Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-08-25
EXECUTIVE CLEMENCY
SOUGHT FOR NEGRO BOY
Governor Stuart Takes Under Adj
visemcnt Petition Of Aubrey Bar.
rett, Sentenced to Death.
SENATOR ADDISON COMES HERE
Facts in Case Are Said to Challenge
Integrity Of Administration Of JUS
tice in Virginia Courts - Had
Neither Counsel nor Jury.


State Senator Walter e. Addison.
editor of the News. OF Lynchburg. call
cd OH Governor Stuart yesterday to
ask executive c!emcncy for Aubrey
Barrett. under sentence Of execution
at the State Penitentiary on August 30
for murder. Governor Stuart promised
to take the case under advisement. but
gave no indication of his attitude.
Information has reached Senator Ad-
olson that the boy was not represented
by counsel. that there was no jury.
that he was induced to change his
plea of not guilty to guilty. and that
after but the briefcst of hearings no
was sentenced to death by Judge
George j. Hundley, sitting in the Cir
cult Court of Charlotte County. Not
having had counsel and being entirely
ignorant of the forms of law, the boy
entered no exceptions, made no pro-
test. and. regardless Of the merits Of
his case. Is said by lawyers to be now
without ground on which to base a pc
tition for review Of his case by the
State Supreme Court Of Appeals I'm
der the circumstances. Senator Addison
said. appeal to the Governor was the
only alternative.
10Y AND HIS FATHER
PURSUED BY MOB
Some weeks ago a white farmer in
Charlotte County was murdered and
the crime was traced to a negro named
Barrett and his son. They were sur
rounded by a mob. evidently bent on
summary justice, but on the plea Of
Sheriff Priddy the law was allowed to
a "a 70 AZ
tried by jury. convicted and sentenced
to execution. For him Senator Addi-
SON makes no plea, since there seems
to have been evidence satisfactory 20
a jury that he was the guilty man
The Lynchburg editor. however, has
interested himself In the case Of the
SON.
After the trial Of the father. and
while the crowd was still excited over
his conviction and sentence. Senator
Addison says. the boy was called be-
fore the court and asked IL he desired
to have his plea Of not guilty stand
or to change 1t to guilty. The attorney
who had defended the father declined
to undertake the boys defense, and no
other counsel was assigned by the
court. The boy was without legal I'D
vice from any source whatever. and
after a certain amount of hesitation
. ".
the case was heard without jury, and
he was Immediately sentenced to death.
DID NOT HAVE SAME
CHANCE AS HIS FATHER
Senator Addison presented to the
Governor petitions signed by citizens
OF Charlotte Courthouse who state that
they do not feel that the boy had as
fair change for his life as the father,
who was undoubtedly guilty. was
given. Three OF the jury trying the
father are quoted as saying that II the
boys case had been submitted to them,
they would have given him a prison
term instead of the death sentence i'm
posed by Judge Hundley. Common
wealths Attorney Light, Of Campbell
county. who assisted in the prosecu-
ton, is quoted In the papers as stating
that the boy did not have a Jury trial
that he was not represented by coun-
sci and that after hesitation he
changed his plea to guilty. and the
court after hearing evidence provided
by statute to determine the degree of
his guilt. sentenced him to death.
Senator Addison also filed with the
Governor n written opinion by WI
liam T.. Werth. an attorney OF Taze-
well, reviewing the facts of the trial
III the facts as stated be true, "he
says. there is som ething more in
VolVed than the mere executive Glenn
ency' for Aubrey Barrett, for the above
facts challenge the integrity of tho
administration of justice in this State"
Mr.. Werth holds that the trial Judge
| had no right to seek, directly or other
wise, to change tho plea much
| less to invite the substitution of a plea
| Of guilty from an ignorant boy who
was hesitating from fright and acting
without legal advice.
SAYS hoy IS ILLEGALLY
RESTRAINED OF HIS LIBERTY
He continues: That mere how
can be tried for murder ano sentenced
to death by the judge of the court
| without having had the aid OF counsel
Is too shocking to believe without alb
solute proof OF the fact" He cites
the act of 1914 in regard to first de-
| gree murder. holding that it is for
tho jury alone to impose the death per-
atty for such murder, and that "the
judge OF the court has no more color of
authority to impose such penalty
than would a justice of the peace"
In concluding his opinion Mr.. Werth
says:
II puTposely withhold any comments
or criticisms Of the alleged acts OF the
| judge OF the Circuit Court OF Charlotte
until the absolute truth Of the alIeEa-
tons are established. 1t is pertinent
| also TO inquire what part the Common
wealth's attorney OF the county took
In the alleged proceeding, IL any. If
the allegations be true. then the boy
had no trial at all. and is illegally re-
i t.