New-York tribune., 1918-05-09
Is Cleared of Murder:
Set Free By Governor Whitman

tective Agency was sworn before the
confined with Stielow under the guise
OF criminal charge at the time the
alleged confession was made, and for
days thereafter; that he was instruct
ed to get Stielow to make a confess
sion, and that he endeavored to get
him in every way possible to incrim-
mate himself by laying the blame on
ms accessory, Green, but that he
tailed; that though Stielow, who is an
uneducated man and of low intelli-
gence, did not suspect the identity of
the detective, he consistently denied
knowing who committed the crime,
and said that the detective wanted him
to sign statement, but he would
not do so, because it was a lie.
"Detective Newton had also oper-
ated a dictograph and the records of
the dictograph We're obtained. They
contained many Of Stielow's conversa-
tions with the stool pigeon and with
Green. the alleged accessory, when
Stlelow was later confined with Green
Tor period shortly after his arrest,
until the time of the trial. Even con-
versations with his counsel, in prepar-
ing for trial, were listened to and re-
ported, but nothing discriminating is to
be found.
These things were unknown to the
trial judge and jury.
The report further states that an
important factor in the conviction of
Stlelow was expert testimony that the
bullets found in the bodies of Mr..
Phelps and Miss Wolcott were fired
from a revolver owned by Stielow; that
they all contained certain marks that
were obtained from projections on the
10 Nf
volver.
"Mr. Rand had this expert identify
the revolver and swear that it was in
the same condition as at the time of
the trial when this testimony was
given, and then fired bullets through
1T, and submits with this report en-
iarged photographs of the bullet taken
from the body of Mr.. Phelps and Of
several fired from the Stielow revolver.
New Facts Revealed
1T is apparent to any expert, or to
a careful observer, that the bullet
taken from Mr.. Phelps was not fired
from Stielow's revolver, but differs in
markings from those fired out of the
Stielow revolver.
,"Other physical facts are brought out
whlch were not brought out at the trial
and may not have been known. The
confession upon which Stielow was CON
vlcted seems to be discredited. The re-
port also sets forth at some length dis
crepancles IN the testimony of the de-
tectlve and the Sherff's office upon the
trial and before the grand Jury which
threw grave doubt about certain al
leged oral statements made by Stielow
while confined in the Jail which it was
charged at the trial incriminated him.
otielow and Green committed per-
jury IN answering falsely at the coro.
!lir inquest that there was no revolver
in the Stielow house on the nipht If
the Fhelps murder. When it was dis
covered that Stielow's revolver and rifle
were we're IN his house on the night of the
rhelps murder, and when an expert on
reVolvers gave as his positive opinion
tnaI the bullets taken from the bodies
OF Mr.; Phelps and Miss Wolcott had
Deen hred by the Stiefow pistol. the
CRIMINAL authorities of Orleans County
became fully settled in their conviction
Oh 'ne guilt of Stielow and Green.
Sure Stielow Is Innocent
alter careful study of Mr. Bonds
report, and after mature reflection 7
nave nav; reached the conclusion that. had
.ne evidence which Mr.. Bond has de-
veloped been presented to the trial
court at the time Stielow was tried.
1. siuence would necessarily have
Iesulsed either in direction of a YER
dlct 9 Tor the defendant or his acouitaal
by jury. aN''''@''
I'm other words, the character of the
new evidence is such that at least a
reasonable , doubt of Stielow's guilt
Would tSo ID m necessarily have been created in
the minds of the members of tho ;u,.,,
Il may add that Mr.. Bond ~
Special Deputy Attorney General him. Ine
self an experienced prosecutor. IN tho
early days of the investigation thopeht
Stielow guilty, and that he has become
convinced of innocence. o'''e
Believing as I do, and there BEING
no provision of law under which a nex
trial can now be had, / have reached
the conclusion that it is my duty to
commute Stielow's sentence and permit
his discharge from custody"