The evening times., 1900-03-05

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between sixty and sixty-fye. Still another
great difference which may be noted in
connection with the crimes is. that one
was committed just as the day was about
dawning and the other a few minutes be-
fore sunset. There is vet one more cir
cumstanCe in connection with the mur-
ders which is worthy of mention. Smell
murdered Lizzie Weisenberger while she
was ending her morning sleep. and Funk
crept upon old man Brooks and struck
him down as he was making his way to
his couch TO take his afternoon rest.
After the commission Of the crimes both
men attempted TO evade arrest by fleeing
Smell was arrested after a chase OF more
than an hour. about three miles from the
home Of his victim. while Funk managed
TO escape the hands OF the law for nearly
eighteen months. he was arrested in Co
lUmbia. Mo.
II is known that Smell had been drinking
heavily the night before he murdered Liz
Zie Weiseuberger. and when arrested
claimed 10 be entirely ignorant OF having
committed any offence. Since then his re-
latives and friends have contended that he
has for a number OF years suffered from
what is known as paralytic insanity, and
during his trial the prisoner made every
effort to play the role Of an insane per-
son.
1t was different with Funk, however
When called TO trial he faced the court
and jury with a bold front. and daily.
when the most damaging evidence as TO
his guilt was being presented to the jury.
he sat with a smile upon his lips. and not
once. even when awaiting the announce
ment Of the verdict. did he exhibit the
least sign OF fear. Funk's great nerve did
not desert him on Saturday when called
before Justice Cole for sentence. While
the death penalty was being pronounced
by the court he listened with calm de-
meanor. with no trembling. He heard the
sentence Of death pronounced, and with
smile and head erect walked back 20 his
cell The fact that e may have been the
last time that he will ever see the outside
Of the District Jail did not seem TO de
press him. for he has always stoutly de
clared his innocence Of the crime Of which
he stands convicted and has an abiding
faith that the guilty person will be found
in time to save him from death on the
gallows.
In the case Of Shell there has never
been cny question as 10 his having muir
dered Lizzie Weisenberger. That he is
guilty Of the commission. Of the crime has
not been denied. either by his counsel,
crime was a question Of mental response
blity. Il was different. however. with
Funk He has always COntended that he is
entirely innocent. and has attempted 20
cast the responsibility OF the crime upon
another.
The Government made out a very strong
case Of circumstantial evidence against
Funk II proved that he-was in possession
OF the money taken from the Brooks house
on the afternoon or which the crime was
committed. Funk admitted having the
money. He claimed that he received it,
or. rather, stolen Il. from Sophie Brown
within an hour after her father was killed
Brooks is supposed to have been killed
about $50 p. m. on June g. 1888, at his
home 9l4 Twenty third Street northwest
At that hour. and for half an hour be
fore and after the crime was committed.
there were two men standing on the pave
ment within fifteen or twenty feet Of the
front door Of the Brooks home. Witnesses
testified that they did not see Funk at the
Brooks house at that time Of day. nor did
they hear any noise or disturbance OF any
kind In the house. A dozen or more peo-
pie had seen Funk at the Brooks house
near p. m, but not after that time
The whereabouts OF Funk at the
moment the murder of Brooks is
supposed to have been commit
ted. was cleared up by himself when
he testified in his own defence. To the
surprise Of all after the Government had
failed 10 bring him nearer the murder. In
point OF time. than two and one-half hours
Funk when on the witness stand testi-
fed that he was at the Brooks house at
$50 p. IN.
He went only as far as the front door.
he said. and on looking in saw Sophie
Brown and a colored man. Sop ie. he
stated. looked excited and asked him for
Gods sake to go away and to meet her
in Washington Park. This he did he
declared. and IL was then and there that
he took the money from her which had
been stolen after the murder OF her father
Smell and Funk have been sentenced TO
suffer death on the gallOws on the same
day. May II next, between the hours OF
midday and p. m.
The former was sentenced by Justice
Clabaugh who presided at his trial. and
the latter by Justice Cole The setting OF
their execution on the same day will
probably be considered by the condemned
men as an act of mercy. They can, and
no doubt will be, great assistance TO each
other In preparing for the awful death
which awaits them.
II Is understood that the attorneys for
the condemned men have not ceased work
ing in their behalf and nothing will be left
undOne TO obtain a stay OF execution. In
both cases appeals have been taken to the
Court OF Appeals for the District asking
for new trials for the defendants. and II
decision should be rendered against them
in that court a last appeal will be taken
TO the Supreme Court Of the United States.