The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-01-06


hope Is that the Supreme Court OF thu
United States will consider the applica
ton for q writ of habeas corpus, to b
presented by Attorney Boardman
Though Judges Morrow and De Haver
fused to permit the taking of an ap.
peal to the higher court, nevertheless;
Durrant will be represented In Wash
ington, and an effort will be made to
persuade some of the Supreme Justices
to consider the petition. Should Dur
rants attorneys be successful, the exc
cution will of necessity be postponed
as the appeal will act in the nature OF
a stay Of execution.
Just now the attorneys for Durrant
are resting on their oars, awaiting the
action of the United States Supreme
Court. Should no success come from
that quarter, then the. only power be-
tween Durrant and the hangman will
be the Governor, upon whom very
strong influence is being brought to
bear.
Governor Budd was visited this after
noon by John H. Dickinson, w. W..
Foote, ex-Judge A. A. Sanderson and
Louis Hoefler, who argued with him for
two hours in behalf Of Theodore Dur
rant. They did not ask for commute
ton of sentence, but pleaded for re-
prieve that he might be tried on the
Minnie Williams charge. Much stress
was laid upon the Smythe matter. Es-
pecial emphasis was given to the al
legged unfairness of Durrant's trial. The
governor took the matter under advise
ment and said he would decide the mat
ter tomorrow. When seen tonight the
governor refused to be interviewed as
to what his decision would be. He said,
however, that something positive would
have to be adduced to induce him to
change his mind, as he had already dog
cared the evidence in the case with care
full perusal. He takes little stock In the
Smythe affair. He condemns Snlythe
for his actions and words and he disap-
proves Of the elder Durrants course in
opening up the matter and making 1t
public when it could do no possible good.
If such admissions as Smythe's were to
be made the basis of reprieve or COM
mutation the governor thinks 1t would
put the key to the penitentiary in the
hands Of every man sentenced for life
term. Almost any laxative juror could
bring about that result.
ABANDONS HOPE
SAN QUENTIN PRISON, CAL, Jam.
5.-Thodore Durrant has entirely given
up hope and so has his father, who came
over this evening with the news that the
United States district and circuit courts
were closed to all further appeals or ap-
plications for writs delaying the exc
D4%1 to- 1,o@ kl,n
younger Durrant will be hanged on Fri
day. When told that Governor Budd
had taken under advisement the applis
cation this afternoon by his attorneys
for a reprieve, Theodore Durrant sor-
rowfully remarked that he had little
hope from the governor.
The elder Durrant has finally decided
not to be present at the hanging. He so
notified the warden tonight, making
number of requests, which Warden Hale
granted. The father of the condemned
murderer asked that after the execu-
ton the remains of his son be placed at
once in the coffin without autopsy or in
quest, and that the black cap be not re-
so that no one would be permit
ted to see his boys face after death. He
also asked that the rope be burned after
the execution so that it could not be
cut up and bits distributed as souvenirs.
The condemned man received spiritual
consolation today from Rev. VIM RAIDER,
a Congregational minister from San
Francisco. Captain brahms also called
and Rev. Father Lagan Of San Rafael,
who has frequently visited Durrant,
said farewell today.
DURRANT BREAKS DOWN
SAN FRANCISCO, Jan. ga special
to the Call from San Quentin prison
says that Theodore Durrant has broken
down completely.
When visited by his parents or other
friends he controls himself and simu-
lates calmness but when alone with his
guards he gives way to the most violent
hysterical outbreaks, rolling upon the
floor Of his cell, screaming and crying.
His nerve seems to have completely for
saken him and the opinion is expressed
by the prison officials that the con-
demned man, whose attitude of entire
f-possession and cool indifference,
ever since his arrest has been so re-
markable, will have to be carried to the
gallows.
SAN FRANCISCO, Jan. 5.-Scientific
men who are interested in the patho-
logical features of Durrant's case are
grievously disappointed at the prospect
that no autopsy will be allowed on the
remains. DIR. John w. Robertson, the
celebrated chemist, has received a COM
mission from the American Journal of
Insanity to prepare an elaborate trea-
tise on the case. He is firmly impressed
with the extraordinary character of
Durrant as study in psychopathy, and
regrets that post-mortem examination
Of the head of the condemned man can
not be made. The fact that Durrant,
who is we'll advanced as medical stu
dent, should have made positive re-
quest that no examination be made of
his face and head after death, is COM
mented on as significant.
1t seems that no measurements of
Durrant's head have been made.