(seq. 6)

-2-

Acting under the influences of liquor, Russell Robert
McWilliams engaged in a holdup and between the dates of July 4, 1931
and August 29, 1931 he committed acts of similar character. On
each of these occasions and before the acts were committed, he had
consumed a considerable quantity of intoxicating liquor. He became
seventeen years of age thirteen days before August 29, 1931 and had
grown large physically but was either average or below average in men-
tal capacity.

On the day of August 29, 1931 he worked until noon at his
given appointment at Chappel Bros. and on the night of that day entered
a street car on School St. in Rockford, Illinois, held up the motorman
and passengers. Before doing this he had drunk a considerable amount
of liquor and so far as the records show or facts are able to be
obtained he was alone. Hehad an automatic pistol and after having
obtained the money from the motorman and just as he was getting out of
the street car the motorman struck at him and as he struck at him the
pistol was fired and the motorman killed.

The undersigned respectfully submit that while the use
of intoxicating liquor is not in itself a defense to the crime
committed under the laws of the State of Illinois, it should be
given consideration by this Honorable Board by way of mitigation.
The other matter, to-wit, the age of the boy, he being barely
seventeen years of age, is urged by the undersigned as grounds for
this Board to consider the commutation of this sentence, believing
that to execute a boy of seventeen years of age would be not in keep-
ing with the spirit of juvenile law and would not be productive of any
good to society, but on the contrary, would be almost destructive of
the efforts which have been heretofore made by the people of the State
of Illinois and by the United States generally in the protection of
the rights of juvenile under eighteen years of age.

The undersigned believe further that such action by way
of execution of this boy would discourage others charged with murder
from pleading guilty and throwing themselves upon the mercy of the trial court.

The undersigned attach hereto copy of Notices served upon
the Presiding Judge, Arthur E. Fisher, William D. Knight, State's attor-
ney of Winnebago, County, Illinois and Max Weston, complaining witness,
and under separate cover send to this Board other petitions not formal
in their character, which indicate something of the opinion of those
signers as to be proper procedure in this matter.