The record-union., 1898-01-06
His Petition for a Writ of Habeas
Corpus Denied.
The Federal Court Also Refuses to Allow
the Filing of an Appeal.
Governor Budd Appealed to to
Grant a Respite, That Durrant
May be Tried on the Minnie
williams Charge-A Decision in
the Matter Promised To-Day.

SAN FRANCISCO, Jan. 5.-Theodore
Durrants last hope was shattered this
morning by Judges De Haven and Nor
row, who denied the petition for writ
of habeas corpus presented yesterday
10y the murderer's attorney.
At II 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 court ana
was accompanied by Durrant, Sr.
AS soon as Judges De Haven and
Morrow ascended the bench, the form
er commenced to read the decision pre-
pared. 1t consisted of twelve type
written pages. After dealing with a
history of the case, the court expressed
its 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 NO
vember 11th last refusing writ or
habeas corpus to Durrant.
In forceful language Judge De Haven
expressed his opinion that no such ap-
peal was pending m that the petition 10
fiIe an appeal had been refused, ana
that the claim of the petitioner that an
appeal had been effected was erroneous
The dec sion then dwelt upon the pow
ers conferred upon the Circuit Courts 10
grant or refuse petitions of appeal from
decisions refusing Writs Of habeas cor
pus.
While the Circuit Court for the Dis
trict of New York had held that the
right of appeals in such instances was
absolute the United States Supreme
Court had ruled otherwise, and no ap-
peal can be perfected to the Supreme
Court without consent Of the lower
court
1--WE find no reason for granting the
relief asked for, and the application 1or
"a 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 Tile an
appeal from the decision, as the ques-
ton was one which involved the iiber-
Ties of every citizen in America.
Your honors have differed from the
Judgment of the United States Supreme
Court as to the right of absolute ap-
neal" said Attorney Deuprey, "and l
ask you TO pause ere you refuse to al
low the filing of this petition"
You are in error said Judge Nor
row. "The court differed from the rul-
ing Of the Circuit Court of the District
of New York"
81 understand differently replied
Deuprey. "but I stand corrected, and
again ask your honors for leave to hle
the petition of appeal from the decls-
ION"
In view OF the decision Of Judge De
Haven. the petition said Judge Nor
row, will 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 petltlon.
Judge Morrow-Petition denied.
Mr.. Deuprey-I desire to ask the court
10 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
10 present the bond is denied.
The last move possible for Deuprey to
make had been reached, and, gathering
I'M his papers. the attorney left the
court room.
The final. despairing hopes of w. H.
vr Durrant his attorneys ana ms par
enfs now lie in two directions. his
counsel are not of the same opinion in
the matter. and the forces are divided.
General Dickinson, on the one side
eeeus 10 have lost every vestfge or con-
fdence in the ability to gain relief from
the courts. and is putting forth all ms
energies With the view of influencing
4be Governor to commute the sentence
Of the condemned man. Attorney
neuprev. on the contrary, stll a1ects
70 believe that a stay Of execution may
ha obtained. and keeps hammering
a,vav on the subject with every form
of attack permissible under the law.
Ae FAR as can be ascertained, the at
4ornavs' principal and indeed only nope
IS that the Supreme Court OF the oht-
cd states will consider the application
for a writ of haheas corpus TO be pre-
scented bv Attorney Boardman
Though Judges Morrow and De Ha-
ven refused to grant the writ ana even
refused to permit the taking OF an ap-
peal to the higher court, nevertheiess
Durrant will be represented IN ASH
ington. and an effort viii be mace 70
persuade some or the supreme
TO consider the petition. Should Dur
rants attorneys be successful TO TINS
extent. they contend that the execution
will of necessity be postponed as the
appeal will act in the nature OF stay
of execution.
Just now the attorneys for Durraht
are resting on their oars. awaiting the
action of the United States supreme
Court. Should no succor come from
that qnarter. then the only power be-
tween Dufrant and the hangman VIII
be the Governor upon whom very
strong influence is being brought 10
bear.
While little reliance is being placed
1pon 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
connleted all his arrangements for the
carrving out of the sentence, and so
,ittle faith have Durrant's parents in
,he efforts to save their son. that they
aave requested the Rev. VIM. RAIDER 10