The San Francisco Call. Newspaper, November 12, 1897, Page 4

THE SAN FRANCISCO CALL, FRIDAY, NOVEMBER 12, 18917. AMBRICAS CUNANT0 CONTENTION PROVED Telling Statistics Are Submitted at the Conference. SEAL HERDS BEING WIPED OUT. Figures in Reference to the Sesson’s Catch Show a Rapid Decrease. | LAURIER « CONFERS WITH STOR SHERMAN. They Are in Accord In the Discus- s'on cf Matters Affecting Canada and the United States. Spectal Dispatch to THE CALL. CaLy OFFIcE, Rices H i WasnIxeroy, Nov. 11, sealing conference began at 11 to-day with a full representation British, Canadian and o als. For the first time the statistics of the catch of seals of the present year were available. These were compilea by the American officials, and they brought out prominently two features regarded Toost important in supnc can contention, namely, n off about one-k seasc rowing of the Am presen the opinio. repre tives, t the 1 herds were rap:dly wiped out; and, second, 1 catch of seals from the American t15to 1 asbetween the British same Sea was abo Japanese vessels, 3800, Sea, which is the portion ¢ iu which the United , 18 16,150 for the pres- ent se. as sgainst 29 500 for last sea- son—a reduciion of ne-half. Of the catch in the I b ves- sels tock 16,600 and American ves-els 1050. The figures make no distinction between and Canadian vestels, as practi- sealing is done by Car which, however, are nomina as British. ling off caten both of about a half in 1 \ Bering Sea and North Pacific is said to kb )8t nificant u the circumstar present season is a better one, the experts for rtaki seals than last on. Thie same regulations apply this season as ast. Under these circumstances it is said that (the conclusion to be drawn from this year's figzures is that the seal herd has been reduced by indiscriminate sluughter at the alarmmg rate of about one-half during the last year. In this connection it should be stated that Secretary Sherman and Sir Wilirid Laurier this afternoon began the first of a formal series of conferences for the pur- pose of bringing about an agreement by which as mary as possible of the ques- tions now causing friction between the United States and the Dominicn of Can- ada may bs amicably settled by treaty or otherwise. These confereuces will be in- dependen: of the Bering Sea seal fisheries the ter The | | merican | The toal catch this | follows: ken b; 30,800; by American ve { ing tne motiou uf Jones as if to reach for | was made (hat the bl HEARD MONDAY Sympathy of the Carson Peonle With the Young Man. JONES' FATHER NOT VINDICTIVE. Crushed by Grief at the Out. come of the Unfor- tunate Affair. Y OF THE TRAGEDY IS TOLD AGAIN. The Boy's Narrative Supported by His Erother and Sister. Jones’ Successor. Special Dispatch to THE CALL. CARESON, Nov. 11.—This morning the i examination of Julian Guinan, before Justice Stene, was called. Upon a motion of Attorney Chartz the case was postponed until Monday moro- ing at 10 o'clock. The postponement of the case was at the suggestion of the de- fense from the fact that the funeral of the late Charles A. Jones was to take place in Reno to-morrow and the defanse did not want to *eem 10 be rusaing matters. J. E. Jones, father of the late D strict | Attorney, has expressed himself as deeply d the sad outcome of the a lermore does not feel any r, ani- gestion that the case was postponed. J further intimated that he is not averse to Julian Guinan being ad- mitted to bail, as he does not wish to show personal nt nism toward the ones has boy, aithough Mr, Jones is broken down with his owa grief. = To-day the b Rave sto: which is corroborated by his sister Jessie and his brother Guy: As the boy was in the w watching tie meeting of his sister and Charles Jones be saw his father coming, and called out to Jessie that such was the case. Neith party paid any attention to the warn and it was repeated a second time. To this second warning attention was given, and in a moment the doctor was in sight of ke two. the following low Guay Gui 1 confirms the statementand says he piainly heard the boy giving the warning. This wou!ld indicate that the | first siory of Julian's was correct recard- a gun, and it was not until this_motion al shot was ficed. received word th.s morn- lis Summerfield ot ad been appoinied to succzed the A. Jones as United Stiates rney for the District o ent of tha appc surprise in the Re lican camp, and from the tone of many ing Ne- int- of the oid-liners tlie apnointment does not seem to set well on their political stomachs. TRIAL OF SPRINIER WEFERS, | Kow There Is Only One Witness £gainst conference, which was the immediate oc- | casion for the Canadian Premier’s present | visitto Washington. Among the causes of friction between | the two countries is the guestion of the rights of cit sue business caliing the other and the tari in the territory of if question. The conference this afiernoon was brought about by a note which Secretary Sherman this morning sent to Sir Wiitrid Laurier, asking him 1f it would be conve- nient to the latter to meet the Secretary this