The San Francisco call. [volume], November 12, 1897, Page 4, Image 4

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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4
AMERICA'S
CONTENTION
IS PROVED
Telling Statistics Are
Submitted at the
Conference.
SEAL HERDS BEING
WIPED OUT.
Figures in Reference to the
Season's Catch Show a
Rapid Decrease.
LAURIER < CONFERS WITH
SHERMAN.
They Are In Accord In the Discus
sion cf Matters Affecting: Canada
and the United States.
Special Dispatch to The Call.
Cam. Office. Riggs House,!
Washington, Nov. 11. i"
The sealing conference began at 11
o'clock to-day with a full representation
of thu British, Canadian and American
officials. For the first time the statistics
of the catch of seals of the present year
were available. These were compiled by
the American officials, and they brought
out prominently two features regardfd as
most important in supporting the Ameri
can contention, namely, that the catch
nad fallen off about one-half during the
present season, showing conclusively, in
the opinion of the American representa
tives, that the teal herds were being
rapidly wiped out; and, second, that the
catch of seals from the American islands
in Bering Sea was about 15 to 1 as between
the Canadian sealers under the British
flag and American sealers. The same
proportion was shown to exist throughout
the waters of the North Pacific.
■JJIn detail the figures for tnis season's
catch, now made available for the hrst
time, are as follows:
Total catch of seals in 'he North Pacific
for the present season, 38,700, as against
73.000 for last year. The total catch tins
year is divided as follows: Taken by
British vessel*. 30,800; by American ves
sels, 4100; by Japanese vessels, 3800. The
catch in Behring Sea, which is the portion
of ihe North Pacific in which the United
States is interested, is 16,150 for the pres
ent season, ns against "9 500 for last sea
son — a reduction of about one-half. Of
the catch in he Bering Sea, British ves
sels tock 16,600 and American vessels IGSO.
The figures make no distinction between
British and Canadian vessels, as practi
cally ali the sealing in done by Canadian
vessel-, which, however, are nominally
classed as British.
The falling off of about a half in the
total catcti both in Bering Sea and tbe
North Pacific is said to bo most sig
nificant unuer the circumstance*. The
present season is a better one, the experts
say, for taking seals than last season.
The same regulations apply this season as
last. Under these circumstances it is said
that (the conclusion to be drawn from this
year's figures is that the seal herd has
been reduced by indiscriminate slaughter
at the alarming rate of about one-half
during the last year.
In this connection it should be stated
that Secretary Sherman and Sir Wilfrid
Laurier this afternoon began the first of a
formal series of conferences for the pur
pose of bringing about an agreement by
which as mat as possible of the ques
tions now causing friction betweon the
United States and the Dominion of Can
ada may bs amicably settled by treaty or
otherwise. Tbe;e conferences will be in
dependent of the Bering Saa seal fisheries
conference, which was the Immediate oc
cision for the Canadian Premier's present
visit to Washington.
Among the causes of friction between
the two countries is the question of the
rights of citizens of either country to pur
sue business callings in the territory of
the other and the tariff question.
The conference this afternoon was
brought about by a note winch Secretary
Sherman this morning sent to Sir Wilfrid
Laurier, asking him if it would be conve
nient to the latter to meet the Secretary
this afternoon. The Canadian Premier
responded in the affirmative. The con
ferencs accordingly began at 1:30 T. 11. in
the State Department.
Mr. Sherman and Sia Wilfrid were to
gether for two hours. It can be slated on
authority that the discussian was devoted
to the consideration of the many impor
tant questions affecting the general rela
tions between the United States ahd
Canada. In such a discussion the Secre
tary of State nnd the Canadian Premier
found themselves in much accord. Mr.
Sherman has long favored ti e most cor
dial relations between the United States
and Canada, having been, while in the
Senate, author of I several resolutions in
that direction. Sir Wilfrid has been th-»
conspicuous exponent of he same view in
Canada. It was realized on both sides,
however, that the discussion now opened
was not one which could bring immediate
results, as many of the border con
troversies are of long standing and many
practical difficulties were in the way of
settlement. The purpose, howeve-, was
to approach the general subject in a spirit
of friendliness and allow this to develop
ways and means ior dealing wi h the nu
merous questions relating io both coun
tries, namely, border immigration, re
ciprocity, fisheries rights, the railway
bonding privil ge, etc.
In view of cab reports from London
stating that Mr. Chamberlain, Secretary
ol S ate for the Colonies in th- Salisbury
Cabinet, had expressed to Lord Aberdeen,
Governor-Geneial of Canada, strong dis
approval cl any move by Sir Wilfrid
Laurier looking to placing the Uniied
States on the same basis us Great Britain
in tar. ff affairs, tne matter wav called to
the attention of Canadian official*. In
response, an authoritative statement was
rttade that no such disapproval had been
expressed by the imperial authorities and
that Lord Aberdeen had received no noti
fication from Mr. Chamberlain or other
authority, as his Lordship was wit . mem
ber of the Laurier party up to the time
they left Ottawa, and no mention was
made of any such disapprobation from
perial quartets.
fipettlier Herd Goes If'p.f.
