New-York tribune., 1918-05-09
Whitman Says Inquiry
In Stielov Case Revealed
Facts Not Kno.ur, at Trial

ALBANY, May S.--Governor Whit
mans memorandum, accompanying, his
action with regard to Stielow and
Green, is as follows:
Charles F. Stielow was tried and
convicted of the murder of Charles B.
housekeeper Margaret Wolcott. a wom-
an of fifty, at their farmhouse at West
Shelby. Orleans County on the night
of March 21, 1915. The motive charged
was robbery. Green was said to be an
active accessory, and upon the night of
Stielow's conviction and sentence, upon
the advice of his counsel that it was
the only way to save his life, entered
plea of guilty of murder in the sec
ond degree
'Stielow's conviction was affirmed by
the Court of Appeals, and thereafter I
granted several respites on the appli-
cation of his counsel and of number
of persons who became interested in
his case,
Pleas for New Trial Denied
"Three applications for new trial
were denied by Supreme Court
Justices
"a short time prior to the date fixed
for the execution of Stielow a man
by the name of Erwin King made a
confession that he murder had been
committed by himself and man
named Clarence O'Connell, now serv-
ing sentence in Auburn Prison for
murderous assault, of which assault
O'Connell has admitted his guilt.
The confession was remarkable, be-
cause it was made in considerable de-
tail in the presence of the then Sur
rogate and now County Judge of Cat
taraugus County. George Larkin,
lawyer of experience and ability, who
fully warned King of his danger in
making it. Later King repudiated con-
fesson.
On December a, 1916, in committing
Stielow's sentence to life imprison-
ment, | stated that no other criminal
case, where clemency had been asked,
had perplexed and distressed me as
had this; that while believed Stielow
guilty there was considerable of detail
and circumstance in the King confess
sion and the facts surrounding it as
yet unexplained and to me unaccount-
able, and that I could not escape the
| conviction that there was a possibility.
perhaps more than possibility, that
the defendant was not guilty.
| further stated that the procedure
in the courts had been in all respects
correct, but that felt that no Jury in
the country would have convicted Site
low of murder in the first degree had
it been possible to place before it the
confession of King, even though it
had been repudiated.
"Thereafter King wrote a number of
incriminating letters, which were in
tercepted, showing anxiety about his
through the instrumentality of "The
New York World whose editors had
followed the case, King was induced to
come to Albany, where / questioned him
about the letters. He denied his guilt,
but his conduct and answers to my
questions indicated guilty knowledge
of the murder, and / ordered a thor
ough investigation.
Bond Begins Inquiry
George II. Bond, of Syracuse, who
had been for six years District At
torney of Onondaga County, was, at my
request, appointed Special Deputy At
torney General for the purpose of con-
ducting such investigation.
The report of the Special Deputy
Attorney General, in considerable de-
therein that Erwin King has now made
1ull confession, duplicating himself
and Clarence O'Connell and that he
was arralgned before Justice Wesley
G: Dudley, charged with the murder Of
Charles B. Phelps and Margaret VOL
cott, and desired to plead guilty and
be sentenced, but that Justice Dudley,
IN accordance with the law, directed
that plea of not guilty be entered,
and that the evidence be submitted to
grand jury of Orleans county, that a
| prima facie case of murder against
King and O'Connell was submitted, but
the grand jury failed to cast enough
| votes to secure an indictment against
either King OR O'Connell, and that To-
cal sentiment was still firm in the be-
lief that Stielow was guilty.
The report states that the conviction
OF Stielow was btsed chiefly upon al
legged confession made by him to
private detective, one George w. New
ton, which was reduced to writing but
which Stielow refused to sign.
The presiding justice charged the
jury that convicted stielow that they
could not convict him unless they were
satisfied beyond a reasonable doubt
that this confession, in which he
stated the circumstances and particu-
lars OF the crime was, in substance.
true
Calls Confession False
A considerable amount of new evil
dence is presented. which teds to show
| that the confession was not true. hut
, was obtained by duress A detective
on the stan OF the Newton Private De-