SENTENCE COMMUTED

Evening Post, Volume CXVI, Issue 24, 29 January 1934, Page 16

SENTENCE COMMUTED

LAST-MINUTE REPJMEYE LIGHTNING TRIAL DRAMA Joseph Urcitwieser, the first man to be tried by the "lightning Court," established under the limited maitial law I in Vienna, was sentenced to death on the morning of December 15, \witcs, the Vienna coirespondent of the "Daily Telegraph." Ho was pardoned two minutes before ho was to lmo mounted the scaffold. President Miklas's last-minute decision carried with it, however, the sentence (hat Breitwicscr must be im-PU-iil'ed for life. "The drama of the1 tlial of this man, who committed the crime only four days beforo his sentence, held the attention of all Austria. So great was the interest in the case that the midday radio concert was interrupted 'to enable tlie ; announcer to broadcast the death scnenco, after which, with the woids, "We will now resume our concert," the band continued with its oulinary programme. When the Court met at 9 a.m. on December 15, the sound of the picks and shovels of four convicts digging a hole for the gallows pole in the yard outside was clearly'audible. The executioner awaited his summons in a neighbouring room. TO HANG IN TWO HOUES. The prisoner made a full confession again, and after a shoit withdrawal the Judges at 31.35 sentenced him to be hanged within two hours. At tho request of Dr., Lins, defending counsel, he was granted a third hour to prepare for death. Wringing his hands, Bieitwieser askeil to be recommended for mercy, but was told that thcic was no provision for the Court to endoisc any application which he might make to President Aliklns. He was thereupon removed'to the cell, outside which stood the gallows. President Miklas was far away in tho Alps opening :i new mountain lailway, and counsel had the greatest difficulty in reaching him with his telephone I appeal for mcicy. The tioops surrounding tho Court were busily cmI ployed for two hours trying to drive off, I with fixed bayonets, the curious thou--1 sands who were awaiting the diamatic end. Tho hands of the clock had already | passed 2.30, and Breitwieser had but two minutes to live when the Judge's i telephone rang. Dr. Lins, the defending counsel, stood beside him mopping his brow, with shaking hand until the Judge replaced tho receiver, saying, "Piesident Sfiklas i has commuted the sentence to life im- , prisonmeirt." "I hastened to. tho condemned coll, where Breitwicsor was sitting, a rosary in.one hand, and the other held by thu priest. When I told him, 'Tho President has saved your life,' ho flung his arms around my neck, weeping," said Dr. Lins. PRESIDENT' S SCRUPLES. I I learn that President Miklas, who is | a very devout Roman Catholic, made ! his decision on icligious grounds. Aftei | attending Mass, according to his daily custom, ho demanded' to be left alone I for half an hour this morning, and said at the end of that period "As a Roman 1 Catholic I cannot bring myself to take i a decision which would destroy a human life just, when Advent week, bids us to i think of the coming of our Saviour." The Heimwehr Fascists, who were enthusiastic over having persuaded Di. Dollfuss to restore the death penalty, were insistent that there should be no reprieve. Tho Socialists, who, of coiuse, are pledged to vote'against the death penalty under every ciicumstance, and the Ttoman Catholic priesthood (for religious reasons) all acclaim the President's act of mercy. Tho ncimwehr Fascists lcalised that for them much moie was at stake than the question of whether a murderer i should die or not." For them this'was the test as to whether President, Milclas j would be guided by their wishes—the most important of which is their dei she that he should consent to tear up altogether the Democratic Constitution to which lie has swoin allegiance*. They realise with bitterness.thai Ihey have no hope of persuading Austria's deeply religious President to violate his oatli under any cheumstanc.es.