afternoon. The Canadian Premier respondad the affirmative. The con- ferencs acc 1ely began at1:30 P o in State Dapartment. . Bherman and Sia Wilfrid were tc- gether for two hours. Itcan be stated on authority that the discussian wasdavoted 10 the consideration of the many impor- tant questions affecting the general rela- tions between the United States ahd Canads. In such a discussion the Secre- tery of State and the Canadian Premier found themselves in much accord. Mr. Suherman has iong fayored ti e most cor- disl relations bstween the United States and Canada, having been, while in the Benate, author of | several reso.utions in that direction. Sir Wilfrid has been ths conspicuous exponent of the same view in Canada. It was realiz:d on both sides, Lowever, that was not one which could bring immediate results, 2s many of the wvorder con- troversies are of long standing and many vractical difficuities were in the w. of settiement. The purpose, however, he discussion now opened | ns of either country to pur- | ! was | 10 approach the general subject in a spirit | of friendliness ar ways and meuns or dealing wi h the nu- iallow this to develop | merous qu ns relating o both coun- tries, namely, border immigration, re-| ciprocity, fisheries rights, the railway b ling privil pe, ete. In view of cab.e reports from London stating that Mr. Chamberlain, Secretary of S.ate for the Colonies in the Ralisbury Cabinet, had expressed to Lord Aberdeen, | Gtovern approval cf any move by Sir Wilfrid Laurier looking to placing the United Siates on the same basis us Great Britain in tarff affairs, tne matier wa< called to the attention of Canadian officials. In response, an authoritative statement was made that no such disapproval had been expressed by the imperial suthorities and that Lord Aberdeen had received no noti- fication from Mr Chamuverlain or other authority, 2s his Lordsh:p was wit . mem- bers of the Laurier party up to the time they left Ouawe, and no mention was made of any such disapprooration from nperial qua ex Wedt, MONTREAL, Nov. 11. — Speaker {homas B. Reed left by the Pacific Jress yesterday in a private car. He will zo through to the Coast, and, after seeing the situation of affairsin tbe West, wili | return to Washington in time for the -jening of Congress. e -————— To Cure a € 1d in One Day Toke Laxative Bromo Quinine Tablets. Drug- 3sts Tefund the money AL it falls to care, 25¢.* r-General of Canada, strone dis- | | almost the Champion That Ke Charged Money for His Appearance. NEW YORK, Nov. 1L.—The trial of B. J. Wefers, champion amateur sprinter, will be held at the Astor House on Saturday before the Amateur Athletic Union regis- tration committee, Messrs. Kelley, Babb, Yisbburn, Sullivan and Dr. Gulick. Wefers, who has been accused of sharing in the gate receip!s and of charging money for Lis appearance at athletic games, flatly denies the charges and will be defended at the trial by Captain Bartow S. Weeks of New York Professio are said to have made the charges have refused and now say that they have nothing against Wefers and know nothing about him. Thbe only man willing to come for- ward is Mr. Aborn of Worcester, who is nnknown to tne athletic woria. He claims that Welers' brother came to him and offered the services of the cnam- pion for q iite a large monetary considera- | { tion. Avorn declined to pay ior the pres- ence of tne champion. { cannot substantiate his cnarges the case against tue record: breaker will undoubt- edly be dismissed. The secretary says the investigation will take place whether there are any witnesses against Wefers or nor. QUARANTINES 4BOLISHED. Cnce More New Orleans City Is Open to the Wor d, as the Fever Is Abating. NEW ORLEA) 1L.—The city Board of Healih to-night by resolution abolished all guarantines of whatsoever nature, both territorial and house, within the confines of its jori-diction. This does away with all euards in the city and throws New Orleans open to the world. There were twelve new ca-es of yellow fever here 10-day and a slight increase in the number of deaths, six cases terminat- ing farally. The dead: Maria Guisnina, Mrs. Auna Peterson, Tillie Faire, L. A, Burdette, Cari Ritter and C. A. Price. The Siate of Alabama reports but case and one death to-day, both at bile, ana the City of Montgomery raised its quarantine against Mobile New Orleans. Mississippi Edwards. one Mo- has aund reports one new cas: at et To Preserve Landmarks. SAN JOSE, Nov. 11.—There was a well- attended meering at Germania Hall this evening, under the auspices of the Board of Trade, for the purpose of organizing a central Calitornia Landmarks Club, whose objzct shall be the preservation of historic landmarks. 