Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-06-11
Postponement of the Execution Of
Benjamin b Shell
A RESPITE OF TWO WEEKS ORDERED
Case of F1"k Funk to Be Dis
poss of Tomorrow
TIL EIR LIFE IN j ALL

justice Clabaugh, IN CfiiHiAaa Soui. A>o' -
this afternoon granted postponement OF
the execution Of Benjamin H. Smell set
for next Friday. the 18th instant. until Fri
day. the 10Th Instant, between the hours of
12 O'Clock noon and o'clock pm. Smell
was not in court when this action was
taken. The delay of two weeks was al
lowed, so Justice Ciabaugh explained, mere
ly for the reason that the mandate of the
Court of Appeals, affirming the judgment,
had not been received The custom Is not
to send down the mandates until the eX-
piration of fifteen days after the filing OF
the opinions The opinion in the Smell case
was filed the 9TH instant.
Attorney F. E. Mitchell of counsel for the
defendant asked d postponement TOT at
least thirty days. Application for writ OF
error to the Supreme Court OF the United
States. he said. is to be made in the Court
of Appeals and. If necessary, to one OF the
justices of the Supreme Court OF the United
States. 1t also may be deemed essential
according to Attorney Mitchell, TO hans
legal inquisition as to the mental cohoitioh
of Smell Counsel desire to preserve all the
legal rights of the defendant, the court was
informed. and delay was not asked merely
for the purpose of delay.
Judge Clabaugh said 1ustlce demahueu
that the trial court shall not unduly delay
the execution. The court would direct a
postponement until the 10Th instant solely
because of the fact that the mandate of
the Court of Appeals had not been received.
The Funk Case.
The application for a writ OF error to
the Supreme Court of the United states IN
the case Of Frank W. Funk will be disposed
Of tomorrow in the Court OF Appeals. FUNK
is under sentence to be hanged Friday OF
this week. but postponemert, IL IS con-
coded. will be ordered
Both Funk and Smell took their exercise in
the corridor of the jail this morning, as they
have done every day since they reacheo
the prison. SO far as Smell is concerned
there was no change in his condition. funk,
however, presented a neat appearance ana
seemed more hopeful than ever. 1ester-
day he received holy communion at the
catholic services which were conducted by
the Rev Father Mcguire or St refer
Church. Funk having become convert 10
that religion under the priests instructions
several weeks ago. Funk does not beileVe
he will have to pay the penalty for the
crime charged against him, the murder OF
William II. Brooks. 1t Is his pelef Ina'
the decisions of the lower courts VIII even.
tually be reversed by the Supreme court
of the United States. and that in a year
time he will be free man. He told star
reporter this morning he expects no'hlIs
from the District Court OF Appears. nj M
does believe, however. that his case VIII
get before the Supreme Court on a writ OF
cer.iorari, which will cause stay OF exc
cution until next October Ihen by the
time the case 19 nedTu dsdii, io 90! 80
proof of his innocence Will De s.roiis
enough to convince any jury mat lhe
crime was committed by some person o,her
than himself. / ..o
Father Mcguire visits Funk about three
times a week and in the event or the exc
cution on the date fixed or any other, soon
he will be with him most OF the time our
ing his last hours.
See. Other Callers.
The condemned man sees other callers
who are interested in his spiritual welfare
and conyerses with them on religious mat
tors While he Is always a willing talker
no saws hut little about his case except TO
repeat his declarations OF innocence anu
eYnress the belief that he will eventually
he reIee sed from prison. He confidently ex-
meets the Supreme Court to act faVoraDiy
in his case, yet he realizes that there IS a
nossibility of his paying the extreme pen
alty of the law. Because of this reaiiza-
tion he is giving strict attention to religious
matters and Is preparing Tor the next
world.
The application made for executive Glenn
ency in the Smell on the ground OF IN
san;tv nv the Georgia delegation has not
been acted upon.
Mindful of Others.
Tn addition to looking after his own spirit
nal affairs, Funk Is not unmindful of the
affairs of the other Condemned men about
him While exercising in the corridor he
usually calls at the cells of others, ana
while conver;,ing shares with them the
good things 10 eat that he receives. He
also permits them to have copies OF the
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