The Birmingham age-herald., 1923-07-07
FIVE CITIZENS IF FLORENCE OPPOSE MALLOY'S RELEASE
School President And Two Ministers Included In
 Delegation
STATE CAPITAL BUREAU l
 THE AGE-HERALD tIn IuIrr

THE AUE-hEhaID ?
 Montgomery, Ala, July
 Five citizens of Florence, includ- ing a president of state normal school and pastors of two churches, Friday protested to the state board of pardons against the release on rarole of Russell Malloy, Birming- ham youth, who is serving a 25- year sentence at kilby prison on charge of committing a statutory offense at Athens Limestone county. Those who extend the protest were pr. H. J. Willingham, president o the State Normal school; pr. c. F. Holt, pastor of the Christian church of Florence; Dr. George Reed, pas tor of the First Methodist church of Florence; w. H. Mitchell, attor- ney of Florence, and II. Larimore, tax collector of 14auderdale county. They told the board of pardons il at the young woman in the case possessed a character against which no reproach could be brought and Il at Malloy received a fair trial be- fore jury in the Limestone circuit court.
 W. W. Callahan of Decatur, pros ecutinS attorney, and D. c. Almon, cir cult solicitor. also were present, while Malloy was represented by Ben Davis and J. B. Burgin of Bir- mingham.
 Claims Trial Not Fair.
 Malloy presented information in support of his petition last month, contending that he did not receive fair trial and that public opinion was inflamed against him at the time he was forced to trial. The supreme court affirmed sentence of 25 years.
 An interesting point brought out at the hearing was the bearing, If any, which cigarette smoking may have on the character of girl. Malloys counsel laid great stress on the allegation that the girl had been known to smoke and introduced q witness John Kaminsky of Mont gomery, to show this. Dr. Holt, pas tor of the Florence Christian church, when cross-eXamined on his opinion as to whether cigarettes are delete ricus to the character of feminine users thereof, stated that in past era some very good women smoked p1pes and that which he does not approve cigarette smoking by wom- en, he does not consider the habit evidence of questionable character. Says Screams Heard.
 The prosecution offered an affi- davit from J. II. Lindsay, who lived within short distance of the spot where the alleged crime was com mitted, and who swore that he heard screams on the night and at the time the crime occurred, as of a woman in distress letter was also received from the trial judge, Judge O. Kyle, who stated that at the time of the trial he had a doubt as to MalIoy's guilt, but that he had heard that the state would produce evidence that the girls screams had Lcen heard. and that if this were true, his doubt would be removed Lindsay did not testify at the trlal. Col w. w. Callahan made an ap- peal to the board not to recommend cIemency. Gov Brandon was sitting with the board at the time the lawyer tpoke. and the prosecuting attorney ir the course of his remarks, ad- dressed himself directly to the gov ernor and urged that his decision be such as to protect the woman , hood of Alabama and save the gooo name of the injured sirl. ne pes cIared that the fall of nations mas been due to failure to support the law and the judiciary, and too much concentration of their powers With the executive .4us examined. declared that he had lived next door to the family of the girl in the case for several years; that ne had never heard a word of reproach concerning her and regarded lnslhu u- ations against her character as an outrage. q voice the sentiments or the popultion of Florence when do this," he stated.
 
 pr. Willingham testified that ne came to the hearing on his own m itiative, to enter his protest aSalhst what he declared would be serious blunder if clemency were granted He stated that for the past nine months the girl said to have been Malloy's victim has been student at a training school operated Tn con nection with the Florence Normal : that she is still only a child; that she watched bV him and the faculty, and not gesture mas been observed which would reflect
 He stated that she has been re- ceiyed by her girl associates at tlof- ence as guiltless and that all nave sympathy for her.
 pr. c. E. Holt told the board that he attended the Malloy trial and that it was a fair one; that the girl III inc case with her family belongs to his church and he has known her all her life; that she is girl of eX- emplary character and of one of the best families in the. county.
 pr. Reed, the Methodist pastor of Elorence. stated that he heard every word of the evidence at the trial and that If he had been on the jury he would have been compelled as man and a citizen to bring in verdict Of guilty. f dence of a mob spirit in Athens at the time of the trial and nothing to indicate that the defendant did not have fair trial. He also testified as 10 the good chracter of the girl and that she belongs to one of the best families If you extend clemency to this man you practically say to the world that this Innocent girl was guilty" he said.
 Further evidence as to the girls good character was given by Tax Col iector Larimore of Lauderdale county.
 Solicitor Almon addressed the board for the prosecution, and was followed by Colonel Callahan. MT. Davis spoke for the defendant, and reminded the board of many persons who, he said. have been reformed through the granting of paroles.
 A large number of letters from many prominent citizens of Florence were placed in the file today strongly protesting against clemency and ex- pressing full confidence as to the purity of the girl in the case.