3 William A. Beasley, Deputy District Attorney, presided, and appropriate speeches were made by W. A. Beasley, Fatver R. E. Kenna and Jobn W. Sulli- van, in behsli of the Native Sons, and Mrs. F. S. Angu- The following permanent officers were clected: Honorary President, Hon. James D Phetan; president, William A, Beas- iev; vice-president, Mrs, Carrie Stevens | Walier; secretary and manager, Mrs. F. 8. Angus; treasurer, First National Bank. The club intends 1o begin active work at once, as the greater portion of the audience present this evening joined the club, { the Guinan family in their | of trouble, and it was partiaily at bis | Miss | ashoe | nal athletes who | 1o appear before the committee, | If this witness | | The State Supreme i Cause to Court His Se SENT BACK TO MURDERERY ROW. A Legal Tangle That ‘Require Many Months to Unravel, May WILL TRY TO FORCE HALY T0 AC U Deputy Attorney-General Carter Plans a Move to Compel the Hanging of the Murderer To-Day. Theodore Durrant's attorneys have scored one more victory in the long fight for the young murderer’s life and he will not die upon the gallows to-day. Three times now the arm of the law has been stayed as it was about to place the halter around the neck of the slayer of Blanche Lamont, and upon this, the day that twenty-four hours ago seemed destined to be the last todawn upon him, finas his cas3 involved in a lecal tangle that may require months to unravel. The struggle was begun early ye:terday morning by Attorneys Dickinson and Boardman, on behalf of Durrant’s father, applying to the Unitid States Circuit Court for a writ of habess corpus. Argu- | ments were heard at the morning session by Judges Morrow and De Haven, and at | 2 0'clock Judge Morrow gave nis decision | denying the writ.and refusing to permit an appeal to the United States Supreme Court. | Durrant had lcst the first move, but E. N. D:uprey, his leading counsel, had gone | to Sacramento, where the State Supreme | Court is in session, and filed an a; plica- | | tion for a certificate of obable. cause to stay proceedings under an crder of the Bupreme Court, fixinz a day for the exe- | preme Court ol the United “iates upon the cution of the judgment oi death pro- sl : | s atinced by Buperior Judge Bihrs, | Lu{l‘ll ‘.h‘.p;;:.e :lr:d utirely different question Chief Justice Beatty delivered the 6pin- | " The oraer of the Superfor Court of the city ion of the court granting the certificate | and county of San Franciseo, mad: on the | asked for, and Durraat's life was spared | ior a time at jeast. | When Wa:d:n Hale of San Quentin |lcarned of the action of the Supreme Court he hunted up D2puty Attorney- General Carier, 1n the avsence of Attor- ney-General Fitzzerald, and requested an opinion as to whether the aciion of the ipreme Court was mandatory in staying the execution, but the deputy declined to give an opinion. | ” Atiorney Carler was preparing a coun- | move to checkmate that made by Deu- | prey, and, singularly enoueh, his plan, which he will atiempt to put into execu- tion this morning, consists of array ng the State Supreme Court against its | own judgment. Deputy Carter’s plan ’ is 10 2pply 10 the court for a writ of man- date compeliing Warden Hal: to carry | ouithe sentenceof death pronounced by | Judge Bahrs last Weduesday. | Under the law the court is obliged to | issue the writ, but prom:nent lawyers are | of the opinton tnat it wiil fail to serve its | L nippse Ao T oo tthe Sntenta | posed by Juage Bahrs, Warden Hale is | instructed to execute Durrant between | the hours of runrize and noon to-day. As the Supreme Court will not convene uniit | 11 o’clock, it will beimpossibie for Daputy | Carter 10 present his apbiication for a | writ ol mandate, argue the motion and | have it granted, aiJ get it to Warden Hale at San Quentin beiore the expiration | | of the time set by Judge Bahrs for ihe | | execution. Thus another complication | will be aaded to the cuse. | | The question has been raised whether | the action of the Supreme Court 1n stay- | ing the execution dues not bar for all time | the infliction of the death penalty upon Durrant, on the ground that he has al- seady been placed in jeopardy three times, and there ore, cannot be sentenced | again, but District Attorney Baraes sail | last night that ne cou!d be sentenced to | death a hundred times if necessary. | | The opinion was frequently expre sel | last evening_at hotels, c.ubs “and puulic | places that Durrant would never d'e on | the gallows. A manager of a leading life insurance company remarked, “You may say in Tue CALL that one iife company | considers Durrant a goo | risk.”’ Oue (I the most prominent attorneys of the city predicted that the sentence of death in the Durraut case would never be executed. In_this way he reasoned: | “Now that the Supreme Court has granted | the ceriificaie for probable cause of ap- peal the attorneys of Duarrant will have sixty days’ time to prepure the appeal. [t cainot go on the Januury calendar, and will therefore zo over until next Ju.y. Should the appeal be denied, as it will, no doubt, and the case | go hack to Judge Bahrs for re-| sentence, the same old tac.ics of de- lay, by appealing to the Circult Court and then going 10 the Uniied Staies Bupreme Court may be followed. The case can thus revolve as long as the defendant can | provide money to employ counsel. In this State a criminsl convicted of capital punishment