Show DURRANIS PETITION DECEIVED BY THE CLERK OP TH SUPREME COURT Appeal Cannot Possibly be Heard Before October 12th n the Court Does Hot Sit Until That Time Washington July IThe papers in the appeal of W H T Durrant under apeal ol sentence o death in San Francisco for the murder of Blanche Lamont were received by the clerk of the United States supreme court today The appeal ap-peal is from the decision of the circuit court of the United States for the Ninth circuit court In refusing to grant Durranis motion for a writ of habeas corpus In his petition Dur rant alleges the irreirularity I and Illegality gality of the proceedings against him in the California state courts in that the trial was conducted upon information informa-tion not In accordance Vith the equal protection of the laws and not by due process of law and that the testimony was introduced and conviction secured without due process of law and without I with-out a trial by an impartial Jury and without process of law Particularizing I Particulariz-ing he says that prosecution by Information Infor-mation instead of indictment by grand jury Is in conflict with the fifth and 14th amendments to the constitution a is section S03 of the penal code at the state under which his prosecution was conducted Hence he alleges that the courts in which his examination and examinaton trial were conducted were without jurisdiction jur-isdiction lie continues that the refusal of the court to grant a change of venue amounted to refusing a fair trial He also complains of the refusal of the court to punish for contempt the publishers pub-lishers of the San Francisco newspapers newspa-pers in publishing accounts detrimental to his Durranis interests in having a fair trial thereby influencing the procedure pro-cedure of the court and prejudicing the jury against him The supreme court will not sit again unt the 12th of October and the appeal ap-peal cannot be argued before that time I |