The times. [volume] (Washington [D.C.]) 1897-1901, 1900-10-23
Hope FOR FUNK WANING
Writ of Certiorari Denied by the
United States Supreme Court.
The Sentence of Death Likely to Re
Condemned Man Expresses Disgust
Next Move of His AttOrneys-
Crime of Which He Was Convicted.

| The action Of the Supreme Court of the
United States yesterday. denying the pc
tition of Frank w. Funk. convicted of MUIR
der. for writ OF oertiorari, to have his
case reviewed by that tribunal, is virtual
| ly resentencing of the prisoner to be
hanged on November 9, the day set for his
| execution by the lower court. 1t is prob
able, however, that Funk's attorneys.
Messrs. D. ". Baker and Alexander Wolf,
will file petition for hnbeas corpus to Sc
cure the release of their client as a means
of having certain phases of the case heard
by the Supreme Court of the United
States. and consequently, cause a delay
OF the execution. In the event that the
petition for writ of habeas corpus is de-
MED, counsel for Funk say there is still
another move to be made before all hope is
lost.
Soon after the decision of the Supreme
Court of the United States was announced
the result was made known to Funk at
the District Jail. He did not appear to be
very much surprised, but expressed him
self as very much disguised, saying that
the decision was a disgrace. He, however.
stated that he has not given up all hope.
de contends that he is innocent of the
crime for which he is condemned to die
and does not believe that he will. in the
end, be called upon to pay the penalty for
an offence committed by some one else.
Funk. as soon as he got an opportunity,
sent for Father Mcguire, his spiritual adj
tn fol- dr
in Baltimore.
The crime for which Funk was convicted
was committed on the afternoon of June
%. 1898, at 914 Twenty-second Street
northwest, the home of William H.
Brooks, whom he was found guilty of muir
dering. At the same time. 1t is alleged,
Funk assaulted Martha Brooks, the wife
of William II. Brooks. and robbed her OF
$3.50. Funk had been for several DAYS
previous to the murder and robbery a
visitor at the Brooks home, and on the
very day upon which they were committed
he was there three times. Within an hour
after the time when it is supposed old
man Brooks was murdered and his wife
robbed, Funk fed from Washington and
was not apprehended until June, 1899,
when he was arrested in Columbia. No.
Funk's trial began before Justice Cole
III SouTt NO. L, Oh DeceInDer IL
last. and the jury which heard the testi-
mony rendered verdict of guilty on De-
cember "a. motion for new trial was
overruled and he was sentenced to be
hanged on May ., the same day appoint
ed for the execution of Benjamin H. Smell,
who was found guilty of the murder of
Lizzie Weisenberger. Funk protested
against being executed at the same time
and upon the same scaffold as Smell be-
cause he said. the latter was brute and
ought to be beheaded for the dastardly
crime he committed. Funk's counsel took
an appeal to the Court of Appeals for the
District, and SO did the counsel for Smell.
As a result be doomed men were respit-
ed until June Is last, but as at that time
the Court of Appeals had not announced
its opinion in the cases the prisoners
were again respited until June 80 last
In the mean time the Court of Appeals de-
MED the appeal of Smell and he was exc,
cuted upon the day fixed. The opinion in
the Funk case was not announced until
some days later. and when it was it was
adverse to the prisoner. His counsel then
filed petition for writ of certiorari in
the Supreme Court of the United States
The consideration of the application was
by the Attorney General for
the United States, and Funk was again
respited until November 9.