The Hawaiian gazette., 1918-08-20
BELATED evidence
, RESULTS PARDON
Man and Woman Keep Silence
For Five Years and Then
conffmW Whaley's Story II

i 8 II !
Impelled by conscience qualms after
five years Of silence, two witnesses, one
man and one woman, have made affi-
dayits which we're the prime factors in
causing Governor G, J. Mccarthy to
pafdon Franklin Lee Whaley, who has
been confined in Oahu prison since
September, 1913, after he was convicted
of manslauehter III the Rrst degree on
a charge Of having killed his wife in
May Of that year.
These two Witnesses were IN the
Mutual Telephone Company building
when Mrs. Whaley was killed in the
"troublen room, where she had gone
to see her husband while she was in.
toxieated. 'stAFN
Fenring that their presence in the
building would be interpreted against
thcm, the man, an employe of the tele-
phone company, and his woman com
panion retained as = secret what they
knew Of the killing Of the wife .-of
Whaley, who was employed as the night
trouble man; from that time until
now. ~" . .t -. -. p.
Conscience Finally wins :.
But their eonsciences troubled them as
they were reminded Of the sentence
Whaley was serving, possibly because
Of their silence and finally they decid-
cd to make their knowledge public but
TO keep their identity still secret from
all but the necessary authorities.
The. two conscience stricken witnesses
told their knowledge to attorneys who
represented Whaley at the trial and
they took steps to. secure his pardon
from sentence of not less than ten
years or more than twenty years inn
ise was made TO the two witnesses that
their names would be kept unknown,
but that il would be necessary for them
to make affidayits of what they knew.
Corroborate Whaley's Testimony
The affffidavits were corroborative Of
Whaley's claim after, the killing that
be did not know what happened. The
two witnesses tell how they went into
the "trouble'' room and saw a man
leaning out of the window. He paid no
attention to them when they enter,
ed, and the woman, nurse, urged her
companion to speak to Whaley, saying
she was certain he was i'll. Cd .Esi"
Then the man witness shook Whaley,
but he acted as if he was unaware of
their presence. Then the man and wo-
man turned around and saw the body
of the woman lying on the floor of the
atroublep room! Frightened by their
discovery the two rushed from the room
and entered pact to say nothing of
what they had seen, as, they felt their
explanation that the telephone man had
taken the nurse to see the workings Of
the telephone system would not be be-
heved, and that their only escape from
a scandal was silence. - : rw.y
Whaley at last recovered his reason
and was instrumental, himself. in call
ing the police. He said afterwards
that he had been estranged from his
wife because of her drinking habit,
two weeks, but on the day of the kill
ing he received a telephone message
from her while she was apparently
sober. He promised TO return home that
evening, but was deferred from doing
so when she teIephoned again, her in
coherent speech showing she had been
drinking. E.s' :.
When Whaley failed to return to his
home his wife got in hack and went
to where he was working. She made
her way up to the "troublen room,
where she found him cleaning a pistol.
A scuffle must have resulted and the
revolver was discharged, killing the
woman, a Hawaiian, who was Miss
Andrews before her marriage.
Defense Was Weak
At his trial the only defense made by
Whaley was that he was so distracted
by his wife because of her constant
D"gging and drinking, and also because
Of her visit to him while he was at
work, that he did not know how she
came to be shot. To confirm his state
ments that he did not know what hap
pcned afte rhis wife entered the "trou-
h'e' room, he had no witnesses, evil
dcnce which the other telephone man
and the nurse could have supplied if
- f"v had not sworn each other to sec
rccy.
These facts were laid before Gov
ornor Mccarthy a few days ago, with
representations from Judge w, J. Rob
inson, before whom Whaley was tried,
that the introduction Of this evidence
=" ala """' wv have resulted in diff
ferent verdict. Jr I -
-..-S IaaA6 statement
Another factor which also, greatly IN
Huenced the Governor in granting
pardon to Whaley was that d statement
was signed by eleven Of the twelve
jurors who convicted Whaley that their
verdict would not have been the same,
if they had had the evidence of the
mau and woman to cOrrobOrate the de-
fcndRnt's testimony and to counter
act the circumstantial evidence upon
which he was found guilty.
The. pardon given to Whaley is an
unconditional one. with full return Of
all his civil rights.
Not even he may ever know tho
identity of the two witnesses who have
secured his release from prison, for
their Identity is to be kept an Pficial
secret forever, the Governor said yes
terday after he had afixed his signature
20 the document which makes Whaiey
free man again -
-w.s.s TT-rTt,.