St. Landry clarion. (Opelousas, La.) 1890-1921, 1914-07-04


was tried and convicted in the
local District Court last April for
the kidnapping of four year old
Bobbie Dunbar, of this city, has
been declared technically free by
the Supreme Court, in a decision
handed down by Justice Land,
on last Monday evening.
Justice Land declared that the
kidnapping act passed in 1910,
which imposes the death penalty
upon any person kidnapidg q
male child under the age of Ia or
female child under the age OF
IL years, is unconstitutional and
de facto does not exist.
By declaring the 1910 kidnap-
ing law unconstitutional the only
laws on this subject now in force
are sections 805 and 806 Of the
Revised Statutes of 1870, as re-
vised by act SO, of 1908. After
the terrible Lamana kidnapping
case the legislature passed the
act of 1910, making the punish
ment for kidnapping death, but
this act has been declared I'M
constitutional, because it pur-
ported to amend section 805 of
1870, which had already been
amended by act So Of 1908.
William C. Walters can not
under any circumstances receive
the death penalty in this state
for the kidnapping of little Bobbie
Dunbar. The most the jury can
infict on him, if he be tried
again. would be twenty years at
hard labor.
It is a doubted point whether
or not the state can try the tinker
again, as the law provides that
the prisoner be indicted only
once for the same crime. Wise
LAWYERS however argue that he
can be tried under a different
statute and that it would not be
jeopardizing the prisoner.
When Walters was informed
Of the decision Of the Supreme
Court on last Monday evening
he was very jubilant over the
outcome of his case, but he said
that he had been prosecuted by
the Dunbars and their friends
and that it would take no less
than 500, 600 and the little fellow
now at the Dunbar home to
soothe his injured feelings.
When asked what he would do
after he would be released from
the New Orleans parish jail. Wal
ters stated that he would try to
secure theatrical contract, by
which means he hoped to make
splendid living, by telling the
people all over the United States
his side of the case.
The Dunbar attorneys have
ten days in which to make an ap-
plication for a are-hearing and it
is thought that they will en-
deavor to have the tinker rear
rested and seek a new indict-
mems under the laws Of 1908. !.
Assistant Attorney-General
Gondran, who led the fight for
the state in the supreme court,
declared that the kidnaper could
never be brought to trial again
for the kidnapping from Swayze
lake of little Bobbie Dunbar.
However this is a disputed point
and it is thought that the prose
cutting attorneys will make a
fight to have the tinker tried
again, under the 1908 law, for
the alleged kidnapping of the lit
tie Opelousas youngster, who
has attracted so much attention
from all over the south.
Mr.. Dunbar, father of the lit
tie chap who disappeared from
SWayze lake. in August 1912, in
an open statement gave warning
to Walters, saying Walters will
find a more congenial climate
than the neighborhood in which
] live, should he be freed event
ually through the technicalities
Of the law
1t was Mr.. Dubuisson, court
attorney for the defense, who
made the fight which will, in the
opinion of many, eventually free