The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-01-08

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 2sth, charged with con-
tempt of court. He was acquitted, but
was Immediately sued by Durrant's par
ents for $4,000 damages for Islander for
having stated, as alleged, that the con-
demned 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 Su-
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 q writ of supersedeas was
made to the State Supreme Court, but
was refused. The Federal courts were
then vainly appealed to for writ of ha-
beas corpus. On January Sd petition
was presented to Governor Budd. pray
ing for executive interference In the
case. The petition stated that Durrant
was vital witness in the Islander suit
brought by his mother against Smyth.
On January 9Th Durrants attorneys
made another application to the United
States Court for writ Of habeas corpus.
This was denied; also permission to APP
peal to the United States Supreme
Court.
On January 9Th Attorney Boardman
arrived in Washington and endeavored
to persuade Justice Brewer of the SUI
preme Court to grant permission to an
appeal. Justice Brewer declined and
Boardman announced that he would ap-
pear before the entire court on Friday
(today) 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 a bill of exceptions. This request
was granted and Deuprey, accompanied
by United States Marshal, FASTENED to
San Quentin to serve notice on Warden
Hale, claiming that the decision of the
Federal court acted as a stay of execu-
ton. Warden Hale, however, was guild
ed by the advice of the Attorney-Gen-
eral of the State. who told him to proceed
with the execution. On the same after
noon Governor Budd formally announc-
ed that he would not interfere and de-
CllIeu u see Cui ant . Poi'-stc'
MISS WILLIAMS MURDER
Durrant was never tried for the muir
der 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 she was
murdered Durrant was seen to meet
her at the ferry and board a west
bound car. She came to this city for
the purpose of attending an entertain
ment to be given by the church in the
evening, and it is supposed that when
Durrant met her he made an appoint
ment before going to the entertain
ment. At any rate, Miss Williams went
to the home of a friend in this city, and
at 1880 o'clock started for the enter
| tainment. Half an hour later she was
seen standing in front of Emanuel
Baptist Church talking to Durrant. She
was never seen again alive. At $3.50
that night Durrant arrived at the resi-
dence of Mrs. Vogel, where the enter
tainment was being given, with flushed
face and in a highly nervous condition.
He asked to be shown to toilet room
In order that he might wash his hands
and later asked that the person who
directed him should say nothing about
the incident. When he was arrested at
Mt. Diablo, Miss Williams purse was
found in his overcoat pocket. Durrant
said he found the purse on the sidewalk
while going home from the entertain
ment He was seen in the vicinity of
the church at IL o'clock that night and
il Is supposed that he went back to the
library where he had strangled Miss
Williams, and, finding her breathing
! feebly, cut her wrists and forced part
of her clothing down her throat. The
| theory of the prosecution has always
been that Durrant murdered Miss Will
liams to conceal the murder of Miss La
mont. The two young women were ac-
quaintances, and Durrant suspected
that Miss Williams believed she knew
something about the disappearance of
Miss Lamont.
NO PLANS FOR BURIAL
SAN FRANCISCO, Jan. THE re.
mains of the Emanuel church murderer
in charge Of a local undertaken were
driven from San Quentin prison to the
Sausalito ferry and placed upon the
ferryboat. The father and mother o.
the man who had just been executed hat
preceded the remains by train. Thu
purpose in choosing the Sausalito boa
was to balk the curiosity of the i'm
mense throng that awaited the arriva
of the body by the Tiburon ferry on thi!
side. Meanwhile the remains were
landed here by the Sausalito boat ant
were we'll on the way to the Duran
residence before the crowd realized thu
futility of it's wait. At the Duran
home the casket was placed in TIL
parlor with the customary form used il
the case of natural death. number o
personal friends of the family visited thu
house during the evening to express
their sympathy. The remains are nov
encased in the handsome casket takei
over to the prison by the undertake
and to which the body was transferred
from the plain black coffin furnished
by the prison authorities. Up to lat
hour this evening no definite plans hav'
been made for the final disposition o
the remains. Several friends of thu
family have rendered their services il
this regard and by tomorrow the pa
rents will have definitely selected on
of the propositions made for either ere
nation or interment.
RAIDER CONVINCED
SAN FRANCISCO, Jan. 7.-Accordine
to a promise made to Durrant on We'd
nesday that he would attend him on the
scaffold, Rev. William RAIDER went tc
San Quentin by the first train today