The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-24
STAY GRANTED
BY JUDGE ON
INSANITY PLEA
Youth Snatched From Death
Few Hours Before Time
Set for Hanging
TRAP SET FOR VICTIM
Condemned Man Saved After
Governor Had Refused to
Give Reprievc

Chicago. July 24.-LF1-AlmOst
at the nOur OF, his death march.
Russell Scott escaped the gal
lows early today for the second
time within a week.
The former Cana .ian finanCier,
twice reprievcd from paying the
supreme penalty for the murder
Ot 4 Chicago drug clerk in
hOldup, lodged the moose for the
third time less than four hours
before he was to have been exc
Gu ed when Judge Joseph B.
David granted a stay Of execution
pending u hearing into his san
ity.
A week ago six hours before he
was to hang, Governor Small grant
ed one weeks reprieve whicn ex-
pired this morning. Judge David,
called out of bed few hours before
the time OF the execution convened
u special session Of court and grant
ed the stay after Governor Small
and the state board Of pardons and
paroles last night at Springfield re-
fused further clemency.
Trap Was Set
This morning the gallows trap set
for springing a week ago stood with
out It's victim, and Jail officials who
had left it standing during the week
of grace were considering dismant-
ling it. The sanity hearing will not
come for several days, Judge David
indicating he cannot hear 1t before
Monday, August 3. Scott, who had
been surly and defiant throughout
the night, and who apparently was
completely resigned to his fate, re-
ccived the news that his life was
spared, at least temporarily, with
considerable surprise. He had known
nothing about the last minute APP
peal to the courts.
I'm ticklcd to death" were his
first words.
Then upon learning that the stay
had been granted to IND out wheLM-
er he were sane, Scott said:
II am no more crazy than the
judge who granted me stay on that
account. am not asking for any
sympathy from anyone either. l am
innocent"
On receiving the news that the
pardon board and Governor Len
Small had refused clemency,g which
apparently sealed SCOTS fate Mrs.
VIM. McGraw and Mrs. Isabelle Hurst,
both of Detroit, representing Detroit
clubwomen, raised $4,000 for Scotts
defense, hastily retained VIM. Scott
Stewart, criminal lawyer, who re-
Gently successfully defended VIM.
Darling Shepherd, accused Of the
murder of Billy McClintock.
Search For Judge
At midnight, after their desperate
step, SCOTS friends, Stewart. and
clubwomen started their search for
a Judge who would grant the stay.
In dlm1y lighted courtroom OF the
10th floor the hearing was made.
A little group of newspaper men.
the judge, the attorneys and ScOtt's
friends made up the gathering.
After asking q few questions,
Judge David Immediately announced
that he would sign the order, and
within 20 minutes from the time
court had been convened the stay
of execution had been granted.
Robert NJ. Grove, states attorney.
was not present or represented at
the court session, and apparently did
not know of it. George b. German,
his assistant. who prosecuted Scott,
when informed of the action said:
II have not thing to say except
that they tried to fool the governor
week ago, and now they are trying
to make a fool out of Judge David.
We will fight it to the end. This man
deserves the rope, and he will get
it before we are through
Refuses To Appeal
One Of the reasons assigned by
Attorney Stewart for believing Scott
insane was his refusal last night to
broadcast by radio an appeal to his
brother, indicted with him but never
apprehended, to surrender and save
him from the gallows. A microphone
had been placed in Scott's cell, but
he refused to utilize it.
Mrs. Scott, driving madly toward
Chicago after once having become
iost was met by reporters at the out
skirts of the city and informed Of
the court action. "Thank God" she
murmured, and was whisked to town,
although it was probable that she
would not see her husband for sew
eral hours.
Almost at the time the stay was
Mich, that Robert Scott, the con-
ucuucu Iuou UAoSuCbS WOO OStASVSu
to be critically ill there. Officials,
however, were inclined to believe it
was another of the many hoaxes sent
in concerning the whereabouts Of the
missing Robert.
Robert Located
Port Huron, Mich, July 24.-R9-
Robert Scott was at the home of a
Mrs. Manley here last night, and left
two hours later over the Grand
Trunk railway for Chicago, police
here were informed by Mrs. Manley.
Chicago, July 24.-P)-A tele-
phone message was received early
today from Port Huron, Mich, stat
ing. that Robert Scott, brother Of
Russell Scott, was in that city SER
iously ill.
The call received by Mrs. Isabelle
J. Hurst, Detroit clubwoman. who
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