Evening star., 1948-12-04
z Saved on Way
To Chair Await
New Death Date
Reprieve n Minutes
Before DeudIine Saves
Bernstein SIoyers

A new execution date will be set
Monday for two condemned men
who escaped the electric chair yes
terday by the narrowest margin in
District Jail history.
With only 81 minutes remaining
Of the time in which the two could
be executed legally, the United
States Court of Appeals granted q
temporary reprieve which gave them
at least four more days to live.
Court orders require executions to
be completed before 2 pm. and it
was 1889 pm. when the District
Jail was notified the the stay had
been ordered.
It was the pressure of time-too
short in which to complete the eX-
ecutions-that cause the court,
which at first denied the appeals, to
reverse itself and grant the stay.
Postponed IL Times.
The two condemned men are
Reginald J. Wheeler, 28, and Jesse
James Patton, %, both colored.
They were convicted more than two
years ago for the holdup-slaying OF
Maurice L. Bernstein, Florida ave-
nue. druggist, on June 5, 1916. Up to
yesterday, their execution had been
postponed II times, but all their ap-
peals have failed and executive
clemency has been denied.
A final hearing before the ap-
pellate court, scheduled for 8 am.
yesterday was delayed when one of
the defense attorneys was late.
Although prepared to begin the
executions at 10 am, the District
Jail officials also waited while the
final appeal action was in progress.
At 1925 am. the appeals court
denied the pleas of both men, but
Chief Judge Harold M. Stephens
directed that neither man be sent
to the chair until las pm. in order
to give their attorneys opportunity
for a last appeal to the Supreme
Court.
Short Time Protested.
This brought a hurried conference
of jail officials.
They protested that it was impos-
sible to complete the executions In
the Is minutes left before pm.
Director of Corrections Donald
Clemmer announced helplessly to
reporters: Were working against
minutes"
At 1:25 officials and witnesses
went to the fourth-fioor death
chamber where the electrodes were
checked and Thomas Sard, Mr..
Clemmers executive assistant, took
his stand at telephone two steps
from the chamber.
At 1889 Mr.. Clemmer, in the Office
below, was informed by United
States Attorney George Morris Fay,
in hurried phone call, that the
executions had been put of.
The appeals court, on its own mo-
ton. had granted a stay until 10
am. Tuesday, permitting a further
appeal by defense attorneys. It was
up to District Court, Mr.. Fay said,
to set a new date for the executions
Monday morning.
Show Little Emotion.
The call quickly was relayed to
Mr.. Sard. The two convicted men,
their heads already shaved, were
taken back to their cell block.
They registered little emotion.
They had been comforted by four
Protestant clergymen since early
morning.
The families Of the condemned
men-Patton's wife, Wheeler's three
sisters and two brothers-had said
goodbye the afternoon before the
two doomed men had a final chicken
dinner.
Technically, the two men may be
executed as early as next Tuesday
LII no further appeal is granted, ac-
cording to Mr.. Fay.
District jail executions, however,
are scheduled for Fridays.
Defense attorneys for the two men
are James j. Laughlin, representing
Wheeler, and Curtis P. Mitchell and
Wesley Williams, representing Pat
ton. District Court on Thursday
appointed Attorney John j. Wilson
to represent Wheeler temporarily in
a hrief ohcepco of Mr. Toyoh1in