Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-10-22
Action Of Supreme Court Adverse to
Frank Funk,
PRESIDENTS PARDON HIS ONLY HOPE
The Condemned Man Repeats His
Declaration of Innocence.
TALKS WITH A REPORTER

The Supreme Court of the United States
today denied the application for a writ of
certiorari in the case of Funk, condemned
to be hanged November 8. This action
means that only presidential pardon can
save Funk from the hangman's rope. Funk
was condemned in the Supreme Court of
the District of Columbia, which decision
was affirmed by the Court Of Appeals.
The ground on which writ of certtorari
was applied for to the United States Su-
preme Court was that one OF the jurors at
the time the verdict was rendered was over
sixty-five years Of age. The law provides
that no juror shall be qualified who is over
that age and it was on this ground that
the Attorney General granted reprieve
in order that the higher court might pass
upon the technicality. Otherwise Funk
would have been hanged at the time Smell
was executed.
Frank William Funk, the condemned man.
was seated on his cot in cell No. at the
District Jail this afternoon when Star re-
porter called and told him of the decision
of the court. Beside him was his pet,
cat that he calls '"vom,' and about him We're
books and papers. He held up remarkably
well in face of the decision from the highest
court in the land, and said
Il might have expected it.
Despite the decision he informed the re-
porter that he had not lost hope by any
means, for, he said, there is another move
to be made that may be successful.
"All I care to say about the decision, he
said. lis that it is an outrage and disgrace
to the city that such decision should be
rendered. I can't for a moment believe
that had fair and impartial trial. The
people had been aroused to the fullest ex-
tent Of indignation and this condition of
affairs had its effect on the trial."
Calls Trial q Farce.
He referred to his trial as a farce His
attorneys, he said, had been very hopeful
Of the result of his petition to the Supreme
Court for writ Of certiorari. During the
weeks that the matter has been pending
Funk said he had received from great
many people expressions of opinion, on the
Supreme Courts probable action and all
were favorable to him.
1.-THE question Of the age OF Juror Patter-
son." he said, ct did not consider was the
strongest point. The bloody finger prints
on the ak handle 1 considered was the
point upon which favorable decision would
be rendered. II the prints were made by
my fingers, then I welded the ak; II not
l did not WELD 1t.
He said an effort to show that the prints
could not have been made by his fingers
was made in court, but the judge would
not admit it. He also says that had the
newly discovered evidence been heard he
would have been acquitted.
Il will certainly not give up nope ne
L
believe that 1 am to die an fgnom1nlous
death for something did not do
Under Terrible Strain.
Funk said he had been under terrible
strain for many months. but he had heid
I'D we'll through it ALI He eats and sleeps
well, and he reasons that he could not do
so if he were guilty Of the crime charged
against him.
ut may be foolish" he said. 'but am Of
the firm conviction that will come out all
right 1t seems impossible for me to give
up my life for something that did not 90
and that l know nothing about
In conclusion, he said he knew that his
counsel Messrs. Wolf and Baker, had done
their full duty in the case. They had an
up-h... fight, he said, all the way through
Soon after the reporter left his cell Funk
called the guard on duty and requested
that his spiritual adviser, the Rev. Father
Mcguire, be sent for. He wanted to see
him this afternoon. Funk also sent mes
sage to his father, telling him of the ad-
verse decision and asking him to call as
soon as possible. His father is now living
in Baltimore.
Warden Harris, who is spending his vaca-
ton in Indiana, has also been advised OF
the decision.