The San Francisco Call. Newspaper, June 4, 1897, Page 1

LUME LX VoI PRICE FIVE CENTS DOOMED MEN MAY LIVE FO MANY DAYS. | = | { ——— { Habeas Corpus Gives Dur- | rant and Worden a New Lease of Life. | } | | | i \ | | THE TWO CASES WILL NOW GO‘ i TO WASHINGTON. | | Full Text of Attorney-General Fitzgerald's) | Letter Advising the Two Wardens to | | Desist From Hanging the Con- 1 , victed Men. As foretold exclusively in ““The Call” , writin the first instance has no choice in v day since last he matter of granting the appeal. The rizht of the citizen to go to the higher court | is beld 10 be absolute and unquestioned. | The point last stated was decided with | emphasis by Judge Sawyer in a well- known California case. Judge Sawyer heid in Monday, the exe- cut @ of Worden and Durrant has been ] Postponed by the Un'ted States Circult i L 9 | the uit untii the questioas involy be ppeals shall decided by the i Su e Court o the United States the case of Sun Atiorney-General Fitzgerald yester- | Hung, August 24, 1885, reported in the day wired Warden Aull not to e 24th Federal Reporter, “that the right of Worden until the Appellate ¥ appeal to tie Supreme Court in Court sed on the cuse He also wrote DOTHEh 08 e B atmoluls SN 1D 00w dependent upon the discretion of an elaborate op nion, which appears Gitee toatiDw 6 oiiy." | in fall herennder. } Durrant and Worden cannot lawiully | =3 ! to the United States | p, grecuted until the Supreme Court | Supreme Court was also allowed by | pauges on their appeals, because it would | sircult Judge Glibert In the case of | pg folly to grant a citizen a rightand 3 Theodor: Durrant. As the merits of | ihun aliow him to be deprived of his life | the judgments of State courts do not | pending the final adjudication. [ @ ise In an appeal from = rofusal to| There was no hesication by Judge Gil- | award a writ of habeas corpus, the | pbert because he well knew he had no dis- Worden and Durrani cases now atand | cretion. The law commands him ta allow | { on the ssme ground ther ome Will | the appeal. Attorney- eral Fitzgerald | xecutsd Gotil the Fadera! apps el by the Supreme Court, rrant’s father relephoned him word | advised the warden not to bang pending the appeal, because section 766 of the | United Siates Revised Sta:utes declares | and Attorney | all State interference pending the final | word to Worden. Thers | decision null and void. His opinion in further legal proceedings | full is here given: of Monteith sen execution, AULL ORDERED TO STAY THE EXECUTION. SAN FRANCISCO, June 3, 1897. CHARLES AULL, Warden Folsom Prison, Folsom, rden’s appeal to the United States Supreme Court lers of the United States District and Circuit s application fora writ of habeas corpus, HON. i f the provisions of section 766 of the United States ¢ sed Statutes and the construction given to those pro- V by the Supreme Court of the United States in the se, | would advise that you do not proceed with execution S. D. Worden. My reasons are more d in an opinion mailed to you this day | W. F. FITZGERALD, Attorney-General. of Supreme Court meets in The decision in full was mailed to War- den AuJl yesterday afternoon. It fresly q from the Federal Statutes and de- cisions and takes the view of the sented by the defense. The rulings are not at all new to law- yers familiar with Federal practice, for they well know that the Jugiro and other New York electrocution cases were beld in the air for vears by the Federal law oi habeas corpus, familiarly known as ‘‘every man’s loophole.”” A more startling poseibility that lurks in the loosely drawn Federal law is the prospect of a multiplicity of writs in any States were allowed by Circuit law Gilbert yesterday in the cases of and Darrant, an zerald advised cution in both cases. the Federal statuies and decisions course Was open, as every person on American who allezes that he is ion of the constitution es may seek the ancient writ of habeas cor in the Federal trial courts. In the event that tnese courts f2il to awaurd the writ the law provides an | given case. The Jugiro case holus that the appeal to the reme Court, and the | petitioner may apply again and again Federal Judge who refused to award the | on he same grounds, the Lmit of applica- | Attorney- & stay of y The Dariag Young Duke of Abtuzz!, Who Will Attomst to Scale| Grim Mount St. Ei [Sketched from life by a * Ce Licombe say This is the second application t> this court fora w of habeas corpus by this petitioner under the same conviction, and two of the grounds upon whicn he bases his pre-ent appiication existed when he made his