davidaulloa/AmericanStories huggingface dataset:
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29
SUPREME COURT AND
THE BARRETT CASE

The action OF the Supreme Court
OF Appeals Of Virginia, in refusing
writ of error in the Aubrey Bar
rett case was of course to be expect
ed. AS Is pointed out by that forum
In handing down its ruling, the record
OF the trial disclosed no fact which
could properly be made subject for
review upon appeal. It is upon de.
Velopments. however, which are not
shown lin the record that tho Cover
nor Is being urged to interpose execu
\ tive clemency-not disclosed in the
record Of the case because Of the lack
of bill of exceptions-the lack Of
the bill of exceptions being due to the
fact that the prisoner was without
counsel from the time at which his
trial begun until its conclusion.
Nevertheless 1t happens, fortunate
ly, that the Supreme Court jim formal
~ defining its reasons for refusing
writ Of error has shown that the
boy was tried by Judge who enter
tanned misapprehension of the law
which defined and controlled his dis
erection In the matter of affixing pun
sshment. In a signed statement given
to The Times-Dispatch during the lat
ter part Of August, Judge Hundley
stated that in disposing Of tho Aubrey
Barrett case he was excluded from
exercising the discretion which at
taches to jury, and gives 1T the
right upon an ascertainment of first
degree murder to prescribe the pun
1shment either at death, OR AT LIFE
IMPRISONMENT The mere ascer-,
tion Of this proposition by the trial
Judge and his unconditional conten-
ton that he had but one alternative
and that was to sentence Aubrey Bar
rett to the electric chair, naturally, sug
gested the surmise that II the court
had been aware that it did have the
discretion to impose a life sentence
instead of death, it would probably
nave done so. But now comes along
tho Court Of Appeals with decision
TO the effect that Judge Hundley err.
ed In his conception of his discretion
airy powers. The petition for the writ
or error raised the question, and In
response, our Court Of last resort de.
c1ded In effect that Judge Hundley did
have the discretion-the same discre
ton that jury has lin such cases,
the discretion which Judge Hundley
mas stated In public communication
ne did not have. In order to make
this point entirely clear, let us quote
from judge Hundley's newspaper
communication and from the opinion
or the Supreme Court of Appeals and
parallel the two statements:
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29
For Information, call and see us.
MECHANICS ST WINGS BHNH.
John Mitchell, Jr., President.
3rd and clay Sts., Richmond, va.

r.ssr'ss
apt to conclude they deserve 1t. We
mention these facts solely to assure
Mr.. Watkins that while Judge Humid
ley has received just-indeed. gener-
GUS treatment-at the hands Of the
press, We do not regard him as in any
sense above criticism and would not
hesitate tc discuss his official conduct
or that Of any other jurist. And If,
as Mr.. Watkins says, this absolute
ly destroys the usefulness of the Char
lotte court, while presided over by
Judge Humid ley" we may be pardon
ed for remarking that Justice was ad
in Charlotte before Judge
Hundley's elevation to the bench and
will, we trust, still be administered
when another Is In his place.
(Richmond, Va, News Leader, Sept
90, 1919
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29
81 BILLION INDEMNITY
This Is Part of German Jingoes' Mod
est Peace Plan

The remarkable promises with
which the German people are being
fed as an inducement fer keeping ur
the war struggle. are reflected In S
pamphlet which is being distributed
throughout the empire.
1t purports to set forth Germany's
peace program. The German peace
terms are outlined ps follows:
A "compensation" of 100000
900 marks ($S7,5O0. 0o0,0O0) for which
the normal rate Of exchange will be
exacted.
The following territorial acquisi.
lions: The greater part OF Belgium,
the districts Of Br!ez and Longwy In
France. the Suez Canal, Calais and
Boulogne. the Belgian Congo. the colo.
MES Of Portugal, the English and
French colonies in tropical Afro,
Malta, Alden, Cyprus. Gibraltar, Ma
deira. the Azores. Morocco, Tunis
the Canary Islands.
From Russia will be exacted Lithu
ania, Esthronia, I.vcnia. wilma, Grod
no and Minsk and Courland.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29

