The times. [volume] (Washington [D.C.]) 1897-1901, 1900-06-27

Convicted the Condemned Man
Questionable - Supreme Court to
Hear Petition for Ccrtiorari
Frank w. Funk convicted of the muir er
of William II. Brooks, and sentenced TO be
hanged at the District Jail on Friday mex,
was yesterday granted respite until No
yember 9 next.
The order postponing the execut OF OF
Funk was signed yesterday by Pes dent
Mckinley upon the recommended. on Of At
torney General Griggs, to whom tee m tier
had been referred. The defendant was con-
in December last.
Three times the day has been fixed u!on
which Funk should pay with his life t e
penalty of the crime with which he is
charged. Soon after his conviction he was
sentenced by Justice Cole, who presid> d at
his trial. to DE hanged Oh Nay IL last. An
appeal was taken TO the Court of App a. 5
by Funk's counsel, Mossrs. B-ker md
Wolf, and this ne1essitated Z POSITION IN INT
of the day OF execution. The next day set
was June Is. but on that date tne m -ndate
of the Court of Appeals affirming the Jug
ment of the trial court had not been trans
mitted TO the Supreme Court OF the pi--
trict, and the day of execution WIS az in
postponed until Friday next.
In the meantime the condemned mans
counsel had filed petition in the Sup enc
Court of the United States for writ o.
certiorari to issue, directing the Curt of
Appeals to transmit the record in the case
In thp a m %
viewed by that tribunal. The Sup enc
Court of the United States is not in ses-
sion, and could not take acton on this e.
ton until next fall. Considering this,
Messrs. Baker and Wolf stated tie circum-
stances of the case to the Attorney Cen
eral, who took the matter under advi e.
ment. He made his report to p esi .tnt
Mckinley shortly after noon vest rday, and
he Immediately ordered a stay of the exc
cution.
The text of Attorney General Gr.g,s' re-
port to the President On the case is as iol-
lows:
To the President:
The applicant in this case, Frank ". Funk,
indicted Tor the murder OF william II. Brooks,
in the city of Washington, on the I'D OF June,
ls9o; was tiled in the Supreme Court of the
District OF Columbia On the said Indictment and
a verdict of guilty petusned by the jury on the
23d of December. 1889. and was sentenced 10 be
hanged on the 18th day of June, 1900.
An appeal WAS taken to the Court OF Appeals
OF the district of Columbia and judgment OF the
Supreme Court OF the District affirmed
June 5, 1900. petition for certiorari has been
hi,C wiki the cierA 81 tine supreme Court OF
the United States by Funk's counsel, based upon
the various errors OF law alleged in the trial,
and which duly assigned upon exceptions
taken, but the same cannot be heard because the
court IS not now in session, having adjourned
for the tern. on May rs, l9gG to convene again
fba first GnrI., in h.fn lQ A. fha
decision of the Court of Appeals of the District
OF Columbia in this case not rendered until
june the petition for eertiorar cannot be pre-
sen;ed and considered by the Supreme Court
until il meets in regular session the first
Monday in October next.
Among the many assignments of error think
there is at least one in this worthy OF
sideratiOn and which admits Of sufficient doubt
to entitle the petitioner TO have the
viewed by the Supreme Court, and that is, whe-
Their or not the jury which convicted Funk
legally constituted.
section s12 Of thu Revised Statutes of the United
States relating TO the District of Columbia pre-.
scribes qualifications of jurors follows: NO
person shall be competent to act as juror unless
he be citizen of the United States, resident
of the District of Columbia, over twenty one
and under siNty-tiyc years o. age
Section 3, chapter IS Gary), Statutes District
of Columbia, Aber; {; Loyejoy.''
Robert 7. Patterson, of the jurors in the
trial of Funk, when examined the l2th of De-
cember, 1880 relative to his qualifications as a
juror. stated that he was within ten DAYS of
sixty-five years Of age. He was, however, ac.
opted, and sworn and served on the Jury The
trial lasted from the 18th to the 23d of Deem,
her, 1880, inclusive twelve days., the verdict
OF the jury having been rendered on the latter
day. Patterson, at the time he was sworn a
juror in the case, under sixty-five years Of
age but during the trial reached that aye. and
at the time the jury of which he was member
returned verdict of guilty he had passed the
age limit prescribed in the jury law.
This question is important one. involving
the right Of Funk to be tried according to the
forms Of law and by legally constituted jury.
therefore recommend that he he granted a
respite until the second Friday in November next
tNovember ., 1900. in order tina; an oppor.
tunity may he given for the Supreme Court of
tn United States TO hear his petition for GER
tiorari.
The Juror Patterson referred to at
tanned his sixty-ffth year on the 9Th day
Of the trial. Mr. Baker, on that day,
called the attention of the court to The
fact and asked that the entire panel be
discharged and new jury sworn.
When seen, after the news of his re-
spite had been told him. Funk did not
appear very much moved. He accounted
for his composure by saying that the rec
ommendation of the Attorney General vas
no surprise 20 him, for he has always
been confident that he will eventually be
granted a new trial. The action taken
yesterday he considers as the first step
in that direction. Funk has always con-
tended that he would not be hanged on
Friday next, or at any other time, for
that matter.