New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-01-07
DURRANT TO BE HANGED TO-DAY.
GOVERNOR BUDD AND JUSTICE BREWER REFUSE
TO INTERFERE

San Francisco Jan. Ex-Governor Budd announced
TODAY that he would not interfere with the exc
cution of Durrant He waited at his apartments
this afternoon for General Dickinson. Durrants
attorney TO appear Dickinson did rot come and
the Governor expressed his determination to allow
the law to take its course. II was stated that MT
md Mrs Durrant would call on the Governor this
afternoon to make q last appeal for their son, but
the Governor said that he would not receive them
San Quentin Prison. Cal. Jan. 6-Durrant Is hreai-
ing down RAPIDLY II hardly seems that he Will
make brave show the scafold tomorrow. or
that he viii be in condition to carry out his inten-
ton OF making a farewell speech. His father has
confessed 10 Warden Hale that he has given up all
hone OF stay Tho Warden promises that no
vulgar curiosity on the part OF medical men or any
body else will be gratiied after the body has been
cut down. and also says that the corpse will be de-
livered TO Durrsnts parents Immediately after the
execution for whatever disposition they choose to
make of II. Nearly two hundred invitations have
been issued for the hanging. and It Is expected that
fuIlv one hundred and seventy-hve people will be
present
Washington. Jan. 6-Counsel for Durrant the
condemned California murderer. to-day made an
unsuccessful effort to have Justice Brewer. or the
Supreme Court. interfere and stay the proceedings.
Mr. Boardman arrived here from California to-
dav and made two applications for interference.
Justice Brewer went over the case In detail with
him first considering an application for his sigma
ture to citation upon the appeal which was sought
~ be taken from the judgment OF the Federal Cir
cult Court OF California denying the issuance OF n
writ OF habeas corpus the object being 10 perfect
the appeal The application 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 Bahr, fixing the date for Durrants exc
cuton, the object being TO secure witt OF super
sedeas which would act a. stay OF proceedings.
In denying the application on the habeas corpus
proceedings Justice Brewer said that. under the
construction by tho Court Of the Constitution, the
Federal courts had no power OF limitation on the
right Of appeal in habeas corpus proceedings, the
opinion being that such appeals should not be al
lowed where the appeal operates TO suspend the
power OF the State authorities. and especially
where the cas- has already been heard on one APP
peal in a habeas corpus proceeding. win rcter-
cnce TO the writ OF error he considered especially
that as the Constitution of California grants an
appeal such an appeal becomes a vested right.
The Justice considered this point carefully. but
could not his way clear TO Interfere. MT.
Roardman pointed out that the probable execution
of Durrant tomorrow would have the practical
should bear upon his fortunes but the Justice held
10 his original determination.
Tho interview lasted forty minutes After II
MI Boardmnn said that he was Undecided az 10
whether 10 make an application to the full supreme
Couri 10 morrow for d writ OF prohibition staying
the execution. As the court does not convene until
noon and tho execution Is set for 1890 he was
fearful that the difference In time would not he
sufficient to save Durrant even IL he should DO
successful in having his motion granted