former application. Whether this is the second or the twenty-second application, however, is immaterial. Un- der the statutes as they stand it seems to be left to the petitioner alone to Uetermine not only how many times he will apply for the writ, and whether he will appeal from its denial, but also how of:en he will, by such appeal, invoke the operation of section 766 of the Revised Statutes of the Unite ! S:ates, which provides that, until fin:l judgment thereon, any proceedings against his person under State authority shall be null and void.” The decision in tue Worden and Dur- rant cases bring the defects of the Federal law under the cathode ray, and there is no doubt that the Unitea States courts will from this time on be crowded with applications for a lease of life in the case of men under the death s ntence. Attorney-General Fitzgerald said yes- | terday: “I bad intended to call the at- tention of Senators White and Perkins to the defects in the law long ago, but I thoaght I might be accused of taking too much interest in the cases, so 1 dropped the matter entirely.”” The victorious attorneys and Theodore Durrant’s father wire the happiest people in San Francisco when they heard of the decision and the opinion of the Attorney- General. $ “I shall -0 right out and tell my wife,” said Mr. Durrant, “‘and T'll have the deci- sion telephoned to my boy right away. Mrs. Durrant will be the happiest woman — el e The Norwegian Bark Neptua Went on the Reef at Apia, Samoa, During a Heavy Storm Last Mo, th and Was Abandoned. She Has Been Hauled Up on the Beach, Where She Wil! Bz Repared and Put in Commission Again, | tions and appeals being set by his own ae- )in San Francisco to-night, for she was | | sires only. In 1hat remarkable case Judge | | in the Minnie Williams case, | this as a constitational right and wili soon | make the District Attorney know their | dently only for the purjose of delay, the a | ] hoping acainst hope.” E United States Attorney Charles Garter and Atiorney L. P. | Boardman, who lately came into the case | 10 engineer the Federal vy, deserve con- siderabie of the which lawyers every lezal victory, irrespec- | tive of the case. | Now that there is a stay of proceedings | there are speculations as to the pos- | sibility of a reversal of the rolings of the State courts. While the Attorney-General and most lawyers place no confidence | whatever in the point that an informa- tion by a District Attorney is not legal, | there is a slignt chance that the present Supreme Court might agree with the dis- senting opinion of Justice Harlan in the great Hutardo case from Sucramento. General F bas no fear | on this point. He says: *Tue ruling by | the Supreme Court on this poiut has been | affirmed und reaffirmed until it is now re- | ferred to by tiaat coust as one of the best- | settled doctrines of the law." But there are some lawyers who say | Durrant stili hasa gooa chanceon the | point that cruel ana unusual punishment has been inflicted upon him. A former Superior Judze said last night: | “They may hang a man for murder or they | may impr.son him for life, but there is no authority ior such a sentence as Judge Bahrs pronounced—sending Durrant to a felon's cell with striped clothes, a shaved | head and a convict’s number and stigmain addition to hanging. “Judge Bahrs’ sentence ought to have been that Durrant be turned over into the custody of the Sheriff for execution and uot that he be confined in San Quention | in striped clothes and afterward hanged. [ think that there are good chances that the upreme Court will interiere with the case on that yround.” Oue of the chief evils of the stay of execution in the Durrant case is that the community will bs afflicted for many months with the Christovher Columbuses of the world who insist upon exploiting the seas of evidenca for new witnesses to confess that they are the murderers. Mrs. John Martin is still in the field for Durrant, and she feels sure she has dis- covered evidence that will uid her client. There are many others who have entered the lists and who say that before the case reaches the Supreme Court they will have marvelous arrays of evidance. One of the new and important phases of the case will be the urgent demanc of the atto: neys for the defense for a speedy trial | They claim | honor ra demands. They sav that a trial of the Williams case will logically clear Durrant | of the charge in the Lamont case and leave him an scquitied man in the case of the unfortunate girl whose body was last discovered. **L was very much astonished,” said ex- Judge Robert Ferral last evening, ‘*‘to hear of the action of the Federal court in the Durrant and Worden cases. The mat- ter of deciding on_an application for ha- beas corpus is left largely to the discretion of the Judge. 