The Portland daily press., 1898-01-07

Washington. January 6.-Counsel for
Durrant, the condemned California nur-
derer, today made an unsucceseful effort
to have Justice Brewer of the Supreme
court interfere and stay the proceedings.
Attorney Boardman arrived here from
California today and made two applica-
tions for interference. Justice Brewer
went over the case in detail with him and
first considered an application Mr.. Board
man made to sign citation upon the
appeal which was sought to be taken
from the Judgment of the Federal circuit
court Of California, denying the issuance
CT a writ of habeas corpus, the object be-
ing to perfect the appeal. This applica-
tion was refused and then Mr.. Boardman
presented an application for a writ of
error from the Judgment of the Supreme
court of California upon the appeal from
the last order Of Judge Bahrs fixing the
date of Durrant's execution, the object
being to secure writ of supercede are
which would act as stay Of proceedings.
In denying the application upon the
habeas corpus proceedings Justice Brewer
said that under the construction by the
court of the constitution, the Federal
courts had no power of limitation upon
the right Of appeal in habeas corpus pro-
ceedings, tho opinion being that such ap-
peals should not be allowed where the
appeal operates to suspend the power of
the state authorities and especially where
the case has already been heard upon
one appeal in d habeas corpus proceed
ing. With reference to the writ of error
hs considered especially the representa-
tion of Mr.. Boardman upon the claim
that as the constitution of California
grants an appeal, such an appeal became
a vested right. The justice considered
this point carefully, but said as he could
not accept the courts judgment on this
point as its final action, be could not
therefore see his way clear to interfere on
this account. Mr.. Boardnan pointed out
that the probable execution of Durrant
tomorrow would have the practical
effect of making the Judgment final SO
far as it should bear upon his fortur es,
but the justice held to his original deter
mination in the matter.
The interview last 40 minutes. After
its conclusion Mr.. Boardman stated that
be was undecided as to whether to make
an application to the full Supreme court
tomorrow for a writ of prohibition,
staying the execution. AS the court does
not convene until noon and the execution
is set for 1890, he was fearful that the
difference in time would not be sufic-
lent to save Durrant, even il he should
be successful in having his motionzgrant-
ed.
San Francisco, January 6.-Gov. Budd
has announced that ne will not Interfere
with the execution of Durrant.
The governor waited at his apartments
this afternoon for Gen. Dickinson, Dur
rants attorney to appear. Dickinson did
not come and the governor expressed his
to allow the law to take
its course. It was stated that Mr.. and
Mrs. Durrant would call on the governor
this afternoon to make last appeal for
their son, but the governor said he would
not receive them.
2 San Quentin Prison, CAL, January 6.
= Durrant passed the day reading his
Bible. praying and FACING his ceil. Chap-
lain brahms administered spiritual con-
ISOLATION this morning, the prisoner join
ing him in prayer.