Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1918-01-15
PENNYPACKER ALONE IN CELL
WITH AN ARMED MURDERER
The Governor Had Thrilling Adventure With
Alphonso F. Cutaiar in the
Eastern Penitentary


Of imagination. describe real persons.
scenes and incidents. When Cutaiar told
the false story concerning Logue he de-
scribed death caused by no weapon.
The jury may not have been far from the
truth IL they came to the conclusion that
when he said: "He began beating her.
lie struck her on the side Of the face with
one hand and on the other side of the
face with his fist, and then choked her
until she fell on the floor, from which she
never recovered" and continued, Her
face was all kind of black and her eyes
bulging and staringlilSe and openlike, she
had suffocated," he was describing events
and conditions he had actually seen.
Alone With Cutaiar
] entertained not the slightest doubt that
it was brutal murder for money. Some
months afterward | made an inspection OF
the Eastern Penitentiary and, when it had
been completed. the warden took me to
some Of the cells to see the inmates. lie
unlocked n door and disclosed two cells,
an outer and an inner the latter reached
through door so low that man entering
would have to stoop. On invitation l
stepped inside, leaving the warden in the
corridor. Inside a man perhaps fifty years
of age. with light hair, blue eyes and sandy
complexion, smilingly greeted me and asked
me to look at the shop where he did his
work as shoemaker. + stopped and en-
tered the inner compartment and he fol-
lowed and stood st the door. The sharp
ened shoemaker's knife with which he cut
the leather lay on the table within easy
reach. Then his smile ceased he looked
me in the face and said:
81 am Cutaiar.'
He was the murderer whose pardon had
hp inS IN tharo naen had
my mind that dramatic scene in Victor
Hugo's novel "Quatre Vingt Treize," where
the captain, being rowed by volunteer on
dangerous trip across a rough sea, saw
the man suddenly drop his oars and on
inquiring the reason was answered: "I am
the brother of the man you had shot yes
terday."
quietly and blandly made my way out
of the cell with the feeling that the warden
had shown little judgment.
Strange to say. ] some time afterward
came into the possession of a letter written
| to lady at Bryn Mawr by Cutaiar in
! which he described the same scene In it
| he said:
| know il will surprise you very much
| TO learn that ! received a visit from no
less parsonage than the Governor OF
iennsylNanld. l invited him
into my cell and into my workshop I'm the
| rear of the cell. = We were alone
| for several minutes, except for one of the
inmates who stood a some distance, and
| this inmate tells me that the Governor
| did not seem to pay any attention to the
| patterns. but kept looking into my face
! as was turned to one side.
The Chief Justice wrote to me:
My Dear Governor
| ! have read your memm. on the Cutaiar
| case with very great satisfaction. The
| most discredtable feature in the admir-.
| lstratlon OF justice In Pennsylvania is the
reckless abuse Of the pardoning power by
| the Board of Pardons and especially its
| more or less open assumption to retry
| questions of fact and of law after juries
| ana courts have passed upon them in the
| due and regular course of law. | am
| more than pleased TO have at last a Gov
| ernor who does not feel bound to &C.
| qulesce tamely in whatever recommends
| tion that irresponsible board may make,
| but who examines and decides the case
| Tor himself. As lawyer, a judge and a
| responsible executive. you have set
| precedent which ought to be followed
Very sincerely yours,
| JAMES r. MITCHELL
After came away the efforts in behalf
of pardon for Cutaiar were renewed and
We're finally successful. Thinking that per.
haps I would interfere, his wife. from a
respectable family in New Jersey, and his
daughter, an agreea bic. looking girl, came
to see me, but / told them my RESPONSE
bility was over and that would in no way
interpose.
rraSt s'rrow % t, .n & &."pypsSksr ts. Of tn.
| the Judgeship Of the State Supreme Court