The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-01-04
Concerning the Execution
of Durrant
THE MOTHERS LAST GOODBYE
TO BE SAID IN THE CONDEMNED
CHAMBER
Influence Brought to Bear on Governor
Budd to Reprieve the Pris-
oner Once More

SAN QUENTIN, Jan. 3-Warden Hale
has made the following order concerning
the execution Of Durrant:
First-Mrs. Durrant will not be al
lowed to be present at the execution of
her son. No woman will be allowed to be
present at the execution under any cir
cumstances.
Second-The mother Of the condemned
will be permitted to visit him on the
morning of the execution under proper
guard. She will be allowed to take her
farewell of him in such a manner as
may hereafter be decided upon. The
mother must leave the condemned cham
Der before preparations are made Tor
the march to the scaffold.
Third-The father of the condemned
man will be permitted to attend the exc
cution of his son.
Fourth-The usual rules governing the
execution of prisoners at San Quentin
will be observed in the case Of Theodore
Durrant.
Late this afternoon the attorneys for
Durrant visited Governor Budd at the
home of his niece in this city and pre-
scented a petition praying for executive
in the Durrant case. The
petition stated that Durrant was vital
witness in the Islander suit brought by
his mother against Horace Smyth,
juror in the murder trial. who, 1t Is al
legged, strongly reflected on Durrants
family relations. Governor Budd re-
ceived the petition and promised the at
torneys for Durrant that he would read
and carefully consider its contents be-
fore giving his decision. Attorney
Deuprey still threatens to spring SEN
sation in the case.
General Dickinson will tomorrow
make another attempt to obtain writ
of habeas corpus from the United States
circuit court. The application is based
on technicalities.
Durrant has made the following re-
quests concerning his execution:
First-That the rope used to hang him
shall be destroyed Immediately after his
death, so that no person can say he
holds a piece of it as memento.
Second-That none of the spectators
shall be allowed to gaze upon his fea-
lures after he is executed.
Third-That no autopsy shall be held
after death, and that no physician be
allowed to examine his body.
Fourth-That after he is pronounced
dead his remains shall be delivered to
his parents as soon as possible.
NO TIME TO WASTE
SAN FRANCISCO, Jan. 3.-Contrary
to general expectation, the attorneys in
the case of w. H. T. Durrant failed to
appear in the Federal Courts in an eff
tort to save the neck of their client.
This action led to the belief that they
had abandoned all hope of saving Dur
rants neck next Friday. This they
deny, saying they are still
their appeal to the Supreme
Court of the United States, direct for a
re-hearing, and have no time to waste
in appeals to the state and federal
Courts.
Political influence, personal friendship
and an abundance Of legal lore will be
brought to bear upon Governor Budd to
commute or, at least, reprieve Theodore
Durrant. w. W. Foote, General Dick
nson, J. C. Campbell, Eugene Deuprey
and a large number Of others will prob
ably ask the governor to spare the con-
Illclu uutll lilC dppCdl lloW pcuQ-
ng in the supreme court of the state
IAN be finally determined.
1t is understood that great influence
Will be brought to bear upon the chief
executive to have him grant another
ease of life, for the gentlemen men,
Toned boldly assert that Durrant should
rot hang upon the evidence as presented
It his trial.
at is time only we want" say the at
orneys of the condemned man, land JUS
ice will not suffer by few months
onger delay"
General Dickinson was today hunting
or Governor Budd to ask him to set a
ate for the hearing of the appeal for a
of the sentence. The law
er telephoned to Sacramento, but no
dea of the governors whereabouts
ould be obtained there. The search will
re continued, however, and the governor
nay once more be compelled to pass
lpon the man who stands SO close to
cath.
The lawyers are making what is prob
bly, the most remarkable fight in the
riminal annals of the United States.
hey have resorted to every possible
echnicality, only to be temporarily sue
essful and be beaten in the end; but
hey promise other sensational efforts
7ithin the next three days.