New-York tribune., 1918-05-09
Stielow, Cleared
OfMurder, Freed
By Governor
Whitman Convinced Man
Once Near Death Chair
Did Not Slay Couple
Especial Dispatch to The T1ibunc)

NopeclM D1SDUtCH TO IhG ITtbNflC)
ALBANY, May S.-Charles F. Site
low, now in Sing Sing prison on life
sentence for murder in the first de-
gree, and Nelson I. Green, in Auburn
prison, serving twenty years for MUIR
der in the second degree, will be given
their freedom within the next few
days, Governor Whitman announced
tonight. They were accused in one
of the most perplexing murder cases
that ever bafi1ed the authorities.
After the case had been carried to
the Court of Appeals and there had
been several respites from the death
chair for Stielow, the Governor or
dered an investigation by former Dis
trict Attorney George H. Bond, of
Syracuse, who reported to-day that
neither Stielow nor Green knew any
thing about the murder for which they
were convicted.
The Governor then announced that,
there being no provision of law under
which new trial can be held, he had
come to the conclusion that it was his
duty to commute their sentences and
permit their discharge.
Green Pleaded Guilty
Stielow was convicted of the murder
of Charles B. Phelps and his house
keeper, Margaret Wolcott. at their
farmhouse at West Shelby, Orleans
County, on the night of March 21, 1915.
The motive was robbery and Green
was supposed to be an accessory. The
latter, it is alleged, on the advice of
COUNSEL pleaded guilty to murder in
the second degree in order to save his
life. Stielow's conviction was af-
firmed by the Court of Appeals. The
Governor granted several respites from
the death chair on the application of
counsel and a number of persons in
terestcd in the case.
Shortly before the date set for the
execution of Stielow Erwin King con-
fessed that the murder had been COM
mitted by him and Clarence O'Connell,
now serving a sentence at Auburn for
q murderous assault. Later King re-
pudiated the confession. In his report
to Attorney General Lewis Special Dep
uty Attorney General Boyd, after cx-
pressing his belief in the innocence of
Stielow and Green, said:
"On the other hand, I am strongly
convinced and give it as my deliberate
opinion that the three bullets fired
into the body of Phelps, and the bullet
fired into the heart of Margaret VOL
colt were fired by Clarence F. O'Con-
nell, and that Erwin King was with
him at the time and aided him in the
commission of the murder"
Stielow's Sentence COMMITTED.
Governor Whitman commuted Site
lows sentence to life imprisonment in
December, 1916, saying at that time
tnat no other criminal case where
clemency had been asked had perplexed
ana distressed him as this one. The
Governor said that he then believed
Stielow guilty, but that, because of
the details and circumstances in the
hlng confession, "as yet unexplained
and to me unaccountable, l could not
escape the conviction that there was
possibility that the defendant was not
guilty"
;. The Governor said he did not be-
Heve any court would have convicted
Stieiow with the King confession be-
tore it, even though it had been repu-
aiated. King, after his confession, was
induced to come to Albany, where the
governor questioned him.
, he denied his guilt" said Governor
Whitman, "but his conduct and an.
swers to my questions indicated
guilty knowledge of the murder and
! ordered thorough Investigations
mr.. bond reported that, as result
OF ms investigation, King last Decem-
Der was arraigned on the charge of the
murder and expressed the desire to-
plead guilty. instead, the Judge ordered
the case before the grand jury. but
the jury failed to cast enough votes
>s --.-