Jackson advocate., 1943-12-11

"I dor Max said. II hesitate to
interrupt the States Attorney, but
the impression he is trying to make
is that I claim that this boy is
insane. That is not true. Your
Honor, let me state once again
that this poor boy, Bigger, enters
plea of guilty -"
81 obiect!' Buckley shouted. 81
object to the counsel for the de-
fendant speaking of this defendant
before this Court by any name
other than that written in the
/ indictment. Such names as Bigger
and this poor boy are used to
arouse sympathy. 80"
Sustained" the judge said. I'm
the future, the defendant should be
designated by the name under
which the indictment was drawn.
Mr.. Max, I think you should allow
the States Attorney to continue"
There's nothing further I have
to say, Your Honor Buckley said.
eff it pleases the Court, am ready
to call my witnesses
How many witnesses have you?"
Max asked.
Sixty Buckley said.
Your Honor" Max said. Bigger
Thomas has entered plea of
guilty. 1t seems to me that sixty
witnesses are not needed"
II intend to prove that this
defendant is sane, that he was and
is responsible for these frightful
Crimes Buckley said.
1.-The Court will hear them," the
judge said.
Your Honor" Max said" "Let
me clear this thing up. AS you
know, the time granted me to pre-
pare a defense for Bigger Thomas
is pitifully brief, so brief as to
be without example. This hearing
was rushed to the top of the calen-
dar SO that this boy might be tried
while the temper of tn epeople is
white-hot.
"a change of venue is of no value
now. The same condition of hysteria
exists all over this state. These
circumstances have placed me in
a position of not doing what I
must If anybody but Negro boy
were charged with murder, the
States Attorney would not have
rushed this case to trial and de-
manded the death penalty.
''The State has sought to create
the impression that I am going
to say that this boy is insane. That
is not true I shall put no witnesses
upon the stand I shall witness for
Bigger Thomas. shall present
argument to show that his extreme
youth, his mental and emotional
life, and the reason why he has
pleaded guilty, should and must
mitigate his punishment.
1.-THE States Attorney has sought
to create the belief that I'm trying
to spring some surprise upon this
Court by having my client enter
plea of guilty; he has sought to
foster the notion that some legal
trick is involved in the offering of
evidence to mitigate this boys
punishment. But we have had
many, many such cases to come
before the courts of Illinois. The
Loeb ad Leopold case, for example.
This is a regular procedure provid-
ed for by the enlightened and pro-
gressive laws of out state. Shall
we deny this boy, because he is
poor and black, the same protec-
ton, the same chance to be heard
and understood that we have so
readily granted to others?
Your Honor, I am not coward,
but I could not ask that this boy
be freed and given a chance at life
while that mob howls beyond that
window I ask what I must. I ask,
over the shrill cries of the mob,
that you spare his life!
"The law of Illinois, regarding a
plea of guilty to murder before a
court, is as follows: the Court may
impose the death penalty, imprison
the defendant for life, or for a
term of not less than fourteen
years. Under this law the Court is
able to hear evidence as to the
aggravation or mitigation of the
offense. The object Of this law is