Evening star., 1947-01-19
Case of Willie Francis
Poses Issue of Justice
Life Sentence Held Adequate
For Once-Electrocuted Youth
By John II. Cline

For Once-Electrocuted Youth
By John II. Cline.
The record in the strange case OF
Willie Francis, 17-year-old Louisiana
Negro, does not make pleasant reading.
On the third of last May he was
executed by the State authorities for
a murder which he had committed at
the age of Is in the course of holdup.
But because of some defect in the States
electric chair, Willie Francis was not
killed and the question now is whether
he should be sent back to the electric
chair for a second execution"
A reluctant Supreme Court, dividing
5-to-4, has decided that, under the cir
cumstances of this case, a subsequent
electrocution would not be such 'cruel
and unusual punishment" as to violate
the due-process charge of the 14th
amendment to the Federal Constitution.
In the Unconditional words of four Of
the five majority justices, "the fact that
petitioner has already been subjected to
a current of electricity does not make
his subsequent execution any more cruel
in the constitutional sense than any
other execution" The fifth member of
the majority. Mr.. Justice Frankfurter.
was troubled by strong personal feel
ing of revulsion against a States in
sistence on its pound of flesh" But he,
too, agreed that second attempt to
electrocute Willie Francis would not be
such cruel and unusual punishment
as to justify the court in invoking the
14th amendment against the execution.
Thus, the law of the case is settled.
A majority of the highest court in the
land has held that the State Of Louisi-
ana, if it insists upon doing so. can law
fully put Willie Francis to death. But
the minority opinion, written by the
freshman member of the court, Mr..
Justice Burton, raises some disturbing
points.
Conceding that the failure OF the
first attempt was unintentional, he
nevertheless asks: How many deliberate
and intentional reapplications of electric
current does it take to produce a cruel.
unusual and unconstitutional punish
ment?" And without referring directly
to the language of the majority decision,
Justice Burton put upon the record some
testimony which shows that the electro
cution of Willie Francis now would be
very cruel affair, regardless of whether,
in "the constitutional sense" it would
be more or less cruel than ANY other
execution"
This testimony comes from the official
witnesses who were present on May
when Francis was strapped in the chair
and the hood placed over his eyes.
Official Witness Harold Resweber gave
this description of the scene: "Tfen
the electrocutioner turned on the switch
and when he did Willie Francis lips
puffed out and he groaned and jumped
so that the chair came off the floor.
Apparently the switch was turned on
twice and then the condemned man
yelled: Take it off. Let me breathe"
Ignace Doucet was another witness.
This is his statement: Il saw the elec-
trocutioner turn on the switch and I
swell, his body tensed and stretched.
heard the one in charge yell to the
man outside for more juice when he
saw that Willie Francis was not dying,
and the one outside yelled back that
he was giving him all he had. Then
Willie Francis cried out Take It off
Let me breathe Then they took the
hi ND i've -
This boy really got shock when they
turned that machine on"
This is the record and the fact OF what
happened to Willie Francis on the after
noon of May 3, 1916. To most men 1t
will seem to have been a cruel and un-
usual affair but there is nothing to be
gained by arguing the question Of
whether that experience, taken together
with subsequent execution, would cut
through any of the safeguards which
the Constitution has thrown around &C
cused persons. The court has disposed
of that question and Willie Francis
seems prepared for the ordeal because
he has told the Associated Press: II
got to start worrying again and, boss,
I thought I'd get out Of it. But guess
a mans got to die some time. And
reckon my time has plumb done come"
Yet there must be good many people
in and out Of Louisiana whose minds
are not easy about this matter, who
would prefer that the State should not
insist upon "its pound Of flesh" Gov.
Davis has the authority to commute
Francis sentence to life imprisonment.
And it is extremely hard to believe, in
the case of a murder committed by Q
15-year-old boy, that the ends of justice
would not be adequately served by a
punishment consisting Of an attempted
execution, followed by life imprison-
ment.
opening the package it was found, In