(seq. 7)

(Copy)

December 7, 1931.

His Excellency, Louis L. Emmerson,
Governor of the State of Illinois,
Springfield, Illinois.

My dear Governor Emmerson:

Prior to the meeting of the Board
of Pardons, I wrote to you concerning the case of Russell
McWilliams, the seventeen-year-old boy condemned to die
December 11th. Since the Board has denied the plea for
commutation of sentence, I appeal to your Excellency to grant
a thirty-day stay of execution.

The argument on which this appeal
is based doubt whether due process of law has been
observed. I interviewed this boy December 5th in the State
penitentiary. If you yourself could see him, if he could
come before the Board of Pardons in person, I feel confident
that evidence would appear tending to mitigate the penalty.

I myself as Referee of the Juvenile
Court of Los Angeles have dealt with several child offenders
charged with murder. I have never encountered a child less
hardened, less sophisticated, than Russell. When I wrote to
you before I had not seen this boy and my information was
second-hand. My plea was based solely on the general
principle of the need of distinction in legal responsibility
between minors and adults. I am convinced now that there are
specific legal and social points which should be presented be-
fore the State of Illinois incurs the responsibility of
putting a child to death.

Recent criticism of the administra-
tion of criminal law has led public opinion to sanction the
trial without jury as tending toward speedy, passionless
justice. The Legislature has permitted a plea of guilt in
certain cases and hearing before the Judge, and it is assumed
that the discretion of the Court will safeguard the legal
rights of the defendant. In order to save expense and delay
the public has gradually accepted even the trial of capital cases
without jury. The success of this plan is dependent
upon the utmost caution and moderation in the exercise of this
undprecedented power. Our entire system of criminal justice will
collapse if the idea gets abroad that it is administered with
haste or ferocity.

Permit me to review the facts briefly
concerning Russell McWilliams. A country boy from a poor,
decent home goes to work at the age of fourteen. He works