The Birmingham age-herald., 1904-10-21
DUNCAN SECURES
 STAY OF EXECUTION
Judge Greene Changes Day for
 the Hanging.
POSTPONED TWO WEEKS
Condemned Man Is Hopeful-Jury In Criminal Court Declared Him to Be the Frank Duncan Men
 toned in Court Records.

T know of no man in the world that has been sentenced to death as many times as I have" said Frank Duncan last night. Three times has the death sem tence been passed on me to say nothing of the sentence for life
 This statement was made by the con- demned man at the county jail in speak ing of being carried to the criminal court yesterday morning and being sentenced to die on the scaffold on November 25, in- stead of November H. By the stay of ex- ecution of yesterday the prisoner Is per- mitted to live five more weeks instead of three. Under the present sentence of the court he is to die the day fol- lowing Thanksgiving Day.
 The identity of Duncan was passed upon yesterday in the criminal court by one of the juries organized for the week, upon instructions from Judge Samuel E. Greene Witnesses were examined and after the Jury retired for few minutes for delib- eration the following verdict was return ed
 We the Jury find in favor of the state.
 HENRY KEY, foreman"
 Decided to Grant Request
 After consulting with Solicitor Harring- ton P. Hehin and Colonel W. H. Denson, Judge Greene decided to grant the recent request of the state for the establish ment of the identity of the prisoner by jury. Yesterday morning at Il o'clock was the time agreed upon, and there were a comparatively few people in the crimi- nal court room when the proceedings commenced
 When the prisoner was brought into court he was asked if he was the Frank Duncan referred to in the court record. He replied to this in the negative. Sheriff lice Wier, Chief Deputy Stradford and John P. Abbott, chief deputy in the office of the clerk of the criminal court were placed upon the stand and they all iden- tlfed the prisoner as being Frank Dun can.
 After the verdict of the jury had been read Judge Greene asked the defendant to again stand up. The prisoner was then asked by the court If he had any thing to say why the sentence of death shrould not again be passed upon him. To this Duncan replied:
 T will say that I am not the man."
 Sentence Pronounced.
 Judge Greene--"It is the sentence of the law that on Friday. the 25th day of Mo- vember. 1904, to a place appointed by the law you shall be taken by the sheriff or his deputy and hanged by the neck until you are dead. And may the Lord have mercy on your soul.'
 The proceedings being at an end, the prisoner was returned to the county jail. T did not know anything of the pro- ceedings until shortly before I was car- rled over to the court room yesterday" said Duncan last night. '1 did not know whether they had come to execute me or not. I cannot help but feel more hope full now than I did when the court fixed my execution day on November H."
 Supper He Didn't Get
 Several young ladies employed as wait CTS in local restaurant. called to see Duncan Wednesday afternoon. Before leaving him they promised to have a nice supper sent up to him at the county jail that night.
 But the supper never came" is the way Duncan expressed it last night
 The wife of Duncan called at the sheriffs office yesterday afternoon and left letter for her husband, receiving one from him in return.
 Duncan has received a letter from Frank Edwards at Flat Top. In this let ter the writer said that Jeff VanHorne, who is also there, denied that he made the statement that Duncan declared he was guilty of murder the night they es- capped from the county Jail. Edwards wrote that Van Horne would make an affidavit to this effect Sunday afternoon and would forward 1t to him
 For the past week or more Duncan has been busily engaged in preparing a long letter explaining his case. He stoutly maintains his innocence. The letter is ad- dressed to the editors of the three daily newspapers of Birmingham.
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 FEE Ic CONNICTEn