1f no considerable showing 1emoide in the application and it is evi- Judge ordinarily does not issus the writ, ‘Ot course [ 40 not know what showing the attorneys made, but from my knowl- edgeof the case I should say that it pre- sented no Federal question. The validity Continued on Fifth Page. jTHINKES HE WILL BE| | black derby hat and brown shoes. | bubonic plague in India. BOTTA ERMINIO, Oce of the |Sketched from life by a “Call” artis.| CANOVAS SKED TO AN Spain’s Premier Has the | Temporary Confidence of the Crown. |QUEEN REGENT TO SEE LIBERAL LEADERS, | But the Crisis Is Declared to | Be Most Difficult to 1 Solve. POLICY OF THE PAST TWO | YEARS A FAILURE Public Demonstrations Made | Agalnst the United States In | the Streets of Havana. - | PELLISSIER ANDRE, the Celebrated Mountaineer of Italy, and| MADRID, Srary, June 8.—The Queen Regent presided at the Cabinet council | to-day. Premier Canovas made a lengthy statement, in which he dwelt upon all tha Guides of Abruzzi’s Expedition, ABRULL 10 CLIMB ST, ELIAS, Will Put Off to the Snowy Coast in Boats Manned by Indians. GONE TWO MONTHS. Wou!d Have Climbed the Him-| alayas but for the Bubonic Piague. WITH HIM IS ANDRE THE FA- MOU3 GUIDE. Two Tons of Supplies Are Now Ready—Th: Duke’s Party | and Plans. | and in fact everything that could well be | | Itis probavle Prince Luigi will be the re- | persons were fatally | dead and dying are: May Rhodes, Wal- A very young man with an intrepid air and a dauntless way about him stepped | biythely from a hack in the Palace drive- | way Jast nignt, and, striding across the | tiled floor, stopped and talked to three or four neatly dressed men with him, while | one of the crowd advanced to register the party at the desk. The sprigbtly man was Prince Louis Savoy, the Duke of Abruzzi, who is going to c.imb Mount St Elias, or atleastto| attempt it, and the others were his lieu- | i | eral communities oi 1500 each. tenants, doctor and servants. The guides, to the number of five, arrived earlier in tke day. The chief of these is Peliissier Andre, whose card bears the inscription, “De V altournenche, Guide des Alpes.” They are big people with the Prince; | that is to say, they are either big by what | ihey have accomplished or by title. The Prince, as will be recalied, was here some two years ago, when tne Italian warship Cistoforo Colombo visited this port. Here the young gentleman was dined and wined. He was in society a good deal, rode the horses in the paper chase, and what not, and now he is back to do and dare by essaying to climb grim and white Moant St. Elias, which towers to a height of some 19 000 feet. Prince Louis is yet but 23 years old. His | hair and eyes are dark, his complexion ruddy and he has but a faint suegestion | of a mustache. He wore dark ciothes, a Several of h's party wore silk hais and all were attired in black cuiaway coats. The gen- tiemen were: Lieutenant A. Cagni, aid- de-camp of the Prince; Coun: neisco Gonnella, Count Sella and Ur. de ‘mnpx.l All of them, including the Prince, are distinguished members of t e Alpine Club of Turin. The Italian Alpine So- cieiy has & memtership in pine cantons of the kingdum. Count Gonnella is presi- | dent of the Turin Alpine Club, For many years the gentlemen named have taken | great intersst in the climbing of the lofti- est mountains of the Alps. Tnis is the story of the intentions of the Duke: “After we have remained there four or five duvs we will go overland to Seattle, and from there will sail in a small steamer or steam yacht, chartered lor the purpose, to Sitka. From there we will probably proceed to Yakutat Bay, or Icy Bay, at anv rate to the point nearest to Mount St. Elias from which we may best get ashore. *I bad thought of attempting the ascen- sion of some of the loity Himalaya peaks, but have been deterred on asccount of the As for the time it will take to complete the ascemnt of Mount St. Elias, of course that cannot be definitely known. We hope, however, to accomplish it in about two months, “All the supplies we will need for our perilous undertaking will be sent forward irom here. Already we have about two tons of canned and other kinds of goods y for suipment from here. “In order to safely get ashore through the rough waters of the coast we will be aspects of the home and colonial situa- tion, and Spain’s relations with the United States. He declares thata mere