Human

In San Quentin prison in California, Harry Garbutt of Chicago sat in the death cell awaiting the noose which was scheduled to end his life that morning for the murder of Mrs. Dorothy Lee Hunn in Pasadena in September, 1924.

Garbutt's attorney, who had fought the case to the last ditch, had "one last desperate hope" to save his client by an appeal to the U. S. Supreme Court on a technicality. He had sent the particulars of his appeal by letter to a deputy clerk of the Supreme Court of the U. S., to E. Elmore Cropley.

Mr. Cropley had taken the matter to Justice Sutherland, who is assigned to the Pacific Circuit. Justice Sutherland shook his head. He said that the Supreme Court had already decided on the issue brought up, and the decision was adverse. Nothing could be done. Chief Justice Taft had said the same thing; so had Justice Sanford.

On the morning of the fatal day, Cropley met Justice Stone coming into court and again was denied intercession. He cornered Justice Brandeis in a corridor and was refused for the fifth time.

Undeterred, Cropley cleared a wire to San Quentin in case a last minute reprieve should be given. Then he walked into the Chambers of the Court, where the Justices were consulting on their opinions, and laid the appeal before the Chief Justice. Never before had such procedure taken place.

The Court was human. Although five of its members had refused to stay the execution, it considered the appeal in spite of the irregularity. The Court was also firm. The appeal was denied.

At 10:42 a.m. (1.42 p.m. Washington time) Harry Garbutt sank through the trap of the San Quentin gallows. As he mounted the gallows steps he confessed to a guard: "I fired the shot. Of course, I didn't mean to do it."