MONTREAL, Nov. 11. — Speaker j
Chomas B. Reed left by the Pacific Ex
press yesterday in a private car. lie will
jo through to the Cmst, and, after seeing
the situation of affairs in the Wait, will
return to Washington in time for the
-Idling of Congress.
— *>♦*»'
To Cure a C Id in One Day
Tske Laxative Bromo Quinine Tablets. Drug.
4sts refund the money if it fails to cure, -^&c*
GUINAN TO
BE HEARD
MONDAY
Sympathy of the Carson
People With the
Young Man.
JONES' FATHER NOT
VINDICTIVE.
■
Crushed by Grief at the Out
come of the Unfor
tunate Affair.
STORY OF THE TRAGEDY
IS TOLD AGAIN.
The Bey's Narrative Supported by
His Brother and Sister.
Jones' Successor.
special Dispatch to The Cam..
CARSON, Nov. 11.— This morning the
preliminary < lamination of Julian
Guinan, before Justice Stcne, was called.
Upon a motion of Attorney Chartz the
case was postponed until Monday morn
ing at 10 o'clock. The postponement of
the case was at the suggestion of tha de
fense from the fact that the funeral of the
late Charles A. Jones was to take nlace in
Reno to-morrow and the dtfense did not
want to teem to be rusning matters.
J. E. Jones, father of the lato D strict
Attorney, has expressed himself as deeply
grieved at the sad outcome of the affair,
but furthermore does not feel any ani
mosity toward the Guinan family In their
hour of trouble, and it was partially at his
suggestion that the ca-e was postponed.
Mr. Jones has further intimated that he is
not averse to Julian Guinan being ad
mitted to bail, as he does not wish to show
any personal antagonism toward the
boy, although Mr, Jones is broken down
with his own grief.
To-day the boy gave the following
story, which is corroborated by his sifter
Jessie and his brother Guy: As the boy
was in the window watching the meeting
of his sister and Charles Jones he saw his
father coming, and called out to Miss
Jessie that such was the case. Neither
party paid any attention to the warning I
and it was repeated a second time. To I
this second warning no attention was !
given, and in a moment the doctor was in
sight of the two.
Guy Gninan confirms the statement and
says he plainly, beard the boy giving the
warning. Tim would indicate that the
tirst story of Julian's was correct regard
ing me motion of Jones as if to reach for
[ a gun, and it was not until this motion
was made ihat the fatal shot was hied.
Judge Hawley received word this morn
ing that Surdis Summerheld oi Washoe
County had leen appointed to succeed the
late Charles A. Jones as United States
District Attorney for the District of Ne
vada. The announcement of the appoint
ment came as a surprise in the Repub
lican camp, and from the tone of many
of the old-liners the appointment does
not seem to set well on their political i
stomachs. - ■ ■
TRIAL OF IPRItitR WEFERS,
How There Is Only One Witness Against
the Champion That He Charged
Money for His Appearance.
NEW YORK, Nov. 11.— The trial of B. J.
\Vefers, champion amateur sprinter, will
be held at the Astor House on Saturday
before the Amateur Athletic Union regis
tration committee, Messrs. Kelley, Babb,
Fishburn, Sullivan and Dr. Gulick.
Wefers, who lias been accused of sharing
in the gate rtceipis and of charging money
for his appearance at athletic games, flatly
denies the charges and will be defended
at the trial by Captain Barlow S. Weeks
of New York Professional athletes who
are said to have made the charges have
refused to appear before the committee,
and now say that they have nothing
aeaiust Wefers and know nothing about
him. The only man willing to come lor
ward is Mr. A born of Woicester, who is
almost unknown to the athletic world.
He claims that We:ers' brother came to
him and offered the services of the cnam
pion for q ite a large monetary considera
tion. Abort! declined to pay lor the pres- I
ence ol the champion, If this witness
cannot substantiate his char-jen the case
against tne record-breaker will undoubt
edly be dismissed. The secretary says the
investigation will take place whether there
are any witnesses against Wefers or not.
QUA RAMT ABOLISHED.
Cnce More Hew Orleans City Is Open
to the Wor d, as the Fever
Is Abating.
NEW ORLEANS. Nov. 11.— The city-
Board of Health to-night by resolution
abolished all quarantines of whatsoever
nature, both territorial and house, within
the confine* of its diction. This does
away witn all etiards in ihe city and
throws New Orleans open to the world.
There were twelve new ca^es of yellow
fever here to-day and a slight increase in
the number of deaths, six cases terminat
ing fatally. The dead: Maria Guisnina,
Mrs. Anna Peterson, Til lie Faire, L. A.
Burdette, Carl Bitter and C. A. Price.
The State of Alabama reports but one
case and one death to-day, both at Mo
bile, and the City of Montgomery has
raised its quarantine against Mobile and
New Orleans.
