Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-11-08
Solicitor General Rejects Appeal for
Communication of Sentence.
PRESIDENTS ACTION FORESHADOWED
Condemned Man VIII Probably
Be Executed Tomorrow.
TEXT OF RECOMMENDATION


not interfere with the sentence of Frank
Funk and the condemned man will tomor-
row pay the penalty for the murder of old
man Brooks The President has never de-
parted from a recommendation in sim
liar case and 1t is not expected he will do
so this time.
The recommendation Of Solicitor General
Richards with all the papers in the case,
reached the President after noon today
Attorney General Griggs returned to Wash
ingtun this morning. but did not take up
the case. leaving it with Mr. Richards, who
has been going over the papers since yes
teTday.
After thorough investigation, Mr.. Rich
ards sent the following recommendation to
the President
Il have carefully considered this appliCa-
ton, taking pains to examine the evidence
Introduced on the trial. well as the petit
ton and papers filed in its support. The
proof OF guilt on the trial was clear and
convincing Under their oaths, the jury
could have rightfully reached no other YER
dict. There We're no mitigating clrrum-
stances. The full penalty of the law was
demanded for the protection of society, and
so the jury found in declining to qualify
The verdict The alleged newly discovered
evidence was before the court on an appli-
cation for 4 new tria, which was refused.
In any event, it is essentially immaterial,
and If introduced the trial could prop
, CFlN IN no way nave affected the COnCiu-
sion reached, Under the circumstances.
cannot do other than recommend that the
application be denied. For account of
the crime shown by the evidence. 1 re-
fer tn the report of the United States dis
triCt attorney.
On the Presidents Desk.
All the papers We're placed on the Presi-
-, dents desk, and will probably be taken up
-- by him after luncheon this Afternoon. He
may not reach a decision before o'clock or
later
The legal representatives of Funk, D. w.
Baker and Alexander Wolf, accompanied
by Father Mcguire, who has been giving
religious advice to the murderer mad
conference with the President this morning
before The recommendation of Solicitor Gen
e. eral Richards reached the White House.
They made an earnest plea for the com
mutation of Funk'S sentence. They told the
President that Funk had been convicted
purely on circumstantial evidence, and that
newly discovered testimony would have
been highly advantageous to Funk's case
. II II could have been produced at the trial.
The President said he would give these
facts careful considera ton.
AnNiously Awaiting News.
Frank W Funk, under sentence to die
on the scaffoId tomorrow, was alone in his
cell at noon today with the death watch
at his cell door The condemned man was
anxiously awaiting news from the White
anxious.
What is the outlook" was his anxious
inquiry of each caller.
While the condemned seemed to have a
slight ray of hope left, that hope was not
nearly 50 radiant as it was few DAYS
ago Indeed, he said TO one person that
his prospects appeared darker than at any
time since counsel and friends started the
moVe. looking toward IA communication of
sentence. No matter who called to see him
Yesterday or this morning the interview
had to be held in the presence of the
guard. " -
Funk's wife. whose name was placed on
the Jail record Mrs. Frank W Funk"
was at the Jail yesterday afternoon to see
nm She IS his first and legal wife. whose
home is at Laurel. Md. With her was her
sister, Mrs. Bailey Whether she called of
ner own account or at his request is nor
known, but. it Is her first visit during the
long confinement of her husband The two
remained in conversation nearly three
hours.
Father Mcguire. Funk's spiritual adviser.
called twice YESTERDAY His last visit
was made late in the day, and he remained
until after SHUTDOWN. With him was the
Rev. Father rDonohue. 1t was not very
long after the priests left the prison be-
fore the condemned man retired to his cot
ana he was soon asleep. He rested well and
got up early this morning. He was anx-
icus TO know if President Mckinley had
reached the city, hoping he would arrive
IN time to giye-his case due consideration
Incidentally he wanted to know if Mrs
Mckinley had also come, as he expected
she would say a good word in his behalf
One of his first callers today was his
sister, Mrs. Katie Clark. and while she was
in conversation with him the Rev John
Roberts, the colored mission worker came
TO the jail. When Funk saw him passing
through the corridor he called to him and
held him in conversation some time.
What of the Outlook.
"Wha. is the outIook?'' was the con-
demled mans inquiry. II want you to tell
me, Funk insisted.
The ministe" admitted that so far as he
could see the outlook was not very bright.
Il know it's dark" the condemned man
admitted. blu. my life is in Gods hands"
Funk said a guard was placed in his cell
last light and asked why that was done.
MIR. Roberts explained that il is customary
in such cases 10 put a guard on duty in
order TO prevent violence the part of
the prisoner, and Funk said he failed to
see how guard could prevent such
thing
Il could knock my brains out against the
wall II l desired to-, he said. but such
thing has never entered my mind"
Funk conversation then turned to poIit-
election contest.
"A woman can save me If she WILL" said
Funk. beforH the colored mission worker
left his cell.
Up to short time ago the condemned
man held OF. that he wanted acquittal
or nothing. but during the past two weeks
lle las CILdLSeu 'front.' ana expressed the
hope that he Nigh be sent to the peniten-
tary in order that his innocence might be
SHOWN at some future time AS heretofore
printed in TIL Star, Funk has spent con-
siderab tin writing
Writes Some Verses
Recently Funk wrote several verses his
subject being IF it be possible let this
cup pass from me-" The verses are as
follows:
Let this cup pass, my Father, | am sinking
IN The deep waters which surround my soul
Ana bitter grows the draught which | am drinking
Ahd higher rise the waves that round me roll
torsake me not in this my need EXTREMIST.
Let not thy Strengthening hand elude my grasp
l KNOW my love. even when Thou harshest SEEM
est ~
Father. most mercIful. let this cup pass
Life hath not laid his hand upon me lightly
nave known sorrow, disappointment, pain:
Have seen hope clouded when Ii burned most
brightly
And false love fade and falser friendships waps
But now fresh chains around my heart are link
ing ~
And 10 my~lip is pressed fuller cup,
And from the draught my shuddering soul is
shrinking
Fat I