Stuart's execution date was set for Tuesday, 7 July 1959, and the Executive Council, chaired by Premier Thomas Playford, was due to sit on 6 July to reply to any petitions presented. "The Advertiser" had devoted all its correspondence pages to Stuart with 75% of writers in favour of commutation. Petitions with thousands of signatures supporting commutation had already been received, but that morning the first petition supporting the execution arrived by telegram. The petition, circulated in Ceduna, Thevenard and the surrounding districts had 334 signatures. The Executive Council sat at 12:30 pm and considered the petitions for 20 minutes before issuing a statement: "The prisoner is left for execution in the due course of the law. No recommendation is made for pardon or reprieve." Stuart was told of the decision and given a cigarette. He was then informed that the execution would take place at 8 am the following morning. Father Dixon was requested to keep Stuart calm and he visited him that night. Asked if he was afraid, Stuart replied he would not be if Dixon stayed through the night, and Dixon agreed to do so. Not long after, Stuart was informed that during the afternoon, O'Sullivan had lodged an appeal to the Privy Council in London and Justice Reed had issued a 14-day stay; this appeal also failed, however.