New-York tribune., 1918-11-20
Appellate Judges Say They
Cannot Deal Out Glenn
ency to Youngster in
Death House Awaiting
Execution; Mother to
Lead Last Appeal for
Mercy

Unless Governor Whitman in+er
venes, Paul Chapman condemned
murderer at sixteen, must psy with
MS LIE the penalty imposed on him in
brooklyn last February after he had
been found guilty of the murder of
marry Regensburg on the night of Oc-
tober %, 1917.
Inc Court of Appeals yesterday
ainrmed the judgment of conviction.
Inns means that the boy, who is wait
Ing in the death house at Sing Sing
must De electrocuted unless the Gov
ernor exercises executive clemency.
Judge Collin, of the Court of Ap-
peals, in his opinion on the courts de-
c'slon, places the fate of Paul Chan
man squarely up to the Governor.
1T may be-" he said, "that he (Chap-
MANI did not contemplate or intend
the possible and actual results and
consequences of his acts and that facts
and conditions existed which mit;oated
1nelr crlminality. With reasoning or
1acts Of such character we have no
concern They may well be presented
at the tribunal vested with the dutv
an power to determine whether Glenn
ency to the convicted offender should
In justice and wisdom, be extended or
withheld"
i am disappointed at this decision" /"
SAID Chapman's counsel, Matthew w
wood, at his office in the Woolwortb
building yesterday. II was expecting
reversal of the verdict. 1 have not
seen the opinion and l do not know
whether there was a division of the
court or whether the judges were unan-
lmous in upholding the verdict.
80 Ihe fight to save Paul Chapman's
~ di1e 1 VIII not stop. We have nearly
1o'ooo signatures to petitions for elem
ency obtained by The Tribune from
o.her sources believe that the sense
OF the people is that boy of his age
should not die The fact that it was
possible under the law to convict and
sentence him to death is glaring ex
ample OF how far the law can go-and
now far the people have progressed
beyond the law"
"A Tribune reporter ACCOMPANIED Mr.
WOOD to the home Of the boys mother.
Mrs Louis Bahrenburg, at 1918 Bedford
avenue; last evening. She had been
notified Of the decision by telephone
ana was waiting to see him.
year ago Mrs. Bahrenburg WAS
young and slender and pretty, With
so1t- dark hair and a gentle voice. She
IS slender and pretty still, but the
months OF waiting while her boy was
locked IN the death house have told on
her and left streaks of white throuob
the dark hair.
Her face quivered and she had hard
work not to burst into tears. but she
did not break down.
II must think of something to do or
l cant bear it," she said. "What is
there left for us to do now, Mr.. Wood ?
What Is our next step" And when
she was told that the boys life now
rests with the Governor, she said:
How soon can we appeal to him
Could l ask him tonight? ?"
But the appeal must wait until the
rem!ttitur is fled in Kings County and
the boy is resentenced to death.
Il wonder If he knows-I keep think
ing, Of him locked up in the death house
and hearing this news" said his
mother And then she brought out his
latest letter.
Dearest Mother 1t said. "1 re-
ceivcd your letter yesterday, mother,
and was SO glad to hear from you /
have read about the celebration in the
CITY, and they must have bad some
time We were all cheercd up last
tuesday when one of the fellows here
was granted new trial He is the
second in succession now, and mine
will be down next, l expect It is said
that it's the third wave that rolls
highest up the beach,"