Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-08-12

state supreme court, which later
denied him d rehearing in the case,
and the appeal to the prison COM
mission and the governor is the last
resort in the fight which his attor-
neys, relatives and friends have
waged to save him from the gallows.
Supporting the clemency petition
were delegation of ladies, DuPres
attorneys, H. A. Allen and Louis A
Foster; his father, who was a silent
actor in the proceedings; Miss NJ.
n. Mason, a psychologist and teach
en-, and several Atlanta ministers
one of whom, Rev. w. T. Walling,
sought clemency for the condemn
ed man.
Victims Oppose Plea
Opposing the clemency petition
were Assistant Solicitor General E.
A. Stephens; T. E. Fem, assistant
superintendent of the local Pinker
ton agency; Jesse E. Mercer, head Of
the Georgia League for Law Enforce
ment Through Constituted Authori-
ties, and City Comptroller G. Ora
ham West, who was dangerously
wounded when he attempted to in
tercept the slayer as he fled through
the Kimball house lobby after the
robbery.
Mrs. Walker, widow of the slain
detective, with her four-year-old
daughter, occupied front seat at
the hearing silently protesting
against the clemency petition. She
told reporters she was prepared to
speak, but was not called upon DUR
ing the hearing.
The delegation of ladies, headed
by Mrs. John E. Clover, presented
petitions which were said to have
been signed by 12,251 persons who
advocate life term instead of the
death penalty for DuPre. Mrs. Glow
er, Mrs. w. F. Trenary and Mrs.
Julia E. Cope were among those who
asked for mercy for the condemned
bandit.
"Not from any personal animosity,
but for the good of society, urge
you to let the judgment of the court
be carried out" was the plea Of Mr..
West. himself a victim of the ban.
dts gun in the sensational robbery.
i am sorry for the boys father"
he stated, "but something must be
done to suppress crime. A study Of
statistics will show that youths are
responsible for many Of the present
day crimes. The boy showed Grim
inal instincts; he stole from his own
kinsmen, and his shooting of the de,
tective was cold-b.ooded murder"
Maudlin Sentiment
Rev. Walling blamed bad com
panions, bod women and whisky, for
DuPre's criminal career and describ-
ed his temptations as "the hardest
any eighteen-year-old man ever had
to face" He said he was seeking not
mercy but consideration.
Attorney Foster, referring to Du
Pre- as a person with the mind of
q child condemned the hasty trial
and the wide publicity given the
bandit.
"He is not the glazing bandit the
newspapers have painted him." he
declared. Here are the names Of
10000 people who want mercy"
He discussed other details of the
crime, the trial and consequent hap
penings, describing the verdict of
the jury as the voice of the mob"
Assistant Solicitor General Steph
ems decried the ''maudlin sentiment
which he said was influencing the
clemency petitions in behalf of Du-
Pre-.
"The bulk of those in this room
never heard the trial or read the rec
ord in this case" he asserted, chal-
longing several statements made in
which DuPre had been quoted con.
corning remarks he is said to have
made at the trial.
He read from a report made by DR..
Frank Eskridge after an examina-
AQ efo
demned man was physically sound
and mentally responsible"
He declared that the main ques-
boy have sufficient mental caliber
to know the difference between right
or wrong?"
MERGERS Argument
Jesse Mercer pointed out what he
said would be the effect should the
prison commission recommend cle4.l-
ency in the DuPre case.
IF the papers should announce
that this commission recommends
that this murderer escape the gal
lows" he declared, "a thousand
youths throughout Georgia would
resolve they can risk a great deal
more. Hundreds wait on the de-
cision in this case. I don't cry for
blood. They say it will be blot on
the fair name of Georgia if this man
it allowed to hang, but I say there
will be a thousand blots on her name
should tn e death sentence be
changed"
Attorney Allen, in the concluding
argument, devoted a great deal of
time to the legal issues which he said
were involved.
He raised three major points-the
supreme court decision, the report
of Miss Mason, the psychologist, iE
which DuPre was described as
moron with the mind Oh child
twelve years, eleven months old, and
the fact that four of the DuPre
Jurors were alleged to nave expr ess-
ed bias against the defendant prior
to tho. trial.
He attacked the Rev. j. w. Ham
for demanding the death penalty for
DuPre.
IT promise you," he pleaded in
conclusion, ''that if you will grant
self, the boys father, or Frank Du-
mission or any governor for a par
don or parole"
Miss Mason Speaks
At the morning session. Miss Ma
son spoke for nearly an hour, advo-
eating clemency 70 DuPre on the
ground that he was mental defec-
tive and that he had a trace Of in
sanity in his family.
Mrs. Clover, Mrs. Trenary and
Mrs. Cope, in their speeches, refer
red to the death Of DuPre's mother
while he was yet child and plead
ed for his life on the ground that
he had become a criminal because
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