Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-08-22
Attempts to Prevent the Taking of
His Photograph.
FINALLY CHOKED into SUBMISSION
The Prisoner is Still in TaIkative
f.
Mood.
REPEATS DENIAL OF CHARGE

partment of Washington. Usually the pris-
oner whose picture is wanted is removed
to a gallery on Pennsylvania avenue, but in
this case Maj. Sylvester superintendent of
police directed, for reasons deemed i'm
portant, that the photograph be taken in
the gymnasium at the sixth precinct sta
ton, and there the photographer carried
his camera.
AS soon as the latter announced himself
ready for operations Funk was brought in
and directed to take a seat on chair in
front of the instrument. Immediately upon
doing so Funk threw his face almost into
his lap with his elbows resting upon his
knees. The effect of this was to place the
top of his head directly in front of the
camera. There We're some eight or ten po-
licemen present, and instantly two of them
seized Funk and tried, but in vain, to get
his face in the proper position. Seeing that
the efforts of the two officers were fruit
less, others ran to aid Them and at one
time no less than eight policemen had hold
of the prisoner. Finally, one Of the Off
GERS got his arm around Funk's throat and
neck and tried to get him into the right
position. Funk continued to resist, and
the officer was compelled to choke him int
submission.
Submits to WeedOn's Influence.
While the man was gasping for breath
Detectives Weldon and Hartigan entered
the gymnasium, and the former, who has
had great influence over Funk ever since
he recognized the latter at Columbia, Mo-,
asked the policemen to step aside and let
him speak to Funk. At the word from
Weldon Funk sat bolt upright and allowed
the photographer to proceed with his work.
The picture was finally taken and a reason
ably good likeness of the prisoner secured.
The measuring of Funk by Messrs. Cor
man and Phillips was not accompanied by
any violent scenes. Once or twice it ap-
peared as though Funk was determined to
make more trouble for the officers, but the
presence and influence Of Detective Weldon
served to deter him.
Just after the officers released their hold
on Funk the alleged murderer tried to get
at the policeman who had had his arm
around his throat
Let me get at him. he shrieked repeat
edly. Let me kill him.
When he found that he could not do
either. Funk launched a yOlley of epithets
at the officer, the foulnesS of which, it is
believed, We're never before heard in the
police station.
Delivered to United States Authorities
Frank w. Funk, shortly after 1 o'clock
this afternoon, was turned over by the DO
lice to the United States marshal for the
District of Columbia. He was at once
taken into court, arraigned under the in
dictment charging that he murdered VIM.
II. Brooks the cd of June, 1885, and after
a plea of not guilty had been entered, was
formally committed to Jail by order of the
court, the marshal providing the trans
portatton from the court house to the jail.
inspector Boardman visited the city hall
this morning and arranged with Assistant
District Attorney Taggart and Justice Cla-
baugh to have the prisoner on hand at l
O'Clock Shortly after that time Funk
handcuffed to Detective Weldon, alighted
from patrol wagon at the east basement
entrance to the city hail. having been driv-
en- from the sixth precinct police station.
Detective Hartigan accompanied the pair.
The little party assembled the stairway to
the marShais office and there the formal
surrender of the man by the police to the
marsha! took place. The handcuff was re-
moved, md, escorted by Deputy Marshal
Cusick the prisoner was taken to the Cen
eral term court room. A large
throng of attorneys and curious per
sons, including number of wo-
men, were on hand, both inside and
outside the building. Funk was halted
directly in front of the bench from which
Justice Clabaugh presided, and nervously
underwent the scrutiny of the spectators
while Crier Krause solemnly opened Crimi-
Eal Court No. /.
The Prisoner Arrafgned.
Assistant District Attorney Taggart, ad-
dressing the court, explained that an in
dictment for murder had been reported
against Funk, by the grand jury, the Dist
of July, 1898; that he had recently been ar
rested on bench warrant and was before
the court for its action
Have you counsel?'' inquired the prose-
cutting attorney Of the prisoner?
Il have not replied Funk
Justice Clabaugh wanted to know if the
man intended to employ an attorney or at
torneys' and was Informed by the prisoner
tnat ne was uncertain just az present on
that subject.
If you do not arrange to retain coun-
sci, then said Justice Clabaugh, 80 sig
Nifty to the court as soon as possible I'm or
der that counsel may be assigned for your
defense"
Il understand" remarked Funk, calmly.
Assistant District Attorney Taggart then
suggested that it would be well to arraign
the prisoner under the indictment reported
in July year ago.
is your name Frank w. Funk?" asked
ment on the back of the Indictment
1T is, admitted Funk
Clerk Galley then read the paper the
prisoner listening intcntly to every word.
fart OF the Tune he stood with arms folded,
and during the remainder of the reading
mad MS right hand resting on a table and
his left on his hip. The Indictment en-
,hat rn three &c counts. The first charges
mat FRANK w. Funk, otherwise called
FRANK W. Fink, otherwise called Harry A.
Nicholson, murdered Brooks by striking
him with Ratchet The second count al
leges that the striking was done with a
piece of iron. and the third count, with a
weapon to the grand jurors unknown.
Are you guilty or not guilty?" demanded
Clerk Galley, upon the conclusion of the
reading of the Indictment.
Not guilty, was the plea, in tones that
were loud and confident
AS soon as You decide as to counsel"
again remarked Justice Clabaugh, signify
to the court what determination you have
reached, so that, If necessary, counsel may
be ASSIGNED you, and you may have
speedy trial" =
Funk nodded assent. Yhe court there
upon ordered that the prisoner be commit
ted TO jail. lie was taken to the marshal's
once and later removed to the Jail.
While in court Funk seemed TO be under
a tremendous nervous strain, ami evidently
felt keenly his position not relishing being
the object of the gaze of the curious as
semblage. o.
After the proceedings in court were end
ed detectives Weldon and Hartigan had
conference with Assistant District Attorney
Iaggart regarding the facts in the case.
The supposition is that Funk VIII be placed
on trial in October, as soon as practicable
after the trial of Benjamin II. Smell in
dicted for the murder Of Lizzie Weisen-
berger, Is ended. The Smell case is set for
the 9th of October
While In the marshals Office, after the
rearing in court, Funk stated that he would
need more than one lawyer in his case
adding that the trial would very likely be
more sensational than that of Howard
Schneider.
The Prisoners Arrival.