Here, then, 1T Is a matter of due
appellate Judicial ascertainment that
II the Judge who tried Aubrey Bar
rett did so under the consciousness
that he could not give the prisoner
the benefit Of life imprisonment in
stead OF death as punishment for his
crime, he was mistaken. The Court
or Appeals clearly so holds. Thus It
is made plain that the boy did not
enjoy the benefit Of tho sort of trial
to witch In contemplation of law he
was entitled. 1t may be inquired why.
II the court so held, it did not grant
an appeal. The answer Is that Judge
Hundley's mistaken conception of his
power was not embodied in the re-
cord Of the case; that 1t was revealed
IN newspaper statement Of which
the Supreme Court could not take
judicial notice, because 1t was not a
part of the record; that the dictum
or the Court Of Appeals was given in
response to the contention embodied
In the petition that Judge Hundley's
discretion was confined to the imposi
ton OF the death penalty or in other
words, that the view expressed by
Judge Hupdley in the public press in
volVed sound conception Of the law.
The Court Of Appeals simply says that
the conception Is not sound.
The News has at no time intended
to harshly criticise Judge Hundley
FOR what has happened in this case.
We have proceeded upon the assump
ron that Judges as we'll as other PEG.
pie are human, and liable to err in
their conclusions; that Judge Humid
ley perhaps did err In his disposition
OF the Aubrey Barrett case; that the
error involved was of such nature
that 1t could not lawfully be made the
subject of review by the Court of AID
peaks and that all the circumstances
IN the case when considered calmly
and impartially would justify the
Governor In committing Aubrey Bar
rett's sentence from death to life i'm
prisonment: that Is to say, they would
JUSTIFY the Governor in favorably exer
c1sing the discretion to whose bane.
fits the Barrett boy was entitled when
tried, and whose benefits the boy
might have and probably would have
enjoyed had 1t not bean that the iudpe
mistakenly held that he was by law in
hihited from the employment Of such
discretion. 1t Is not being urged that
Governor Stuart shall take, action
which in effect will reverse the act.
ION or the trial court It is not being
urged that the Governor take action
which In effect will reduce the degree
or murder ascertained by the trial
court. But 1t Is simply being earnest
~ requested that the Governor shall
change the form of punishment for
murder in a'rst degree from that
which was affixed by forum labor.
ing under the erroneous opinion that
1t could not legally do otherwise, to
that OF life imprisonment. No sort of
reflection Is intended to be conveyed
upon Judge Hupdley's high standing
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29
CAPTAIN GUYNEMER is DEAD
Famous French Flyer Believed (,
Have Met Fate.


Captain George Guynemer, the TO-
nous French aviator, is believed ia
be dead. I
Captain Guynemcr Is thought to
have been killed during reconnai
sance flight over Flanders on which
he left Dunkirk September Ii. Moth.
ing has been heard OF him since, and
1t was assumed that he had been lost
Captain Guyenemer who attained
worldwide fame by his exploits, was
perhaps the most brilliant aviator OF
the war, yet he was ony twenty-one
years old. He was last cited In the
official French announcement of Sep.
TENDER 10 for having won his f1ftieth
aerial victory. An unofficial press des:
patch a few days earlier said he had
accounted for fifty-two enemy ma,
chimes.
Only little more than two years
ago Captain Guynemer was simple
soldier. Joining the aviation corps,
he rose rapidly in rank, winning the
Cross of the Legion OF Honor, the
Military Medal, the War Cross and al.
most every other honor which his
country could bestow. The feeling
OF his countrymen for him was shown
when the young captain. carrying the
flag OF the aviation group, marched
In the parade In Paris at the celebra.
ton Of the French national holiday
last July.
He was greeted with wild outbursts
Of cheering and covered with flowers
thrown by women and children.
Guynemer was admitted to the
French army as volunteer, after
having been rejected Ave times by
medical inspectors. He operated hie
airplane alone, serving as both pilot
and gunner.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29
SUPREME
COURT.

The assignment
OF error that the
trial court had
no power to- i'm
pose punishment
Of life imprison-
ment instead OF
death, is without
merit, as section
8 Of the constitu-
tfon provides
that In a case Of
this kind the
court shall hear
and determine
the case. and that
invests the court
with all the pow
err and discretion
vested in the jury
by the statute pre-
soribing the pun
ishmenG for mur-
der.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29
Slam May Send Troops.

