The times. [volume] (Washington [D.C.]) 1897-1901, 1900-11-09
HIS LAST Hope YANISHES
Frank Funk to End His Life on the
GallOws Today.
The President Declines to Interfere
and Commute the Sentence of
Death-Appenls of the Prisoners
Aged Father in Vnin-Final Petit
ton Made by "A Priest Last Night.


at o'clock yesterday afternoon decide
not to interfere with the sentence G
death imposed upon him. s--a
William F. Funk, the aged father of tn
| convicted murderer, was a caller yester
day afternoon at the White House in tn
hope of securing from the President som
stop in the execution of his son. He ha,
| been received by Mr.. Mckinley at hi
home in Carton. and there he made pie,
for clemency. Mr.. Funk did not see tn,
President yesterday afternoon. He waited
at the White House until 4 o'clock, wher
he was informed by Secretary Cortelyo,
that Mr.. Mckinley deemed it improper tc
commute the sentence. The old man had
little hope of securing a respite, and
though almost broken hearted, he walked
bravely away from the White House
bound for the Jail to see his son. He had
no complaints to make.
The President treated me like father
at Canton, and everybody has been more
than kind" he said, but 1t seems as II
they might have reduced the sentence to
Imprisonment for life. Then would have
had some chance to prove the boys inno-
cence.'' mir
Plea to the PRECEDENT.
The President gave much attention to
the case yesterday. Early in the morning
he received D. W. Baker. and Alexander
Wolff, the attorneys for the condemned
man, and Father. J. T.. Mcguire. his spir-
itual adviser. He listened to them for
a quarter of an hour while the attorneys
made their plea for Funk.
The basis of 1t was the claim that tes-
timony had been received since the trial
that proved Funk's alibi by showing that
he was in the park at the time of the
murder. They claimed that he was in
nocent, but they did not ask for pardon.
What they sought was Communication Of
sentence to life Imprisonment.
Father Mcclure added a few words Of
general nature. He did not affirm his be-
lief in Funk's innocence, but expressed
the hope that the President would see his
way clear to commute the sentence.
At the time they called Mr.. Mckinley
had not received the report of Solicitor
General Richards on Funk's application
for pardon. Until that was received.
with Mr.. Richards recommendation. Mr..
Mckinley would not commit himself to
any action in regard to ,clemency.
Mr.. Mckinley listened attentively and
promised to give the case careful attention.
The three left the White House with little
hope.
The report of Solicitor General ]. K
Richards was submitted to the President
shortly after noon. Mr.. Richards assumed
charge of the case when the petition for
clemency was filed about week ago. At
torney General Griggs was then away. The
petition was signed by about seventy-fve
persons. among whom were two of the ju-
rors who convicted Funk. They asked that
the penalty be reduced from death to life
imprisonment.
The Solicitor Generals Report.
In accordance with the usage of the De-
partment of Justice, the appeal was re-
ferred TO District Attorney Anderson and
also to Justice Cole, who tried Funk. Gen.
eral Anderson was in Ohio at the time and
the documents we.e forwarded to him for
his consideration. He reported adversely
upon the petition and recommended that
the sentence of death stand. Justice Cole
declined to take any action on the matter
and made no Recommendation. The pc
tition was then submitted to Acting At
torney General Richards. He went over
the case with care and reviewed the whole
OF the testimony. The father of the pris-
oner called upon him on Wednesday and
VI II.
Richards gave him little hope. He COM
pleted his report on the case at noon yes
terday and it was at once forwarded to the
White House. In it Mr.. Richards said:
Il have carefully considered this appli-
cation, taking pains to examine the evil
fence introduced on the trial as well as
he petition and papers filed in its support
The proof OF guilt on the trial was clear
md convincing. Under their oaths. the
ury could have rightfully reached no 9TH
n verdict. There were no mitigating cir |
The full penalty of the law
vas demanded for the protection of society.
md 50 the jury found in declining to quail |
y the verdict. The alleged newly discov- |
red evidence was before the court on an |
duplication for new trial which was re- |
used. In any event, 1t is essentially i'm |
ard if introduced on the trial |
ouid properly in no way have affected the
onclusion reached. Under the circum-
tances, cannot do other than recommend |
hat the application be denied For an ac-
cunt of the crime as shown by the evil
ence. l refer to the report of the United
tates District Attorney
The Prcsidcnt's Decision.
Mr. Mckinley spent some time on the
ase yesterday afternoon. He became con-
inced that clemency should not be ex-
ended TO the condemned man His own
ecision was REINFORCED by the reports of
ne District Attorney and the Acting At
)rney General. II has been his custom
nearly all cases to approve the action OF
ne Attorney General in pardon cases He
1ntinued the practice yesterday. About 4
clock the father of Funk, who was in
aiting to learn the result, was Informed
y Secretary Cortelyou that no clemency
ould be extended.
The most pathetic figure in the case has
cen the father of the condemned man,
e has inspired deep sympathy among all
ne officials Of the Department of Justice
nd the White House. He has spent every
ant he could procure in an effort to save
Is boy The dignity and strength with
hich he has borne up under successive
efeats have been marvellous.
The Rev. Father Carter Donahue one of
rank Funks spiritual advisers, called at
lie White House about IL O'Clock last night
ID had conference with President Nc
ihley in regard to Communication of the
ntencc. He Is firmly convinced Of Funk's
nocence. The President. however. told
m that he could do nothing. and Father
onahue departed from the Executive Man
on.
Funk Grows Anxious.
Funk spent an anxious day. awaiting
ord from the White House as to what
'tion the President had taken in his case. I
e frequently asked If there was any
,ws, and seemed more disturbed than ,
. has been since he entered the jail His
rive had not deserted him, however, and
: was as earnest as ever in his protesta-
ons of innocence. Father Mcclure paid
m longer visit than usual In the morn !
g. and his father also called before he )
ent to the White House. Mrs. Kate a
ark Funk's sister, was one of his early ]
Hers, and during the day he had quite c
long talk with Rev. John Roberts. the :
lored mission worker at the Jail Funk !
actically abandoned his writing. which
S OcCunied SO mich of his time of latn