New-York tribune., 1916-07-30
Justice Guy Grants
Prisoner Time to
Seek New Trial.
ORDER COMES AS
HE WAITS TO DIE
Court Will Pass On New
Evidence and Retrial
Plea August %.


daughter and little son were praying
in the death house in Sing Sing last
evening that something might inter-
yene TO save him from death in the
electric chair at IL o'clock. Principal
Keeper Frederick f. Dorner came run
ming into the chamber.
"I've good news, Charley" he ex-
claimed. Judge Guy has given you
three weeks more in which to get
new trial"
The prisoner, stunned, looked at him
inquiringly.
"You get another chance for new
trial" the official repeated.
THANK Cod" responded Stielow.
"This is a great thing for me and my
family
Then, while the death house rang with
the cheers and congratulations Of the
score of others awaiting their hour to
die. Stielow broke down and wept for
the first time since he was arrested,
charged with the murder of Charles F.
Phelps, a wealthy farmer Of Medina,
and Margaret Wolcott, Phelps's house
keeper.
Prisoners Fifth Reprieve.
Il was Stielow's fifth reprieve from
death. In the morning he was DON
ming his death clothes and had but
forty minutes to live when the princi-
pal keeper notified him that. at the re-
quest Of Justice Guy, he had postponed
execution until IL o'clock last night.
Two weeks before, when but two hours
seemingly remained for him to live,
similar notice from Justice Cole, of
Buffalo, postponed execution twenty
four hours for Governor Whitman to
act.
New Evidence Is Found.
The order of Justice Guy, issued
four hours before Stielow was to have
gone to the chair, directs the District
Attorney of Orleans County to appear
in the Supreme Court of the adjoining
County of Monroe August % to show
cause why a motion for new trial
should not be granted on the ground
of nowly discovered evidence and or
ders Thomas Mott Osborne, warden of
Sing Sing. to postpone Stielow's execu-
tion pending the determination OF the
motion.
The grounds for the order are afti-
dayits setting forth that at the time of
his trial Stielow's mental condition was
such he could not inform his counsel
of the circumstances under which his
alleged confession was obtained; that
the private detective who got the con-
fession has since admitted IL was OBJ
tained by duress and under promises of
Immunity, and that evidence has been
discovered that on the night Phelps
and his housekeeper were murdered
pedler. who has since disappeared,
STAYED in the house, subsequently dis
nlaying larger sums of money than he
had hitherto been known to possess.
Saved Twice in a Day.
These afidavits, first presented to
Justice Guy in the early morning hours
by Stuart NJ. Kohn, counsel for the
Mutual Welfare League; Mrs. lnez
Milholland Boissevain, counsel for tho
Humanitarian Cult, and Misha Appel
baum, head of the cult, caused the
iurist TO telephone 10 Sing Sing prison
asking the execution be delayed to give
him time to look into the merits Of the
appeal.
Principal Keeper Dorner had given or
ders that Stielow be prepared to die.
Hours before Stielow had said goodby
70 his wife, his daughter Etyle and his
son Roy, and they had gone to the
Wescora Inn TO await the word that
all was over.
On q chair in his cell was the suit If
black the state provides for men to die
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