New-York tribune., 1917-12-22
Session Closes With
Nothing to Report
Seven Men Out of Twenty
one Said to Have Declared
for Indictment
IStaf Correspond

grand jury closed ITS extraordinary
session with nothing TO report" In
so many words il C:soosed Of the new
confession Of Erwin King and Of the
great mass of new evidence which
many held 20 be all but conclusive
proof that it was King and Clarence
O'Connell. not Charles Stielow and
/ Nelson Green. who committed the now
famous murders at West Shelby on the
night Of March 81. 1915
To get an indictment against King
and TO bring the whole case once more
into open court. Governor Whitman
special prosecutors. George II. Bond
/ and Deputy Attorney General Charles
/ T. Waite, needed twelve votes. Accord
| ing TO the accepted version OF how
sentiment was split, only seven jurors
were willing 10 indict.
The fourteen others were "sot.' They
I had gone into the grand jury room be-
lieving. with the rest Of Orleans Coun-
~. that Stielow and Green were guilty,
and any arguments to the contrary
poppycocs. So believing. they re-
turned TO their farms and village stores.
Confession True, Says King
Yet tonight. here in Rochester, Err
win King, unurged. informed the New
York Tribune correspondent that he
had told the fair, square truth when he
swore TO Stielow's innocence and his
own guilt
And this time it is safe TO predict
there will be no recantation.
What ! said was right" he avowed.
"and ] amt going to change a word"
We're King to come forth with an
other fat denial tomorrow. his new
prosecutors say they would have no
hesitation in going into court at
moments notice with their case in its
present shape. They have taken no
chances. One essential point after an
other was corroborated as admissions
were wrung from the horse trader.
Close 10 a hundred supporting affi-
davits have been taken.
But King has no more stomach for
lies. He knows the strength of the
case against him, as well as do those
who. by the action OF the grand jury,
are baked from Immediately prosecut-
ing IT,,
Kings manner as he talked TO the
Tribune man tonight lit was the first
time in more than a year that he had
with any one except Mr.. Bond, Mr..
Waite and the grand jury gave evil
dence that there was no more tight left
in him.
Says He Saw Shooting
Even the fact that there has been no
indictment, that powerful influences
seem once more 20 have exerted them
selves to snatch him back after he had
put his neck into the moose. had given
him no heart His voice was a husky
murmur as he answered the two all
important questions that the corre-
spondent was permitted TO ask.
Did YOU see the shooting Of Charles
Phelps and Margaret Wolcott >" was
the first question.
"Yes; | did" said King, after Just a
flicker Of hesitation.
"Was Charley Stielow there-or Nell
son Green?'
mo, they wasn't"
As the questions were put TO him
and answered King was struggling into
his rusty oyercoat. lie had spent the
last hour beside an open window in
Mr.. Waite's room in the Powers
Hotel, waiting for train time. cap"
Cook, his special guard from Auburn
comunicado and for the time being
will be his companion in the Jail at Lit
tie Valley, was at his side. Mr.. Watt
also was present.
Mr.. Bond had streaked through
Rochester bound for his own law Office
in Syracuse. where he was formerly
District Attorney, late in the after
noon. His last word to King had been
caution against discussing the case.
King Faces Perjury Charge
King had given his promise. Curl
ously, he is "man of his word" in
some ways. He would not talk even
with Mr.. Waite for some time.
1t was Cook who coaXed King out OF
his silence.
Tell US that one about the time you
swopped the wind-broken mare with
the sponges stuffed up her nose"
King chuckled reminiscently-snd
was OFF. He went from one story into
another. Presently Mr.. Waite inter
rupted.
"Say. Erv. that story was true that
you told to Mr.. Bond and me and the
grand jury, wasn't it?"
81 amt a-goin' 20 change il any,"
said King with an attempt at a smile.
"I'm sure of that" the Deputy Attor-
ney General told him. But asked il
it was true
Yes said King; at was true"
Ten minutes later he was on his
way back 20 Little Valley, where he
has been held in close confinement
since his rearrest. There he will re
main while Governor Whitman is de-
Gliding on the next move in this most
remarkable of murder cases. There is
a charge Of perjury hanging over him.
and that will suffice 20 keep him in
jail in the meantime.
The special prosecutors probably will
not make their report 10 the Governor
before the end Of next week. Both are
firmly convinced that no end Of justice
will be served by keeping Stielow
longer in Auburn, where he was sent
his sentence finally commuted TO life
Imprisonment after FIVE narrow escapes
from the electric chair
One most important bit Of evidence
which the Orleans County grand jury
chose 20 ignore established beyond rea-
sonable doubt, 20 the minds of Mr.
Bond and Mr.. Waite. the physical i'm
possibility of the point that was the
very high spot Of Stielow's "confes-
sion" In this statement, which WAS
introduced unsigned at the trial. il Ap-
peared that Stielow had said 20 his in
terrogators that Miss Wolcott WAS out
side the house and running Tor help
when Green sent bullet crashing after
her through the glass of the closed
kitchen door
In his new confession. in which he
again accused O'Connell- a pris-