The Siamese government, according
to Bangkok despatch to Reuters, has
called for volunteers who may be sent
to the western front. The volunteers,
the despatch says. will be commanded
by officers trained In Belgium. A
Bangkok despatch to Reuters limited
says prize court has condemned six
German steamships OF total net ton.
mage Of 8,021.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29
LONDON RAIDED,
IS Die, 70 HURT
zeppellns and Planes Take
Part In Attack.
PRESS DEMANDS REPRISALS

Tho DirIaIbles Arc Driven From the
North coast After Wounding Thres
. Women.
Hostile airplanes attacked the
southeast coast of England.
Only two at the most succeeded in
penetrating the defenses Of London
and attacking the city. The casual.
lies were fifteen killed and seventy
injured. =
zeppelins also appeared off tho
coasts Of Lincolnshire and Yorkshire.
They did not penetrate inland, being
driven off by gunfire. Three women
were injured.
British airmen engaged the raiders
In Southeast England.
The latest reports indicate that the
Germans came In three squadrons.
Reports from Rentish town say
about eight bombs were dropped. Ac-
cording to a telegram from an Dssex
coast town the first inumation OF the
raid came about when anti-aircraft
guns opened fire and the droning OF
the a1rplanes' motors could DO hoard.
The bombing over this town continu.
cd tor about two hours at intervals,
but so far as could be learned three
bombs were dropped. Apparently
there was no great property damage.
The German planes appeared over
tho southeastern district OF London.
The raiders were scattered and did
not come in compact formation.
Many star shells were used by the
defence guns. giving the appearance
OF spectacular fire works. The scream
OF the torpedoes used by the Germans
was distinguishable easily from the
yenploslons OF guns or bombs.
-, Se.s.ly Mall calls for rcprisals.
saying:
''The British people would view
these attacks with entire Indifference
II they knew that every ono Of them
was followed by an attack in which
twice the weight of bombs dropped
here was showered on German towns.
Let's hit the Germans; hit them
hard"
Viewed by daylight, the damage
from the raid appeared to be surpris.
ing1y slight. The number OF bombs
dropped in the London district was
small and the practical results almost
negligible.
The chief damage visible was brok.
en- glass. In one spot where n heavy
bomb landed squarely in the middle
OF the street hole four feet deep
was torn In the pavement. The spot
was fenced Off and men were at work
repairing the pavement. The ooncus.
sion Of this bomb broke glass over
several acres. including windows in
neighboring hotels In which are many
Americans, Canadians and Austria.
lfans.
Three persons were killed by the
explosion. They were standing in a
doorway watching the explosion of
shrapnel, overhead. In this district
about half dozen persons were
wounded mostly by breaking glass.
Wagonloads Of glass were swept up
from the pavements and carried away.
Two or three other bombs which
fell in London caused even less dam
aga,
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29
Burned to Death While Asleep.

A lighted candle setting fire tc
a mattress on which she was sleep.
ing, caused the death OF Mrs. Mary
Thurick, sixty.two years old. Of Mt
Carmel, Pa. 1t IS said that several hun
dred dollars she had on her person
at the time was also burned. Hef
son, John Thurick, is in France fight.
ing with tho Twenty.eighth regiment
United States regulars.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29
Freedom of Speech
and of the Press
Guaranteed.

Congress shall make no
law respecting the eStabz
HShznent of religion, or pro
hibifi73 the free exercise
thereof; or ab1id@in& the
freedom of speech, or of
the press, or the right of
the people peaceabIy TO
assemble, and TO petition
the government for a re~
dress of grievances.
IF rom the Constitution Of the United States
Article I.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29
Strike at Norfolk NAVY Yard.

Approximately 5000 men employ.
cd at the navv ward at Norfolk,
Va, struck pending an agreement on
q new wage schedule Work In many
departments OF the plant was said to
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29
Senators Wa~t to Adjourn.

Agitation for adjournment of con.
gress was renewed among senator's
Some leaders think adjournment DC
tober 5 possible. Nearly all believe
congress- will get away by October IS
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29
JUDGE HUMID
LEY.

After luoting
section 4041 Of the
Code, Judge Humid
ley said: ...
So you sea, the
law does not allow
the judge in such
cases the discra.
tion allowed the
Jury. I; considart
that the boy was
guilty Of murder
In the first do.
gree, by his own
and his fathers
evidence, and 80
declared I had
nothing t do but
to pass sentence
OF death upon(
him."
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29
have been virtually suspended.
$4,000, COO More to Allies,

~V'VVV,VVV WUTC 10 NITTe8, :"
Loans Of $50,000,000 TO Great Brit.
ain and $20.0o0,o00 to France were
made by the government. They bring
the total advanced to the allies to
s2.391 100000. 4 y
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29

