The times. [volume] (Washington [D.C.]) 1897-1901, 1900-06-24
NO CONFESSION BY FUNK
The Condemned Murderer Had
Merely Sold Cod Brick"
Laughs mt the Idea of Having Adj
mitted His Guilt and Offers to
Wager Cox of Cigars That He
Will Not BE Hanged Next Friday
Smell Wasted to n Mere shadow.

A rumor got into circulation yesterday
that Frank ". Funk, the condemned muir
derer, who will be hanged In the District
Jail next Friday. unless his counselors find
more excuses for the laws delays, had
| made sensational confession Of his guilt.
The story was all the more Startling be-
cause there is now pending final appeal
in the prisoners behalf. the basis of which
is his alleged innocence.
Investigation proved that Funk had made
no confession, but that he had been en-
terprising enough to sell to a New York
newspaper what purported to be one, but
which was really a gold brick" as such
fictitious stories are characterized by news
paper men.
an argument against conviction for capital
offences ON circumstantial evidence, but
he made it saiable by prefacing it with
the following headlines:
Confession of Frank W. Funk
Under Sentence of Death for the Murder of VIII
liam II. Brooks.
To Be Hanged a; Washington, d. c., June 90,
The Terrible Curse of Blood Money and the Mis-
carriage of Justice in Pronouncing Death
Sentence on Circumstantial Evidence
By Frank W. Funk, the Condemned Murderer.
The headlines were not only sensational,
but misleading, inasmuch as the story that
he had confessed was Indignantly denied
by Funk himself at the District Jail yes
terday. He said he was astonished that
the report had been given the slightest
credence and laughed when reminded that
no matter from what source ii emanated
it was circulated on the second anniversary
of the crime for which he is condemned to
die on the scafold.
Yes Funk answered when reminded Of
the anniversary. 'it was on June %. 1898,
that old man Brooks was killed. just two
years ago. l had thought of that this
morning. Still l had nothing to do with
the killing and that fact will assert itself
some day.
Il have nothing to confess, as l have
committed no crime Funk said, and
will gamble that l will not hang on June
90 or on any other day"
The condemned man offered to wager a
box of cigars that he would never be exc
cuted.
There are two ways to avoid being
hanged" said he, "and they are open to
me now. The schemes were worked twice
in the West. One instance was that of
Theodore Durrant and the other was that
of John Collins, both California murder
ers. Durrant, you will remember, obtained
stay Of execution through writ Of
habeas corpus Just forty-eight hours be-
fore the time scheduled for his death
Collins also get stay by the same
method. / intend to ask the Court of
Appeals for writ of habeas corpus, and
expect to get turned down. Then | will
appeal to the United States SUPP enc
Court, and l must get stay OF execution
pending action, as they cannot hang me
while the habeas corpus proceedings are
pending. You see by that means l can
gain time for my writ of certiorari. Yes,
that is one way to stop the execution, and
the other-well, you will learn of 1t, old
man.
Funk was asked If he intended to cheat
the gallows by suicide. The question was
inspired by a peculiar wink by first one
and then the other of Funk's eyes. 1t had
the effect of causing Il change IN his de-
meanor and he replied with some heat:
81 am no coward. / am not afraid of
death. If it is necessary. / will go on the
scaffold like man and show that dog Smell
how to die
Funk, in appearance. is in far better
condition physically than he has been ct
any time since he has been in custody
He appears hopeful. and his nerve is won
derful. The attaches of the Jail say the
man has been model prisoner and they
anticipate no change.
Benjamin II. Smell, who is condemned
to die with Funk. is mere shadow of his
former self. He is greatly reduced in flesh
and appears weak. Smell pretends not to
know that he is TO be executed and denies
all recollection of his crime.