can excape the gallows if he has money. The trath is that the Su- preme Court granted the ceriificate on a frivolous showing. There is nothiug in the point that the maundate of the United States Supreme Court should be certified to in the court of this State. On the very same point the S preme Court of New York decided that tne mandate was not for the benetit of the defendant and there- fore had nothing to do with the execaticn | of the judgment. Perhaps it would have | been tiie better policy on the part of Judge Bahrs 10 have awaited the arrival of the mandate, bu* the law does not require it 1o be considered.” There is some gossip to the effect that | Chief justice Beatty oi the State Supreme Court is conselentiously opposed to capi- tal punishment and that he refused once to concur in the juagment of the court in denying Durranta néw trial on appeal from Judge Murohy. Meanwhile Darrant has been removed from the condemned cell at San Q ientin and vccupies his old quarters in murder- ers' row, free from the annoyauce of tho deathwatch. e IN THE CIRCUIT COURT. Judges Morrow and De Haven De- cide the App catlon for Desiay Withcut Meri-. The first move in the Dursant matter was made vesterday morning before the opening of court in the Appraisers’ build- ing, when Attorneys Boardman and Dick- Stay the Execution | Inte any coustit | origiual judgment or warrant for its execu- tion, difecting that a defe:dant ther +hould be henged within forty-eight hon | on thix appea i ceeaings are null and vold. DURRANT SAVED FROM DEATH FOR THE THIRD TIME mere matters of error could not be and were not considered. There is yet another and independent con- sideration, calling for the issuance of the cer- tificate applied for. The order here under consideration is an order made sfter final judgment. Fiom snch an order an app 8l 10 this court lies. (Penal C de, section 1237.) From the date of the making of the order (he appellant 13 guaranteed by the law ten days in which to prepare and present n bill of eX- ceptions. (Penal Code, section 1174 ) 1t is not for one moment to be coutemplated thut this rizht, as secured ‘0 a defendan’, may be cut downaud destroyed by an order of court fixing the date of execution of a defend- ant within (his period. Under the law of tnis Siate it is & violation ofa defendant’s rights and a gross abuse of diseretion to -horten the Issues a Writ of Probable of ntence, that they intended to apply to the Circuit Court for a writ of habeas corpus. When the court was called to order Dis- trict Judge de Haven took his seat beside Judge Morrow as associate, anl the attor- neys presented ithe application for the writ. The petition wasa voluminousty;e- written document of ten Duges, Very ver- tose, as required by law, and very ex- piicit in its statements. It was signei by William A Daurrant, father of the condemned, and after his name came those of John H. Dickinson, E. N. Deuprey and L. H. Boardman. After reciting the facts the convietion | and the sentences the peiition weuton to | allege that tue sent-nc: was a double | judgment, namely, that of imrrisonment and of eapital punishment, and was con- | trary to law. It was also alleged that the | matter was now pending in the Supreme | Court of the State of Culifornia, | Itwasalleged al-o that Judge Babrsim- | posed his 1ast sentence before the niandate | of the Supreme Court of the United States | had bzen received. Attentlon was calied to the fact that by the laws o. California the execution | shou'd not take place less than sixty nor more than ninety days from the date of judgment. After Colonel D'ckinson had finished | readin: the petition Mr. Boardman ex- | vlaned the points suggested. He in- | formed the court that an apveal from the { judgment of Jast April was now pending vefore the Supreme Court of this State, Until that appeal had been decided the | execution should not take place. The hour of noon having arrived the court 100k & recess until 2 p. M | “Tue courtroom was crowded afler re- cess,and when ti e Judges took their seats Judge de Haven immediately began rea ing rem manuseript bis decision. It was as follows: The application for the writ in this proceed- ing does not present any Federal question. p:tition does notalleg: that the supreme Court of the United States did not, prior to November 10 of tais yesr, afirm the former order of this court refus.ng 'n 3sue a writ of hateas corpus in behuii of W H.T. Durrant, and indeed we take judicial notice that such | order was aflirmed Ly ‘he Supreme Court of the United States prior to said aate. That | order having bteen aflirmed, the Saperior Court of the ¢ity and_cotnty of Sna Francisco was not required to wait until the fi ing tn court of tne mandete of urt, snowing the fie: o 1 Inre Jrg ro, 140 U, . 