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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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 mental 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 keeping 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 attorney 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.

(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 before the State of Illinois incurs the responsibility of putting a child to death.

Recent criticism of the administration 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

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steadily as a baker for nearly three years. He lives at home. All his wages are given to his mother. His recreation is fishing, hunting, playing with his dog. He is a member of no gang. He has no criminal associates, no wild social habits. In July of this year he meets an older companion, starts drinking bad liquor, engages in hold-ups, shoots and kills a motorman.

His father engages an attorney who advises the boy to plead guilty and throw himself on the mercy of the Court. The boy expects punishment. He makes no effort to beat the law. He is utterly ignorant of sharp practice. He is prepared to face life imprisonment. This has been held out definitely to him as a promise, presumably with the knowledge of the Prosecuting Attorney.

The question now arises, should a minor be permitted to make a plea of guilty until a guardian ad litem has been appointed by the Court? A youth can not sign a cicil contract. We have here a boy who is permitted to bargain away his life. The responsibility for killing him does not rest upon a jury, experienced in estimating criminals and evaluating motives. No psychiatrist has been consulted. Responsibility rests only upon two attorneys and a Judge.

The practise of doing away with juries in capital cases doubtless saves the State much money in time. Safe-guarded, with proper respect for due process of law, it is an admirable device for securing prompt justice. In this case, however, the result is calculated to bring the system into infamy and to drive many offenders to desperation.

The irony of the situation is apparent at a moment's reflection. Scores of professional killers are in our State prisons. Hundreds walk the streets uncaught. A child under the influence of liquor commits murder and is to be put to death as a kind of human sacrifice, a defenseless boy upon whom a scared community can reek vengeance.

I appeal, therefore, to your Excellency to grant a stay of execution of sentence in order that a proper legal review of the evidence may be presented.

Respectfully yours,

(Signed) Miriam Van Waters Consultant, Harvard Law School Criminal Survey.

(Copy)

[top left] Russell McWilliams

1900 Collins Street

Joliet Illinois

5661

[top center] Please return

[Top right]

Dr. Miriam Van Waters 1 Riedesel avenue Cambridge Mass

[stamp] CENSORED

Wednesday Dec 23-31 Night

[left]

Dear Friend

Here it is the 23 of Dec. and I haven't thanked you for what you done for me and what you are doing.

If it hadn't been for you, I wouldn't be here to enjoy my Christmas dinner.

When you came to see me I just thought you were some lady that felt sory for me, and wanted to find out how I felt about it.

When you said, if there is anything I can do, why let me know. How I wished I could have said sompthing and told you sompthing you could do to help me a bit. But I couldn't see anyway over the fence. I thought we had done all we could do. And besides we didn't have any money to do any thing with

The truth is that I didn't expect any 30 day stay, Mother and I were arranging things for my funeral it was a terrible thing to talk about, but just in case I did die I wanted to know.

Without a doubt the good lord sent you

and to think all I can do is thank you. You dont know how grateful I am. I cant possibly express my feelings, But I think you will understand. I see in the paper you have two or three friends that are helping me also. God bless all of you

Without a doubt the lord has got your name on the big book. You are much too good to be left out

I haven't much to say because I dont know anything, in fact it [dosent] pay to know any thing in my place. All I know is that the good lord loves all of us sinners I think there are too many prayers behinde us to fail, people from all parts of the country say they are all praying that my sentence be changed My preachers wife prayed all night long once for me and finaly got up and said 'its all right now A lot of people have said that and for me to stop worrying. I can't help but think of it, I suppose if I was in their place I would say the same thing stop worrying.

I will never forget what you have done for me

I know you will do all you can

Anyway you have my humble [?}, and I am depending on God's holy power and spirit through you, dont forget that a boy behind the grey walls, and [?] is praying, waiting, and depending on you

Merry Christmas and good Luck

Yours always Russell McWilliams