modifi- cation of the Cabinet would not meet the requirements of the situation, but it the crown still had confidence in the Con- | servative party and in him he would re obliged to take a lot of native Ala<kans anc their boats with us. These we will probacly be able to obtain at Sitka. “Our trip is not made 1n the interest of science, strictly speaking, but for adven- | ture and h knowledze as may be inadveriently ga‘hered. Though we have our own guidss, and they are very skilled ity oties, t00, we Will have other su des in | main in office and cope with the prob- Who they will be, however, We | Joms. e The Queen Regent expressed herself as Pollissier Andre, the chief of the guides, | The Queen Regent expressed herself as ali of whom arrved yesterday morning in | satisfied with the statement, and asked advance of the Prince, is ore of the most famous moun-aineers 1n the worid. He is credited with having made over 1000 im- portant ascensions, and to have conducted some of the most dangerous expeditions He is a stalwart moun aineer, 29 years old, as he told a CALL representa: tive yesterday, and has clear pray eyes him to continue in office until the crisis shouid be solved. At a subsequent interview Canovas said he belied the solution of the crisis would be difficlt. All depended upon the re- : sult of the Queen Regent’s interview with Soni Mlonds Sair Sl Wustacke AR A | gonernt Martines® Camphs aiid Séfios firm set chin, indicating great determina- | > tion. | Sagasta, leader of the Liberal party. Many newspapers pronounce the crisis In his rooms at the Palace are many | ings whick aari IR, Shoh i daring cmiountainesr |, . ioest serlous, -oniafly’ because the and his associates will use on their trip. Toey wese inspected yesterday. There | nation attaches the greatest imporiance- ';' A'E“’m a icopicks, " bxf":}“{'“’ *. | to the effect of the outcome of the rela. alpenstocks, ozens 'of hobnail 5 & 3 T shoes, made expressly for monntain | Hons With the United States. Tho de- climbing, many pair of smoked glas es, | cision of the Queen to take time to con- sider the situation and consult the leaders of the opposition is tantamount to an ad- mission that the colonial policy of the last two years has been a failure, HATRED FOR thought of that might prove useful on such a trip. Theother guides are: Josen Petigax and Croux Laurent of Cour- mayeur; Magui:noz Antoine of Valtour- nanche and Buito Erminio of Chiabazzo, ail places in the Italian Alps. Andre is himself from Valtournanche. The guides spent some time in seeing the City yesterday. Their odd garb at- tracted considerabie attention on Market street. The Prince and his parly will be entertained at_different ciubs w here. AMERICANS, Demonstrations in the Strests and In- ng Words of the Press. Cusa, June 3.—Public dem« onstrations against the United States aro being made in the sireets of Havana by | uncompromisinz Spaniards who favor Weyler's policy. | El Commercio, the organ of the Spanish mercnants, has published a sensational editorial in which the Nation is grossly insulted. ‘“We oughit to spit in the faces of these barbarians,” says Ei Commercio, *to show our scorn.” The situation is extremely grave here for Americans on account of this ebulli- | tion of Spanish feeling. Consul-General | Lee is the target of all the attacks of the Spanish press. They consider him re- ponsible for all the American interfer- nce with Cuba, which every one in Cuba cipient of several dicner: FATAL FILE AT A4 CIRCUS. Ewxplosion of Gasoiine Causes a Wild Soramble for the Fi {ass , June 3.—B:cause of the negligence 0. un employe of a circus five burned last night and over twenty were badly injured. The lace Q. Stevens, Richard Doty, Cobin and Annie Myers. This catastrophe was caused by the folly of an empvloye who was filling a torch with gasoline. He got the stuff too nea the fire and a terrific explos on took place. | believes will be inaugurated by McKinley. The flimes spread to the tent, and the | The investigation into the Ruiz case and wildest kind of confusion followed. ‘There | the trip of Calhoun and Lee to Matanzas wasa wild scramble for the exits, and in | pyvo aroused much Spanish indignation the rush many people were hurt. o BEan AL andik - fmmop S Neny | Weylerisill at Sancti Spiritus from an ThiToo ha G TIeN. attack of fever. He says, nowever, he is DENVER, Coro, June 3.—The D bs Co- | Féso!ved 10 go to Orient, where he intends tive Commonweal intends locas .k few wmeek 1o 1€porC tiav parkofithe h next fali. Itwiil establish sev. | island pacified. . Pedro Andrecain, the traitor who was Jobn