Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-01-07

chain 90 strong as 10 AUNT VI ~
reasonable doubt.
The rnsc WINS submitted to the jury
November /, 1886, after having been
on trial over three months. Twenty
minutes after they left the court room
the jury returned q verdict OF guiity
In the first degree, and Judge Murph!
sentenced Durrant to be hanged on
February n. 1886.
Then began a fight for delay. vgor-
ously maintained FOR over Two years.
Duriant appealed from the Judgment
60 the supreme court, but mis- appear
was not perfected Cor many months.
The supreme court affirmed the de-
cisinn of the superior court ON MArvh
3. 1897, and on March - Durrants at
torneys filed a petition for re-hear-
ing. The application Tor re-hearins
was denied by the supreme court on
April 9 Superior Judge Bahrs on
April 10 re-sontenced Durrant and Or
dered him to be hanged at san quentin
prison on Friday, June II.
Every effort was then made to induce
Gov. Budd TO grant ciemency, but with
out avail. ON June 3 attorneys OF the
condemned man applied to the United
States district court for writ OF ha-
beas corpus alleging that he had been
deprived OF his nbrltv without due
process OF law. in violation of the four
tenth amendment OF the Constitution
OF the United States. The application
was refused and an appeal taken
to the United States Supreme Court.
This appeal was held to act as stay
of execution. ACCORDINGLY Gov, BrdN
grated a reprieve to July .. On that
date no attempt was made to carry out
the sentence. the case still being before
the court of last resort. on Nov. the
supreme court, ina brief oplrion read
by Chief Justice Fuller affirmed the
decision of the district court in deny
ing n writ of habeas corpus. Attorney
Gen Fitzgerald Immediately tele-
graphed from Washington to-have Dur
rant executed without awaiting the
mandate OF the court. The prisoner was
brought before Judge Bahrs OF the
superior court on Nov. 10 and resen-
fenced to be hanged on Nov. IL. The
lawyers hurried to the circuit court
where they tried to secure Il writ which
would prevent the carrying out of the
sentence. They were refused "A hearing
but brought the matter up before the
supreme court of the state and secured
a writ Of probable cause and an order
to the warden at San Quentin not to
execute the prisoner until notified in
the future.
The supreme court then reversed
Judge Bahrs' second order. affirmed
the first and directed the superior court
to proceed with the carrying out of the
Judgment by setting n day for the exc
Bahrs resentenced Durrant, this time
fixing the date of the execution for FRI
day. Jan. I, 1898.
The next step taken by Durrant's at
torneys was the filing OF an affidavit.
charging that Horace Smyth. one of
the trial Jurors had admitted basing
his verdict on information obtained out
of court. Smyth appeared before Judge
Slack on Dec. rs, charged with con
tempt of court. He was promptly ac-
quilted but was Immediately sued by
Durrant's parents for $4,000 damages
for SANDER for having stated. as
alleged, that the condemned man was
a moral monster and had sustained
improper relations with his mother and
sister. This case is still pending.
An attempt to secure from the SUI
preme court another writ of probable
cause based on the fact that Judge
Bahrs had sentenced Durrant to die
within sixty days Of the time of SEN
tence, was denied. On Dec. u an ap-
peal for a writ of supersedeas was
made to the state supreme court but
was refused. The federal courts were
then vainly appealed to for a writ of
habeas corpus. on Jan. a petition was
presented to Gov. Budd, praying for
executive interference In the case. The
petition stated that Durrant was
vital witness In the Islander suit
brought by his mother against Smyth.
On Jan. Durrants attorneys made
another application to the United
States circuit court for writ of ha-
beas corpus This was denied: also
permission to appeal to the United
states Supreme Court. On Jan. At
torney Boardman arrived in Washing
ton and endeavored to persuade JUS
tice Brewer of the Supreme Court to
grant permission 10 appeal Justice
Brewer declined, and Boardman an
nounced that he would appear before
the entire court on Friday and demand
20 be heard
In San Francisco on Jan. 9 Attorneys
Dickinson and Deuprey asked the Unit
ed States circuit court for leave to file
a bill of exceptions. This request was
granted and Deuprey, accompanied by
United States Marshal Baldwin, has
tened to San Quentin to serve notice
on Warden Hale claiming that the de-
cison of the federal court acted as a
stay of execution. Warden Hale, how
ever, was guided by the advice of the
state. who told him to proceed with
the execution. On the same afternoon
Gov. Budd formally announced that he
would not interfere and declined to see
Durrant's parents.
On Jan. final appeal was made to
the U. S. Supreme Court and G.-lfed.
Durrant was never tried for the MUIR
der of Miss Williams, but the evidence
of his guilt was as conclusive as in
the Lamont case. Miss Williams lived
in Alameda and on the afternoon she
was murdered Durrant was seen to
meet her at the ferry and hoard
westbound car. Miss Williams went
to the home OF a friend in this city
and at 1880 o'clock started for a church
entertainment. Half an hour later she
was seen standing in front of Emanuel
Bantist church talking to Durrant.
She was never seen again alive. At
$3.50 that night Durrant arrived at the
residence of Mrs. Vogel. where the en-
tertainment was being given. with
flushed face and in highly nervous
condition. He begged to be shown to
n toilet room In order that he might
wash his hands and later asked the
person who directed him to say
nothing about the incident.
The theory of the prosecution has al
ways been TINT Durrant murdered
Miss Williams to conceal the murder OF
Miss Lamont. The two Young women
We're acnuaintnnces mud Durrant sus-
nerted that Miss williams believed he
knew something apout the disappear
ance of Miss Lamont.
Heir to Three Million.
Detroit Mich, Jon. IA special to
the News from Miles. Mich, says:
Mrs. slSnty Emmon of vandelia