Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-01-06
ON WITH THE HANGING.
Gov. Budd's Orders to Warden Hale in the
Durant Case.
PRISONERS FATHER GIVES UP ALL HOPE.


San Quentin Prison. Cal, Jan. g.
Theodore Durrant has but few more
hours of life. The barriers that have
so lons kept him from the glbbet have
been swept aside, and the end is near.
After the federal judges had denied
his petition yesterday for n writ of
habeas corpus and had refused to al
low him to take an appeal to the su-
preme tribunal of the land, there was
but one recourse, and that was an ap-
peal to the governor for executive
clemency, and it looks as II Governor
Rudd's action will be adverse to the
condemned man, as he has instructed
Warden Hale to 20 ahead with the
execution on Friday. and to use ex-
tiaordinary care to prevent an attempt
at suicide by the condemned man.
Durrant is breaking down rapidly
enough now. He seems to have put
all hope out of his thoughts. 1t hardly
seems that he will make brave show
on the scaffold or that he will be in
any condition in his last moments
TO carry out his intention of making a
farewell speech.
His father has confessed to Warden
Hale that he has given up all hope
of n stay, and enters into the most
minute details about the hanging in a
pitiable Respondent way. The warden
promises that no vulgar curiosity on
the part of medical men or anybody
else will be gratitied after the body has
been cut down, and says also that the
corpse will be delivered to Durrants
parents Immediately after the execu-
ton for whatever disposition they
choose to make of 1t.
Nearly two hundred invitations have
been issued for the hanging, and 1t Is
thought that 175 people will be present.
The warden has been notified that
bogus invitations have been printed
and sold in san Francisco, and every
card presented at the prison gates will
be rigidly inspected before its owner
is allowed to pass through. Every
visitor will be compelled to leave to-
bacco. firearms and all other forbidden
articles at the gates before he passes
| through. Before Durrant IL brought
into the death chamber Warden Hale
intends to make a speech to the as
sembled crowd, demanding absolute
silence and order during the execution.
NOT TO BE INTERVIEWED.
San Francisco, Jan. Elm speaking
son. one of Durrant's counsel, said:
mo one will have permission to in
| terview the condemned man before he
| is hanged, as l have authority in the
matter and have given strict orders
that no one will see him. If the I'M
| fortunate man must die, believe in
| letting him spend his last hours in
peace, and will not submit to having
him pestered. If any one does permit
him to be seen II will not only be con-
trary to my orders, but will also be
violation of faith and the breaking
of n solemn promise"
Durrant's father has not decided
what disposition he will make of the
body, Owing to the fact that some OF
| the cemetery associations refuse to re-
| ccive 1t on account of the notoriety
that would result, the elder Durrant
threatens to bury the body under the
broad waters of the Pacific ocean.
| Friends are trying to induce the
stricken parents to have the remains
/ cremRted.
Mr. Bonrdman is to see Justice Brew
/ er Immediately after the adjournment
/ of the supreme court for the day. He
I viii present two phases of the case. one
\ applying to the proceedings of the
! California supreme court and the other
/ to the refusal OF the United States
| circuit court to entertain his applics-
| ton for writ of habeas corpus and
| the motion Tor appeal, asking for a
! citation In the latter case.
Should he fail to prevail on Justice
| Brewer to take cognizance of the case.
| Mr.. Boardman Will ask TO be allowed
| to present the matter to the full bench
| of the supreme court tomorrow with
the hope OF favorable action by the en-
| tire court. He counts upon the three
| hours difference in time between Wash
| ington and California to aid MIN in
| getting action If any is taken, in time
| to secure Durrant's life,
| EFFORT UPON JUDGE BREWER.
| Washington.Jan .6.--Attorney Board
man of California is here in the inter-
| est of Theodore Durrant with the hope
securing from Justice Brewer OF the
Supreme Court and in charge of the
ninth circuit. a writ OF error or super
sedeas which would act as n stay of
proceeding which would delay Dur
rants execution. He saw Justice
| Brewer for Il few minutes today, hut
without representing the question.
made an engagement for a later hour.
LATEST.
Justice Brewer has refused both of
Attorney Boardman's applications for
Interference in the Durrant case.