Evening star., 1900-05-31
FRANK FUNK, CONFIDENT
BELIEVES 4h WILL ULTIMATELY
GAIN HIS FREEDOM.
Hi. Case and Th"t5of Smell in Court
of AppealH-Early Deci-
sion Probable.

June Is, two weeks from tomorrow, is
the time set for the execution of Frank
William Funk for the murder of w. H.
Brooks, and of BENJAMIN H. Smell for the
killing of little Lizzie Weisenberger. Their
cases are pending in the Court of Appeals
on motions for new trials, and 1t is expect
ed that they will be decided next week. 1t
was because of the appeal that the execu-
ton of the sentence of the lower court had
to be postponed from the 11th of this month
until the 18th of the coming month, as
stated.
The decision of the court in the two cases
will not be known. of course, until it is an
nounced by the court. but Funk and his
counsel Messrs. Baker and Price, are
confident that the decision will be favorable
to their client, Funk. In the other case, it
is alleged. the situation is different. What
ever may be the opinion of counsel Smell
does not seem to think he has any show
whatever of escaping the gallows.
In the event of a decision unfavorable to
diately apply to one of the justices of the
Supreme Court of the United States for
writ of certiorari. Should this application
be refused. an effort will be made to get
writ of habeas corpus. Under these condi
tions it is believed the case will not be passed
upon until next winter as the Supreme
Court will not meet again until October.
So confident is Funk of a further postpone
ment of the date Of execution in his case
that he has written letters to friends as
surfing them that the Jail will continue to be
his place of residence during the remainder
of this year, at least.
Funk's Cheerfulness.
Funk is as bright and cheerful as he was
the day he entered the Jail. His father
visits him occasionally and his brother-in-
law called on him a few days ago. AL
though he believes he will ultimately gain
bn hno h &c r
tention to religious matters John Roberts.
the colored missionary, pays him frequent
visits as he does Smell, and the Rev. Father
Mcguire of ST. Peters Church, who does
missionary work at the jail, also sees them
Religious papers and books are furnished
both men, but Smell does not show the in
terest in them that is exhibited by Funk
The latter Is in much better health than
he was when he was admitted to the prison,
and has gained fully thirty pounds In
weight.
Funk is always particular about his per-
sonal appearance, while Smell is totally in
different in this respect and, 1t is stated
he uses no more water than is absolutely
necessary. When he was admitted to the
prison he tipped the scales at 297 pounds
He has lost considerable flesh. and the jail
officials think he now weighs only about
24O pounds. 1t is feared that some trouble
will be experienced in getting Smell to the
scaffod, and. because of his heavy weight,
the officials are not certain what the re. re-.
1
the scene at the Stone hanging would not
cause a surprise.
Meals Regular and Daily Exercise.
Both condemned men are furnished their
meals regularly, and are given time to ex-
ercise in the corridor every day. They are
not taken from their cells until the other
prisoners finish their daily walk. Then
they are let out one at a time, as are the
other condemned murderers in the prison.
Funk is light his feet and Is very
active. while Smell simply shuffles along
| and pays no attention to the other pris-
oners or to his surroundings. He has a
| bandage about his head all the time and
| is constantly complaining Of having the
| headache. When addressed by the guards
or prisoners he seldom makes an answer
except one in the nature of a complaint
| about his physical condition, such My
| head aches and ~. haven't slept any"
| He frequently calls for the prison physician
and complains OF being troubled with in
| somnia-
| A few nights ago Smell startled the pris-
oners in the south wing of the Jail by
| screaming. Wtsen the guards reached his
| cell he told them that there was too much
| electricity in his head.
| Take it off, he shouted. Il can't
| stand it
| The guards succeeded In getting him
| quiet in a short time. Mrs. Smell, wife of
| the condemned man, calls at the prison to
see him about once week and she usually
| has her Oldest daughter with her. Soon
| after the crime was committed she con-
| veyed all her children to the prison several