Russell ]. Coles OF Dnnville, Va,
hunter Of big game fish and companion
OF Theodore Roosevelt. Is urging the
American public to consider the use Of
sharks and similar fishes for food,
leather. oil and fertilizer. At n con-
ference at the American Museum OF
Natural History. in New York, Colonel
Roosevelt In introducing Mr.. Coles TO-
ferred to the interesting fact that II
the American people ate some of tho
sharks, rays and other predatory fish
which constantly consume our 80 called
food fishes We would have much
larger supply OF these conventional
food fishes.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29

IN VACATION.
CHARLES NELSON, Plaintiff
against In Chancery
ANNIE NELSON, ...... Defendant
The object Of this suit is to obtain
an absolute divorce from the bond of
matrimony by the plaintiff from the
defendant on the ground OF desertion.
And an affidavit having been made
and filed that the defendant, Annie
Nelson is not resident Of the State
OF Virginia; 1t is ordered that she
appear here within fifteen days after
the due publication Of this order and
do what may be necessary to protect
her interest herein.
Teste: LUTHER LIBBY, Clerk.
A Copy,
d. Teste: LUTHER LIBBY, Clerk.
J. HENRY cRUTcHFrBLD. p. a.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29

the Clerks Office Of
the Law and Equity Court Of tho
City Of Richmond, the 28th day Of
August, 1917. :. 80.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29

FROM EDITORIAL OF SEPT. II.
In answer to this article, A. D. Wat
kins, acting attorney for the COM
monWealth, wrote an extended expla
nation to The News Leader. An an
swer to this was published by The
News Leader on September II, 1917,
and contained the following
paragraph:
Let us likewise set Mr.. Watkins
straight as to the remarks made by
us which he regards as "derogatory
Of the court In this trial" Much has
been written along this strain, es.
pecially by Judge Hundley, and any
public review Of the case has been
denounced as an assault on tho
courts In general and the circuit court
OF Charlotte in particular. If we had
believed for moment that Judge
Hundley had deliberately or knowing
~ denied this Negro fair trial, we
would long ago have demanded his
impeachment and would have asked
the governor to appoint another to
serve in his place until the impeach
ment proceedings could be instituted.
Not believing that Intentional 1njus.
tice has been done in this case, we
have been lenient toward Judge Humid
ley, rather than critical Of him, and
wo have attributed the curious deyel-
opments Of the case solely to misun-
derstandings.. But let us be perfect
ly frank: The courts Of this common
wealth are cloaked with no infallibil
tty or judicial sancity that entities
them to special rights.
They are as properly subject to
honest criticism as Is the executive
department of government, and where
they manifestly err or are plainly in
competent, tho newspaper that fails
to point out tho facts is lacking in It's
proper courage as the peoples advocate
Lord Jeffreys was Of all men. most insis
tent upon the prerogative Of the courts
and he. Of all judges, did most to dis
credit British Justice When the courts
resent honest criticism, the public is
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-29
JUDGE HUNDLEY TO CITE THE
EDITOR OF NEWS LEADER

Paper Held To Be In Contempt or
Court In Certain Comments on The
Circumstances Of The Trial of The
Negro Youth, Aubrey Barrett, Who
Is Under Sentence OF Death, Now
Awaiting Execution-William Ian
CASTER Counsel for Tho Two Ne
groes, Must Answer For Statements
In Communications to Newspapers.
The Dawson news. (Dawson, Ga.) 1889-current, 1917-11-27
$4,000 GERMAN SPIES
ACTIVE IN UNITED STATES
OFFICIALS SEEK IN MANY
ACCORDING TO WASHINGTON
WAYS TO HAMPER WORK
CENTER EFFORTS DESTROYING
FOOD AND MUlVITTON PLANTS

