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

giving lllc sentence.
This paragraph Is from Judge Humid.
lcy's first statement regarding the
sentence of the 17-ycar old Negro boy,
Aubrey Barrett. to the electric chair.
1t is very important paragraph.
Upon it 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
tlrst degree. whereas if the 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
prcsumptiOns in his favor. thc pun-
ishmcnt under the law followed auto
matlcatly.' SO says the court. And to-
make the point perfectly plain, Judge
Hundlcy explains that the court could
not do as jury might have done
substitute imprisonment for death Ms
punishment. Nothing could be plain
or, more positive and less subject to
contradiction than this statement from,
inc judge who presided at the trial.
me court had absolutely no altcrna-
tive to sending the boy to the clcc.
'rlc chair-that Is the definite and
nheHhlvocal statement of d veteran
JurlS' who had presided over crimi.
maj cases for more than twenty wears.
IN inc face Of these words from
JuuSe iundley and with all Difference
70 MS superior knowledge of tho law
nc News Leader wishes to state that
Judge iiundlcy did have discretion in
ms case, that he has unintcntionallv
hh'Staken his powers. and that he
t""id nave imposed q sentence more
III Keeping with the age and jrnor
ancc of the prisoner
we trust we have made this STATE
L'eh' as uncQuivocal rs was that Of
Judge liundlcy. and we are pronorod
10 prove our contention to the salts.
faction of any man:
III me 1lrSt place how old j.; Aubrcv
Jarrett? Admittedly between 1G and
~ years OF age. Even If the date Of
MS hlr,h cannot he fixed with prccis.
i"h' the Negro is conceded bv all to
be under Is. ''' "
hclhS under is. the hoy comes with
III the provisions of the act Of 1914
'chapter $50. y. 696.) which oct was
passed primarily to protect pcrsons
vi immature years from the cytromo
penalties Of law.
according to this act. "a child nm.
oer rs years Of age who violates , law
OF this state" is classified rs "dolin.
qucnt." 40 "'''"-
'hucr me same act "cvcrv court of
record OF general criminal iurisdic.
non or the judge thereof in yor,,ion"
'aS we'll as the police and iustico
courlS) is authorized and omno,vnr.
'u III It's discretion to Commit Ia
''le care and custody of the state
Hra OF charities and corrcction. ~,
oi any society. association or rororn,-
'"rF approved by the state hoard or
'n"r''icS and corrections any child
VINO snail he proven to no do,in.
qucnt. w "ci'l'-
ana to make assurance douh,o
Su'e' the law further provides mai
"hch child has been sent ON IN tho
EIand jury, the court to which tho
) ,ntlo Is so sent shall, after the trial
- haa IN conformity with the rcouiro
nit,'S OF law, have. if the child is
guilty. OF crime, the power to act nnaor
inc provisions of this statute ne n
""J "isposltion Of thu child"
III other words -~,s nio,,,i,.
80, i''FF Hi~nfBe can define y nrocood
.ns at law, the statutes of this com.
.non"ealth say that when n child is
.l!eu ana found guilty of crime, tho
oo"rl can commit that child to tho
S'"'c BOARD Of charities or ia =, 70.
i -, ma orE--a; its discretion. The vorv
"'H'rc,ioh which Judge Hundlov in.
n'H'H ne ana not have is spccificollv
vested IN him by statute
N'i can II he claimed for an ine,on,
'nn' inns statute does not apnlv to
eases OF murder. Here /, p;nh,>,, p,