The San Francisco Call. Newspaper, April 11, 1897, Page 10

10 THE SAN FRANCISCO CALL, SUNDAY, APRIL 11, 1897 DURRAT 15 AGAIN Conti | Court juagmen:t and the order denying you a new trial were affirmed by said Supreme “Said judgment still remaining in full force, the law requires me now to inquire into the facts, 10 determine if any iegal eason or reasons exist against the execu- pronounced agains “Thererore, William Henry Theodore Durrant, I now ask vou to state any legal reason you may have why the court should hot proceed io make an order directing the Sheriff of County of San Francisco to deliver you to | the warden of a State prison, and further directing saia warden to execute, at a time the doors closed and prevent further in- flux of the throng, as the room was al- ready crowded almost to suffocation. also reminded those present that they were in a court of justice and instructed He | now to be fixed by me, the judgment of death heretotore vronounced against you.” Instantly Mr. Deuprey came to the res- cue of the prisoner, and said: “Your | Honor, we ask for a reasonable continu- | ance on account of the considerations of ion of the judement of death heretofore | the City and | | Scene in the Courtroom While Judge Bahrs Was Pronouncing the Sentence of Death cn Theodore Durrant. Part of the Time in Court the Prisoner Amused Himself by Reading. them th place than demonstrations, either of ap- proval or disapproval, on account of any- | thing that should be done in this case. | These rics by his Honor were re- | ceived in nce and the admonition was well heeded. Among those ent were ex-Judge Murphy, *Luck Baldwin, Chief of Police Lees, Assistant District Attorney Hosmer, County Clerk Curry, a great many lawyers and quite a number of | women. Mr. Durrant, father of the prisoner, sat chatting with his son during the wait that | ensued after the court was called to order. | Mr. Deuprey arose and in gentle tones | asked for a delay of a few minutes until an affidavit that was in course of prepara- tion could be presented for the court's consideration. This request was granted as a matter of courtesy, and the thres Jndees on the bench exchanged common- | places about the weather and the latest | news of the war in Crete, untii the paper | for which Mr. Deuprey was waiting was handed in. Durrant took the document, looked it | over and dippinz a pen in an inkwell be- fore him deliberately signed his name. | Then he arose and ramsed his hand to heaven while Deputy County Clerk Corey | administered the oath. As the words “So belp you God” were uttered Durrant gravely nodded, his lips moved, but he made no audible sound. Immediately Judge Bahrs ordered Dur- rant 0 stand up, and as he arose Mr. | Deuvrey took a position by his side, but shortly afterward resumed his seat, while Judge Bahrs addressed the prisoner in | these words: | “*William Henrv Theodore Durrant, you | have been brought into this court by the | Sheriff of this City and County in pur- | suance of an order made by me, upon the | application of the -District Attorney of | this City and County. ‘ A judgment of feath was heretofore, on Décember 6, 1895, pronounced against you for the murder of one Blanche La- | mont on the 3d day of April. 1895, in ti.e | City and County of San Francisco, State | of California, of which crime yon were | duly convicted on the 1st day of Novem- | ber, 1895, as appears by the remittitur | from the Supreme Court of the State of | Caltfornia, now on file in this court; <aid e, - | was T ask permission to read the sffidavit on which I base this application.” Judge Bahrs szraciously inclined his bead and Mr. Deuprey read the aftidavit thet Durrant had just signed, which was to the effect that Attorney John H. Dick- inson acted as leading counsel for the de- fense during the trial; that Mr. Dickinson is absent from the City and that it would greatly jeopardize the prisoner's legal rights if ‘the matter of passing sentence shouid be proceeded with during Mr. Dickinson’s absence. The affidavit con. cluded with a statement that Mr. Dickin- son would return in a week and that he asked for a continuance of all proceedings until the 17th inst. Adfter concluding the reading of the affi- davit Mr. Deuprey said: 1 have had no opportunity to consult with General Dickinson since the last decision by the Supreme Court touching this case was handed down. This s the first time that the defendant, Durrant, has been calied on toappear in this court since the receipt of the remittitur from the Su- | premo tribunal. That was only a week ago. I submit that the importance of this case may be properly urged as a rea- son for a bri-f delay. “It may be suggested by your Honor that the presence of one of defendant’s counsel may suffice at this time, vet I beg you to bear in mind that Mr. Dickinson in attendance during the trial a greater part of the time than I was, and hat he is more familiar with all the par- ticulars of the proceedings than any other person. 