Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-08-26

stated that the first criminal act
was the theft Of $40 and a watch
from his cousin, who took him to his
hotel room for the night, forty-seven
days before the events which trans.
PRED on December Is. DuPre stated
that he took the money and the
watch from his cousin because he
was out Of work, could find no EN-.
! ployment and was out of money.
"He admitted that after spending
this $40,> stolen from his cousin, he
went into the Davis & Freeman jew.
elry store and stole diamond ring.
But he denied and still denies the
theft of the diamond from the
Strange jewelry store on Forsyth
street, for which he was indicted
after his trouble in the present case
''DuPre was not obliged to, make
these admissions There was no law
compelling him to make them. He
made. them voluntarily and freely
and L submit to your excellency that
the preponderance Of evidence shows
him to have been a young man with
only a very recent criminal career.
Nov as to the young mans men
tality, the solicitor has told you that
this young lady gave him no test
except educational tests. The fact
Of the matter is that this lady is an
expert psychologist, and is in charge
of the mental tests in the Atlanta
public schools. She gave DuPre the
same tests that are given children
in the schools. If they are good tests
for our school children, certainly
they are not bad tests for our crimi-
nails. These tests showed DuPre to
be little over eleven years in his
mental development.
Gave Army Tests
"But these were not the only tests.
She gave him also the test used in
the army, and that test showed
him to be about eleven years old.
Nov we do not contend, your
| excellency, that DuPre is insane,
; within the, definition of insanity, but
we do contend that he is mentally
deficient.
1.-The next point I ask your excel
! lency to consider is that clemency
is not bestowed as an act of right,
| but as an act Of grace. The consti-
tuition Of the state gives your ex-
| cellency as governor a power that is
comparable only to the divine power,
and we ask you in this case not ex-
! ercise that power for this boy, be-
cause of anything he has done to
merit your grace, but in spite of the
things he has done which were
wrong and sinful.
LAS to the argument Of the So
1icitor that the safety of society
/ would be jeopardized if you com
| muted this sentence, I can see ne
merit in such a contention. We have
presened to you a petition signed by
! $4,000 members of society who tel
! you they would not be endangered
f; if you spare this boy from the gal
lows and send him to the peniten
| tiary for life. wish to say that
would not ask for anything less thar
q life sentence.
Society, your excellency, has nc
right to demand the life of this boy
He will not go 'unwhipped of JUS
tice,' as my friend Boykin argued
! if you commute his sentence. DEATH
is net the molly penalty Of the law
bfor the taking of human lives. I'm
prisOnment for life is as much 6
penalty and in a case Of this kind
we contend that it is as adequate &
penalty as death.
Society, I submit was responsi
BILE IN a measure for the conditions
that drove this boy to criminal acts.
Governor Hardwick asked Attor
ney Allen to go into particulars
along this line.
Society" replied the attorney, ISIS
| responsible for conditions that pro
duce conditions we hear spoken Of
as a crime wave.'"
"Do you think" asked the cover
nor, chat society produces crime
waves or that criminals produce
| them?"
| Blames Society
! "What I mean to say is this" re
| piled Mr.. Allen. THAT society al
| lows a condition of unemployment
to exist, and that unemployment pro
| duces crime, and that society to tn
extent of it's Indifference to unem
ployment is responsible for h
crimes growing out of unemploy
ment. This boy-I ask your exec
lency to picture hin-Was employee
at a finn exchange and they laid hin
off because they had no work TO
him to do. From place to place. h
wake dthe streets in search Of work
Everywhere and at every place, tn
answer was the same-no work. Hi
money was gone. He had no food
He had no lodging. He had not eve,
a change of clothing. His fathe
also was out of work and could no
provide for him.
ct do not say that this boy ough
to have yielded to the temptation t
steal, but I do say that he had n
greater strength than the strengt
which God gave him, and I do sa
that God in the mysterious wisdor
gave him less strength of mind an
character than he needed to over
come the circumstances surroundin
him.
AS Attorney Allen closed, Mrs
John E. Clover, of East Lake, on
of the active workers, requested
Governor Hardwick to allow her t.
say fe wwords. The governor re
minded her of the agreement at tn
outset by opposing counsel that tn
time for argument should be appor
toned among the speakers chosel
by them, and he begged her to ex
cuse him from going further int,
the case.
), Former YOUNGSTOWN