New-York tribune., 1912-01-09
EXECUTIVE MERCY HOPE
OF R|CHESON'S COUNSEL
Governor FOsS Says He Will Not
Deny Confessed Murderer a
Hearing Before Council.
MINISTER'S PLEA DEFERRED
Illness of Attorney Postpones
Court Admission of Guilt Un-
til To- -day-Prisoner Prays
and Reads Bible.


Boston. Jan. S.-The inability Of Will
lam 4 Morse. one Of the attorneys for the
Rev. Clarence V. r. Richeson, TO appear In
court to-day resulted in a postponement
until tomorrow of Richeson's expected
plea of guilty to the indictment charging
him with the murder of Miss Avis Lin
nell Mr. Morse who has been under
severe nervous strain for some time, owing
TO his activities in the Richeson case, ana
has lost much sleep. found the events
connected with the announcement Of his
clients confession on Saturday too much
for his strength, and since Saturday night
he had been ILL., The attorneys condition
was greatly improved tonight, and IL was
stated that he would be able to attend
court tomorrow and assist John l.. Lee
and Philip r. Dunbar in looking after the
interests of the defendant
IT had been arranged that the clergy
man should be brought before Judge
George A. Sanderson. of the Superior
Court at p. m. to-day to make a formal
retraction of his former plea of not guilty
and to enter plea of guilty. When Dis
trict Attorney Pelletler learned of Mr..
Morse's illness he consented to post
forenoons session OF court. Between II
m. and p m. tomorrow, according to
present plans, Richeson will make formal
Acknowledgement I'm court of his responsi-
bility for the death Of his former sweet
heart The District Attorney declared he
would insist on Richeson's appearance to-
morrow.
The prisoner was notified of the change
ho
start from his cell in the Charles street
Jail TO the prisoners dock in the Superior
Court When he was told that the hour
for retraction had been deferred because
OF the Illness OF his principal legal adviser
the minister resumed his wonted place in
his narrow cell and began to pray and read
his Bible Friends have avoided visiting
him. and he spends most of his time in
eXhortation.
Governor and Council Can Save Him.
Murder in the first degree is the crime
charged. and death in the electric chair is
the legal penalty for that crime in Mas
.sachusetts 1t is generally expected that
after Richeson has been sentenced to death
an application will he made TO Governor
Foss and the Executive Council for COM
mutation Of the sentence to life imprison-
ment. Only the Governor and Council nave
the power 10 grant such communication.
Judge George 4. Sanderson, a former
District Attorney, has the option Of ACCEPT
ing the plea Of guilty and pronouncing the
death sentence at once. or holding 1t in
allowance until satisfied Of Richeson's men
tai condition.
Following District Attorney Pelletier's
appearance at the State House to-day It
was stated that Governor Foss would not
refuse 10 entertain q petition for clemency
but would look il over carefully and sub
NIT it TO the full Council for hearing on
its merits In the case of Charles l..
Tucker. convicted of numbering Miss Mabel
Page. the attorneys for the defence asked
for communication from the death sentence
Governor Guild, now Ambassador TO Rus
sla. heard the attorneys at length. as well
as the Attorney General and then refused
10 lay the petition before the Council.
The statement from the executive cham
Der relating 10 Richeson's case was taken
10 indicate that petition was expected
within a short time. The Executive Council
that is expected TO decide the fate of Richie
son is composed of Lieutenant Governor
Robert Luce and Councillors Eben 5.
j.
Alexander McGregor, DR. r. G. Frothing-
ham. Herbert f. Fletcher, Winfield S.
Shuster and A. II. Goetting the latter of
Springfield A ajority vote is necessary
10 approve action by the Governor.
One member Of the Council. John Quinn
OF Boston. has expressed himself as op-
pesed TO inficting the death penalty upon
Richeson but the other members refused
10 commit themselves although Lieutenant
Governor Luce spoke strongly in opposition
70 capital punishment when a member or
the Legislature.
Il Is not known upon precisely what
grounds the attorneys plan to base their
apreal for executive clemency. but two ar
suments have been prominently discussed.
One Is that the prisoner by his confession
has saved the state the expense OF a long
trial and has spared the public and the
family of the murdered girl the publication
Of distasteful details. which inevitably
would have accompanied such trial Tho
other possible argument Is the claim. al
ready advanced by some Of Richeson's for
rner friends. that the man is insane Vol
untary pleas Of guilty have nearly always
resulted In leniency in Massachusetts.
To Bar Public from Hearing.
ARRANGEMENTS were made last week for
the trial Of Richeson in one of the new
rooms on the fourth floor Of the Suffolk
County Court House, and IT is there that
no will be taken tomorrow afternoon 10
hear the judgment Of the court on his con
fession As there will he no necessity for
Jury or witnesses, the proceedings will be
viewed only BY counsel for the accused man.
the District Attorney. a few clerks and a
dozen newspaper men. The general public
will be excluded.
Upon his appearance in the little cage In
the middle OF the courtroom. Richeson s
counsel will give formal notice to the court
of the desire Of their client to change his
plea Of not guilty to the indictment charg-
ing him with the murder of Miss Linnell.
1pdge Sanderson will then confirm that
statement by asking the prisoner directly
if.he so desires Upon learning from Richie
aon that such is his intention Clerk John
p Manning will read the indictment. end
ing with the question. ADD what say you
NOW 10 the Indictment Richeson is eX-
pected 10 reply Guilty
II will then lie with the District Attor-
nev "a move for immediate sentence or To
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