1 do not ask anything unréason- able; I simply request that the matter go over for one week, in order that there may be proper and just arrangements for the preservation of the defendant's legal rights. In asking for this brief postpone- ment L appeal to the great discretion of this court, in the name of humanity and justice.” District Attorney W. 8. Barnes made a short reply. He said that notices of yes- terday’s proposed proceedings had been served on Mr. Deuprey and Mr. Dickin- son, although there was no statute requir- ing that service, and that Mr. D.ckinson had subsequently said he knew of the day set for passing sentence. “I know of no man moere competent than Mr. Deuprey to represent the de- NEW TO-DAY. COLLEGE CHECK SKIRTS! THE LATEST RAGE. Coliege Check Skirts, inverted THREE DOLLARS, 500 STYLES IN NEW SHIRT WAISTS, 50¢ T0 $7.50 EACH. KELLY & LIEB Novelty Tile Checks, pleat back, the latest style, biue and white, black and white and brown and white checks, lined throughout and velvet bound— SPECIAL PRICE $3.00. the newest, checks bright and dressy, blue and waite, brown and white and black and white effects, lincd all throzgh and velvet bound— SPECIAL PRICE $3.50. 9 Cloak and Suit House 120 Kearny St. E “Your Honor, | t nothing would be more out of | the facts and tne law involved herein, and | fendant at this proceeding,” continued i Mr. Barnes. ““While I wou:d be the last | man to urge the court to proceed with | undue haste, yet I feel it my duty to in- | sist that there shall be no further delay in proceeding with the cause at bar.”’ | Mr. Deuprey persisted. He said he was | not asking anything extraordinary. This | was a matter where a man’s lite was at ake. That man was entitled in law and justice to the assistance of his counsel at | every stage of tne proceedings. Here it | was proposed to deprive him of that ad- vantage by hurrying the passinz of sen- | tence. The delay of a week was most | reasonable. The rightsof the prosecution | | would not be impaired and the defendant would be_given but a fair chance to make the best defense that is allowed to him under the law. | _*As I understand the law,” said Judge Balirs, ‘the defendant has exhausted all | the remedies thatars kaown to our juris- | prudence. In my judgment the showing | made is not sufficient and I cannot grant | a continuance.” | __Still Mr. Deuprey continued to argue. | He said he thoucht he was entitled t0 an opportunity to show to Judge Banors that the judgment pronounced by ex-Judge Murphy in this case was not a jud-ment thatany court had a right to make. Under | section” 190 of the Penal Code the court | | had suthority to pass sentence thatthe defendant should suffer death or impris- onment in the State pricon, but that the | pretended juagment rendered by the trial | court, the original judgment on which | judgmen: is now proposed to be pro- | nounced, attempted to inflict the puni<h- ment of both imprisonment and axecu- | tion. The jury that returned the verdict had a right to inflict either imprisonment, or death, but the court had no authority toadd to that verdict, which prescribed aeath, and inflict on the delendant the | additional indignity of the siripes of a felou’s garb. | There'was no suthority, Mr. Deuprey | insisted, for the addition which the trial court had made to the verdict of the jury that the defendant should be closely con- fined in the State prison, because there was no warrant in law for any such order. | It was an intrenchment on the duties of | the Sheriff and the Warden of the State prison. The court had attempted to legis- late, and o had 1ssued a doubie judgment, | which in fact vitiated the act aitogether. For that reason the pretended judgment signed by Judge Murphy wasno judgment | in'law and in fact, and on tuat pretended | judgment no judgment can now, or at any time, be pronounced. Tha verdict of | the jury may possibly stand, but on that | verdict the proceeding of the court must | | be bused. The Judge had no right 1o legis- | | 1ate und add to the punishment that the | | verdict directed