The Birmingham age-herald., 1904-11-24

4 night that he would not interfere ' @ with the death sentence of Frank ' < Duncan, convicted of the murder of A . a Birmingham policeman and sem ' & fenced to hang next Friday. This ' ~ removes every hope that the con- ; . demned man has. % e@@4~-&~4&%~-e<-e-@ Montgomery, November 23.-(SpeciaL)- Almost prostrating herself and with her body shaken and torn by the anguish of her situation, Mrs. Myrtle Duncan, wife of the condemned Birmingham murderer and safe blower, gave the acting gover- nor of Alabama one of the most heart rendering half hours of his whole life this afternoon.
 With tears streaming down her Drowned and grief furrowed cheeks and words of pleading on her trembling lips, this earn est and persistent woman, faithful unto aeath." cried for the life of her husband, and begged the governor as one with 2nIy single hope left, to stay the strong pand of the law and save the condemned man from the cruel strangulation of the hangman's knot. By the love he bore his pwn and the affection of man to the nothers who gave him life and the wife who comforts his days, he was implored to exercise the power which he alone possesses to keep the hour and article of death.
 Denied By Court.
 The supreme court made public its de- rision at about 10:S0 this morning that no writ of error would be allowed in re- yponse to papers in the case filed Mon day the effect of which was to place the matter in such shape that Duncan would be hung Friday, according to sentence. if there was no interference on the part of the chief executive.
 Almost simultaneously with the an- nouncement of the action of the supreme court, little woman, with a set de- termined mouth. sharp but not unat- tractiye nose and eyes that flashed out fxedness of purpose and marked intelli- gence, turned from the lobby of the capi- tol into the office of Private Secretary D the Governor, J. Kirk Jackson. She was met by Recording Secretary Mike Screws and invited inside. She said she desired to see the governor and was told that her request would be granted shortly, the executive being at that time busy with some others WHO Ildu CdlitQ 6dllSi. MI. Screws learned that his guest was Mrs. Duncan which information was soon well distributed over the capitol
 Had Little to Say.
 The correspondent of The Birmingham Age-Herald was the first newspaper man to make the discovery of the presence of Mrs. Duncan and he walked over and spoke to her of the object of her visit to the capitol.
 T am not doing any talking" was the reply though 1t was not said in any tone of ill-humor.
 Perssting in his endeavor the newspa- per man finally induced the sorrowing woman to talk some of her troubles and to tell something of what she had in view. She talked of the prospect of her husband and the hope she had of getting him relief, but refused all along to make any definite statement as to her pro- posed course of action.
 Saw the Governor.
 Finally word was brought out that the governor would not be able to see her be- fore after lunch and engagement was made for 2.30 D. m. She was on hand to the ainute and the executive walked into his private office she stood ready to follow, being received in a few mo- ments What took place inside no man will likely ever know. When she came out her whole body was shaking with sobs and she stood as if she had been through an ordeal that almost exhausted her whole vitality.
 Acting Governor Cunningham sat at his desk looking down at the floor as the re- porter walked in. a short time after Mrs Duncan came out The slight noise of the door made him look up, and as faint smile of welcome ran over his lips he spoke the two words, Come in" Sev- eral seconds passed, and he exclaimed This is awful He looked as if he had been called upon to meet something that had given him hard turn, and about which he showed no desire in the world to talk.
 Mrs. kirkIey's Letter.
 Just here it was found that new and to some extent sensational evidence had been submitted in letter from Mrs. G. w. Krkley wife of one of the policemen said to have been killed by Duncan and a partner on the night of March 27, 190O This letter had been referred to the board of pardons with the other papers and a meeting of the board called for D. m to take up the case. In this letter. pur- porting to be from Mrs Kirkley, it was stated that Officer Kirkley said before he died that Duncan was not the man who shot him.
 The next chapter In the rapidly moving tragedy was opened at o'clock in the pri- yate office of the secretary of state. Pres ent were Secretary of State E. R. Mo- David, Attorney General Massey Wilson and State Auditor Thomas l.. Sowell, the entire membership of the state pardon ing board, and half a dozen newspaper men. Just before the assembling of the board Mrs. Duncan requested the news naper reporters to keep out and let her tell her story to the board alone, but this was not granted the law making the ses- sions open, and the writers desiring to keep fully posted on the story.
 Makes Her Plea.
 Asked to make her statement and pre-