The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-04-12

2
Sheriff Dickmann received a telegram from
. Governor Dockery granting n respite OF tif-
teen days for the purpose Of investigating
new testimony which was discovered by two
! of Chief Desmond's detectives.
Circuit Attorney Folk. who requested the
respite. expressed disappointment at its tar
dy arrival. but declared his firm belief that
Flutcher was guilty and the respite would
only have caused a delay OF fifteen days IN
the execution.
Sheriff D!ckmann says he did only his
duty in carrying out the Instructions Of the
death warrant. The execution. as in all 9TH
er cases. was set by the Sheriff for 6
o'clock in the morning, and if the Governor
had any idea OF granting a respite, Sheriff
| Dickmann maintains. he had every reason
TO believe that the respite should reach him
by the appointed hour
Miss Bertha Goehler. dressInaker. living
at No. 25I5 Benton street is the witness
discovered Thursday night. whose testi-
mony, it is believed by F'lutcher's friends,
would have saved his l:fe, or at least have
caused the Governor TO commute the sem
tence. Since the case had been passed upon
ty the Supreme Court there could be no
new trial.
Miss Goehler claims to have witnessed the
killing Of Louis Roth by Flutcher, and she
declares the latter shot in self-defense. She
did not come forward before. she says. be-
cause she did not even know when the trial
took place and did not realize the impor-
tance Of her testimony until she read in the
newspapers that the death watch had been
placed on The negro.
New Trial Was Impossible.
The only chance for Flutcher to es-
cape the gallows was for the Governor to
interfere with the sentence of the
courts. The case had been appealed to the
Supreme Court and affirmed. and sentence
passed by the tribunal. So far the courts
were concerned, the case was finally dis
posed of after the Supreme Court affirmed
the sentence Of the trial court and the time
passed for rehearing.
The fact that new testimony was dis
covered would not have had any effect on
the decision OF the Supreme Court after the
case reached there on the transcript. The
new evidence. If of any real value TO the
condemned negro. was discovered too late,
SO far the courts are concerned.
The Governor, however, could have inter-
fered. even after the moose was about
Flutcher's neck, and reduced his sentence or
set him free. 1t is the assumption
that this extraordinary power is conferred 7
upon the Governor TO meet cases where for
any cause the courts have failed to do JUS
tice to those convicted of crime.
SheriT Fixed Hour of Execution.
The law does not fix the hour of an execu-
ton-that is left TO the Sheriff. In passing
sentence the court sets the day and the
death warrant commands that the hanging
shall be between the hours of a. m. and
p. m.
1t then rests with the Sheriff what hour
shall be appointed but it is a long -estab-
lished custom to lead the condemned man I
fro, htu all tfr-r hn1t -raapifiAd
Sheriff Dickmann set the watch Wednes- !
day morning at o'clock, forty-eight hours |,
before the hour of the hanging. /
Flutcher's friends made every effort to
procure a respite, but failed. On Thursday
afternoon James Staubus. the attorney who
defended Flutcher, learned that Miss Goehl-
er had Witnessed the tragedy and could
throw new light on the case. He and the
Reverend d. p. Roberts. pastor of ST.
Pauls Chapel of the African Methodist
Episcopal Church, laid the case before
Governor Dockery. but he refused TO act,
saying he had given his final opinion and
he would not change 1t unless requested to
do SO by the officers Of the court from
which F1utcher was sentenced.
Doctor Roberts and J. Milton Turner laid
the case before Chief of Detectives Des-
mond, who detailed Detectives Harrington
They visited Miss Goehler and procured
detailed statement.
Miss GOehIer's Friend Acted.
It appears that she made no mention of
the case TO anyone until few days ago
when she spoke of II to Mrs. Rachel Nil
Ter of No. 27I0 Madison street. Mrs. Miller |
Informed F1utcher's friends and they at
once brought it to the attention OF the po-
lice.
Miss Goehler said she was passing the
mouth of the alley on Leffingwell avenue
Montgomery and Benton streets
on the evening of August q. 1900 and saw
Roth rush at Fiutcher with a baseball bat
In his hand. Flutcher, she said, was Obliged
to fire IN self-defense. There were two
or three other boys with Roth. she said,
and one of them carried the bat away. This
testimony contradicted that introduced at
the trial and tends to bear out FlutcherS
which he made at the start
Detectives Harrington and McNeal hav-
ing procured her statement, hastened to the
residence of Circuit Attorney Joseph w.
Folk. reaching there about IL o'clock. Har- |
rington worked on the case originally and
he was inclined to lay stress on the new
testimony. On the strength Of their state
ment Mr.. Folk telegraphed Governor Dock
cry for respite follows:
Folks Telegram to the Governor.
Governor A. NJ. Dockery, Jefferson City:
In Henry F1utcher's case detective depart
ment reports discovery of evidence which /
should be thoroughly investigated. For this
purpose 1 recommend respite for ten days. |
JOSEPH w. FOLK,
Circuit Attorney"
The telegram was forwarded at u:i5 p.
m. Nothing further was heard until 2:30 a !
m, when messenger reached the Four |
Courts with a telegram addressed to Mr..
Folk. Sheriff Dickmann opened the tele-
gram, expecting to find the respite, but, In
stead, II was a message from the manager |
Of the Western Union Telegraph Office at !
Jefferson City, stating that Governor Dock
cry refused to come downstairs, but ordered |
the boy to put the telegram under the door.
Telegraph Compnny's Report.
The Western Union managers telegram
read:
''Folk-Yours of 10th to Governor A. NJ.
signed Folk Messenger reports
Stuck his head out Of second-story window
told him nature Of message. He told him to
put 1t under door. Made no reply.
Jefferson City, Mo-, April II, 1:36 a. M"
Sheriff Dickmann read this telegram over
the telephone to Mr.. Folk. and both took
1t to mean that Governor Dockery did not
intend to interfere, SO the preparations for
the hanging went ahead.
GOVERNOR DOCKERY'S STATEMENT,
REPUBLIC SPECIAL
Jefferson City, Mo-, April 1L-Commenting |
upon the execution of Henry Flutcher, Gov
ernor Dockery said: !
Henry Flutcher murdered Louis Roth. in |
the city OF st. Louis, on August 27. 1900 He !
was tried by the st. Louis Circuit Court ana
convicted. Upon appeal to the Supreme