Mississippi reports one new casts at
Edwards.
To Preserve Lniidtiiarlta.
SAN JOSE, Nov. 11.— There was a well
attended meeting at Germania Hall this
evening, under the auspices of the Board
of Trade, for tbe purpose of organizing a
central Caliiornia Landmarks Club, whose
object shall be the preservation oi historic
landmarks.
William A. Beasley, Deputy District
Attorney, presided, and appropriate
speeches were made by W. A. Beasley,
Father R. E. Kenna and John W. Sulli
van, in behalf of the Native Sons, and
Mrs. F. S. >nguj.
The following permanent oflicers were
elected: Honorary President, Hon. James
D Phelan; president, William A. Bens
l"v; vice-president, Mrs. Carrie Stevens
Walter; secretary and manager, Mr.«. F.
S. Angus; treasurer, First National Bank.
The club intends to begin active work
at once, as the greater portion of the
audience present this evening pined the
club.
THE SAN FRANCISCO CALL, FRIDAY, NOVEMBER 12, 1897.
DURRANT SAVED
FROM DEATH FOR
THE THIRD TIME
The State Supreme Court Issues a Writ of Probable
Cause to Stay the Execution of
His Sentence.
"■..-■..;:*■■->■—■■---- ::•■:■■ " ■* ■ .
SE\T BACK TO MURDERERS' ROW.
A Legal Tangle That May
Require Many Months
to Unravel. -
Will TRY TO FORCE IULK TO ACT.
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 mat
twenty-four hours ago seemed destined io
be the last to dawn upon him, linos his
casa involved in a legal tangle that may
require months io unravel.
The snuggle was begun early yesterday
morning by Attorneys Dickinson and
Boardman, on behalf of Durrant's father,
applying to she Unitid States Circuit
Court for a writ of habeas corpus. Argu
ments were heard at the morning session
by Judgts Morrow and Do Haven, and at
2 o'clock Judge Morrow gave his decision
denying ihe writ -and refusing lo permit
an appeal to the United Stales Supreme
Court.
Durrant had lest (he first move, but E.
N. D.'iiprey, his leading counsel, had gone
10 Sacramento, where the State Supreme
Court is in session, and filed an aj plica
tion for a certificate of probaole. cause to
stay proceedings under an order of the
Supreme Court, fixing a day fot- the exe
cution of the judgment oi death pro
nounced by Superior Judge B ihrs.
Chief Justice Beatty delivered the opin
ion of the court granting the certificate
asked for, and Durrani's life was spared
lor a time at least.
When Wa d-n Hale of San Quentin
learned of the action of the Supreme
Court he hunted up Deputy Attorney-
General Carter, in the aosence of Attor
ney-General Fitzgerald, and requested an
opinion as to whether the action of the
Supreme Court was mandatory in staying
the execution, but the deputy declined to
give an opinion.
Attorney Carter was preparing a coun
ter-move to checkmate mat made hy Deu- !
prey, and, singularly enoush, his plan, '
which he will attempt to put into execu
tion this morning, consists of array. ng :
the Slate Supreme Court against its j
own judgment. Deputy Carter's plan
is to ppp'y to the couit for a writ of man
date compel. Warden Hal- to carry
out tbe sentenceof death pronounced by
Judge Bahrs last Wednesday.
Under i lie law the court is obliged to |
issue the writ, tut prominent lawyers are I
of the opinion tnat it will fail to serve its j
purpose. According to the sentence im- !
posed by Judge Bahrs, \Varden Hale is ;
instructed 10 execute Durrant between
tbe h< urs of mnrise anil noon to-day. As
the Supreme Court will not convene until I
11 o'clock, it will be impossible lor Deputy
Carter to present his app.icaiion for a
writ ol mandate, argue the motion and
have it granted, ai.d get it to Warden '
Hale at San Quentin bsiora the expiration
of the time set by Judge Bahrs for the '.
execution. Thus another complication
Will be added to the case.
The question has been raised whether j
the action oi the Supreme Court in stay- !
ing tho» execution does not bar for all lime
the infliction of the death penalty upon
Durrant, on the ground that he has al
leady been placed in jeopardy three
times, and there ore, cannot be sentenced
again, but District Attorney Barnes sail
last night that ice could be sentenced to
death a hundred times if necessary.
The opinion wn3 frequently expre nei
last evening at hotels, cubs and public
places that Durrant would never d c on
the callows. A manager of a lending life
insurance company remarked, "You may
say in The Call that one iife company
considers Durrant ag o 1 risk."
One cf the most prominent attorneys of
the city predicted th<-t the sentence of
death in the Durraut case would never be
executed, In this way he reasoned: j
"Now thatthe Supreme Court has grained j
the certificate for probable cause of ap
peal the attorneys of Durrant will have
sixty days' time to prepare the appeal. It
cannot go on the January cslehdar, and
will therefore co over until next July.
