The record-union., 1898-01-08

OF the Dill OF eXcepIlOllS- sSAy
lengthy document.
The defendants attorneys first pre-
pared their bill OF exceptions; the DIS
trict Attorney added amendments
thereto. then followed frequent meet
ings of opposing counsel to determine
their differences; the document was
read by the court and given TO the
printers. but it was August l, 1880
before the bill of exceptions and the
transcript of testimony reached the
Supreme Court. The case was then
placed on the Supreme Court calendar,
and at Los Angeles. in the following
October the defendants attorneys not
appearing, the case was ordered SUD-
mitted on the papers filed.
Durrant's attorneys subsequently
moved to set aside the submission, and
they were allowed to file briefs, but
were permitted to make no oral argu-
ment Attorney General F'itZerald filed
a brief in reply, Durrant's attorneys
answering the Acknowledgement in an
other brief, and the case was not really
under submission until January, 1871
The Supreme Court affirmed the de-
cision of the Superior Court on March
3, 1897, and within ten days.. e., on
March 13th-Durrant's attorneys filed
a petition for a rehearing. The appll-
cation for a rehearing was denied by
the Supreme Court on April I'd, and the
following day a remittitur was handed
down to Department Three OF the Su-
perior Court ordering that court to
pass final judgment.
Superior Judge Bahrs of Department
Three fixed Saturday, April 10Th, as the
day for passing sentence, and on that
date Durrant was resentenced, and or
dered to be hanged at San Quentin
State Prison on Friday, June 18th. On
the afternoon of April 10th Durrant
was taken from the County Jail, where
he had been confined ever since he was
held to answer to the Police Court, and
taken to San Quentin.
Every effort was then made to induce
Governor Budd to grant clemency, but
without avail
On June Sd attorneys of the con-
demned man applied to the United
States District Court for writ Of ha-
beas corpus, alleging that he had been
deprived of his liberty without due pro-
cess of law, in violation of the four
teenth amendment Of the Constitution
was refused. and an appeal taken to
the United States Supreme Court.
This appeal was held to act as stay
of execution. Accordingly, Governor
Budd granted a reprieve to July 9th
On that date no attempt was made to
carry out sentence, the case still be-
ing before the court of last resort.
On Monday, November Sth, the SUI
to TIT 4 INV
Chief Justice Fuller, affirmed the decis
ion of the District Court In denying
writ of habeas corpus. Attorney Cen
eral Fitzgerald Immediately tele-
graphed from Washington to have Dur
rant executed without waiting for a
mandate of the court The prisoner
was brought before Judge Bahrs of the
Superior Court on November 10th, and
resentenced to be hanged on November
18th
The lawyers hurried to the Circuit
Court, where they tried to secure a writ
which would prevent the carrying out
Of the sentence. They were refused
hearing, but at once brought the mat
ter 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 affirming
the first and directed the Superior
Court to proceed with the carrying out
of the Judgment by setting a day for
the execution. Accordingly, on De-
cember 10Th, Judge Bahrs resentenced
Durrant, this time fixing the date of
the execution for Friday, January Z,
1898.
The next step taken by Durrant's at
torneys was the fling 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 December %, charged with
contempt of court. He was acquitted,
but was Immediately sued by Dur
rants 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 December 31st
an appeal for a writ of supersedeas was
made to the State Supreme Court. but
was refused. The Federal courts were
then vainly appealed to for writ of
habeas corpus.
On January 3D. a petition was pre-
sented to Governor Budd, praying for
executive interference in the case. The
petition stated that Durrant was a vital
witness in the SANDER suit brought by
his mother against Smyth.
On January 9TH Durrant's attorneys
made another application to the United
States Court for a writ of habeas cor
pus. This was denied; also, permits
sion to appeal to the United States SUI
preme Court. On January 9th Attor-
ney Boardman arrived in Washington,
and endeavored to persuade Justice
Brewer of the Supreme Court to grant
permission to appeal. Justice Brewer
declined, and Boardman announced
that he would appeal before the entire
court on Friday and demand to be
heard.
In San Francisco on January 9th At
torneys Dickinson and Deuprey asked
the United States Circuit Court for
leave to file bill of exceptions. This
request was granted, and Deuprey, ac-
companied by a United States Marshal,
fastened to San Quentin to serve notice
on Warden Hale claiming that the de-
cision of the Federal Court acted as a
stay of execution. Warden Hale, how
Attorney-General of the State, who
fnld to- he