The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-07
ALL EFFORTS VAIN.
Appeals to Judge and Executive in
California FruitIess.

SAN FRANCISCO, Jan. 6.-Unless
something unforeseen intervenes to pre-
vent 1t, William Henry Theodore Dur
rant, the condemned murderer of
Blanche Lamont, will expiate his crime
upon the gallOWs at San Quentin pris-
on tomorrow morning. This morning
his attorneys were still confident that
they could save MIN from the hang
mans moose, but after Gov. Budd had
announced his refusal to interfere with
the execution, and the news flashed
over the wires from WASHINGTON that
Attorney BOarGman had failed in his
mission to the supreme court of the
United States, they were compelled to
acknowledge themselves nonplussed.
Attorney Deuprey, as a forlorn hope.
resorted to the eXpedient of APPLYING
to the judges of the federal court for a
Dill of exceptions to their ruling deny
Ing his petition for writ of habeas
corpus yesterday After a consulta-
ton, Judges Dehaven and Morrow de-
clded that the allowance of the bill of
exceptions would not act in the nature
OF permission to appeal to the supreme
court, and, after examining the docu-
ments, affixed their signatures to tn.
Dill of exceptions as requested Imme-
diately thereafter Attorney Deuprey Sc
cured from the clerk of the court a
certified copy of said bill of exceptions
and called upon United States Marshal
baldwin to serve it and q notice of an
peal upon Warden Hale at San Ouen-
tin. 1t was claimed by Attorney Deu-
prey that this notice acted as a stay of
proceedings, and that the federal
judges having signed this bill of ex-
ceptions, nothing could prevent him
from perfecting his appeal thereon.
Marshal Baldwin at first demurred to
being pressed into service, but, acting
upon the advice of the United States
attorney, he accompanied ATTORNEY
Deuprey to San Quentin and served
the documents upon Warden Hale.
That official at once referred the mat
ter to the state attorney general who
advised him that the acceptance of
service of such documents as had been
submitted to him did not act as a stay
of execution, and that there was no
leGal reason why he should not pro-
coed with the execution
Returning to this city, Attorney Deu-
prey at once repaired to the United
States circuit court in order, if pos
sible. to perfect his appeal, but, acting
under the instructions issued by both
federal judges yesterday in passing
upon the question of Durrant's alleged
right to appeal, the clerk declined to
accept the necessary notice of appeal,
and the attorney was compelled to re-
tire without having gained the point
for which he had been striving all day.
Gov. Budd deferred his decision upon
the appeal for executive clemency,
which had been submitted to him yes
terday evening, until a late hour this
afternoon, in the belief that Durrant's
attorneys would call upon him; but
either they were too busy to do so, or
considered that it was a waste of time
FOR they failed to appear Meantime
Durrants parents announced their In
tention to call upon the governor for
the purpose CT making a final appeal
for their sons life, but the governor
absolutely refused tic see them. and
they then left the city for San Quen-
tin, in order that they might spend
the night With their son and bid him
farewell.
Amcs Lunt. the hangman, visited
Durrant's cell this afternoon fer the
purpose Of taking his measure and de-
telm;niag uron the length of the
drop. The machinery of the gallcws
was tested. end everything found to
work smocthly today. About $50 invi-