The evening times., 1900-06-26

Frank W. Funk. who was convicted in
the Supreme Court of the District OF Co
Iumbia, for the killing OF William II.
Brooks. and who was sentenced TO be
hanged on Friday next. will not meet
death on the gallows that day. This af-
ternOon. upon the recommendation of the
Attorney General, the President granted
Funk respite until Friday. November 6,
in order that his case may be taken to the
Supreme Court of the United States upon
a writ Of certiorari Attorney General
Griggs took the papers in the case 10 the
White House in person and presented
them to Mr.. Mckinley Immediately after
the Cabinet meeting and the President
issued the necessary order at once.
In their appeal for the respite the attor-
neys for Funk stated that there were a
number OF questions upon which it was
thought the Supreme Court of the United
States would reverse the decision of the
lower court. but as the higher court vas
not in session, and would not be until
October. some months after the hanging
Of Funk, If the decree Of the lower court
was carried out. it was necessary to grant
a respite in order that their client might
secure justice.
The Attorney General after reviewing
the case in every detail came TO the con-
clusiou that the case should be allowed to
20 20 the higher court on account OF the
alIege1 illegal age Of one of the jurors
who tried Funk and found him guilty.
Very soon after the action of the Presi-
dent in granting the respite was made
known Funk was informed Of it at the Dis
trict Jail where be is confined. The news
did not appear 10 affect his manner to-
ward those around him. His reply to his
information was. Il told you that 1 would
not hang on Friday; now you see | was
right in my prediction. / am not guilty OF
the murder Of which have been convicted
and VIII yet prove my innocence. l feel
sure that the Supreme Court Of the United
States viii grant me a new trial at which
my attorneys are preparing 70 bring cut
additional evidence in my behalf
Attorneys al the City Hall make no crtti-
Cism of the action of the President and
many Of them think the point made by
Fuuk's attorneys 10 nave been weu taken.
The Attorney Generals recommendation
TO the President was as follows;
TO the President:
The applicant in this case. Frank ".
Funk. was indicted for the murder of VIII
liam h. Brooks in the city Of Washington
On the e5d of June. 1855, was tried in the
Supreme Court Of the District OF ColTm-
bia Oh the said Indictment and a yer lict
OF suilJy returned by the jury on the 23d
OF December. 1893. and was sentenced 20
be hanged on the 29Jh day Of June. 1900.
An appeal was taken TO the Court Of
Appeals Of the District OF Columbia and
Judgment Of tie Supreme Court Of the
District was affirmed on June ., 1900 4
petition for certiOrari has been filed with
the clerk Of the Supreme Court Of the
United States by Fuuks counsel based up
on the various errors Of law alleged in the
trial, and which were duly assigned upon
exceptions taken but the same cannot be
heard because the court is not now il ses-
sion, having adjourned for the term on
May 2S. 1900 TO convene again on the first
Monday in October 1900 As the decision
Of the Court Of Appeals Of the District of
Columbia in this case was not rendered uu-
I'll June . the petition for Cert0rari can
not be presented and considered by the SU-
pTeme Court until IL meets in regular ses-
slon on the first Monday IN October next.
Among the many assignments Of error
I think there is at least one in this case
worthy Of consideration and which admits
OF sufficient doubt TO eutitle the petitioner
to have the same reviewed by the supreme
CcIr: and that is. whether or not the jury
which convicted Funk was legally cOusri-
tuted.
Section So Of the Revised Statutes of
the United States relating 10 the District
of Columbia prescrIbes qualifications OF ju-
rors as follows: NO person shall be COM
petent TO act as a juror unless he be q
citizen of the United States, q resident OF
the District Of Columbia over twenty-One
and under siXty-fve years o. age. 3
Section 3. chapter 30 Guryl Statutes
District Of Columbia, Albert & LovejOy.
Robert 7. Patterson, one Of the jurors
in the trial Of Funk. when examined on
the 18th Of December, 1899, relative to his
qualifications as a Juror stated that he
Of age. He was. however accepted, and
sworn and served on the jury. The trial
lasted from the 18th to the 23d OF Decem-
ber 1899, inclusive twelve days). the yer
dict of the jury having been rendered on
the lattSr day. Patterson, at the time
he was sworn as a juror in the case, as
under sixty-five years OF age. but during
the trial be reached that age and at the
time the Jury of which he was a member
returned a verdict Of guilty he hat
passed the age limit prescribed in the jury
law.
This question is an important one, in
volving the right Of Funk to be tried ac-
cording TO the forms Of law and by a
legally constituted jury. I therefore rec
Ommend that he be granted a respite until
the second Friday in November next NO
vember 3, 1900 in order that an oppOrtu-
nifty may be given for the Supreme Court of
the United States to hear his petition for
CaTtiCraTL"