The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1898-01-07
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This morning his attorneys were still
confident that they could save him
from the hangman's moose, but after
Goernor Budd had announced his re-.
fus'll to Interfere with the execution,
and the news came from Washington
that Attorney Boardman had failed In
his mission to the Supreme Court Of the
United States, they were compelled to
acknowledge themselves nonplusscd.
Attorney Deuprey, as forlorn hope,
resortcd TO the expedient of applying
TO the Judges of the Federal courts for
IL bin OF exceptions to their ruling, de-
nying his petition for e. writ Of habeas
corpus yesterday. After u consultation
Judges De Haven and Morrow decided
that the allowance of the bill of eX-
cceptlons will not act In the nature Of
permission to appeal to the Supreme
Court, and after examining the docu-
ments. affixed their signatures to the
bill of exceptions. as required Imme-
dG1tely thereafter Attorney Deuprey
secured from the clerk OF the court q
certified copy OF the bill of exceptions
and called upon United States Marshal
Baldwin to serve 1t and notice of ap-
peal upon Warden Hale at San Quen-
tin. 1t was claimed by Attorney Due
prey that this notice acted as stay of
proceedings and that the Federal
judges having signed this bill of ex-
ceptions, nothing could prevent him
from perfccting his appeal thereon.
Marshal Baldwin ut first demurred
to being pressed into service, but acting
upon the advice Of the United States
a attorney he accompanied Attorney
Dueprey TO San Quentin and served the
documents upon Warden Hale. That
official at once referred the matter to
the State attorney general who adj
vlscd him that the acceptance of SER
vice OF such documents as had been
submitted to him did not act as q stay
OF proceedings. and that there WAS no
legal reason why he should not proceed
with the execution.
Returning TO tlris city, Attorney Due
prey Mt once repaired TO the United
Statcs Circuit Court, In order. If pos
sible, TO perfect his appeal, but acting
under the Instructions issued by the
Federal Judges yesterday passing upon
the question OF Durrant's alleged right
to appeal the clerk declined to accept
| the necessary notice of appeal and the
attorney was compelled to retire with
| out having gained the point for which
he had been striving all day.
Governor Budd deferred his decision
| upon the appeal for executive clcmency
| which had been submitted to him yes
terday evening, until late hour this
! afternoon, in the belief that Durrant's 8
! torneys would call upon him; but either
| they were 100 husy to do so. or consld-
cred that II was n waste OF time. for
| they failed 10 appear Meantime Dur
rants parents announced their deter
mination to call upon the governor for
the purposce OF making a final appeal
| for their sons life. but the governor
| absolutely refused 10 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 fare
| we'll
Amos Lunt. the hangman, visited
Durrant's cell this afternoon for the
purpose OF taking his measure, and
determining upon the length OF the
drop. The machinery OF the gallows
was tested and everything found to
work smoothly to-day. About $50 in
vitations have been issued by Warden
Hale.