Mysterious Fires, Insidious Propagan.
da and the Practice of Sabotage
Mark Trail of the Kaiser's Spy Or
ganization in America.
German secret service agents, aid
ed by thousands of paid workers and
sympathizers and backed by millions
of dollars, have increased their eff
forts to hamper the United States in
warning on Germany. Mysterious
fires, insidious propaganda, labor
troubles, sabotage of the most cum
ming kind, food destruction and 9TH
er manifestations of activity have
become so plentiful that the United
States secret service is at its wits
end to cope with the amount of
work before it. So serious has the
situation become that the government
is contemplating the drastic step of
declaring all territory within 100
miles of the coast line of the United
States barred zone, compelling
100000 Germans and Austrians re-
siding in such district to move inland.
Twenty Thousand Spies in u. s.
Anything to hinder the United
States in its war preparations" is
apparently the orders under which
German agents are working in this
country. The burning of 1000 bush
els of wheat here, the poisoning of
100 cattle there, nothing is too small
for them to undertake. German
thoroughness is not based on one big
coup, rather on a multitude of minor
acts repeated frequently enough to
result in sizeable total. This is the
line of work Berlin has decreed shall
be used in America.
Government officials estimate that
between 10000 and $4,000 German
spies are at work in the United
States. This force is largely recruit
ed from enemy aliens in this country.
They are operating everywhere, from
the sparSely-settIed farming districts
in the West to the crowded cities of
the Atlantic seaboard. Traces of
their treachery have been found in
almost every line of work, although
their efforts appear to be conferred in
the destruction of foodstuffs and the
hampering Of the production of war
munitions.
Food Fire Losses Have Jumped.
Since the United States entered
the war more than 25,000,O00
worth of food has been destroyed by
fire in this country. And in Is per
cent. of the cases there was the
strongest proof of incendiarism. The
total loss by incendiary fires in the
United States last year was less than
$1O,000,000, figure which will in
crease five times this year if the spies
and their torches are not controlled.
The Dawson news. (Dawson, Ga.) 1889-current, 1917-11-27
MRS. B. De SAULES
FIGHTS FOR HER LIFE
HEART YEARNINC FOR BABY
JACK CAUSED HER TO KILL
BOYS FATHER. is PLEA.

MINEOLA, N. Y.-Fighting' for
her life and for what is even dearer,
her boy, Mrs. Blanca de Saulles,
Chilean heiress and beauty, is on
trial here, charged with numbering
her divorced husband, John de
Saulles, clubman, politician and for
mer Yale football star
Mother love" and possibly tempo
rary emotional insanity will be her
defense. She will plead that over
whelming affection for the child-5-
year-old Jack-drove her to shoot
the man who refused to obey a court
ruling and relinquish possession of
the boy during certain months.
Was a Famous Beauty.
Mrs. De Saulles, once known as
the most beautiful woman in South
America, is backed by the millions
of her estate in Chile. Members of
the Errazuriz family have voyaged
here to help her fight. This family
has given one president to the re-
public and is one of the most infu-
entail in Latin America.
Wealth is also arrayed on the De
Saulles side. The De Saulles family
has long been socially prominent in
New York.
De Saulles was killed at his home
near Westbury, Long Island, the
night of August 3rd. Charles R.
Weeks, who is prosecuting the case
as district attorney, has declared he
believes the shooting was premeditat-
ed. Henry A. Uterhart, lawyer for
the defense, is known as the lawyer
who secured an acquittal for Mrs.
Carmen, charged with murder. af-
ter two trials.
Numerous requests for seats and
other privileges during the trial have
been received by court authorities.
Justice Davis S. Manning has ruled,
however, that attendance will be linn
tied to the seating capacity of the
court room and that no lunch" par
ties or knitting will be permitted.
The Dawson news. (Dawson, Ga.) 1889-current, 1917-11-27
BABY BEING KILLED
TO STOP SUFFERING
DR.. HAISELDEN is GIVING SEC
OND DEFECTIVE CHILD DRUG
TO END ITS LIFE.

A 4-year-old Chicago boy is being
given medicine each day by his pa
rents, who know that within two
months they will thus cause the death
of the child.
The child is Paul Hodzimi. The
medicine is being administered by
DR.. Harry j. Haiselden, who attract
ed public notice through the Baby
Bollinger case.
Would Be Hopeless Idiot.
Paul would be a hopeless idiot
were he to live" says DR.. Haiselden.
"His case is incurable The child has
an extremely small head and other
ailments which cause him constant
agony. The health of the child's
mother has been wrecked by great
mental agony endured since his
birth. If he lived, the suffering
eventually would kill her. An opera
ton would cure some minor ailments,
Dub iiCNCI WOulQ JCobOIC ITO hACIiNSlA-
ity or permit his mental growth.
"The treatment l am directing will
result in death of the child within
two or three months. In the mean
time opiates in the medicine prevent
the little one suffering the slightest
pain. This, | believe, is the best way.
If the child lives it would be an i'm
beetle and a hideous object all of its
life"
DR.. Haiselden also told OF having
advised this same treatment for a
72-year-old woman only a short time
ago. He said her arms had been am
putated because they had been froz-
en-, her hip broken and she was suf-
fering cancer of the breast, which
caused her great pain and was Ger
tain to kill her sooner or later.