Should the appeal be denied, as
it wilt, no doubt, and the case
go hack to Judge Bahrs for re
sentence, the same old lac ies of de
lay, by appealing to the Circuit Court and
then going io the United Slates Supreme
Court may be lowed. The case can j
thus revolve as lung as the defendant can j
provide money to employ counsel. In I
this State a criminal convicted of capital i
punishment can escape the gallows if ha j
has money. The truth is that the bu
pieme Court granted the certificate on a
frivolous showing. There is nothing in
the point that the mandate of the United
Stales Supreme Court should be certified i
to in the court of this State. On the very !
same point the S preme Court of Mow
York decided that tne mandate was not j
for the benefit of the defendant and there- j
lore hod nothing to do with the execution
of the judgment. Perhaps it would have
been tiie belter policy on ihe part of Judge
Bahrs to have awaited the arrival of the
mandate, but. the law does not require it
to be considered."
There is some gossip to the effect that
Chief Justice Beatty ot the Stale Supreme
Court is conscientiously opposed to capi
tal punishment and that he refused once
to concur in the judgment of the court in
denying Durrant a new trial on appeal
from Judge Murphy.
Meanwhile Dar rant has been removed
from the condemned cell at San Q lentin
and occupies his old quarters In murder
ers' row, free from the annoyance of iho
deathwaich.
IN THE CIRCUIT COURT.
Judges Morrow and Da Haven De
cide the App cation for Delay
Without M*rl'.
The first move in the Durrant matter
was made yesterday morning before the
opening of court in the Appraisers' build
ing, when Attorneys Boardman and Dick
inson informally notified Judge Morrow
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, on 1 the attor
neys presented the application for the
writ. The petition was a voluminous tyi e
written document of tei) pages, very ver
bose, as required by law. and very ex
plicit in its stfitement-c.
It was signe l by William A Durrant,
father of the condemned, and after his
name enmo those of John H. Dickinson,
E. N. Deuprey and L. H. Boardman.
' After reciting tne facts of the conviction
and the sentences the petition wenton to'
allege that the seiitiiics was a double
judgment, namely, that of imprisonment
. and of capital punishment, and was con
' j trary to law. It was also alleged that the
matter was now pending in the Supreme
Court ot the State of California.
It was alleged al-o that Judge Bahrs im
posed his lust sentence before the mandate
of the Supreme Court of the United States
had btten received.
Attention was called to the fact that by
the laws o. California the execution
' I should not take place less than sixty nor
' more than ninety days from the date of
' judgment.
i After Colonel D ckinson had finished
• readin.- the petition Mr. Boardman rx
, ! plained the points suggested. He in
' j formed the court that an appeal from the
■ judgment of last April was now pending
' ; "efore the Supreme Court ol this State.
> j Until that appeal had been decided th"
execution should not take place.
The hour of noon having arrived the
court took a recess until - p. m.
The courtroom was crowded after re
; cess, and when lie Judges took their seats
Judge de Haven immediately began read
ing ircm manuscript his decision. It was
, | as follows:
The application for the writ in this proceed
j ing does not present any Federal question.
Toe p.-titicin does not allegj that the .Supreme
('hum of the [Jolted States did not, prior to
November 10 of tills ear. affirm tho former
. order of this court refusing <"> issue a writ of
] hat eas .corpus in behalf of \V. 11. 1. Durrani,
and indeed we take judicial notice that such
j order was allirmed by ihe Supreme Court of
the United States prior tv said uate. That
order having teen affirmed, the Superior
. court of the city and couniy of San Francisco
> wns not required to watt until lh- fi ing in
this court of the mandate of fie Supreme
Court, snowing the lie of such & nuance.
In re Ji-g ro, 140 C. 8, 291.
If no israelii mnl br-uii given by the Su
| preme Court ol the United Mates upon tne
I former ftppea', an entirety different question
I would be pesenicd
The oraer of the Superior Court of thecity
j and county of S*n FranclßO", mail.' on the
lOth lust, lor the ex •uuion of Durrant on the
12 h ins., may be, as suggested by counsellor
| the petitioner, without precedent, in so far as
i it fixe* a day so near at ha no as the lime for
such execution. But such order does not vio
j late any constitutional rights of the said l»ur
rant, the judgment upon which such order is
ba*ed having been affirmed by the highest
court of ibb S ate and ihe Supreme Court of
trie United states having determined as it did
in affirming ihe former order of this courl that
, sue judgment is not in violation of any rights
j secured to said Durrani by the constitution of
; tne United States T.ie question as presented
here Is not the same as would arise upon i...
origiual judgment or wairanl for Its execu
tion, directing that a deft- dam therein
: should be hanged within forty-eight hours
> aner tne rendition of the Judgment or the is
suance of the warrant for li is execution.
The application for the writ is refused.
Th*n Mr. Boardman proceeded to make
a large number of motions in order to
have exceptions to save the rights of the
defendant. He asked lirst tor permission
to apt eal to the Supreme Court of ihe
| United Sate on assignments cf error.
