The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-07-03
SAVED FROM HANGING.

MuT0cxeT-ACs
eeptance or a Plea or Guilty OF Murder
In the Second Degree-He Is Sentenced
to state Prison for Life.
There has rarely been recorded in the papers an
instance Of more cruel and atrocious wife murder
than the murder by Frank Gillen OF his wife Ellen
on the evening OF Sunday, the 18th OF last June.
In the first place, Gillen married her clandestiney
and then he would not support her. compelling
her to go to her fathers, and to crown his unKind
treatment, murdered her. The circumstances Of
the crime, which were fully given at the time in
the HERALD, are still fresh in the public memory.
On the night in question Mrs. Gtllen left her
father's house, No. ITO Elm street, to take
walk. She had not gone far before Gilen,
who had evidently been on the lookout for her
and DIGGING her footsteps steaIthiy crept behind
her and stabbed her five times She cried out
"Ohl papa! papal Frank has stabbed me! l am
dying" and in ten minutes expired In her fathers
arms. Gen at once ran away. but an ofncer who
had heard the dying woman's cries pursued and
captured the assassin. His case was promptly
laid before the Grand Jury and an indictment OF
murder in the first degree found against him. On
this indictment he pleaded not guilty and his trial
Sessions, before Recorder Hackett new panel
OF jurors had been summoned for the occasion and
of sne & recorder Racke
took his seat punctually on the bench at
en e ea aa
first very nervous, but his counsel Mr. William +.
Howe, whispered something in his ear which had
upon him perceptibly charming effect.
CHANGE IN THE PLEA. nlafl
A consultation was at once entered into by Mr.
the Recorder. smile OF satisfaction lii up Mr.
HOwes lace at the close of the conference and
again ne WHISPERED something In Gillen's ear at
delight he could not conceal. The plea OF not
guilty OF murder In the first degree was Withdrawn
and plea OF guilty Of murder In the second de-
gree interposed.
WHY THE CHANGE OF PLEA WAS ACCEPTED.
the change ii the Plea said that they unable
thing except the act OF killing, from which jury
the preparation OF this murder, and 1t would
therefore seem to come under the Lew statute en-
acted at the last session Of the Legislature, which
Is, that the killing must be from deliberate, as
well as premediated, design in order to constitute
murder IN the FIRST degree, and that ali other inten
tional killing is murder in the second degree. They
could not offer any other proof as to elaboration
than the cruel circumstances under which the kill
Ing was done. THIS was a very bad case, and
one who had not made 1t known to us
ON the part Of this man but suc
proof had not come to them, and they should not
be able to offer 1t to the jury. Under the plea of
ceive a sentence of imprisonment Tor Life, and this
is a case which should have no mercy from the
stances OF the murder, and said that it was most
cruel and brutal one and one in which there were
no mitigating circumstances.
THE OLD INSANITY PLEA.
Mr.. Howe said that had the trial proceeded he
could have shown that fourteen years ago Gillen
fell from an ice wagon and was injured In the head
by the hook which was used for the purpose OF ele
vatlng the ice; that last August he had an
attack of sunstroke, and was brought
to his mothers home In dying con-
dition, out subsequently recovered; that he
subject to epieptic dts and labored under the de.
fusion Of the ringing OF bells In his ears that his
wife should be taken TO heaven. In conclusion he
said that he did not ask for mercy, but simply
stated the facts which he would have proven. II
his statements correct the authorities at sing
Sing would send Gilen to the State Lunatic
Asylum.
INSANITY PLEAS AS VIEWED BY THE RECORDER
Recorder HacRett, in passing sentence, remarked
that he had very little confidence In the plea Of
insanity, and instanced case tried before him
where counsel succeeded in getting verdict OF
'NOt guilty" on the ground Of insanity, and three
weeks afterwards the man was liberated
from the asylum to which the Court sent
him. He said that he did not propose to
add to the remOrse which the prisoner should feel
by any remarks further than to perform the duty
imposed upon him. me sentence OF the Court was
that he be confined Tor the period OF his natural
life in the State Prison at hard labor.
GILLEN JUBILANT.
Immediately after the passing OF the sentence
Gien turned to Mr. Howe and grasped him ier-
vently by the hand. He could not suppress his
emotion OF delight. No sooner had MIR. Howe lett
the prisoner than he was embraced by Mrs. Gil
len, the aged mother, who Rugged the burly cOun-
eeor and imprinted several kisses upon his per-
spring brow. Gillen was escorted to the City
Prison with q light heart at mis- lucky escape.