The Wichita daily eagle., 1898-01-08

lore the supreme court or the state an,
secured writ of probable cause and al
order on the warden at San Quentin no
to execute the prisoher until notified i,
the future.
The supreme court then reversed Judg,
Bahr's second order. affirmed the first
and directed the superior court to pro
ceed with the carrying out OF the judg
ment by setting day for the execution
Accordingly. on December 18th, Judge
fixing the date OF the execution for Fri
fixing thed ate OF the execution for Fri.
cay. January :, 1885
The next step taken by Durrant's at
torneys was the filing of an affidavit
charging that Horace Smyth. one Of the
trial jurors. had admitted basing his YER
dict on information obtained out of court.
Sny:h appeared before Judge Stack on
December 2Sth. charged with contempt OF
court He was promptly acquitted. but
vas Immediately sued by Durrant's par
ents for $4,000 damage for slander, for
having stated, as alleged. that the con-
denlned man was moral monster and
had sustained improper relations with his
mother and sister. This case is still peuG-
ing.
Al. attempt tc secure from the supreme
| court aaother writ rf probable cause,
based on the fact that Judge Bahrs had
| sentenced Iunsn. TO die within sixty
| day CT the t'ne CT the sentence. was de-
| nIc.i. On I'eoCnter s1st. an appeal for a
writ of sIpersedeas wss made 70 the
state supreme court and was refused
II r.
realed to for writ of habeas corpus. On
January 3rd a petition was presented 10
Governor Budd. praying for executive in
reference in the case. The petition stat
cd that Durrant was a vital witness in
the slander suit brought by his mother
against Smyth.
THE LAST RESOURSE FAILS.
On January 5th. Durrant's attorneys
made another application to the United
States circuit court for writ OF habeas
corpus This was denied, as was also per-
mission to appeal to the United States
supreme court. On January 9Th Attorney
Roardman arrived in Washington and en-
deavored to persuade Justice Brewer Of
the supreme court to grant permission TO
appeal Justice Brewer declined, and
Boardman announced that he would ap-
pear before the entire court on Friday
and demand to be heard.
In San Francisco on January 9Th. Attor-
neys Dickinson and Duprey asked the
United States circuit court for leave TO
file bill of exceptions. This request was
granted. and Duprey, accompanied by
United States Marshal Baldwin. Hasten
ed to San Quentin to serve notice on War
den Hale. claiming that he decision of the
federal court acted as a stay ofexecu-
ton. Warden Hale. however. was guild
ed by the advice of the attorney general
of the state. who told him TO proceed
with the execution. On the same after
noon Governor Budd formally announced
that he would not interfere and declined
to see Durrant's parents
TRIED FOR But ONE CRIME.
Durrant was never tried for the murder
of Miss Williams. but the evidence Of his
guilt was as conclusive as in the Lamont
case. Miss williams lived in Alameda.
and on the afternoon that she was mur-
dered Durrant was seen to meet her at
the ferry and board a west bound car
she came TO this city for the purpose of !
an entertainment to be given |
by the church in the evening, and il is
supposed that when Durrant met her he |
made an appointment before going 10 the /
entertainment. AT any rate, Miss Will !
liams went to the home of a friend in 4
this city. and at 7:30 o'clock started for /
the entertainment. Half an hour later 1
uel Baptist church talking to Durrant. /
She was never see again alive. At $3.50 /
that night Durrant arrived at the resi- \
dence of Mrs. Vogel, where the entertain !
ment was being given, with flushed face. /
and in highly nervous condition. He 4
asked to be shown to a tillette room in
order that he might wash his hands. and
later asked that the person who directed
him should say nothing about the Incl
dent. When he was arrested at Mt Dia-
bio. Miss Williams purse was found i'm
his overcoat pocket Durrant said he
found the purse on the sidewalk while
going home from the entertainment He
vas seen in the vicinity OF the church al
2 O'Clock that night. and II is supposed
hat he went back 10 the library where
lie had strangled Miss Williams. and find
ng her breathing feebly. cut her wrists
md forced part Of her clothing down her
hroat. The theory OF the prosecution
las always been that Durrant murdered
Hiss Williams to conceal the murder Of
Hiss Lamont. The two young women
we're acquaintances. and Durrant sus-
'ected that Miss Williams believed he
new something about the disappearance
I Miss Lamont.