Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-08-31
DUPRE WILL HANG
ON NEXT FRIDAY
At FULTON TOWER
Governor HardWick Declines
to Intervene in Case Of
Youth Who Slew Detective
Last December

nOur regal DaLLl0 10 save II rank De
DuPre from the gallows, Attorney
H. A. Allen made two moves Wed.
nesday morning.
First, he preserved to Judge john
D. HUMPHREYS, of Fulton superior
court, bill of exceptions on which
to appeal to the supreme court
Judge HUMPHREYS refusal to issue a
writ of habeas corpus for DuPre.
Second, when Judge HUMPHREYS
refused to certify the bill of excepS
tons, Attorney Allen applied to the
supreme court for a writ OF man,
damus to compel him to certify it.
With the closing statement that
''my duty before God and man is to
allow the law to take it's course
Governor Hardwick on TueSdRy
morning declined to commute Frank
B. DuPre from death to life impris.
onment.
Unless the United States court as
sumes jurisdiction of the case in tho
meantime, DuPre will go to the gal
lows in the Fulton county jail merit
Friday, September /, in paynAxsI
of the penalty for his crimes on cS.e
18th day of last December.
The procedure will be, If the case
is taken there, for Attorney Allen to
ask the federal court to issue "a
writ of haheas corpus, the effect Of
which would be to remove DuPHs
from the jurisdiction of the state ana
place him under the Jurisdiction Of
the United States. The basis for
petition for such federal court action
would be the claim that right or
constitution of the United States
were denied him by the state.
DuPre received the news of Gov.
ernor Hardwick'S action with that
perfectly cold and impersonal sto.
icism which has marked his demea-
nor throughout his inc 3rceratiou,
his conviction and his death sen,
tence. He did not talk about it OF
weep about it or become excited
about it or show resentment about
it. He did not bat an eyelash. Hes
smoked cigarette and chewed gum
and remarked that the governors
action was the will of Cod" and
that he was ready to CO."
Judge John D. HUMPHREYS, OF the
Fulton superior court, late Tuesday
corpus to DuPre.
The petition for habeas corpus was
presented to the judge by DuPres
attorney, HI. Ia. Allen, who Indicated
that he would prepare bill of excep-
tons to Judge Humphries' order de!
Ginning the writ, and would present
it Wednesday morning.
Judge Humphries' order follows
'The court will take judicial cogni.
zance of it's judgment and sentence
in the case. The defendant was con-
victed of murder in this court and
was sentenced to be executed. An
appeal was taken to the supreme
court and this judgment was af
firned. The action of the supreme
court was made the action of this
court, and therefore the issues in the
case have been finally adjudicated.
The petitioner is in legal custody,
and the court so holds on this appli-
cation"
The petition set forth that the le-
gal effect Of the recent decision OF
the state supreme court was to give
DuPre a new trial, because four Of
the six justices voted in favor of
judgment of reversal.
THE defendant is Illegally re-
strained and is about to be deprived
OF his life without due process OF
law" it is alleged.
According to the petition, DuPre
did not receive the fair and impartial
trial guaranteed him by the consti-
tuition Of the state.
A -
continued, "he is being held in the
Fulton tower by Sheriff James 7.
Lowry under an illegal Judgment and
sentence, after the supreme court
had. in fact, voted him a new trial.
The petition reviewed the entire
history of the case, reciting that
-four Of the jurors were partial"
1.-THE verdict" it is charged in
the petition, was based on precon-
'ce!ved ideas and opinion engendered
by the clamor of the public while
under the spell of undue excitement
aroused by inflanlmatory speeches
from the pulpit and by denunciatory
articles in the press"
Holy communion was administer
ed to DuPre in the dining room OF
the Jail Tuesday morning a short
time before announcement of the
governors order. The service was
conducted by the Rev. Horace r.,
Chase, rector, of st. Johns cathedral
IN College Park, assisted by Rev.
Frank Parker, assistant rector of st.
Philips cathedral.
The service was attended by Dy-
Pres father, f. A. DuPre; by his
brother, Joe DuPre, and by several
women who have been taking an &C.
tive part in the effort to save him
from the gallows.
DuPre was composed and unruf-
fled during the service. The women
sobbed quietly with their HlanGker-
chiefs over their faces. The Rev.
Mr.. Parker read the fifteenth chap
ter of St. Paul, and Rev. Mr.. Chase
read the eighteenth chapter OF ST.
Luke, after which the Lords Supper
was taken. News OF the governors
decision was momentarily expected
while the service was in progress.
Immediately after the service, whei.
the news had not yet come, DuPra
said:
81 don't know what the governor
will do, but I'm satisfied that what
ever he does will be Gods will"
Then he lighted a cigarette ana
returned to his cell with the 1ailer
A few minutes later came the
news of the governors decision. His
father and brother heard it In thz
lobby of the Jail. His father almost
collapsed, then broke into tears.
while the women tried to console
him.
Still Ray of Hope
Mrs. G. T. Ozburn, one of the most
active leaders in the communication
movement, declared there was yet
hope.
There is a way cut of this yet