Jiid„e Morrow ruled on all these mo
; tions. He said that the application for a
writ of habeas 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 |
dj. The next offer by the counsel was
j that of a bond in $500 conditioned for the
i payment of costs and damages on appeal.
Judge Morrow rejected the bond and
instructed the ccrk not to accept or sign
! any papers whatever. To all of these
! rulings Mr. Boardman look a formal ex
! ception. Then the Judges rose, the law
j yers -gathered up their papers and with
'. the spectators tiled out of the room.
THE MURDERER REPRIEVED
Decision rf the State Supreme
Court In Granting a Stay of
Execution.
SACRAMENTO, Nov. 11.— 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 Bahrs. The petition was based on
an uffl lavit by Mrs. Durrant, the
prisoner's mother, setting forth that the
ordtr of Judge Bahrs was void, bscause
when it was made the case of Durrani on
appeal was pending in ehe United States
Supreme Courl, and that there was no rec
ord to show it had Leen disposed of. Some
other points were also raised. The court
granted the wn*, directing a stay of exe
cu tion till fuither order. Justice Garonne
dissenting. Subsequently the following
opinion was fi ed :
Tins is an application for a certificate of
pro babe cause to stay proceedings under an
order of the Superior Court fixing a day lor
execution of the judgment of death hereto
fore pronouiic-d against appellant.
It is made to appear from the papers on fie
on this appeal, and presented to us In support
of this application, tnat appellant, having
been brought beiore tha Superior Court upon
November 10, 1897, it was by that tribunal
ordered thai the sentence of death be execu
ted upon him ttvudnic thereafter, to wit, upon
Friday, Novumb.T 12. 1897.
In answer to the statutory demand made
upon appellant to show legal cause why the
order should not be made he by his counsel
offered evidence showing that he had ap
pealed to the Supreme Court of the United
i States from an order of the Circuit Court of
I the Ninth Judicial Circuit, refusing his appli-
I cation fora writ of habeas corpus, and tro-
I ducm; in evidence the record* of tho Circuit
Court tending to show that this appeal was
still pending and undecided. Such an appeal
Waile pend ng Slavs the hands of the State
and of tne- State authorities. (United States
I Revised Statutes, sections 763, 764, 765 and
| 766; iv re Shibuya Jugiro, 140 United States,
201.)
i Against the evidence thus offored 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 legally overcome.
(0. C. P., section 1963, subdivision 32).
Therefore, so tar as the record now before us
discloses the defendant was subjected to pro
ceedings In a matter sub judice before the Su.
preme Court of the United States. Such pro
: ceedings are null mid void. (U. B. Revised i
Statutes, sections 766.)
In the present esse the question is not, *
What judical knowledge has the Supremo
Court of tne United States oi Its own dcci-
I sions? but It is. What legal evidence was a 1
| duced before the Judge of the Superior Court
| tojtisiuy him in pionouucuig the order in
i question after a showing by appellant that
»ils. appeal staying the hands of the State
authorities was still pending? If he had no
evidence warranting his r.ct, and none ap
pears on the record presented, then the order
is certainly erroneous and as such reversible
upon this appeal; while lv the Jugiro case.
mere matters of error coull not be and were
not considered.
There ls yet another and independent con
sideration, calling for the issuance of the cer
tificate applied for. The order hereunder
consideration ls an order made after final
judgment. Fiom such an order an app » 1 to
this court lies. (P.-nnl C de, section 1237.)
Prom the date oi the making of the order the
appellant is guaranteed by the law ten days
in which to prepare and present a bill of ex
ceptions. (Penal Code, section 117-4 )
It is not for one moment to be contemplated
that this rig lit, as secured to a defendant, may
be cut down and destroyed by an order of
court fixing the date of execution of a defend
ant within this period. Under the law of tnis
State it is a violation of a defendant's rights
and a gross abuse of discretion to -horten the
time. For these reasons a certificate of proba
ble cause will issue. Henshaw, J.
We concur :
Temple, J. J.
Van i-i.ket, J.
Harrison, J.
Beatty, r. J.
Mcl'arlan'd, J.
DURRANT 13 HAPPY.
Receives 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 tne men of the
death watch a cheery good-morning.
The murderer slept well. His guards
said he hardly moved during the night,
and his sleep from the time he put his
Bible aside the night before until he
awoke this morning was calm and peace
ful. He announced that he was ready for
breaklast as soon as be had washed and
dressed himself. He ate heartily, and
after Ins mornin*- meal asked lor paper
and pen and busied himself writing.
Captain Elgar called on him early in
the lorenoon and Durrant again requested
him to deliver his body after t.he execu
tion to his parents unmut luted by a post- ;
mortem examination, and not to lorget to ;
burn the rope with which he should be
hanged. The murderer said he would see
no one during the day except his mother
and father.
"I want to thank yon, Captain," he
said, as Edgar prepared to leave him,
"for your kindness to me. lam prepared
for the end of my life, and I hope to at
tain ihe bles ed hereafter. I have tried to
live a good life in this world, and I be
lieve that when a man is conscientious in .
his beliefs and honorable in his dealings
with his fellow-men he need have no fear
for the future."
boon after Captain Edgar left him Dr.
