The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-01-06
And Durrant's last Chance
Destroyed
ATTORNEYS STILL AT WORK
BUT THE MURDERER GIVES Up
ALL HOPE
His Nerve Forsakes Him Utterly.
Attendants Expect to Carry Him
to the Gallows
Aysociated Press Special wire

SAN FRANCISCO, Jan. b.-Ineooore
Durrant's last hope was shattered this
morning by Judges De Haven and Nor
row, who denied the petition for writ
of habeas corpus presented yesterday
by the murderer's attorneys.
At II o'clock this morning the Circuit
Court room was crowded by persons
anxious to hear the decision of the court
as to Durrant's appeal.
Attorney Deuprey was present at the
opening Of the court, and was accom-
panied by Durrant. senior. AS soon as
Judges De Haven and Morrow assembled
the bench, the former commenced to
read the decision prepared. 1t consisted
Of twelve typewriter pages. After deal
ing with the history of the case, the court
expressed it's views upon the main point
Of the petition-that an appeal was
pending in the United States Supreme
Court from the decision of the Circuit
Court of November 18th last. refusing
writ of habeas corpus to Durrant. In
forceful language, Judge De Haven ex-
pressed his opinion that no such appeal
was pending, in that the petition to file
had been refused and that the claim of
the petitioner that an appeal had been
effected was erroneous.
The decision then dwelt upon the pow
ers conferred upon the Circuit Courts to
grant or refuse petitions of appeal from
decisions refusing writs Of habeas cor
pus.
While the Circuit Court of New York
had asserted that the right of appeal
In such cases was absolute, the United
States Supreme Court had ruled other
wise, and no appeal can be perfected
to the Supreme Court without the con-
sent Of the lower court.
eve find no reason for granting the
relief asked for, and the application for
q writ of habeas corpus Is denied" were
the last words of the decision.
Attorney Deuprey arose at once and
asked the court to allow him to file an
appeal from the decision. as the question
was one which involved the liberties of
every citizen in America.
''Your -honors have differed from the
Judgment Of the United States Supreme
Court as to the right Of appeal" said
Attorney Deuprey, land / ask you to
pause ere you refuse to allow the filing
Of this petition"
"You are in error" said Judge Nor
row. "Ths-court differed from the rul-
ing Of the Circuit Court of the District
Of New York"
IT understand differently" replied Mr..
Deuprey, but I stand corrected, and
again ask your honors for leave to file
the petition Of appeal from the decis-
ion."
'In view of the decision Of Judge De
Haven, the petition" said Judge Nor
row, Twill not be allowed
Mr.. Deuprey-I ask you again, where
there Is such a serious question as the
right Of appeal involved. to pause and
grant permission to file this petition"
Judge Morrow-Petition denied.
Mr. Deuprey-I desire to ask the court
to issue a citation upon Warden Hale
of the State prison, notifying him that
an appeal has been filed from this de-
cision."
Judge Morrow-The court will not
make an order.
Mr.. Deuprey-I desire to furnish the
usual bond on appeal, and ask leave to
present it,
Judge Morrow-Same ruling; petition
to present the bond is denied.
The last move possible for Deuprey to
make had been reached, and gathering
up his papers, the attorney left the court
room.
Although the attorneys for W. H. T.
Durrant, the condemned murderer of
Blanche Lamont, were considerably dis
concerted by the denial of their applica-
ton for awrit Of habeas corpus and per-
mission to appeal therefrom in the
United States circuit court this morn
ing, they have yet two more moves by
means of which they hope to prevent the
execution of their client on Friday next.
These are to appeal to the governor for
a reprieve, and to apply to the United
States supreme court for an appeal
from the circuit court decision denying
the petition for writ of habeas corpus.
Attorney L. P. Boardman, who left here
on Saturday last, is expected to reach
Washington tonight, and will probably
make the latter application tomorrow
morning.
While little reliance is being placed
upon the governor, strong pressure is
being brought to bear upon him on be-
half of the condemned murderer, and no
stone is being left unturned in the effort
to gain executive clemency.
Meantime Warden Hale has already
completed all his arrangements for the
carrying out of the sentence, and so little
faith have Durrants parents in the ef-
forts to save their son that they have
requested Rev. William RAIDER to mount
the scaffold with the condemned man.
They also attempted to make arrange
ments for the funeral of their son after
the execution, but learned to their dis
may that there was decided objection
on the part of the cemetery officials of
this city to permitting Durrants body
to be inferred, on account of the pub
iicity which his case has been given.
ATTORNEYS AT WORK
SAN FRANCISCO, Jan. 5.-The final.
despairing hopes Of w. II. T. Durrant,
his attorneys and his parents, now lie
In two directions. His counsel are not
Of the same opinion in the matter and
the forces are divided. Gen. Dickinson,
on the one side, seems to have lost every
vestige Of confidence in the ability to
9ain relief from the courts, and is put
ting forth all his energies with view to
influence the Governor to commute the
sentence Of the condemned man. At
torney Deuprey, on the contrary, still
Affects to believe that stay of exc
cutioh may be obtained, and keeps ham,
mering away on the subject with every
Form Of attack permissible under the