Arizona republican., 1898-01-07
THEGATES OF DEATH
Swinging Wide Open for Dur
 rant the Murderer
ALL HOPE IS ABANDONED
Every Legal Subterfuge Em-
 ployed Was In Vain
The Governor Who Alone Could say the Hangman'S Hand Refus to Act-The Prisoners Firal Pr~pa- ration.

San Francisco, Ian. 6.-Unless some thing unforeseen intervenes to pre- vent it, William Henry Theodore Dur rant, the condemned murderer of Blanche Lamont, will expiate his crime upon the gallows at Sam Quentin prison tomorrow morning. This morning his attorneys were still con- fdent that they could save him from the hangman's moose, but after Gov ermor Budd had announced his refusal to interfere with the execution, and the news flashed over the wires from Washington that Attorney Boardma1 had failed in his mission to the su- preme court of the United States, they were compelled to acknowledge them selves nonplussed. Attorney Deuprey, as a forlorn hope, resorted to the ex- pedient of applying to the judges of the federal court for a bill of excep- tions to their ruling denying his pe- titioa for writ of habaas corpus yes terday.
 After consultation, Judges DeFIaven and Morrow decided that the allow ance of the bill of exceptions would not act in the nature of a permission to appeal to the supreme court, and after examining the documents, they affixed their signatures to the bill of exceptions as requested.
 Immediately after Attorney Deuprey secured from the clerk of the circuit court a certified copy Of tA said bill of exceptions and called upon United States -Marsba1 Baldwin to serve it and a'uotice of appeal upon Warden Hale at San Quentin. It was claimed by Attorney Deuprey that this notice acted as a stay of proceedings and that the federal judges having signed this bill of exceptions nothing could prevent him from perfecting his ap- peal thereon. Marshal Baldwin at first demurred to being pressed into service. but acting upon the advice of the United States attorney, he accom- panied Attorney Deuprey to San Quentin and served the documents upon Warden Hale.
 Thatoficial at once telegraphed the matter tOSthe state attorney-general, who advised him that the acceptance of such documents as had been submit ted to him did not act as a stay of ex- ecution, and there was no legal reason why he should not proceed with the execution. Attorney Deuprey at once repaired to the United States circuit court in order if possible to perfect his appeal, but acting under instruc- tions issued by both federal judges yesterday in passing upon the question of Durrant's alleged right to appeal, the clerk refused to accept the neces- sary notice of appeal and the attorney was compelled to retire without hav- ing gained the point for which he had been striving all day.
 Governor Budd deferred his decision upon the appeal for executive elem ency which had been submitted to him yesterday, until late hour this after noon that Durrant's attorneys might call upon him, but they failed to ap- pear. Meantime Durrant's parents an- nounced their determination to call upon the governor for the purpose of making final appeal for their sons life, but the governor absolutely re- fused to see them and they left the city for San Quentin, so that they might spend the night with their SOD. and bid him farewell.
 DENIED BY JUSTICE BREWER.
 Washington, Jan G. Attorney Boardman of California Is here in the interET of Theodore Durrant with the hope of securing from Justice Brewer of the supreme court ard in charge of the ninth court, writ of error of su- percedeas, which would act as a stay of proceedings which would delay Dur rant execution. He saw Justice Brewer for few minutes today, but without presenting the question and made an engagement for later hour, when the application was denied.
 PREPARING FOR DEATH.
 San Francisco, Jan. 6.-Warden Hale and Chaplain Drahms who visited him
 
 no signs of breaking down. The chap lain announced this morning that he and Rev. MT. Rader would mount the scaffold with the murderer and give him spiritual comfort to the last. Dur
 rant still tells his guards that if he must die tomorrow he will depart this
 life an innocent man. The prisoner
 went to bed at Il o'clock last night and slept soundly. No particular rest
 1essness was noticed. He awoke at
 and was given breakfast immediate ly. He ak. heartily.
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