New-York tribune., 1913-05-18
HAPPY JACK MULRANEY
DUE TO DIE TOMORROW
Only Another Eleventh Hour
Reprieve Can Save Slayer
of MCBreen.
MAY Be LEGALLY DEAD
Counsel Says Former Stay Ex-
pired May II, and if So He
Cannot Be Executed Now
Thinks Writ Would Hold.

Happy Jack Mulraney. convicted Of
the murder Of Patrick McBreen. known
in his Tenth avenue saloon as Paddy
the Priest" will die tomorrow I'm Sing
Sing unless another eleventh hour re-
prieve is granted by the Governor.
Mulraney, immured in the death
house. planned a campaign to get a
new trial which did in fact convince
George w Kirchwey. former Dean Of
Columbia Law School, and Miss Made
line l.. Doty, secretary of the Prison
Association. that the extreme penalty
should not be inflicted upon him. Both
DIR. Kirchwey and Miss Doty appealed
TO Governor Sulzer in Mulraney's be-
half. even after the falsity of the
stories he told had been proved. The
Governor is said to have refused TO
commute Mulrancy's sentence.
Joseph a. Shay, counsel for Null
raney. in his application for new
trial said yesterday that in his opinion
writ of habeas corpus would lie, and
that II might be possible at least to
postpone execution OF the sentence
until court had passed upon the ques-
ton involved. He said, however, that
he had no intention Of applying for
such a writ.
Mr.. Shay's point was that Governor
Sulzer had granted only a sixty-d
reprieve. Mulraney was to have died on
March L. A sixty-day reprieve would
fix the date of his execution on May
Is. on that day. Mr.. Shay said. Null
raney might be considered legally dead
and his execution on any other date
would be illegal.
Shortly before March II Mulraney
wrote to Governor Sulzer saying that
he was the victim Of the crooks code
Of honor" He had accepted his convic-
ton in silence he said, TO shield an
other man. Martin Fay, believing that
Fay would not allow him TO pay the
final penalty. Being convinced that
Fay had deserted him. he said, he did
not intend TO die for a rat" Harry
Morrissey. in Clinton prison. and Will
lam Clark. In Auburn, and other wit
nesses, he said. could corroborate his
story.
At the request Of the Governor the
District Attorney and Judge Rosalsky
began an inquiry. Witness after wit
ness testified that Muraney had been
in Harlem drunk the night Of October
.. when McBreen was shot. At last j..
Robert Rubin, an Assistant District
Attorney. called Mordecai Saltzman, a
detective, with whom Mulraney had as
sociated for several weeks after the
time of the murder, believing him 10 be
crook. Saltzman testified to conver-
sations with Mulraney which proved
that Mulraney's story was false.
Judge ROsalsky and Mr.. Rubin had
gone to Sing Sing once to hear Null
raney's story After Saltzman testified
they went again Then Mulraney had
a different story to tell. He admitted
he had lied before, but said that he
would now tell the truth 1t was not
Martin Fay, but William Clark, who
had testified in his behalf, he said. who
had murdered McBreen Clark was
brought down from Auburn, and at
first contented himself with denying
Mulraney's story. but later he admitted
that his story Of the alihi was false.
The alibi had been framed up" he
said. by Mulraney and Nicholas Jacobs,
another of Mulraneys witnesses, who
is now in prison for burglary.
Under cross-examination by Mr.
Rubin and Judge Rosalsky Jacobs
broke down and told OF the methods
employed by Mulraney TO obtain hi:
release. He had visited Mulraney in
the death house, he said. by posing as
his brother, and Mulraney had helped
evolve the scheme which was TO free
himself Mulraney had written letters
10 him describing how the alibi was tc
lie framed up The letters were
written in such ambiguous language
that their purport escaped the vigilance
Of the warden.