1f no julgment nud_becn given by the Su- 10th inst. for the ex=cution of ‘Durrant on the 12 h ins'., may be, as suggested by couusel for the petitioner, without preced:nt, in 8o far it fixes a day sonearat hana as the time for such execation. But such order does not vio- tional rights of the said Dur- raut, the judgment upon which such order 1s based baviug been sfiirmed by the highest court of ihe S ate and (he Supreme Court of tne Uniied States having determined as it did in aflirming the former order of this eourt that such judgmentis not in violation of any rights secured to said Dur tby the constitution of tne United Siates Tue question as presented hiere is not tuesame as would arise upon au aiter toe rendition of the judgment or the i susnce of the warrant for iis execution. The avplication for the writ is refused. Then Mr. Boardman proceeded to make a la number of motions in order 1o have exceptions to save the rights of the defendant. He asked first for permission 10 apreal to the Bupreme Court of the United Siates on assignments cf error. Jud.e Morrow raled on all these mo- tio He said that the applicaiion for a writ of haveas corpus was without any merit and he would deny it. Then Mr. Boardman asked that the court sign the citation. This Judge Morrow refused to d>. The next offer by the counsel was that of a bond 1n $500 conditionea for the payment of costs and damages on appeal. Judge Morrow rejected ihe bond and instructed the ¢ erk not to accept or sign any papers whaiever. To all of these rulings Mr. Boardman took a formal ex- cevtion. Then the Judges rose, the law- yers gathered up their papers and with the spectators filed out of the room. THE MURDERER REPRIEVED Declision ¢f the State Supreme Court In Granting a Stay of Exacution. SACRAMENTO, Nov. 1l.—Attorney Eugene Deuprey appeared before the Supreme Court here to-day with a petition for a writ of probable cause in the case of Durrant, to stay the execution ordered by Judge Babrs. The petition was based on an uffitavit by Mrs. Durrant, the prisoner’s mother, setting forth that the order of Judge Bahrs was void, bacause when it was made the case of Durrant on appeal was pending in ihe United States Supreme Couri, and that there was norec- ord 1o show 1t had Leen disposed of. Bome other points were also raized. The court granted the win, directing a stay of exe- cution till further order, Justice Garoutte dissenting, Subsequently the following opinion was fi ed: This is an application for a certificate of prabab’e cause 10 stny proceedings under an order of the Superior Court fixing a day fur execution of the judgment of deaih hereto- fore pronounced against appelisnt. It 1s made to appear {rom the papers on fi'e aud presented tv us in support of this appiicatio tnat apreliant having been brouxht be ho Superior Court upon November 10, 1897, it was by that tribunal ordered thai the sentence of death be execu- ted upon him two days thereafier, to wit, upon Friduy, Novemb.r 12, 1897. In answer to the sintuiory demand made upon sppellant to show legni cause why the order suould notbe made he by his counsel offered evidence showiig that he had ap- pened to the Supreme Court of the United States from an order of the Circuit Court of the Ninth Judicisl Circuit, refusing his appli- ention for a writof habeas corpus,and iatro- ducin: in evidence the records of ‘the Circuit Couritending to show that {his appeal was siill pendingand undecided. Suchana nppesl wailc pend g stays the hands of the State and of tne State authorities. (United State. Revised Stain:, sections 763, 764, 765 and 766, iu re Shibuya Jugico, 140 United States, 291.) Agninst the evidence thus offered no counter showing whatever was made. It thus hav ing b en established that the appeal is pend- ing, it will be presumed to be still pending until the presumption is legaliy overcome. (C. C. P, seciion 1963, subdivision 32j. Therefore, so 1ar as the record now before us discloses the defendant was subjected to pro- ceedings in & matter sub judice before the Su preme Court of the United States. Such pro- (U. & Revised Statutes, sections 766.) In the pressnt case the question is not, What judic.al knowledge hus the Snpreme Court af tne United States its own deci- sions? but it is, What legal evidence was ad- duced before the Judge of the Superior Court to justily him ia pronouncing the order in question after a showing by appeilant that is appeal s'aying the hands of the State authorities was still pending? If he had no evidence warranting his sc:, and none ap- time. “For these reasons a certificate of proba- bie cause will {ssae. HENSHAW, J. We ¢ 3 BEATTY, (. MCFARLAN DURRANT IS HAPPY. Rec»ives the News of His Reprieve With Every Manifestation of J y. SAN QUENTIN PRISON, Nov. 11— Durrant awoke from a refreshing sleep about 6:30 o’clock this morning, and as soon as he opened his eyes he jumped from his couch and bid the men of the death watch a cheery good-morning. The murderer slept well. His guards said he nhardly moved during the night, and his sleep from the time he put his Bibie aside the might before until he awoke this morning was calm and peace- ful. He announced that he was ready for breakiast as soon as he had washed and dressed himself. He ate heartly, aund after his mornin: meal asked for paper | and pen and busied himself writing. Captain