The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-05-13

by the Board ia Granting a Conn
mutation Ina This Case-Vietim of
Drink Who Committed the Deed
of killing His Wife While Under
the influence.
The first case of executive clemency to
oe extended to life convict by the pres
emit state board of pardons was granted
pesterady. James Funk, Jr, who was
sentenced for life for the murder of his
wife thirteen years ago, was given a COM
mutation of sentence to twenty years
which will give him his liberty at once
The case. which was presented to the
board by Barton & Godfrey, is one that
appealed strongly to the board and was
continued from Thursdays meeting, that
the facts might be presented in detail.
The statement prepared and signed by the
board is as follows:
The records and papers in this case
justify the following conclusions: The
petitioner Is forty-one years of age, and
was born in Blair county, Pa. His fam
lily Is one of the most respected iH that
county His parents are of the age of
SeYenty-three and SiXty-five years, re-
spectively. His father has been sheriff of
his county and is now one of it's county
commissioners. The petitioner is man
of intelligence and ability, as a young
man he was, Ghe drink habit aside), Of
good principle and honest instincts Mr.
Justice Dean, of the supreme court of
Pennylvania, who has known him since
his boyhood, certifies that he was a young
man OF excellent character.
other prominent officials and citizens
who knew him when he was living in
pennsylvania testify to his good charac-
ter. When seventeen years of age he en-
tered the service of the Pennsylvania
Railway company. He made a good be-
ginning as a rail. Dad man. The road fore
man of engineers testities that when the
petitioner served as fireman under his
supervision. he was a first-class young
man and of good habits. How or under
what circumstances he acquired the drink
nab1t, the record does not disclose but 1t
does establish the fact that he com
menced drinking and as result he lost
MS situation, about two years later He
then went to Michigan, where he obtained
another situation as railroad man He
married and was successful as long as he
reIra1ned from drinking. He became g
conductor on the Grand Rapids & Indiana
failroad and was regarded as a kind and
true man, but again he commenced drink
ing and lost his position. He then came
to Minnesota, here he was reasona bly
prosperous for a time, and became freight
conductor on the Northern Pacific rail-
road, but commenced drinking again and
lost this position This ended his career
as railroad man, and on Dec. 5, 1887, he
shot and killed his wife She was a
worthy woman, respected by all who
kneW her The petitioner from Nov. Is
70 Dec. D, 1881, was drunk nearly all of
the time. His wife became afraid of him
and refused to see him when drunk They
were living at the hotel in Willmar at
I4ls time and she was sick and in bed.
ne went TO her room, the landlord and
ms WIFE beingpresent. He then promised
MS wife that he would quit drinking and
go to work This resulted in a reconcilia-
tlon and he then called for his lantern say
ing ne would go to work in the railway
yard; The landlord left the room to find
ms ms a. lantern; ~, and his wife to get some
hedlclne- The petitioner then shot his
wife dead. and turned the revolver unon
himself. the ball passing through his left
SIde tie recovered from the wound and
Vas Vas tried February, 1888. before Judge
Jury, upon an indictment charging him
with murder in the first degree. His de-
tense was insanity, but the jury found
MN guilty and the judge certified of rec
ord, that by reason Of exceptional cir
curnstances the death penalty ought not
t 20 De 1nnnlcted, and on Feb. 10, 1885, SEN
fenced him to imprisonment for life in
the stae prison During the eleven wears
ne has been in prison his conduct has
peen, as the warden certifies, above re-
Pdit:Il. me record discloses no motive
tof klAIns his wife other than her refusal
70 see him when drunk. The inaAeduacy
OF the motive, taken in connections with
me tne acts, that neither by heredity or ma
ture was he criminal, that the drink bahit
was the blight and bane of his life and
that for some three weeks before he
t CON the deed, he was drunk, Jus
t NY the conclusion that he was at the
tlme ne killed his wife in some measure
incapable of Intelligent action. This in
capacity, however, did not amount tn in.
SANITY or responsibility for his act and
tqIveIy legally right There are, however
degrees of moral guilt, Of which courts
~ reason of the fnfiexibilfty of the pena
statutes, can take cognizance only ~ q
limited extent. but which the nar5,onino g
power ought to take into consideration iE
proper cases. Is this such a case9 4
9as, apphcat1on for an absolute par
qon was denied, some two years ago. fhe
BOARD as then constituted, being of the
OPINION that 1t was not Il case Where or
a tlt pardon should be granted and
| NOT 10 be then determined The netifion
| row under consideration is for commm.
| tatlon of sentence
+b senator Nelson, in 1895 wrote to the
t tneh governor in reference to the nett.
Toner, substantially this: He was a rail.
aodu mar, ADDICTED to drunkenness and in
gu sn lli.o 20 state killed his wife.
me appearing man, well brought mn
! NY own notion was If had Continued If
ollrce curing my second term. to have
twenty years, thus leaving the matter 81
| deemed him worthy - 'ieS
/ ~ eel en- tiLapp' who was attorney genera
| I a. tLe IIne, writes to the board as fnI.
| lows: His case was very sad one and
nave no doubt whatever but what E1n
WAS very much under the influence nt
| liquor. 50 far as 1 am concerned. 7 can.
h not put feel that perhaps every interest
| mas peen subserved. and thinking the
| tIatter over carefully l am lisDosed r.
Joiil with those who recommend com.
mutation of his sentence. Vnr
may consider this as recommendation n
1aVor of clemency'' -oi IL
SllniIaf recommendations from nearly
gu gu OF the Jurors who tried the case and
from numerous citizens of Kandivob
county are on file. The petitioner has one
chlld, a son, now fifteen years of aga
VINO lives with his paternal grandparenie
| II Is apparent from the facts in this "a 81
d 5nat the petitioner is not awful muir
derer, but that he killed his wife at 9
time when he was in state of intoxica.
tion bordering on delirlum tremens. ths,
the probabilities are that he has now
overcome the drink habit, and that the
Ilme mas now come when his Sentence
ought to be COMMITTED to the end that he
may be parofed and given an opport11nity
TO 20, commence life again under the watch.
IuI IL, and humane care of the prison hoard
| therefore. 1T is ordered that his san.
/ years. - twenty