should be inflicted. | " Judge Bahrs asked: ‘Has not that| } judgment been sustained by the Supreme Court?” ! " Mr. Deuprey replied that the judgment | had been sustained only as to the pro- | cedure in the cese during trial, but not as 10 the doubie senter.ce as uitered by the trial court. The double penalty had vitiated the judgment and it must fail. Judge Baurs overruled Mr. Deuprey’s | objections and said: *‘Theodore Durrant, stand up.” As the prisoner did so Mr. Deuprey in- terposed another objection. He said that the facts of the case had not been inquired |into by the court or any officer of the | court as contemplated and required by the law. This oojection was overruled and Mr. Deuprey, having asked the clerk 1o enter the defendant’s exception to the rulings of the court in all the matters submitted, took his seat, while Judge Baurs pro- nounced sentence on the doomed man and fixed the day of execuiion, as previ- onsly set forth in these columns. Quick as a flash Mr. Deurrey was on his feet. Hesaw that Judge Bahrs had fol lowed exactly the words use! by ex-Jnage Murphy in passiig sentence, thus pro- viding for what he termed a double pun- ishment, and he moved to strike out all that part of the judgment which related to close confinement in the State prison. He pointed out that this was a great * punishment than wasauthorized by the verdict and the law, ana that therofore it wou!d vitiate the order of the court. Judge Bahrs ag the motion to strixe out. “‘We ask that the execution of that part of the judgment in relation to the deiend- ant's removal to San Quentin be staid for three days,’”” said Mr. Deuprey. “I can’t grant it,”” said the Judge. “I now give notice of appeal from this order and serve notice on the District At- torney. We respectiully ask your Honor for a stay of four hours to present my peti- tion for writ of probable cause,’”’ saia Mr. Deuprey. Judge Balirs shook his head slowly and said **No.” *‘But 1 understand your Honor to order that the removal of the defendant should take place within ten days, and I supposed you would te willing to give him an op- | portunity to preserve his legal rignts,” pursued Mr. Deuprey. *'I bave made the order in this case and don’t propose to change it.” was the clos- | ing remark by Judge Bahrs, as he in- formed the clerk that court was aajourned. Bailiffs Rock and Whelan devoted the next ten minutes to dispersing thg crowd in the courtroom. ‘The people [seemed fascinated by the spectacle of a fellow hu- man standing within the shadow of the gallows, ana it was with difficulty that they could be induced to buage. Men and women climbed on top of chairs and benches and pulled and- hauled wildly 1n their efforts to get a nearer view of the man who for the second (ime bad been condemned to expiate on the eibbet the crime for which lie stands convic ed. As for Durrant, he wus the coolest per- son in the room. He showed no emotion in his countenance. There was not the shadow of feeling on anv of the lines of his sphinx-like face. If his heart beat NEW TO-DAY. THE OWL - DRUG €0, CUT-RATE DRUGGISTS. | San Francisco—1128 Market street. Uakland—Tenth and Broadway. Los Angeles—320 South Spring Street. DR. IRA BAKER’'S Compound Extract of Honduras Sarsaparilla, The Best Blood Medicine— ?5¢ Bottle; 3 Bottle for THOMPSON'S Dandelion and Ceiery Tonic, Nature's Nerve-Kestorer, Regular price $1—Cut to 60c bottle. New Shades in Ladies’ Pocket-Buoks. American Seal Combination Purse, with steri- ing silver corners, Cut 1o New shades Monkey s zin Pocket-books. with outside a inside ciasp. Cut to 75¢ Genuine Seal Combination Purse, with full name or steriing-silver initl ..Cutto $1 ain and Fancy Leather........... From §1 25 (0 §4 each 60 stles in We are agents for Paine’s Duplicate Whist Sets Mr. Tormey’'s Whist “Don’ts” for Whist Craiks free, Call for » copy. 1128 Marlket Streeot. in disagreed and denied | faster or slower there was no mark of that fact in his deportment. His hands did not shake with excitement and iis eyes gave back to those who addressed him the same steady gaze that is soia- miliar to those who have been associated with him since as well a< before his arrest. His grasp was cordial ind his bearing was courteous to tho.e with whom he engaged in comversation. When he spoke his voice betrayed no tension. It was low and well modulated, though he had few words to bestow-on any except bis father and Mr. Deuprey, his attorney. Nota few of Durrant’s former acquaint- ances pressea jorward to offer brief sug- zestions