Eigar called on him early in the forenoon and Durrant again requested him to deliver his body after the execu- tion to s parents unmut:lated by a post- mortem cxamination, and not to lorget to burn the rope with which be should be hanged, The murderer said he would see no one during the day except his mother | and father. “I want to thank you, Captain,” he said, as Eligar prepared to leave him, or your kindness to me. I am prepared for the end of my life, and I hope (o at- tair the bles ed hereafter. I have tried to live a good life in this world, and I be: licve that when a man is conscientious in his beliefs and honorabie in his dealings with his fellow-men he need have no fear | for the future.” Soon after Captain Edgar left him Dr. Lnlmor, the prisun :urgeon, called at his ceil. ‘“If there is anything I can do for you, Durrant,” said the doctor, *'I am wiiling to do all in my power. Tf you feel that vou should require any stimulant 1o bear you up in the tinal ordeal do not hesitate to call for it.” | “I will not require it,”” repiied Durrant. *I hav: prepared myself for the eund of | this Iite and I hope for the future. Let | me thank you for yonr kindness to me.” He ate a_hearty dinner and after the meal wrote for an hour, then he took hs | Bible and was reading calmly, resting on | his cot, when the guards nanded hima | note announcing that the Supreme Court | had ordered a stav of execution. “Thank God. I thank God,” exciaimed | Durrant _as the little siip of paper that Captain Edgar sent to him teiling him of | his respite, fluttered from Lis hand and | the condemned man dropped to his knees | beside the couch in his ceil and fervently praved for a moment. Tears came to his i eyes, but ve quickly brushed them awuy and witn a firm tread stepped across the death chamber and shaking hands with the guard who carried the note to him, thankea him for ttue news he brought. *[ expected it. 1 hoped foritand it has come,” he said as he glanced around his| cell, and Le became as spiri ed as'aschool- | boy out for a holiday. “Itold my father I would not go to the pallows on Friday, and my words have proved true. I will not hang as Judge Babrs said I must.” For half an hour the murderer chatted | with his guards, and when the bell in the | tower near the jute mill announced the | supper hour Durrant said he had a fairly | cod appetite. A few minutes later a steaming and dainty lunch was brought | to the condemned ce!l, and Durrant was quite cheerful as he ate. **1 was almostcertain I would hear such news this afternoon,” he sad, as he picked over his food, “butif it Lad no: come I was prepared to meet t.e doom that was announced to be my fate. I was ready for it.”” As¢ Durrant waschatting with his gnards | hisold ¢:}l in murderers’ row was being | preparea to aga:n receive him. After his supper the three guards who had for a day been his death watch led him out of the condemned cell and down the long stair- way to the privon yard and over to Cap- tain Edgar’s oflice, About the time Darrant reached Cap- tain Edgar’s oftice Wa-den Hale, who had been all day in 8an Francisco, snd Mrs. Darrant, arrived at tne prison. Warden Hale had heard rumors of the stay of ex- ecution on the way from the ci and wher he landed from his carriaze a tele- gram was handed him officially an- nouncing the action of the court. Itread: | SACRANENTO, Nov. 11. | W. . Hale, Warden San Quentin Prison, Ca €ix Justic s have signea a certificate o prob- able cruse for Durrant’s appeal from the or- der of Judge Banrs. This stays execution, Order on the way. W. H. BEATTIE, Chief Justice. | The Warden doubted the authenticity of the dispatch and he wired to Privon Director Robert T. D:vlin at Sacramento to | corroborate it. This was the d1-patch he received from the Prison Director: ACRAMENTO, Nov. 11.—W. E Hale, Stote | Prison, San Quentin—Supreme Court has mede | anorder of probab.e cause and has stopped | all proceediugs until turther order of court, and accordingly vou will postpone execution, Ropert T. DEVLIN, Director. | Mrs. Durrant sat chatting with friends | in the office of the prison discussing the news from tie capital when a guard an- | nounced that the murderer was ready to receive his mother. She was ushered in through the priton gates by Captain Bir- lem, who acccmpanied her to the room | where her ~on was waiting. They rushed into each others arms, crying for joy, then | retired to a corner of the 100m and taiked in whispers for about a quarter of an! hour. The murderer was then taken to the cell he had long occupied in murderers’ row, and the captain of the yard announced to the friends waiting outside that Dur- rant had signitied that e would reiire at | once and would see no one. | “I could scarcely Leleve the news,” | said Mrs. Dnrrant, “'when it wes told to me on the uain on my way over to the prison. 