Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-08

giving q life sentence"
This paragraph Is from Judge Humid
ley's first statement regarding tho
sentence of the 17-year old Negro boy,
Aubrey Barrett, to the electric chair.
1t Is very important paragraph.
upon 1T hangs much of the argument
III this distressing case When the Ne
gro boy pleaded guilty, without coun-
sci 1t was to the indictment. which
Indictment charged murder. The court
then declared the murder to be of the
1lrst degree, whereas If tho boy had
not pleaded guilty. the commonwealth
would have been forced to prove the
crime murder rather than manslaugh
ter. When the boy surrendered the
\ prescriptions in his favor, "the pun
| lshment under the law followed auto.
matlcally.' So says the court. And to
make the point perfectly plain, Judge
Hundley explains that the court could
not DO as jury might have done
substitute Imprisonment for death as
punishment. Nothing could be plain
or, more positive and less subject to
contradiction than this statement from
lne Judge who presided at the trial.
me court had absolutely no alterna
eve to sending the boy to the cleo
trio chair-that is the definite and
! uncquivocal statement of d veteran
Jurist who had presided over crimi.
| nal cases for more than twenty wears
LII inc lace Of these words from
| Judge llundloy and with all Difference
| 10 MS superior knowledge of the law.
| me News Leader wishes to state that
! Judge iiundlcy did have discretion In
'his case, that he has unintentionally
mistaken his powers. and that ho
couia nave imposed a sentence more
! III keeping with the age and ignor
ance OF the prisoner
we trust we have made this state
| ,iene as unequlVocal as was that of
! Judge liundlcy, and we are prenorod
o plo'e our contention to the salts.
faction Of any man:
! In the first place how old 10 Au,ro,
| barrett? Admittedly between 1G ana
~ years of age. Even IL the date or
ms birth cannot be fixed with procis.
I ion' the Negro is conceded by al to
{; be under is. ''' w
| ;, ncihg under is, the boy comes with
in me provisions Of the act of 1914
lchapter $50. p. $685. which act was
! p"'seo primarily to protect persons
Vi immature years from the extromo
/ penalties of law. '''''
ACCORDING to this act, "a child I'M.
oer IL years of age who violates q law
vi inns state is classified MS "doIin.
| quent." 90 "e''h-
ohuer the same act, "every court Of
record OF general criminal iurisdic-
! t'on or the judge thereof in vacotionn
'as we'll as the police and iustico
courts is "authorized and emnownr.
| ca IN its discretion to Commit r.
inc care and custody Of the state
| oosrd OF charities and corrections ar
vi any society, association or reform,-
'ors approved by the state board NJ
.,ar''es and corrections any child
I Quent. " w "ciih-
! And to make assurance douh,o
.', tue law further provides that
! ] chlld mas been sent Oh to the
atmn jury the court to which the
'.u IS so sent shall, after the trial
n.u III conformity with the require
.r,,;'.. y. la"' have, If the child is
Suli'y OF crime. the power to act undor
the provisions of this statntn 20 't ~
the disposition OF the child" ~
| -, .stss aa"Sge can define n nroceod
'ns at law the statutes of this com.
; mohweaith say that when n child e.
eriea ana found guilty of crime tho
court can commit that child n tho
state board OF charities or to W.
inormatory-at its discretion. Tho vnry
"iscretloh which Judge Hupdlov ~,
! sis's ne did not have is snecif;coIiv
vested III him by statute
NOT can 1t he claimed for m ;nsto,t
a''nl 'h1s statute does not apnlv to
! o"ses OF murder. Here in Richmond
| " . elsewhere in the commonwealth
; T nv records or our courts will show
na na. novS-Negro boys at that-havo
"o1" urea Tor murder under This oct
| "nu, instead OF being sentenced "a Tho
r rnro chalr' have been sent to tho
| .. "i;olila'ory which the state main.
thn l"I uellquent boys. We venture
| or as, s'oi ''oh that the admission books
~ 'o Low. Nesro rcformatory will show
| ;ns,;, ''. llal' dozen boys now in that
| nf ' ,,,u,,oh VINO were duly convicted
| IMAM to the electric chair '"''e'
! rms law is not mandatory ,,
! .lce can still send q child nndon '. 10
i TO the grand jury, which in tmrm 10
inu'ct' A court OF record NAV tr,, ,",,
| Jury may convict and court ="
sentence to Imprisonment in tho no'';
ooht'ary or to legal execution nrn,,ia
90 olIS mat the child is over - vnarc
! VI age But we are not discussino
"" ninay laws. We are DISCUSSING
! a. alscretlon which Judge HunJ,oS
tion S,1 NE aldnot possess-but a discre
.lon when, IN actual fact, is less Oman
=" uISputc than the right of n conrt 70
jury trial. "'" WITHOUT
wiz, we 10 not charge Judge Hundlev
his .s' no "no Intentional misstatemcnt OF
a n's powers On the contrary, we arc
certain that he either had forgotten Ih The
h 1aM we W.; nave cited or else had never
uau ms attention directed to if Ana
1m's as, is not at all unlikely or ncccssari .
that "l thn III, when we remember
zen lengthy title which. at a glance. wou,d
n nor ana'cate that it works a very i'm.
p p reform in judicial proccdnro
h nn1 me ,ne iact remains that the court
u"o inc discretion, could have msnd
IL and consequently can no ,onaor t taIo
me position that the sentence ~ IN.