The Birmingham age-herald., 1923-06-23
|NA[LOY'S PAROLE |S URGED IN PLEA ID PARDON BOARD
Birmingham Citizens Appear In Behalf Of WoodlaWn
 Youth
STATE CAPITAL. BUREAU l
 THE AGE-IIESALD ! Montgomery, Ala, Juno % ]

STATE CAPITAL BUREAU
 THE AGE-IEHALD
 Montgomery, Ala. Juno 22
 Citizens of Birmingham Friday appealed to the state board of par dons for the release on parole of Russell Malloy, Woodlawn youth who was convicted of a statutory of fense in Limestone county and sem fenced to 25 years. In opposition to the petition came w. w. Callahan, Decatur attorney, who has been re- tained by citizens of Limestone and Lauderdale counties. After hearing the appeals In behalf of Malloy and receiving large number of petitions, from citizens, the board of pardons postponed further consideration un- til July 6, when those opposing clemency will submit their reasons.
 Malloy's case was noted one year ago and attracted state atten tfon. It was alleged that he and the young woman had gone to Athens for a state meeting of a religious organization and that the offense was committed during the meeting. The young woman resided in Lau- derdale county. and citizens of that county have notified the board of pardons that they propose to resist to the end Malloy's appeal for re- lease.
 J. B. Burgin and W. E. Gibson, attorneys of Birmingham, submitted Malloyss case. They contended that their client was not guilty of the of- fense and that while he may have been guilty Of an indiscretion he did not commit the crime. They insisted that Maloy was forced to trial with in few days after the girl told her story and at time when the public mind was infiamed against him.
 Malloy was pictured as "stran- ger in a strange land" and without friends among the influential, who could have saved local man from the long prison term. |.
 w. E. Norris, Methodist minister, who is former pastor of the Wood lawn church, told the board that Malloy had taken an interest in the as he knew, this offense is the only one ever charged to him.
 NIalloy has been in Kilby prison several weeks. his conviction having been affirmed by the supreme court. Sheriff T. J. Shirley of Jefferson county has been among those active in behalf of Malloy and contends that he should not have been convicted.
 Ministers. lawyers, a doctor. the sheriff of Jefferson county and sew eraI women of Birmingham were among those who appeared in behalf of Mailoy.
 Solicitor Is COntrndicted.
 Mrs. R. l.. Newsome of Birming- lam in testifying for Malloy sharply statement made by Solicitor Dave Almon of Limestone circuit in letter to the pardon she had seen Solicitor Almon since the trial and that he had declared to her that Malloy was no more guilty than his own son, and that both Malloy and the girl in the case should have been given good switching. On the other hand. Solic- itor Almon's letter to the board. un- der date of June 20, stated: T am as thoroughly convinced that this man is guilty as I am of any man I ever tried, and l am thoroughly disgusted with the performances in Birmingham in reference to this con- viet."
 The various persons appearing on behalf of Malloy stated that they did not belong to any prison reform league, but came out of individual interest in the case.
 J. B. Burgin, Birmingham lawyer, who opened the hearing before the board, said that Malloy may have that he has suffered year already. and wants chance to "go and sin no more." MT. Burgin stated that % deputies were used to protect Malloy before his trial when the nor nal force of Limestone county is three deputies. and that he was tried by drug store gossip and in the before the case went to the jury. He stressed the point that a special term of court was called and Malloy allowed only a week to prepare his case, when by three weeks delay he could have been tried at-a regular term of court.
 Attorney Is Facetious.
 White Gibson, a second lawyer Of Malloys, grew facetious in present. ing the case. He suggested that any which the girl might have offered to Malloy's kisses was nomi nal and quoted verses to the effect that stolen kisses are sweeter than any other kind.
 The counsel for the convict mem tioned that the chauffeur, Kenna- mer, was, according to the testimony. close at hand and could have offered aid if the girl had screamed. They also offered the evidence of Dr. J. N. Killough of Woodlawn, who sought to show from a scientific standpoint that the crime was not consum- mated.
 Two former pastors of the Wood lawn Methodist church, of which Malloy was a member, testified as to his good character. One of the min isters, Dr. w. E. Morris, testified that Malloy was a regular attendant at Sunday school and taught class and was also active in the Epworth league. He stated that Malloy is thoroughly penitent and expressed the belief that the board had before it an opportunity to help him make of h I1t- tified that when attending the Athens trial as witness for Malloy he was warned by friends to be careful of what he said and not to sit near the defendant at the trial as there was likely to be gun play. MT. Callahan, the prosecuting attorney, asked the minister if he was not disappointed as to Malloy's character when he heard the young mans ad missions on the stand, and replied that he was certainly disappointed. Good Boy. Says Pastor.
 Dr. Robert Echols, who was also at one time Malloy's pastor at Wood lawn, testified that he was a good boy, and has brother, Sidney Nal Joy. who is studying for the min istry. Prof. J. A. Malone. principal of the Simpson school. which Malloy at- tended, testified as to his good char acter.
 w. P. Hickman, a student of Simp- son school. in testifying to Malloys good character, stated that he served with Malloy on the football team of Simpson and that on one occasion when part of the team got drunk Malloy stayed sober.
 Another fellow student and foot ban player. R. s. Jackson, testified as to Malloy's good character.
 Sheriff T. J. Shirley of Birming