1 had hoved for if, but had al- most g ven up in despair. The dispatch received by 1he Warden, which he read to me on my arrival here, assured me that it was correct and, of course, I sam glad., *‘I intended toremain with my son until late to-n:ght, then bid him farewel! in the morning if 1t shoud come to that. 1 propo-ed to remain with iriends near the prison until itw over, but now 1 will | retire with a happy heart, knowing that | my son will be spared to me longer than to-morrow."” The father of the murderer arrived on the late train from the city and reached the prison some time after Mra, Durrant had bade her boy good night. He made no effort to see his son, but simply sent word to bim #nnouncing his pleasure at the respite. Eugene Deuprey reached the prison about midnight on a tug from San Fran- cisco. He had with him a certified cog}' ol the wiit of probable cause issued by tbe Supreme Court. He attempted to arouse Warden Hale at his residence to personaily serve the pape:s on nim, but repeated rings oh the door bell iailed to awake bim. The attorney then routed out Captain Elgar and placed the official copy of the order in bis hand. I want no ielecrapn orders in mine,” said Deuvrey as he handed over the docu- ment. Edgar accepted the service, and Deuprey returned to his boat and started for home. pears on the record presented, then the order s certuinly erroneous and as such reversible inson informaily notified Judge Merrow upon this appeal; while in the Jugiro case g No Rem tiitur Yat. WASHINGTON, Ncv. 1L.—THE CaLn | | | |tobe a great success. | share of atiention. NEW TO-DAY. AN OPEN LETTER’ To MOTHERS. % WE ARE ASSERTING IN THE COURTS OUR RIGHT TO THE EXCLUSIVE USE OF THE WORD “CASTORIA,” AND “PITCHER'S CASTORIA,” AS OUR TRADE MARK. I, DR. SAMUEL. PITCHER, of Hyannis, Massachusetts, was the originator of *PITCHER'S CASTORIA" the sams that has.borne and does nowé{ — 0N every bear the fac-simile signature of 4/9% T8 Z er wrapper. This is the original “ PITCHER'S CASTORIA” which has been used in the homes of the mothers of America for over thirty years. LOOK CAREFULLY at the wrapper and see that itis the kind you have always bought, T on the and has the signature of % wrap- per. No one has authority from me to use my name except The Centaur Company of which Chas. H. Fletcher is President. March 8, 1897. a Clewiit Ffoklosrinn Do Not Be Deceived. Do not endanger the life of your child by accepting a cheap substitute which some druggist may offer y (because he makes a few more pennies on it), the P gredients of which even fe does not know. “The Kind You Have Always Bought” BEARS THE FAC-SIMILE SIGNATURE OF Gu insist on Having The Kind That Never Failed You w Yok ciTY. THE CENTAUR COMPANY. T MURRAY STREET. They correspordent ask»d the Clerk of ti= United States Supreme Court io-night if the remittitor in Durrant’s case hzd bzen sent to the California court. He suid: *No, and it will not be tor ihirty days dating from last Monday, for the attor- to be any better than it really was. di! not. It last night’s wo k hal been scie ally pianned the exterminatiy blithering umpa orgy of Donizett conid hardly have been more expeditious \“'y‘ldm not muke their motion in OPen | 5.d complete. Abramoff was conceuled couptyssmrovillebyllas it in the programme under the <umptuo Judze Fitzgerald na« gone to New York, | iy 0 of +in gnor V.ictorio Ieiean thereiore he could not be seen to-night. | - F! z-erald Explains. W YORK, Nov. 1L.—Attorney-Gen- | there were moments in his 3 of the pleihoric work of Comjostella that were fl and several of the ensemb dangerously near to eral Willism F. Fitzgerald of California Is | bein inoft and Agnorty's Fernandez in the city. Speaking to-night of the|Was not al eneath tolerance; but fixing of & time for the execution of Dur- | taken asa tody the company did its dr per! A 5 So did the audie ) e norny rant, he said: “The question of the | .;qeq henchmen of d siord who m necessity for u copy of the mandate of in2ss of applauding tie bad overas the United States Supreme Court being | and bad singers at all tir and the certified to the State Court before | o0d operas at any time but the right one the death sentence could be executed | were chamed into comuvarative i was raised by telegraph. I sent a| There was little clapping of hands message saving that it was not| g gingla bravo nor p=al of boc necessary. The habeas corpus proceed- | mar the solemnity of the occa ings are no part of the judgmentrecord | (On the music of Alfonso, which in the crs2. The judgment has stood and | weaithy with long, lingering tones, Civefi the sentenc: has stood th oughout this brought to bear histru tremo Death proceeding, which merely served to post- | wag leisure but positive. The gidiy pone the execution of the sentence. ! Leonora came to ven:eance in much the **All that was needed was the informa-!game corragatea way at the voice of Fan- tion that the appeal had failed to ailow | the court to set a new day for the execu- tion, and that information need not necessarily be imparted by servinga copy 0 the mandate of court, “It has been suzgested that the time granted Durrant to prepare for aeath was very short. He has had rerly two years since he was convicted and sentenced.” ton, and a young woman