The record-union., 1898-01-04
FIGHTING TO STAY
The EXECUTION,
Attorney for Durrant on a Hunt fol
Governor Budd.
Great Influence Brought to Bear to Com.
mute or Repreye Him.
VIII Ask That the Condemned
Man be Granted Another Lease
OF Life Until an Appeal Now
Pending Before the Supreme
Court Can be Finally Deter
mined.

Fend1ng Before the Supreme
Court Can be Finally Deter
mined.
SAN FRANCISCO, Jan. 3.-Contrary
to general expectation, the attorneys for
w. II. T. Durrant, the condemned muir
derer of Blanche Lamont, did not ap-
pear in the Federal Court to-day to re-
new their effort to secure a stay of exc
cution on behalf of their client This
action led to a rumor to the effect that
they had abandoned all further hope of
saving Durrant'S neck on Friday next,
but this they strenuously deny, stating
that they are too busy preparing to ap-
ply to the Supreme Court of the United
States direct for a stay of proceedings
to waste time in fruitless appeals to the
State and Federal Courts.
Political influence, personal friendship
and an abundance of legal lore will be
brought to bear upon Governor Budd to
commute or at least reprieve Theodore
Durrant. w. w. Foote, General Dick
inson, j. c. Campbell, Eugene Deuprey
and a large number of others will prob
ably ask the Governor to spare the con-
OSHilSQ ulIlil tHe dppSdi IlOW pSilllilS
the State Supreme Court can be finally
determined. 1t is understood that great
influence will be brought to bear upon
the chief executive to have him grant
another lease of life, for the gentlemen
mentioned boldly assert that Durrant
should not hang upon the evidence as
presented at his trial.
1T is time only we want say the
attorneys of the condemned man, land
justice will not suffer by few months
longer delay"
General Dickinson was to-day hunting
for Governor Budd to ask him to set a
date for the hearing of the appeal for a
communication Of the sentence. The law
yer telephoned to Sacramento, but no
idea of the Governors whereabouts
could be obtained there. The search will
be continued, however, and the Gov
ernor may once more be compelled to
pass upon the man who stands SO close
to death.
The lawyers are making what is prob
ably the most remarkable fight in the
criminal annals of the United States.
They have resorted to every possible
legal technicalty. only to be temporary
successful and be beaten in the end,
and they promise other sensational ef-
forts within the next three days.
FOUND THE GOVERNOR.
SAN FRANCISCO, Jan. Late this
afternoon the attorneys for Durrant
visited Governor Budd at the home or
his niece in this city, and presented a
petition praying for executive interfer7
ence in the Durrant case.
The petition stated that Durrant was
vital witness in the slander suit
brought by his mother against Horace
Smyth, juror in the murder trial, who,
it is alleged, strongly reflected on Dur
rants family relations.
Governor Budd received the petition,
and promised the attorneys for Dur
rant that he would read and carefully
conside it's contents before giving his
decision.
Attorney Deuprey still threatens to
spring a sensation in the case.
General Dickinson will tomorrow
make another attempt to obtain a writ
of habeas corpus from the United
Statse Circuit Court. The application
is based on technicalities.
Durrant has made the following re-
quests concerning his execution:
First-That the rope used to hang
him shall be destroyed Immediately
after his death, so that no person can
say that he holds a piece of 1t as a
memento.
Second-That none of the spectators
shall be allowed to gaze upon his
features after he is executed.
Third-That no autopsy shall be held
after death, and that no physician be
allowed to examine his body.
Fourth-That after he is pronounced
dead his remains shall be delivered to
his parents as soon as possible.
EXECUTION ORDER.
SAN QUENTIN, Jan. 3-Warden
Hale has made the following order con-
cerning the execution of Durrant:
First-Mrs. Durrant will not be al
lowed to attend the execution of her
son. No woman will be allowed TO be
present at the execution, under any cir
cumStanceS.
Second-The mother of the condemned
will be permitted to visit him on the
morning of execution under proper
guard. She will be allowed to take her
farewell of him in such a manner as
may hereafter be decided upon. The
mother must leave the condemned
chamber before preparations are made
for the march to the scaffold.
Third-The father Of the condemned
man will be permitted to attend the ex-
ecution of his son.
Fourth-The usual rules governing
the execution of prisoners at San Quen-
tin win be observed in the case of Theo-
dore Durrant.