Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-12-20
GOVERNOR DENIES
APPEALS To SAVE
BOYS FROM ROPE:
Last Hope Gone, BIoodworth
and Jones Must Hang
on January 9


the murder of Howard Underwood
a travelling salesman, whom they
waylaid and shot on the night qf De
cember 5, 1928.
Governor Clifford Walker Thurs
day declined to commute their sen
fences to life Imprisonment, denying
their application for clemency which
, was heard and adversely reported
Wednesday by the state, pEison COM
mission. The governor heard the
appeal within a few hours after the
prison commission had passed on
the case.
Governor Walker gave out a pub,
lie statement commenting on the
: case and his action, declaring that
public sentiment must be aroused
for the enforcement of law in Geor-
2ia, and that maudlin sentiment is
too often allowed to work irrepara-
bic injury to society.
The fact that both young men had
limited advantages i'll life, that they
were almost illiterate, is a circum-
stance highly regrettabIe, the gov
ernor asserted, but they possessed
i sufficient mentality to distinguish
: right from wrong and knew the
and committed
Governors Statement
Governor Walkers decision and
statement follow:
Appeals for clemency is made on
account of the youth of the appli-
cants. These young men were old
!, enough to plan with great delibera-
ton the highway robbery-which in
some jurisdictions is punished by
death-and the murder of an old,
lnoffensive and most worthy neigh
Dor. This plan they carried out in
detail under circumstances as afro
cious as the human mind can con
ceive.
Jones has been married about
three years. BloodWorth is admit
). tedly older than Jones. 1t is also
admitted that they are mentally
tully capable of realizing the dis
,inction between right and wrong.
sympathy is asked and is ac-
.orded to these young men because
heir chances in life were limited.
ihe appeal in this unfortunate case
raises the question: Has society
ione it's part by the criminal class?
! .hre the poor and unfortunate in fac
law on the statute books which
ermIts the bonding Of all the prop
erty of a militia district FOR the cree
ion of modern up-to-Gate consoi-
lated school which will give to the
children of such militia district am
ole opportunities for an education.
are the people of that militia dis
! trict who fail to provide such op-
portunities partly responsible for
crime on the part of the uneducated
and the ignorant?' With a law on
the statute books requiring the at
tendance of every child III school IS
the officer charged with the en-.
forcement of this compulsory at
tendance law who fails to do his
duty, a party to such crime? AL
though not involved in this particu-
lar case, Intoxicating liquors are the
cause of a vast majority of the
crimes committed. Is it true that the
man who makes and sells these in
toxicating liquors Illegally, the man
who encourages this illicit and lille
gal traffic by patronizing these
criminals, and the court officials
and enforcement officers who wink
thereat particeps criminis in such
crime?
Says Trial Was Fair
Certainly, at this time when. fol
lowing the World war. an unprece
denied wave of crime is gripping the
entire nation, these and other similar
questions challenge the thought anC
demand the active efforts and in
fluence upon public sentiment of eV
cry law abiding and patriotic either
OF the land. Whatever may be the
proper answers a jury of their neigh
bors, after II fair trial amid as little
excite ment as was possible in view OF
the character of the crime itself, re
turned a verdict of guilty against
these applicants and has seen fit tt
impose the sentence fixed by law
viz, DEATH refusing to grant the
clemency of service in the peniten
tiary for life, which the law permits
The trial judge has approved this
judgment. The supreme court on re
viewing the entire case has said
$50 far as the general ground:
OF the motion for new trial are con
eerneJ. it is sufficient to say tina
the evidence, as set out in the fore
going statement of facts, shows Thu
TO have been a case of murder with
out excuse. Justification or mitiSa
ton. An old man, plying his usua
vocation of selling patent medicines
>out of the goodness of his heart hat
let the defendants ride with him il
his automobile, the one beside him
and the other il the rear on tn
running board of the car. Withou
warning to the deceased, one of tn
defendants gave a sign or signal t
the other. who shot the decease,
with II shotgun from the rear. caus
ing his instant death. Under theS
circumstances the jury were full.
"a
guilty of murder, without recon-
mendation. 1t is true they coul
have recommended mercy had the,
seen fit to do so. but they did not
With the question of whether capita
punishment Is ever right (as suggest
ed by one of counsels we have uothin
TO do. 1t is the law of the lauC
which declares that
The punishment for persons cor
victed of murder shall be death bll
! may be confinement in the peniter
tiary t..r life, if the jury trying tn
case shall so recommend, etc. Peua
Code No. 63.
Law Followed in Decision
The jury tryinS this ease did no
recommend the defendants 10 mercy
and the evidence being sufficient {
authorize the verdict we are power
less TO interfere. One of the purpose
of utterly disregard it and take TN
lives oil their fellow men, without e>
cuse or Justification, cannot juStl
complain if their lives are demand
ed in order to protect the innoceu
and defenSeless. Society cannot b
protected except by the Observance
and enforcement of the law. An
while We as individuals may Sympa
thi2e with the unfortunate youn
men sentenced TO death in this case