Monday, Jan. 23, 1939

Five Mothers

In day coaches on a train from New York City to Albany last week rode five despairing, middle-aged women put aboard by a noisy, demonstrative crowd of friends. In a parlor car on the same train, rode New York's bald, kindly Governor Herbert Lehman, glad to be unnoticed. At his office in Albany, some hours later, he met them face to face. For five hours Mesdames Fanny Zimmerman, Yetta Friedman, Ellen O'Loughlin, Yetta Chaleff, Mary Guariglia sat before him silent and tearless (by advice of counsel). For five hours he had to face them while lawyers--talking of poverty, slum life, marijuana, liquor--urged him to commute the sentences of the five women's five sons, aged 19 to 27, who were doomed to die January 26 for committing murder in the holdup of a Manhattan gambling house.* When Governor Lehman had heard all, he solemnly shook the mothers' hands, took a last look into their five anxious faces (see cut), promised to ponder his decision.

This gruesome ordeal had its effect. That very day Assemblyman Edgar F. Moran introduced in the Legislature an amendment to New York's Constitution to let the Governor share his most harrowing responsibility, by setting up a Board of Pardons. Today 16 States have Pardon Boards. But in most States, Governors, though they may rely on other officials to make factual investigations and recommendations, must exercise the awful power of pardoning and commuting sentences alone.

* One of the condemned, diabetic Philip Chaleff, was with difficulty being kept alive for the chair by injections of insulin.

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