of hope or consolation. There was the suggestion of u smile on his lips as he accepted these greetings. “I have not lost hope, but I do not care 10 talk of my case and my plans just at this time,”” fie said. For nearly a quarter of an hour Durrant chatted unconcernedly with those aronnd him. Then Sheriff Whelan touched the murderer of Blanche Lamont on the stoulder and, surrounded by & dozea Deputy Sheriffs and a half dozen police- men, \he prisoner was conveyed through the corridors of the new City Hail to the Sner:ff’s office. = IN THE SHERIFF’S OFFICE. Durrant Talked to His Father and Jumped Lightly Into the Van When Leaving. Durrant spent the period between the time he left the courtroom and the hour he started for tha ferry in the record-room of Sheriff Whelan’s office, where he was watched by Chief Jaiier Sattler and Depu- ty Usher. This is the room where he has spent many hours while waiting for court to convene or for the van to convey him beck to the jail, and he satin his accus- tomed chair ‘while chatting in low tones with his father. When he was told that the van was ready to take him to the ferry he nodded to the deputies as he passed out and jumped hightly into the somber vehicle. Sheriff Whelan breathed a deep sigh of relief when the van rolled out of sight, and a still deeper one when an hour and a half later a telepbone message came from San Quentin that Durrant was safe within the prison walls and had been formaliy turned over to the State prison authori- ties. The Sheriff was heartily glad to wash his hands of soimportant a prisoner. e A PLAY FOR TIME. Another Desperate Effort Made to Put Off the Hour of Dur- rant’s Doom. While Durrant was in the Sheriff’s of- fice Deuprey and his assistant, Frank E. Webb, went to the Supreme Court rooms | and asked for a stay of proceedings for three days. The court assembled in bank and finally declined to act. Chief Justice Beatty and Justice McFarland were ab- sent and Justice Harrison presided. ‘Webb then went back after Durrant’s signature to an affidavit, which was Jaid before the Supreme Court on his return. An arrangement was made with Sheriff Wheian whereby he was to hold the van at the ferry until he got word whether or not the Supreme Court would deny the petition. Webb proceeded to the ferry pending Deuprey’s argtument before the court and was there telephoned the un- favorable action of the court. Durrant was then handcuffed—the first time since his imprisonment—and taken aboard the boat. Durrant’s counsel express their deep gralitude at the many courtesies extended them by Sheriff Whelan, Chief Jailer Sat- tler and their dJdeputies during Durrant’s imprisonment. e AT THE FERRY. A Close Guard Kept Over the Pris- oner While Transferring Him to the Boat. Captain Dunleavy, Sergeants Mahoney and Avon and a squad of twenty water- tront police were in attendance when the van containing the murderer hove in sight. They formed a circle around tbe vehicle and marched aboardjthe Tiburon with him. No time was wasted in mak- ing the transfer, and in a few minutes every entrance to the steamer was guarded, and only the regular passengers were al- lowed on boara the vessel. The murderer was downcast as he was marched aboard the steamer. He seemed for the first time to thoroughly realize his desperate condition, and he Rung his bead. His father did his best to buoy the lad up, but his efforts were unavailing. When Durrant left the prisoner’s van, there was a moment of suppressed excite- ment. The police were on the alert, but had & word been spoken or a hand raised sgainst the prisoner, it is possible that a lvnching would have been attempted. The prisoner seemed to realize the state of affairs, and_he kept close to the side of Captain Dunleavy during the march from the van to the ship. ———— NEARLY BROKE DOWN. In the Arched Passageway of the Prison Durrant’'s Strength Fcrsook Him. William Henry Theodore Durrant is convict No. 17,260 at San Quentin. He ar- rived at San Quentin prison at about fif- teen minutes before 2 o'clock yesteraay afternoon. Less than half an hour later his bair had been cropped, his mustache shaven from his stiff upper lip, he was in- vested in prison stripes and occupied a cell in a row in which were six other mur- | derers who have been sentenced to death. Durrant occasioned the gathering of several crowds during the day at the County Jail, at the City Hall, at the fer- ries, at the foot of Market streetand at the prison at San Quentin. 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