The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-11-08
PLEA TO THE PRESIDENT
Funk Counsel Make an Appeal
for Mercy.
Mr. Mckinley Promises Careful Com
sideration. Eut Will Not Act
He Has Read Solicitor
Richards Report-sIaaiI Hope IL
tertaimed OF Executive CIemency.

Inc PreSldent, shortly AFTER noon lOtdy,
received the report OF Acting Attorney Gen
eraI J. X Richards on the petition for
cfemsncy in the Funk murder case. Mr..
Richards declared that he could not do
other than recommend that the applica-
tIen be denied" Mr. Richards action in
approving the sentence of death was in line
with the action of District Attorney Ander-
son. 1t was also in harmony with the
policy of Justice Cole, the trial judge, who
declined TO make any recommendation
lending toward executive clemency.
The President is expected to take final
action on the petition today. 1t has here
tofore been his custom approve the ac-
ton of his departmental heads in every
case OF this sort. II that be done today,
the petition viii be denied and Funk will
mount the scanoId tomorrow. On the other
hand, the friends of the condemned MUIR
derer have hopes that the favorable result
of the election may incline the President
to eiemency. They have not given up hope
fer reduction of the sentence TO life i'm
priSonment-
The report Of Acting Attorney General
Richards was as follows;
I have carefully considered this appli-
cation, taking pains to examine the evil
dence introduced the trial as we'll as,
the petition and papers filed in its support.
The proof of guilt on the trial was clear
and convincing. Under their oaths the
jury could have rightfulIy reached no 9TH
er verdict There were no mitigating cir
cumstances- The full penalty of the Law
was demanded for the protection of society.
and Sc the jury found in declining to quail
tg the verdict The alleged newly diseoy-
cred evidence was before the court on an
application for new trial which was re-
FUSED IN any event, it is essentially i'm
material and If introduced on the trial
could properly in 10 way have affected the
conclusion reache.i. Under the circum-
stances. | cannot do other than recommend
that the application be denied. For an &C
count of the crime as shown by the evi-
deBce, | refer to the report of the United
States District Attorney -
D. W Baker and Alex Wolff, the atter-
neys for Funk. were early callers this
morning at the White House. They were
accompanied by Father J. ]. Mcclure the
condemned mans spiritual adviser. The
President admitted these gentlemen al
most as soon as their presence was an
nounced to him He received them most
courteously and listened attentively for
quarter of an hour, while they made their
plea for Funk.
The basis OF it was the claim that tes-
timony had been received since the trial
that proved Funk's alibi by showing that
he was in the park at the time of the
murder. They claimed that he was in
nocent, but they did not ask for a pardon.
What they sought was a Communication OF
sentence TO life Imprisonment.
Father MCGUIRE added few words of a
general nature. He did not affirm his be-
lief in Funk's innocence but expressed
the hope that the President would see his
way clear to commute the sentence.
Al the tire they called Mr.. Mckinley
had not received the report OF Solicitor
General Richards on Funk's application
hot !
with Mr. Richards recommendation. Mr..
Mckinley would not commit himself to
any action in regard to clemeEcy.
He promised The three callers to g.Ye
most careful consideration TO the case,
but made no promises The two attor-
neys and the priest left the White H1us.
with faint hope for aid from the Presi-
dent.
1t is expected that Mr. Funk the faith
er. viii call upon Mr.. Mckinley this af-
ternoon. in last desperate efcrt to save
his boys life. Mr.. Funk has made a IA
vorable impression upon the ofhciaIs OF
the Department of Justice with wbcm he
has come in contact. They have been
most kindly disposed toward him, 10.
only because of the calamity that has
come upon him in his old age, but also
because of his manly bearing throughout
the ordeal.
Father Mcclure visited the District JalI
early this morning and spent the greater
part Of the morning in the cell with Funk
The condemned man continues to assert his
innocence with a persistency that is al
most convincing He greeted a Times re-
porter this morning with a smile and a
shake of the hand and said that he stin
hoped for a Communication of sentence. but
eaid he. IF it is Gods will that I shall die
tomorrow 1 must abide by it, When ask
ed If he had anything TO say for publica-
ton he said that he had already exhausted
zrar hi ha Fci 70 aOT fha+ h.
probably talked too much.
Warden Harris is expected in Washing
ton this afternoon and the preparations for
the execution have been completed.
At 8 O'Clock this afternoon Mr. Funk
was at the White House waiting to see the
President to make a last appeal for his
sons life.