Lawlor, the prison surgeon, called at his
ceil.
"If theie is anything I can do for you,
Durrant," said the doctor. "I am willing
to do all in my power. If you feel that
you should require any stimulant to bear
you up in the tinal ordeal do not hesitate
to call for it."
"I will not require it," replied Durrant.
"I lihtj prepared myself for the end of
this life and I hopo for the future. Let
me thank you for yonr kindness to me."
He aie a hearty dinner and after the
meal wrote for an hour, tben he took h s
Bible and was reading calmly, resting on
his cot, wben the guards handed him a
note announcing that ihe Supreme Court
had ordered a Slav of execution.
'•Thank God. I thank God," exclaimed
Durrant as the little slip of paper that
Captain Edgar sent to him telling him of
his resDite, fluttered from his hand and
the condemned man dropped to his knees
beside the couch in his ceil and fervently
prayed for a moment. Tears came to his
eyes, but i c quickly brushed them away
and witu a linn tread stepped across the
death chamber and shaking hands with
the guard who carried the note to him,
thanked him for the news he brought.
"I expected it. I hoped for it and it has
come,'' he said as he glanced around bis
cell, and he became as spin ed asa school
boy out for a holiday. "I told mv father
I would not go to the gallows on Friday,
and my words have proved true. I will
not hang as Judge Bahrs said I must."
For half an hour the murderer chatted
with his guards, and when the bell in the j
tower near the jute mill announced the ;
supper hour Dai rant said he had a fairly
gcod appetite. A few minutes later "a j
steaming and dainty lunch was brought
to the condemned cell, and Darrant was '
quite ciieeiful as he ate.
"1 was almostcertain I would hear such
news this afternoon,'" he sa d, as he !
picked over his food, "but if it had no: !
come I was prepared to meet t.e doom ;
that was announced to be my fate. I was j
ready lor it."
A*, Durrant was chatting with his guards
his old C'U in murderers' row was being !
prepared to again receive him. After his 1
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 prison yard and over to Cap
tain Edgar's office.
About the time Darr.int reached Cap
tain Edgar's office Waden Hale, who had
been all day in San Francisco, and Mrs.
Durrant, arrived at tne prison. Warden
Hale bad heard rumors of the stay of ex
ecution on the way from tin* city, and
when ha landed from his carriage tele
gram was handed him officially an
nouncing th"? action of tbo court. It read : i
Sacramento, Nov. 11. !
JU. "J. Hale, Warden San Qutntin Prison, Ca'. :
fix Justic.s have sienea a certificate ol prob
able cause for Duirunt's appeal from or
der of Judge Bahrs. This stays execution.
Order on the way.
W. H. Beattie, Chief Justice.
The Warden doubted the authenticity
of the dl«patch ami he wired to Prison
Director Robert T. Divlin at Sacramento to |
corroborate it. This was the dispatch he
received from tbe Prison Director:
SACRAMENTO. Nov. 11.— If. E. Hale, State
Piison, San Qitentt'n— -Supreme Court has made
an order of probab.e cause aud has stopped I
all proceedings until urltier order of court,
and accordingly you will postpone execution! !
Robert T. Devlin, Director.
Mrs. Durrant sat chatting with friends '
in the office of the prison discussing the '
news lrom tie capital when a guard an- j
nounced that the murderer was ready to j
receive his mother. She was ushered in i
through the prison gates by Captain Br- j
lem, who acompanled her to the room
Where her son was waiting. They rushed i
into each others arms, crying for joy, then
retired to a corner of the loom and' talked
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 signified that ne wouid retire at I
once and would see no one.
"I could scarcely kel eve the new**,"
said Mrs. Durrani, "when it was told to
me on the ualn on my way over to the
prison. 1 had honed for it, but had al
most yen up in despair. The dispatch
received by the Warden, which he read
to me on my arrival here, assured me that
it was correct and, of course, lam glad.
"I intended to remain -with my son until
late to-n glit, then bid him farewell in the
morning if it should come to that. 1
propo*-ed to remain with lriends near tbe
prison until it was over, but now 1 wilt !
retire with a happy lieart, knowing that i
my son will be spared to me longer than
to-morrow."
The father of the murderer arrived on
the late trait. from the city and reached
j the prison some time after Mf3. Durrant
had bade her boy good night. He made
no effort to see hi 3 son, but simply sent
word to him announcing bis pleasure at
the respite.
Eueone Deuprey reached the prison
about midnight on a tug from San Fran
cisco. He had with him a certified copy
ot the wiit of probable cause issued by
tbe Supreme Court. He attempted to
arouse Warden Hale at his residence to
personally serve the papeis on nim, but
repeated rings oh the door bell laded to
awake him. The attorney then routed out
Captain E and. placed the official copy
of the orderin his band.
