The Montgomery advertiser., 1904-11-24
WIFE PLEADS
 FOR DUNCAN. Life of SaftblOWer Will Be Snufftd Out.
 - WRIT OF ERROR DENIED State Board of PardOnS Re-
 fuses to Interfere. slayer of Policeman KirhIey of Birm- insham, VIII Be Hanged To- morrow--Governer Denies Application.

Haggard of form and with face har- rowed by restless grief lasting nearly two months, Mrs. Frank Duncan, wife of the condemned safe blower and rob- Der sentenced to be hanged in Birm- ingham tomorrow, came to Montgom- cry yesterday morning and alternately pleaded before Acting Governor Cum ningham and the Board of Pardons be- | tween sobs and amid tears for the life of the one dearest to her heart. After giving nearly all of the day to the consideration of Duncan's plea, Governor Cunningham announced last night that he would not interfere with the sentence of the court.
 When first Mrs. Duncan appeared In the ante-room of the Governors ofice she asked this question of Recording Secretary M. H. Screws, with an ex- pectant trenor in her voice: What has the Supreme Court done with the petition of Frank Duncan, please sirg"
 T understand that it has been de- nied, Mrs. Duncan" replied the secre- tary, and she whom he addressed smiled involuntarily. Instantly as she turned tears welled to her eyes, sup planting the unnatural smile. She asked for an interview with the Cow erhor. The interview was granted and was set for 2:s0 o'clock yesterday after noon.
 Supreme Court Denies writ.
 The order of the Alabama Supreme Court formally denying the petition for writ of error at common law subnait- ! ted Monday by Col. W. H. Denson, counsel for Duncan, was given yester- day morning. The transcript of the trial court record accompanied the De- tition and the latter was heard on all the assignments of error made by Counsel Denson.
 This action of the Supreme Court caused every hope of Duncan this side of the Governor to vanish. The, Board of Pardons, composed of Secretary of State E. R. McDavid. Att torney General Massey Wilson and State Auditor Sowell will not interfere with the verdict of the Jefferson Coun- ty. Criminal Court finding Duncan guilty of the murder of Policeman c |. w. Kirkley of Birmingham, and fixing a death penalty. The recommendation not to interfere was forwarded to Gov ernor Cunningham at 6 o'clock last evening. after the members of the BoaRd had heard the pathetic oral tpleas of Mrs. Duncan, who submitted | a letter from Mrs. George w. Kirkley, wife of the murdered oflcer, and pe- titions signed by over a hundred citi- zens of Birmingham.
 It is the letter of Mrs KirkIey ad- dressed separately to the Governor. reaching him yesterday, that is deterr- ing the action of the Executive. The sudden appearance of Mrs. KirkIey in che drama which began in March, 1900, and now is about to close with the exc eution of the central figure. Is an anom- ally. The letter Is ambiguous. Be-
  understand It's meaning exactly, he inn mediately began 6 conversation over the long-dtstance telephone with So- licitor H. P. Hehin, requesting him to verify the authenticity of the letter and procure a fuller meaning from Mrs. Kirkley.
 Letter from Mrs. KarkIey.
 The letter of Mrs. Kirkley Is as fol- lows:
 'To His Honor. Acting Governor Gun ningham: In behalf of Frank Duncan, who is to be hanged fin this city Friday the 18th instant, for the supposed mur- der of my beloved husband, George W. Kirkley. March 27. 1900, feel 1t my duty as a Christian, to tell your honor my husbands statement to me was this: : The man Crank Duncan) that was with him did not do the shooting and this is all can say
 Respectfully,
 Mrs. G. W. Kirkley."
 Mrs. Kirkley wrote this letter from her home. 1929 North Sixteenth Street, Birmingham.
 The enigmatic part of this letter is the alleged statement of the deceased officer that the man-Frank Duncan in apposition-did not fire the shots which resulted in the death of Policemen Kirkley and Adams, beat companions of the force. The question arose imme- diately in the minds of the Governor and the members of the Board of Par