who celrbrates the' name of Olimpia Calcagni suffucated Inez. I was happy to atserve t included anothcr musical that has caused mucl seusitive peop . It is called “Sweet | Rosie O'Grady,” and the score will bear | me out that 185 ST FRANCS AR i porated it in the “Ah! I’ alto ardor” dnet in the second act. ASHTON STEVENS, Booths Were Crowded and the Tickets Sold Rap- idly. at the demise composition ffering among Cruelty to Children. Charles Aubertein, who lives at Sixth ard Stevenson streets, was yesterday convicted by Judge Conlan of cruelty to children aud or- dered to appear for sentence to-day. His wife was arrested yesterday afternoon on a simi cherge. Their six children, the oldest 13, have been placed i1 & public institutio Company M of the League of the Cross Oadets Attended in a Body. The fair at St Francis opened last nighkt, and from all indications it is likely The opening ad- dress was made by Father Finnigan. The large roomy basement was crowded all evening, and Company M of the Leacue of the Cross Cade's attended in a body. The boys did their duty manfuliy, buying tickets for everything in sight, from dolls to shaving muzs, The Sacred Heart booth, presided over by M ss Fitzsimmons, came in for a large | The tickets for the | large portrai of Father Caraber, which is to be raffled off the last night of the bazaar, were in particular demand. Another booth of interest, especially to the pboys, was presided over by I A. Buckley and J. J. Duddy, who did thei; best to teach the young idea to thoot— guns. The Journal, a bright little paper, published at the fair and edited by Mrs. P.J. Kennedy, mad» an insiantaneous hir, v ENLISTMENT. Many copies weiasold and a latie hum. | TYERE I8 A CASE THAT OCCURS DAILY ver of subscribers were secured. It will| This man has applied for admission to the have four issues duing ihe fair, and will | oriny anq the dootor hus rehuotantly to refus contain ail the official announcements | iy " jig ganerat health isall right, but and sl the news. At the Children of Mary booth silver | nervous system is shattered. Stra that a ok ¢ shou d be uniit for the : ditcount and go.d the standard, | ™A1 Who Icoks healthy shou ‘1‘”:; ’:i:ke-s for the $;':_’0 piece <o d";:‘s 1 army. But Uncie Sam must have whole men rate rapid enough id please the most ex- | —"'0thali men. This man is the victim of acting of boothkeeper , and Miss Dowling | f0!l1€s and the neglect to get proper ireatment was kept us busy zs any one couid nave | !N time. He was indisereet. No one Knows wished to b. The boail of the Rendin |Justin what waiy but himsell. B he ruined Circle,of which Mis~ Glynn has charge, | DI nervous system. He must cufferin conse- the refreshmen and caniy beoths ana | Guence. The HUDYAN ireatment would hav St. Francis bjo'h, pres.ded over resrect- | Fut his nerves fn normal con iition again, but ivelv Ly Mrs. Will am Nichols, Miss | he did not try it. Even the very worst cases Brougham an ! Mrs. Supple, ail came in | 1€ cured in an amazingly short space of for their share of patronuse. iime. Full confidence returns promptly and the The proxramme to-night is as follows: | full power of v gorous ma:hood asserts i self, Vocal solo, T. O'Brien; recitation, Miss Rena | LOOK your neighbor in the eve ouce again. Mascherini; vocal sol ', Mrs. E. J.'0'Conuell; | You know how weak you are. You know that darky songs, D. C. Sheerin; vocal soio, W. | you do not have refr ep. You know Coughlan; voeal solo, Master Liviugston. | that your bands trembl. ou know that you ere going from bad to worwe. Stop, manl i 43 | Stop! Tuink for w single moment what the [] T[] FAV end will be. Do vou want io loseall your s | vitalforce? HUDYAN wiltcure you. It will make you tuli of foy that you ere alive and s = able to perform all the work, all the duti of Donizetti’s Um-Pa Masterplece :u:::?inup"'.,(‘(ly-d:uu;d rather lie down than ¥, but in aweek y u woua't know yourself. The fire of lile shining in your eyes and on y ur face. The great joy of being iio longer a weakling will fill your sou HUDYAN cannot fail, no matter how much Officially Executed Last Night, You may Rave abusid the privileges wcn —_— :hmhdyu‘l{—-ik:' a:l other men—were ¢ TR e ased. Write and ask about it. Surely It is As Ifoel confident that “La Favorita’ | yorch thavmucn trondle. The besy ldont 1s now safely dead and buried, as far as | advice in the country free for the nskong, no this town is concerned, I suppose I HM er wh»l() dis & ou have. Ask for in: should appiaud the Italian singers at the | jorbiood taine = Noerr.s @y blood cure : als { for blood taint. Nocharge. California Theater f:r not making 1t out | Hudson Medical Institute, Stockton, Ellis and Market SAN FRANCISCO, CAL. “HUDYAN" DIED. GREY—Inthis cliy, November 11, 1897, at her residence, 1304 Post street, Mri. Sarah M. Grey, grandmother of Mrs. Tobay, G. Hughes and Mrs Camille Bourget, a native of Ocange and <30 - Day Blood circulars and testimonials ure Write to-day sure. Couniy, New York, aged 88 years 2 months and 21 days. A& Notice of funeral her. Cure’’ froe.