The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-03-03
GREGORY BALKS
AT AMNESTY IN
ALLSPY CASES
Attorney-G General Refuses
to Yield to Demand for
General Jail Delivery.
WRITES TO PRESIDENT
Recommends Clemency in a
Few Instances Where
Injustice Appears.
ALL RECORDS REVIEWED
Decides Espionage Convicts
Are Not In Any Measure
"Political Prisoners"
ALL. RECORDS REVIEWED
ss.s.s, p..pss.A .. IN, sur.

wAsHfNoToN, March f.-Attorney-
General Gregory WIN not yield to the
demand from soms quarters for the
general releass Of persons convicted
under the espionage act during the
war.
In . letter to the President ths At
torney- General recommends against
any general exercise Of clemency or q
general amnesty for these persons. He
says. however. that in some cases It
1s not apparently necessary that the
full sentences be carried out and he
recommends clemency. Just what
cases. the recommendations apply to
10 not made known. They will be Con-
ndential unless the President scts on
them.
Considerable pressure has been
brought to bear on the Attorney Gen
eral recently from letter writer's and
certain newspapers for release Of those
convicted under the espionage act.
Many letters declared that these per-
sons were political prisoners and
should be released under a general
amnesty. Efforts have been made to
procure the release of Eugene Debs.
Rose Pastor Stokes and others.
Arc Not Political Prisoners.
In a letter to the President the At
torney- General said:
The persons convicted and sentenced
for q violation OF the statute are in no
sense political prisoners and they have
net been convicted for mere sxpresyiop
Of opinion. An OF them have bssn con-
rscted upon a trial by jury Of wiiful
violation OF u Law whose sole aim was 70
prevent deliberate obstruction IN the
prosecution OF the war. The statute un-
der which they we're convicted required
in every instance that proof be made OF
their wiltulness and of an evil intent
to hinder this country in the conduct
OF the war: and the assertion that as
class these defendants are political
prisoners is one which cannot be sus-
tained. I cannot recommend an indis-
criminate pardon Of these persons.
There naturally have been some cases
In which the evidence OF wtlful intent
was indirect or circumstantial in charac-
ter. and It has happened that In close
cases of this type injustice resulted to
certain defendants because OF the ALL
prevalent condition OF intense patriotism
and aroused emotions on the part of
Jurors. BY repeated instructions 70 the
prosecuting officers sought to safeguard
the rights OF defendants against this
danger, and the members OF the Fed
eral Judiciary. with substantial unan-
unity. endeaYored to protect defendants
from the III result OF any such con-
ditionA That injustice did result in
certain cases Of this type must be con-
ceded It could hardly be otherwise
For the same reasons Il is apparent that
in certain individual cases the severity
OF the sentences imposed would some
times be out OF proportion to the .ntrin-
sic character OF the offence committed.
All SPY Law Cases Reviewed.
Having these considerations in mind
some three months ago ! caused re-
view to be instituted by several OF my
most trusted assistants Of all cases In
which men have been convieted under
the espionage law or other so-called war
statutes. In making this review we have
borne in mind the necessity for correct
ing any mistakes such as I have de-
scribed as well as the danger of inter-
fering arbitrarily with that administra-
ton OF law for which our civil courts
have deserved such high praise during
the critical days of war.
Tho result of this careful analysis
and review OF each individual case sat-
isies me that in most cases of copS4c-
ton substantial Justice was done de-
PENDANTS by the conduct of the trial. the
character of the evidence and the SEN
tences imposed. In other cases. how,
ever. L am satisfied that the ends OF
Justice do not nov require that the sem
tences imposed by the court. during the
war need be enforced with full severity"