The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-01-08

against him by District Attorney Barnes,
charging him with the murder of Blanche
Lamont.
"Guflty" on Circumstantiai Evidence.
The trial, which began on July % and
lasted until November !. was one OF the
most celebrated IN criminal Jurisprudence.
Nearly 300 talesfnea We're examined be-
fore jury was secured. and six weeks
passed before the taking OF testimony was
begun. The evidence throughout was cir
cumstantiai. but when taken together
formed a chain 50 strong as TO admit OF no
rea sofable doubt a. The prosecution pro-
duced witnesses who traced Durrants
movements on AprfIT from the time he
left Cooper Medical college until he enter
ed the church with Miss Lamont. TO all
of this testimony the prisoner entered a de-
NAL. and in rebuttal produced the roli-cail
Of the college which showed that he was
attending a lecture at the hour when Miss
Lamont was murdered.
The prosecution disputed the reliability
OF the roll-cali. and showed that students
were accustomed TO have classmates an
swer for them when they were not present.
AS the case became more hopeless Durrant
went on the stand himself. and although
he maintained a remarkable compo3ure
throughout, his testimony, on a number of
important points was paipabiy false. Tho
case was submitted 10 the jury on the aft
ernoon OF November I, 1895 after having
been on trial over three months Twenty
minutes after they left the court room the
jury returned and rendered "a verdict of
guilty I'm the first degree The California
law gives the jury power to fix the punish
ment OF the criminal but as no recommen-
dalton OF mercy was made. Judge Murphy,
a few days later sentenced DurTant 10 be-
hanged on February u. 1896.
Every Resource of Law Exhausted.
Then began fight for delay. vigorous
~ maintained for more than two years
Durrant appealed from the judgment TO
the supreme court. but bis appeal was
not perfected FOR many months A pre-
lminary proceeding was the settleme ut
Of the Dill Of exceptions-a very lengthy
document.
The defendants attorneys at first pre-
pared their b.l Of exception; the district
attorney added arne ndments thereto. then
followed frequent meetings Of opposing
counsel 10 determine their differences; tho
document was read 10y the court and CIV
en TO the printers, hut Il was August l.
!>95. before the BIZ OF exceptions and the
transcript OF testimony reached the SUI
pTeme court. The case was then placed
on the supreme court calendar. ami at
Los Angeles in the following October.
the defendants attorneys not appearing,
the case was ordered submitted on the
Papers filed.
IA stl-t attorneys EuuSF QGeEtiy N owed
10 set asitte the submission. and they
were al owed "a file briefs. but were per
Fitted 70 make 40 oral argument. Attor-
ney General Fitzgerald fled "a brief In
reply. DurF8nt's attorneys answering the
attoru Y general - auoAe brief and The
case was not re2 IL under submission uu-
III January. 1891
The supreme court affirmed the decision
q thn superior court on March 3. Isq7.
Z i " 90 q
purrant's attorneys filed petition for a
rehfarng The application FOR rehear-
ing vas 1en5e3 by the supreme court on
Apfl !. and .ae 90 blowing day q renit,it-
nr vas handed down 10 Department
: Of t1c superior court 0r3 ring th8t court
Il pass 4 final Judgment
Superior Judge babEs % department 3
HNed saturday. April 10 the day fer
passing sentence. ard on Sat date Durrant
vas reseateneed. sad ordered 10 be hanged
~ san quentin state prison On Friday
June II. On the afternoon OF April 10
Durrant was taken from the county fell.
where he had been confined ever since he
"as held 70 ansVger - the police court. and
taken 10 san Quentin.
Governor Would Net Interfere.
Every effort was then made TO induce
Gov. Bu3G 70 grant cIsvnency. but wgthou.
avail. nurganJ was pa1 fa the condemned
cage ara ceata watch placed OF htgn.
On Jure ere attorneys se~ the conae rnn@d
nan applied 10 the United States d.strtc.
e91rt fcT a wri; u habeas corpus aileg-
5-@ tfet be has heen deprived 80 5lh@rsy
without cue process ~ law. IN violation q
tf~ ~ fsis01s * The faAyteeatA ag4ena-
E1e-' I'd taz constitution = she United
S.a-es The arr alton vss res9sed ard
sf25a-s were faA-o - t~e tSl-et Sta So
csgeu.t c1srf acd .ae- 70 ta@ supreme court.
Attorney General FITZGERALD h.lt hat