The San Francisco call., 1898-01-05
DURRANT'S
 BRAINS IN 1
 DEMAND Scientists Anxious to
 Hold an Autopsy on the Criminal. What Might Be Learned %. From Cranial Meas urem ents. E.. Another Habeas Corpus Peti- ton Taken Under Federal : Court Advisennent. 
  HAS SBOARDMAN GONE EAST Q  Probability That He Will Appear in
 an Appeal to the Supreme Court
Another Habeas Corpus Peti- ton Taken Under Federal
 Court AdVisen1ent.
HAS SBOARDMAN GONE EAST
Probability That He Will Appear in an Appeal to the Supreme
 Court

Judge Morrow and Judge de Haven of the United States Court, sitting in bank, yesterday came to a determina- tion that will act as a sedative on the nerves of the notorious criminal occu- pying the death chamber at San Quen- tin, and give him pause in his mathe- nautical contemplation of the hours that separate him from the grave This was the entertainment of a virtual re- petition of the previous application for a writ of habeas corpus General Dick lnson did not appear, on the ground Of illness. As Boardman just at pres ent represents x, or the unknown Quantity in the latest problems of Dur rants defenders, he was also invisible : Mir. Deuprey. who presented the pe- triton, was accompanied by General .Dickinson's partner. J. K. BonestelI, and the father of the condemned. The court, to the surprise of every one, of- fered no objection to Deuprey's re- quest, merely asking whether the reading of the document would con-
 Sume much time. On receiving a negative reply Judge Morrow instruct ed him to proceed. At the conclusion Of fifteen minutes the contents of the document had been related. MT Deu-
 
 the court that the grounds on which
 this last application for a writ was
 made differed from those on which previous petitions were based.
 The contention raised was that the prisoner should not be disturbed until . the United States Court had passed upon
 an appeal alleged to be pending in con- sequence of the refusal of the clerk to 2 file the papers in a former application. Judge Morrow benignly whispered to : Judge de Haven, and then announced . that the matter would be taken under = dvisement until II o'clock this morn ing.
 :...' The universal expectation is that the - Epetition will be denied. It is thought :Qn the other hand that the court may find 1t necessary to go more deeply into ::tfle matter, a task which would natur- <. :xaEy require more time.
 <: Under the law a denial means an- : other stay of execution under manda-
 tory appeal to the United States Su- :- preme Court. Unless the Circuit Court
 fails either to grant or deny the peti-
 tion. in other words suspends action under advisement until after the exc % cution, it would seem that Durrant
 may secure another lease of life.
 The desperation of Durrants attor- neys in the premises is manifested
 from the attitude they will then be Z placed in before the Supreme Court of
 the land. This process of tricking the
 criminal judgments of the State courts, 2 by invoking the round-the-circle lax
 ness of habeas corpus procedure, will
 put them in the position of the New : York lawyers in the famous Jurigo case, of which they are fully cognizant. Their standing in the Supreme Court is likely to be regarded as that cf :: trihers, which should afford them nU pleasing prospect. The same device :> >instituted in the New York case, with
 precisely the same motive, namely to :" render the authority of the State :: courts imperative, was quashed for all - time in that State by an indignant 9. warning from the higher court that the
 continuance of such practice would be
 punished by disbarment. While flying ,: in the face of this precedent, Durrant' attorneys are acting with all possible :" prudence and evident trepidation. Since Saturday MT. Boardman and his movements have become mysteri- . ously interesting. It was positively as. : serted Monday that he was in evi-
 dence here, notwithstanding the rumor.
 that he had hurried on to Washington :teJ petition the Supreme Court for 2 writ of habeas corpus. Yesterday ht :: cUud not be found and General Dick :>.inson explained that he was absent ir :: the country attending to some law bus F: mess. As he could not be located ore. ; .cisely, and took on more and more the : Character of a mysterious disappear.
 ance," the fullest credence was giver .. finally to the report that he had gon. . to Washington on the mission de scribed. The secrecy of the other at
 torneys in the case is explained h, their fears of the active resistance o = Attorney-General Fitzgerald to theiI e: plans, were they made known.
 .i This tactical silence was suggested =: by General Dickinson yesterday "Wt = will not tell what we are doing" saiC :" he. because we find that people ir =. high places who are paid salaries fol :: attending to other duties go out o, their way to block us."
 =" An attempt to interview Governor :. Budd yesterday proved futile. The Gov " .ernor is confined to his room with rheu : :natisn, to the pains of which is added