"I want no telegraph orders la mine."
said Dennrey as he bunded over the docu
ment. Edgar accepted the service, and
Deuprey returned to his boat and started
for home.
No Rem t.iiur Yet.
WASHINGTON, Nov. 11.-The Call
NEW TO-DAT.
AN OPEN LETTER *
To MOTHERS. x
WE ARE ASSERTING IN THE COURTS OUR RIGHT TO THE
EXCLUSIVE USE OF THE WORD ** CASTORIA," AND
"PITCHER'S C ASTORIA, V AS OUR TRADE MARK.
/ ; DR. SAMUEL PITCHER, of Hyannis, Massachusetts,
was 'the originator of "PITCHER'S CASTORIA," the sama
that has. borne and does now ~£ y/F/>^-^~~ on 6VCr^
bear the fac-simile signature of (^z^X^^cA^ wrapper.
This is the original " PITCHER'S CASTORIA" which has been
used in the homes of ihe mothers of America for over thirty
years. LOOK CAREFULLY at the wrapper and see that it is
the kind you have always bought, w? . . **% •„— on tha
. *■**£ i. S /fl V J&-TV~/ 1~~l ~~
and has the signature of t^&^&^rt? wrap*
per. No one has authority from me to use my name except
The Centaur Company of which Chas. H. Fletcher ia
President. *
March '8, 1897. &&-~*/ &y^c**~*He,j>.
Do Not Be Deceived. f
Do not endanger the life of your child by accepting
a cheap substitute which some druggist may offer yc*u *
(because he makes a few more pennies on it), the in-
gredients of which even he does not know.
"The Kind You Have Always Bought" >
BEARS THE FAC-SIMILE SIGNATURE OF
flip tZJ^/^ji j^
insist on Having
The Kind That Never Failed Ton.
THC CINTAUN COMPANY. TT MUNNAT aTNKXT. NEW TON** CITY.
correspondent astc?d the Clerk of ti*
United States Supreme Court 10-nlgbt if
the remittitur in Durrani's case had bjen
sent to the Caliiornia court. He said:
"No, and ii will not be lor thirty days
dating from last Monday, for the attor
neys did not make their motion in open
court, us provided by law."
Jud.se Fitzgerald ha- gone to New YorK,
thereiore he could not be seen to-night.
«
Frz-erald Explains.
NEW YORK, Nov. 11. Attorney-Gen
eral William F. Fitzgerald of California is
in the city. Speaking to-night of the
fixing of a lime for the execution of Dur
rani, he said: "The question of the
necessity for a copy of the mandate of
the United States Supreme Court being
certified to the Slate Court before
the death sentence could be executed
was raised by telegraph. I -sent a
message saving that it was not
necessary. The habeas corpus proceed
ings are no part of the judgment record
in the cfse. The. judgment has stood and
the sentenc - , has stood th oughout this
procee lint:, whieb merely served to post
pone the execution of the sentence.
"All that was needed was the informa
tion that the appeal had failed to allow
the court to set a new day for the execu
tion, and that information nerd not
necessarily be imparted by serving a copy
of the mandate of court.
"It has been suggested that the time
granted Durrant to prepare for death was
very short. IJe has had ne irly two years
since he was convicted and sentenced. "
THE ST. FRANCIS FAIR.
Booths Were Crowded and the
Tickets Sold Eap
idly.
Company M of the League of the
Gross Cadets Attended in
a Body.
The fair nt St. .Francis opened last
I night, and from all indications it ls likely
Ito be a great success. The opening ad
i dress was made by Father Finnigau. The
large roomy basement was crowded all
i evrninp, and Company M of the Leaeue
•of the Cross Cade attended in a body.
j The boys did their duty manfully, buying
* tickets for everything in sight, from dolls
l to shaving muss.
I The Sacred Heart booth, presided over
I by M si Fitzsimmons. came in for a large
j share of attention. Tins tickets for the
large portrai', of Father Caraher, which is
!to be rallied off the last night of the
! bazaar, were in particular demand.
Another booth of interest, especially to
j the boys, was presided over Dy P. A.
| Buckley and J. J. Duddy, who did their
! best to teach the young idea to fchoot —
i guns. The Journal, a bright little paper,
j published at the fair and edited by Mrs.
F.J. Kennedy, mad** an instantaneous hit.
' Many copies weie sold and a lar c num
i ber of subscribers were secured. It will
I have four issues du-itig the fair, and will i
| contain all the -official announcements
! and ull the news.
At the Children of Mary booth silver
I ■was at a dii-count and g->.d the standard.
i The tickets for the $20 niece sold at a
; rate rapid enough id please the most ex-
I acting ol biothkeeper , and Miss Dowling j
j was kept as busy us any one could have
I wished to bt*. The booth of the Ren-tin
1 Circle, of whi-h is- Glynn has charge,
the rifreshmen and can iy booths aim
i St. Francis bio h, presded over rosrect- i
! ivelv by Mrs Will am Nichols, Miss
Brougham an I Mrs. Supple, all came in
| ior their share of paironu>re.
