Miriam Van Waters Papers. Male Prisoner Correspondence, 1927-1971. Correspondence: M, 1931-1932. A-71, folder 610. Schlesinger Library, Radcliffe Institute, Harvard University, Cambridge, Mass.

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November 5, 1931

Dear Miss Binford:

This is in reply to your letter of Sunday last regarding Russell Robert McWilliams of Rockford who is sentenced to death on December 17th for murder. The crime is admitted and the boy threw himself upon the mercy of the court. Probably recent crimes in this region account for the unpredictable death sentence. I am told that it is unprecedented in Illinois, and that among two hundred and fifty-four cases U.S. reports in which the accused threw himself upon the mercy of the court only one was given a death sentence and that person was a man of forty.

Enclosed is a copy of an affidavit by the boy's father, prepared ofcourse by the lawyer so that the language is somewhat more formal than the father could use himself. All that I have been able to learn about the case makes me believe this statement. I am told that the boy's employer, Mr. Chappell of Chapell Bros., this city, earnestly believes that the death sentence should be commuted and that he is urging this view on the Governor. This as well as the statement in the affidavit would indicate that the boy was a valuable employee.

I feel sure that letters to Governor Emmerson from Chicago persons of standing and influence would be extremely helpful. As I think I wrote you the Governor will hold a hearing on the application date tentatively set for the 17th. If I learn it is earlier of course I will let you know instantly because it is plain that nothing can count unless it reaches him by the date of the hearing. Many petitions are being circulated here. But from Chicago the boy's attorney thinks as I do that letters and other personal appeals are the best method. Doubtless you can get letters from Mrs. Bowen and Henry Chandler and all the others you know better than I. Yesterday I talked with Mary Roset Smith over the telephone -- Miss Addams was out -- but we both felt sure that she would write to the Governor.

Miss Breckinridge also wrote as you did and I am sending her the same material.

The crime cannot be minimized. The boy robbed and shot a motorman. Bad liquor was probably a factor in the last brief period of his life which culminated in the murder. His youth seems the unanswerable reason for mitigat- in the sentence.

I hope you will not think I have been trying to advise you or tell you waht to do. You experience is so much richer and more recent than mine that I can only thank you for your letter with great appreciation from the attorney for the boy and others who are endeavoring to have the sentence modified. If you have any suggestions for us let me know.

Yours faithfully, (Signed) Julia C. Lathrop

Miss Jessie Binford, Juvenile Protective Association, Chicago, Illinois.

[enclosure 5 November 1931]

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Rockford, Illinois, November 4, 1931

Miss Julia Lathrop, Rockford, Illinois.

Dear Madam:-

As the father of Russell Robert McWilliams, I desire to give you by this statement a history of the life of Russell Robert McWilliams as nearly as such a history can be given by the father of a boy.

Russell Robert McWilliams was born on August 16, 1914 at Jerome, Iowa. I am his father and Maggie McWilliams is his mother. I was born in Adams County, Illinois. My wife was born in the State of Kansas. Russell Robert attended the grade schools at Jerome, Iowa and after we came to Rockford Russell Robert attended the grade schools here in Rockford, first attending the Wight School, one week at Lincoln Junior High School and then the balance of his grade school here at Rock River Consolidated School. He finished the 7th grade and was commencing the 8th grade when family conditions demanded that he be employed. When he was 13 years of age he and several other boys went into a home near where we live and took some articles of personal property out of the home and afterward when this was discovered the articles were returned and all damage paid in cash by me and the fathers of the other boys. Russell Robert went to work when he was 14 1/2 years of age at Chappell Bros. in Rockford. Illinois and he has worked steady there until the very day when the murder occurred.

The last year of his earnings amounted to an average of $20.00 per week and he brought home his pay check each week, delivered it to his mother and his mother would give him a small amount of money each week.

I never knew of Russell Robert having used intoxicating liquors until July 4, 1931. Russell Robert developed rapidly in a physical way and became approximately six feet in height during a period of some two years of rapid growth.

