Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-06-23
President Declines to Commute Sem
tence Of Benz. Smell
RUMOR OF CONFESSION BY FRANKFURT
Talk With Both the Condemned
Men at the District Jail.
DECLARATION OF INNOCENCE

President Mckinley has refused the petit
ton made by counsel Of Benjamin H. Smell
for Communication of his sentence from
death to life imprisonment. This. as al
ready stated. means that Smell cannot es-
cape the gallows by executive clemency
and that his only hope lies in action by the
courts.
The President likewise refuses a commu-
tation Of sentence to Nelson Vale, who will
probably hang. The President commutes
the sentence of Arthur Landon to twenty
years in the penitentiary.
In all three of these cases the President
has followed the recommendations of At
torney General Griggs
A petition will. 1t is understood. be pre-
sented to the President asking that the
date of execution be postponed. to give time
and opportunity for a hearing of the case
before the United States Supreme Court
Smell, who is under sentence to die next
Friday. was seen by Star reporter today.
He says he Is constantly annoyed by the
people In the prison and he wears a rag
about his head to relieve the pressure of
electricity that is In his brain. This cleo
tricity. he said has also troubled his stom-
ach and burned out part of his mouth. In
speaking of his presence in jail he says he
is there just because 1t is within the power
Of the people to keep him there.
II have heard of it," he said when ques-
toned about the crime for which he is to
suffer, but don't believe 1 did it."
Unable to Sleep.
He complained that he had been unable
to sleep for a long time and has concluded
that he will no longer make an effort to
get rest In this way. The officials. he says,
give him enough to eat. and they sometimes
give him a drink of water.
When questioned about whether or not he
desired to see minister. he said he had
done nothing wrong and was not afraid to
die. 1t was his idea, he said. that min
lister would play a trick on him. AT one
time during the conversation he came near
answering a question which would have
tended to dspell his electricity theory, but
he suddenly seemed to understand the re-
suit of the answer. and said: You talk
so funny that I'll have to look at you"
SHELLS wife called on him yesterday after
noon and remained in earnest conversation
with him for fully an hour.
Funk Dispels n Rumor.
1t was rumored about police headquar-
tiers this morning that Frank w. Funk had
completely broken down and confessed that
he committed the horrible crime just two
years ago today. The condemned man
when spoken to this morning, denied that
there was any truth in the rumor and ex-
planned that he had written story for
publication. to be headed. '"The Confession
of Frank w. Funk In the story, how
ever, he says he simply repeats the testi-
mony given at the trial. and furnishes pic
lures of the Brooks family and the house.
These he says he sketched from memory.
Funk looked much better and appeared
to be much brighter today than he was
yesterday.
Soon after he heard of Judge Coles action
for his spiritual advisers, the Revs. Joseph
l. Mcguire and Martin O'Donoghue. The
former, in addition to being chaplain Of
ST. Cecelia's Academy is in charge of pris-
on and reformatory work, while the latter
is assistant pastor of St Peters Church
The priests remained with the condemned
man some time. and the latter appeared IN
much better spirits after they left him
than he did previously.
Funk spends most of his time writing and
reading and while he says he is prepared
to leave this world. he Is certain he will
not die on the scafforld.
Two Ways of Avoiding Execution.
Even If the President refuses to inter-
fere, he says, he has two other ways OF
avoiding the execution next week. One
way, he said. Is to follow the course that
was pursued in the cases Of w. H. Theo-
dore Durant and John Collins. in Califor-
MIA. The other plan, he said, he would not
discuss at this time. In the cases cited. he
said writs Of habeas corpus were asked
from the state court. and when the appli-
cation was denied an appeal to the Su-
preme Court of United States was noted.
He says he Is ready to furnish bond for
the costs of such an appeal and he believes
a stay of execution under such ctrcum-
stances is bound to follow.
In the discussion of the methods of avoid
ing the scaffold he said he would not do
anything to cheat the scaffold, meaning he
would not take his own life.
Funks father calls to see him occasion
ally, and would call more frequently, but
Frank has told him to spend very little
time at the prison. The interviews between
them, Frank says, are painful. and can
accomplish no good.
Warden Harris Is Ready.
Warden Harris is ready without having
to make much additional preparations to
comply with the sentence of the court in
both cases. 1t is the belief of the jail Of
flcials that both men will be executed next
week. The question of whether they will
go to the scaffold together, or whether one
execution will follow the other, has not
been definitely settled by the warden.
terly opposed to dying on the scaffold be-
side Smell.
II don't relish or deserve such humiia-
tion," he remarked to a Star reporter this
morning. 1.-The burden Of a crime has been
heaped on an innocent man in my case, and
I don't like :he idea of being classed with
Smell. But 1 am man enough to stand what
is given me-
Warden Harris will consider an applica-
should one be made, but he says his de-
cison will depend upon the conditions that
exist the morning of the day that the sem
tence Of the court is to be made effective.