(seq. 82)

March 4, 1955

Miriam Van Waters, Superintendent
Reformatory for Women
Framingham, Massachusetts

Re: Atwood H. White

Dear Miss Van Waters:

Since our last correspondence, I have gone over the
entire papers filed on Mr. Whites case. I have also interviewed
him at State Prison.

It appears to me that there is no possibility of
obtaining a reversal on the allegations set forth in his writ of
error, nor does it appear to me that the facts in the case support
a writ of error.

It may be that some of thes lesser charges might possi-
bly be upset, but the conviction for robbery for which he is serving
15 to 20 years would still stand. His only contention in this is
that he was not represented by counsel and the court refused to
appoint counsel.

The recent cases that have been decided by appellate
courts on this question all indicate that a prisoner must show in
what way he was harmed by not having counsel to aid and assist him
during his trial. In Mr. White'strial, on the robbery indictment
it does not appear to me that having an attorney would have cuased
the outcome to be different. The only possible assistance cousel
could have been to him would have been on the matter of sentence,
and not on the facts of the trial.

However, because of Mr. White's having suffered an
injustice from all the circumstances involved, it would seem to be a
case for executive clemency and not a subject for court action. As
this office does not represent people in matters of executive demency
I have written to the United Prison Association and requested them
to take whatever action they can on Mr. White's behalf.

Very truly yours,
George H. Lewald
Assistant Cousel
Voluntary Defenders Committee