Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-01-07
taken imme diateiy to San Francisco by
an undertaken.
LAST DESPERATE EFFORTS OF
ATTORNEYS

aTIOltNEHS.'
Washington, Jan. IL. p. Boardman,
attorney Tor puirant. left the hotel at
an early hour this morning to make the
last desperate effort TO secure stay of
proceedings for the condemned man.
His plan was to see the Individual
members of the Supreme court, In the
hope of securing from one of them his
signature to an order for writ Of
habeas corpus. Failing In this he will
appear before the court at noon and
ask for writ OF habens corpus. or
prohibition. Any action by an indi-
vidual justice would be communicated
to the clerk Of the court. who Issues
formal writ. Up to 1890 the court
officers had received no notice that any
action had been taken, and a strong
Impression prevailed that no step
would be taken until the court assem-
bled at noon.
1890 a. injustice Shiras of the SUI
preme court today refused the appll-
cation of Attorney Boardman for wrts
staying the execution of Theodore
Durrant. Application was made by
Mr.. Boardman at the residence of the
justice before he went to the court
room, and was in the same form as
the application made yesterday to
Justices Brewer and Harlan. Justice
Shlras did not so into his reasons for
the decision. but simply announced
that he could not entertain the appli-
cation. Boardman did not see the
other members OF court but after the
failure with Justice Shiras announced
his intention of making an effort in
the same direction before the full SUI
preme court. He will ask for a writ
of habeas corpus.
Almost Immediately after the mem
bers of the Supreme court took their
seats Attorney Boardman sought to
present a petition for a writ of habeas
corpus. He had not been admitted to
the bar, and to save time presented n
personal petition. Boardman read
the petition at length, consuming half
an hour. The Justices asked many
questions to get at the exact status of
the case. The Justices then retired to
the conference room to consider the
case.
The United States Supreme court at
three minutes past one O'Clock today,
rendered its final decision in the case of
Theodore Durrant refusing to inter-
fere. The matter was before the court
ON an application made by Attorney L..
i. Boardman, for leave to file a petit
tion for writ of habeas corpus in
Durrant's behalf. This application was
only made by Mr.. Boardman as he had
exhausted all other resources in the
shape of individual members of the
court, After seeing Justices Brewer
and Harlan last night, he called upon
Justice Shiras before the converting of
court, but met with the same denial
which he had received at the hands of
the other Justices. He saw Mr. Shiras
his application for an appeal from the
decisions of the California courts in a
brief form.
In announcing the decision of the
court the Chief Justice said:
I'm the matter of application for a
rt.,.tt .,fI al H.. A.. q
Theodore Durrant, the petition to file
an application for a writ is denied up
on the unanimous opinion of the
court"
AT THE PRISON.
San Quentin Prison, Cal, Jan. t.
With eyes riveted on Washington, fig
uratively speaking, the father and
mother of Theodore Durrant spent the
night In little inn outside the prison
walls. while their son made u desperate
effort to so calm his nerves that he
might spend in sleep the most of his
few remaining hours. Hoping against
hope, demanding miracles from the
slight difference in time between WASH
ington and California executing some
phenomenal action on the part of the
justices of the Supreme court of the
United States when they should take
their seats at noon on the day fixed for
the execution of the criminal OF the
century" the unhappy trio spent the
night alternately climbing the heights
of sanguine anticipation and then
plunged in the deepest abysses of de-
spair.
With the consciousness tina 1t would
inded, be the unexpected happening,
which would again cog the wheels Of
retributive justice, tn, prison officials
also anNiously awaited the click OF the
wire from Washington. Every other
avenue of escape and relay finally and
effectually closed, all awaited with
nervous anticipation the final appeal of
Attorney Boardman of counsel for Dur
rant before the Unied States justices
for q writ of prohibition or of habeas
corpus.
The prisoners every breath was fol-
lowed by six watchful eyes never for
a moment withdrawn. The vigilance
of the death watch increased with the
passing of every day and hour. Always
fearful of an attempt at suicide, In the
case of a condemned prisoner, they
have been trebly cautious in their
espionage since Durrant was commit
ted to their keeping. His training in
Il medical college, where his favorite
study was anatomy, had so qualified
him for facility in self dsstructiveness
that his prison guardians were appre-
hensive OF his slightest movement.
Durrant's guards had n precise and
absolute knowledge of how he might
commit suicide. The most Innocent
looking pencil was not allowed to get
near his face lest with his knowledge
Of anatomy he might iab II through
his eye into the brain. The guards We're
ready for poisoned leaves, for every
thing, and when yesterday the number
Of his watchers was increased from
two to three Durrant would indeed
have had difficulty in making the
slightest movement which could not
be promptly stopped.
But Durrant apparently had no
thought OF suicide. He passed his
waking hours in prayer and when
last night the prison physician re-
marked. reassuringly that he would
come to him in the morning prepared
to give him stimulants, his significant
smile and easy measured tone told II
he had not said word that he would
scorn such support or comfort.
KEEPS HIS NERVE WELL.
When asked II he felt at all un-
nerved, Durrant held his arm at length
and triumphantly demonstrated that
X had no tremor. Then with an air
which was impressive. even II grand
Eloquent, he said:
IF / have to die, will die like q
Durrant, that is all, l belong to race
which can meet even death without
SO impressed was the penitentlary
doctor with the attitude of the con-
demned man that he declared:
"Why. that fellow is the man OF the
century. Any one who thinks he is
going to break down Is sadly mis-
who approaches him. II Is hard TO be-
ti.Na that a man with mot mara that q