New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-04
Governor Believes He Is
Guilty, but Commutes
His Sentence
ACTION A SURPRISE
TO HIS DEFENDERS
Lawyers Planning Fight to
Establish His Innocence
of Murder

Albany. Dec. 3.-The sentence Of
Charles Frederick Stielow. for whom the
door of the death chamber at Sing Sing
was to have opened sixth and last
time one day last week, was committed
TO life imprisonment by Governor
Whitman this afternoon.
Stielow, convicted with his brother
in-law, Nelson Green. OF the murder Of
Charles b. Phelps, Of West Shelby, and
the latter's housekeeper, had been in
the shadow Of the chair since April,
1915. Once he was within eighteen
minutes Of death when reprieve
reached the penitentiary, STAYING of
the end
Every device for delay had been ex-
hausted few days ago, when a final
petition for executive clemency was
presented to the Governor. Even those
lawyers who had pledged themselves
to finish fight in Stielow's behalf had
given up hope of getting further stay,
let alone Communication.
Mrs. Inez Milholland Boissevsin, who
had led the fight. carried to her dying
moment in Los Angeles a week ago the
conviction it was a battle lost.
Relieves Stielow Guilty
Nor did the Governor take his elev-
enth hour step in the belief that Site
low was other than guilty. As he an
nounced what he had done he took oc-
casion to speak mis- mind on that score.
"No other criminal case where le-
niency has been asked has distressed
me as has this" ne said THE crime
of which the defendant has been con-
victed is one Of the most atroclous IN
the history &c :h5 state.
Two burglars murdered an unarmed
man in his nome in the dead OF night
and added TO the hideousness OF their
offence the murder of a defenceless
woman fleeing for her life. The IN
tense feeling against the perpetrators
of the crime in the community IN when
il was committed is natural and Justl-
ned.
81 realize that d Governor who IN
terferes with judgment of the courts
of this state without good and sum
,ient cause is himself committing a
lawless act. IL.
81 believe that Stielow is guilty.
Perhaps never in the history OF New
York has a man been afforded greater
opportunity to establish his innocence,
If that be possible. Twelve jurors ana
ten Judges have passed upon this case
without one dissenting opinion midi
Gated or expressed. The situation,
however. so far as / am able TO learn,
is unprecedented.
Doubts Kings Confession
Another man, under the sanctlty o.
an oath. with all the solemnlty pos
sible under the conditions, has con-
fessed that he. and not Stielow, com
mitted the crime. There is consider
able of detail and Circumstance IN the
King confession and in the facts sur
rounding IL as yet unexplained and 10
me unaccountable. To be sure, the
King confession has been repudiated,
and so has the Stielow confession
without which Stielow could not nave
been convicted. | believe that Kings
confession is lie.
~ cannot escape the conviction,
however. in the light OF al! that has
been presented 70 me, and winch was
not before me when | denied the last
application for clemency-after | had
granted three reprieves -that there IS
q possibility. perhaps more than a
rossibility. that this defendant is not
guiltv. / think | am right in com
muting his sentence TO imprisonment
for life.
"The King confession. uncorrobo-
rated and repudiated by himself. could
not be introduced under our rules Of
evidence, but believe. and ! speak