The Montgomery advertiser., 1904-11-24

dons, how oid Policeman Kirlrley know that the man by his eide whom he said did not shoot. was Frank Duncan? This question Is appropriately coupled with the fact that the two men arrested as suspects In Birmingham were un- known to the officers. Mrs. Duncan was informed last even ing at $ o'clock of the decision Of the Board Of Pardons. The recommenda- tion reads as follows:
 ITO the Governor:
 Frank Duncan, murder; sentenced to be hanged.
 Many citizens have petitioned for a communication of this mans sentence, and few letters have been presented for our consideration. After carefully l considering all of 1t, we do not find sufficient evidence to authorize us to recommend that the verdict of the jury be interfered with.
 We. therefore, decline to make a fa- vorable recommendation. tEs
 Massey Wilson, Attorney General,
 'E. R. McDavid, Secretary of State.
 "T. L. Sowei1, State Auditor"
 wifesn Pathetie P1ea.
 The scene before the Board of Par dons was pathetic, Mrs. Duncan was dismissed after thirty minutes from the interview with the Governor, whom she
  band in tones audible through the walls of the Executives office. S Mrs. Duncan was invited before the Board of Pardons about 3:S0 o'clock. The attendance was limited to the three members of the Board and press repre-. sentatives. Mrs. Duncan, somewhat recovered since the trying moments with the Governor. arose by request and addressed the sombre audience. In this woman. reason overcame turbu- lent emotion, and she presented her cause with remarkable presence of mind. suppressing all tears except at rare intervals.
 With the ease of a learned counsel skilled in the art of address. Mrs. Dun can, undoipg a bundle of letters and petitions, began: '7entlemen. my husband Is innocent of the charge against him and I beg you to save his life. These are peti- tions signed by citizens of Birming- ham. Each petition was placed in prominent places in the city and the names were signed by those who don't believe my husband was with the gang of robbers when the policemen were shot"
 twas your husband with the gang that night at ail7" asked State Auditor SoweIl.
 He told me he was with them early | iu the night" replied the woman, this time somewhat abashed. She said Duncan was with them before the shooting. but was not there when the oficers were shot.
 T have spoken to men who saw New York Harry, soon after the shooting" continued Mrs. Duncan, "and they told me that Harry said If they hang Frank Duncan they will be hanging an in- noeent man. And Miller who was hanged in Birmingham said that Dun- can was not, guilty.
 Mrs. KirIEley in the letter, you see there, says her husband before dying acknowledged that my husband was not the one who did the shooting. A policeman in Adamsyille the other day. said that Sheriff Burgin told him after my husband was convicted that he was convicted on clrcumstantial evvidence." Mrs. Duncan Rode All Night.
 ''Did you see the judge and the jurors 1 for q recommendation" asked Secreta- " of State McDavid.
 'sYes, saw the judge" she answer ed, land he told me to see all the jurors | first. So I went all over the county Friday and Saturday night looking for the jurors fin the case. Friday night travelled twenty-two miles and Saturday night thirty-four miles. got the signatures of six grand jury men also got to see Mir T. D. Gwin, one of the petit jurymen, and he told me that eight were In favor of hang ing my husband and four were in favor of life sentence. Then one by one the four went over.
 "Gentlemen does all this look like my husband ought to be hangedT'
 At the last words she could not sub due her feeling and burst into sobs.
 Mrs. Duncan told of how she had been deprived of seeing her husband by the Sheriff of Jefferson County and regard ed 1t as an act of cruelty.
 State Auditor Sowell assured her that Sherlif Burgln did not contemn her, but was taking ail precautions to prevent another escape of her husband She re1oined that she offered to be searched and be attended by any number of guards and held at a safe distance. still her presence fin the jail was for bldden.
 Finally. the case was taken under advisement and after extended con- sultation the Board announced its ad- verse recommendation.
 Mrs. Duncan went from the presence of the Board of Pardons to the Gov ernor's oGhce again and renewed her supplication. She was again led away and conducted from the capitol to await the action of the Governor.
 The wife of Duncan is a small wo- man apparently s5 years old. She wore quiet costume and spoke with intelligence. She will probably return to Birmingham today.
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