
Tied to the gallows.