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-he house and willing to assist his mother in the ordinary matters of family life. We, as parents, had no knowledge that he was committing any sort of offenses against the law, and his arrest came to us as a distinct shock. In some ways, Russell Robert was of a mature makeup, and in others he was a boy of 16 or 17 years of age.

With the exception of the indicent which happened when he was 13 years old he had never given us any trouble.

We have an older son, Woodrow McWilliams, 19 years of age, who has never given us any trouble, and so far as I know, nonw of our family have ever been in any trouble before. None of us have ever been arrested or charged with crime.

We are purchasing our home on a payment plan.

I am deaf in one ear and, therefore, it has been rather difficult for me to seek and gain certain kinds of employment.

Russell Robert was always fond of pets, and at the time this matter occurred was possessed of a dog called "Mandog". This is the dog which he called for and requested that it be brought to his cell in the County Jail after his sentence.

So far as I know, this is a complete history of his life and of our family affairs.

Respectfully submitted, (Signed) ROBERT B. McWILLIAMS

Subscribed and sworn to before me, Louise M.Eastwood, a Notary Public, this 4th day of November, A.D. 1931.

(Signed) Louise M. Eastwood.

Notary Public.

State of Illinois Office of the Governor Springfield

LOUIS L. EMMERSON GOVERNOR

November 18, 1931.

Miss Miriam Van Waters, Law School Harvard University, Cambridge, Massachusetts.

My dear Miss Waters:

This will acknowledge receipt of your letter in behalf of Russell McWilliams, and I am referring it to the Parole Board for consideration.

Very truly yours,

Louis L. Emmerson Governor.

LLE/MD

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PETITION FOR COMMUTATION

TO THE HONORABLE BOARD OF PARDONS AND PAROLES OF THE STATE OF ILLINOIS, SPRINGFIELD, ILLINOIS.

We, the undersigned citizens of Winnebago County, do hereby respectully petition your Honorable Board for a hearing on the matter of commutation of the sentence of Russell Robert McWilliams from a death sentence to a life sentence or such other sentence as this Board may deem fitting and proper. The said Russell Robert McWilliams being the same Russell Robert McWilliams who has been sentenced to death by the Circuit Judge of Winnebago County, Illinois, under General No. 6539 and Term No. 109 in the Office of the Clerk of the Circuit Court of Winnebago County, Illinois, and in connection with this petition the undersigned hereinafter set forth the history of this boy and the case, to-wit:

Russell Robert McWilliams was born on August 16, 1914 at Jerome, Iowa. His father's name is Robert McWilliams and his mother's names is Maggie McWilliams. The father was born in Adams County, Illinois and the mother in the State of Kansas. Russell Robert McWilliams attended the grade school at Jerome, Iowa and later when the family moved to Rockford, Russell Robert McWilliams attended the grade schools at Rockford, first attended the Wight School and later for a short time attending the Lincoln Junior High School in Rockford and the balance of his schooling was had at Rock River Consolidated School. He finished the 7th grade and was commencing the 8th grade when family conditions demanded that he be employed. When he was 13 years of age heand several other boys broke into a home in Rockford and took certain articles of property out of that homes, and afterwards when apprehended, restitution was made and all damages paid in cash by the fathers of the boys. Russell Robert McWilliams went to work when 14 1/2 years of age at Chappel Bros., Rockford, Illinois, and worked steadily from that time until August 29, 1931, this being the day when the murder occurred. Russell Robert McWilliams was earning an average of $20.00 per week at the time of the commission of the murder, and each week brought his pay check home to his mother who in turn gave him a small amount therefrom. His record of work at Chappel Bros. was at all times statisfactory and he did not lose any time while so employed.

Under separate cover another petition is being forwarded to this Honorable Body which contains the name of all of the employees and officers of Chappel Bros. where this boy was employed, asking for commutation of this sentence from a death sentence to a life sentence.

During the 2 1/2 years that Russell Robert McWilliams worked at Chappel Bros. and up to and including July 4, 1931 he had not committed any crime and was living at home with his parents at all times. On that night, in Company with another boy from Iowa he went to a place where intoxicating liquors could be purchased and there with the other boy purchased liquor. His parents were unaware of his use of liquor until that night, and up until that time he had been in the habit of staying at home nights.