The programme to-night ii as follows:
Vocal solo, T. O'Brien recitation. Miss Rena
Mascherint; vocal sol , Mrs. E. J. O'Connell;
I darky songs, D. C. bheerin; vocal so.o, \V.
j Coughlan; vocal solo, Master Livingston.
ADIEU TO "FAVORITA."
Donizetti's Urn-Pa Masterpiece
Officially Executed Last
Nisrht
. As I feel confident that "Li F.tvortta"
is now safely dead and buriea, as far as
this town is concerned, I suppose I
should applaud the Italian singers at the
California Theater fir not making it out
DIED.
GREY— In this cl./. Novcimb««r 11, 1897, ac her
residence, 1304 Boat street, Kn, Sarah M.
Grey, grandmother of Mrs. Tobey, v. Hushes
and Mra. Camilla Kourget. a native of Orange
Coun-.*.-. New York, ageJ 88 years a monthl and
'il days. *
Notice of funeral hereafter.
j to be any better than it really was. Ihey
: di no?.
If last night's wo ha I been scientific
; ally planned tbe ex term, nati of thia
blithering um|ia orgy of Donizetti's
j could hardly have been more expeditious
j aid complete. Abramoff was concealed
I in the programme under the sumptuous
title of "Signor Victorio Girardi'" and
there were moments in bis perfoimance
of i lie plethoric work of Com tel la that
were flagrantly agreeable, and several of
the ensembles came dangerously near to
being inoffensive and Agnorti's Fernandez
was not always beneath tolerance; but
taken a** a body the company did its duty,
Sodidthe audience. Even tuo-e horny
handed henchmen of d stord who make a
btifin a as of applauding ti.e bad oi>eras
and bad singers at all times and the
good operas at any time but the right one
were shamed into comparative inaction.
There was little clapping of hands and not
\ a single bravo nor psal oi boot-thunder
mar the solemnity of the occasion. VB
On the music of Alfonso, which i»
wealthy with long, lingering tones, Civr/i
brought to bear his trusty tremo'o. Di-ath
was leisurely, but positive. The giddy
! Leonora came to vengeance in much the
• same corrugated way at the voice of Fan
{ ton, and a young woman who celebrates
the name of Olimpia Calcagtii suffocated
Inez.
I was happy to serve that the demise
included another musical composition
that has caused much suffering among
sensitive people. It is called "Sweet
Rot-ie O'Grady," and the score will bear
, me out that Gaetano Donizetti incor
j porated it in the "Ah! I' alto ardor" duet
in the second act. Ashton Stevens.
Cruelty to Children.
Charles Auberteln, who lives at Sixth a- d
Stevenson streets, was yesterday convicted by
Judge Conlan of cruelty to children and or
dered to appear for sentence to-day. His wife
was arrested yesterday afternoon on a similar
charge. Their six children, the oldest 13,
have been placed i.i a public institution.
IS REFUSED
JV"""''
ENLISTMENT.
TTERE IS A CASE THAT OCCURS DAILY
-*-*- This man has applied for admission to 'he
army, and the doctor has reluctantly to refuse
him. Ills general health is all right, but hi*
nervous system is shattered. Strange that a
man who looks healthy shou d be unfit for tho
army. But Uncle Sara must have whole men
— not half men. This man is the victim of
lollies and the neglect to get proper treatment
in time. He was indiscreet. No one knows
I Justin wh-U way but himself. Bnt he ruined
his uprvou-t system. Hi* mtiU suffer in conse-
; quence. Ihe HUDVaN treatment would have
1 put his nerves in normal con lition again, but
he did not try it. Even the very worst cases
ate cured in an amazingly short space of
lime. Full confidence returns promptly and the
full power of v gorous manhood asserts i self,
I Look your neighbor in the eye once again.
You know how weak you are. Ycu know that
j you do not have refreshing sleep. You know
that your hands tremble. You know that you
are going from bad to wor»e. Stop, man I
Stop! Think for a single moment what the
end will be. Do you want to lose all your
i vital force? HUDYAN win cure you. It will
make you lvi. of ioy that you ere alive and
able to perform all the work, all the duties, of
a man. You would rather He down than
stand up to-day, but in a week v v won't
know yourself. The fire of nic shining in
your eyes and on y, ur face. The great ioy of
I P. e r-^V°. lonKer " weß kling will flu your soou
HLDiAN cannot fail, no matter how nun
you may nave abused the privileges w.th
which you— like a.l other men— were ofico
blessed. Write and a«k about it. ' Surely It is
worth that much trouble. The best medical
advic in the country free for the asking, no
I matter what -lis- a<o you have. Ask for in-
j lormation about the "tnirty-day blood cure"
i lor blood taint. Nocharge.
Hudson Medical Institute,
Stockton, Kilis unci Market Sta.,
SAN FRANCISCO. CAL.
•"HUDYAN" and "30 - Day Blood
Cure" circular* and testimonial* »«'•
froe. Write to-day sure. ';'*,',' V*-