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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[left] able by death. In this country one jurisdiction may provide no other punishment than death for murder. Another jurisdiction may not permit the death penalty at all. In one State the penalty is by hanging; in another by electrocution. In Illinois both methods have been employed, but when the penalty is not fixed at death it ranges from imprisonment for the full length of the defendant's life to as little as fourteen years.

The pertinent question in this case is whether or not the sentence of death imposed by the court was entered after a substantial compliance with the spirit of the law. The defendant pleaded guilty and asked for a hearing on the question of the extent of his punishment. He therefore waived nothing, and was entitled, as a matter of right, to a hearing of such character and understanding as befitted the situation in which he was placed. He was but seventeen years of age, and while the law made him as fully answerable for his crime as though he were an adult of seasoned preception and experience, nevertheless the fact of infancy has always made persons of his age the objects of tender consideration and mercy when penalties are to be imposed.

The proceedings to determine the penalty which this defendant should pay for his crime are criticized. Witnesses were produced by the State who disclosed every detail immediately connected with the robbery, the killing and the circumstances of his flight. It was shown that when he was fifteen years of age he and another boy broke into a house and stole some guns and other articles. It was shown that he had once been charged with stealing an ice-cream disher but was released without trial. After his arrest on the charge of murder several indictment for other offenses were

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[left] returned against him, to each of which he entered a plea of guilty. The indictments and the pleas were not offered in evidence, but the Court announced that it would take judicial notice of such indictments and pleas because they were part of the proceedings of the present term of that Court. Whether the indictments related to offenses committed on the night of the killing we do not know, but under the authorities all of these things could properly be shown in aggravation of the offense for which the defendant was about to be sentenced. It is clear that everything thus disclosed tended only to show aggravation and to justify a severe penalty.

For the purpose of showing mitigation or extension of his crime the defendant took the witness stand and his counsel stated to the Court: "The defendant is in the chair, and we now offer to the Court or the State's attorney the privilege of asking him any questions that they may desire in order to throw any further light that might be necessary for the purpose of this particular case and hearing." The Court responded, "I do not think the Court care to ask any questions." Thereupon counsel for the people began an interrogation about the housebreaking and also about the stealing of the ice-cream disher above referred to. Not one questions was asked the defendant concerning the murder charge. During the hearing the State's attorney placed upon the table, in the presence of the Court, a number of guns. There was no effort made to identify them as having played a part in the tragedy or as having been associated with any of the other alleged crimes of the defendant. His counsel objected to the display, and the objection was sustained by the Court with the remark that "the Court can assure counsel that there is no harm done by it." It is apparent that no good could come from such a display of dangerous

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[left] weapons. It was calculated to prejudice the rights of the defendant and must have been made for that purpose.

The defendant had been steadily employed for almost two years at a wage of $20.00 a week. He had turned over his pay checks to his mother to be used toward the family expenses, but when it was sought to develope this matter by showing how the money was used the Court sustained an objection to the questions. The boy's habits with reference to industry and frugality, his domestic relations and his sense of obligation to his parents were of vital importance to him at so critical a time, and it was error for the Court to deny or abridge his right to show what they were. The record is silent concerning an investigation of the essential matters of inquiry mentioned in the Popescue case. Questions relating to where he was born, how he was reared, what were the family conditions, how he had been occupied and what influences for good or evil had surrounded him were not referred to. It is true that as to some of these things he made no offer of proof. In this respect he was delinquent, but in a matter of such importance to a defendant so young and of such serious moment to our social organization, humane principles demand that the inquiry shall be so conducted that the Court may be put in possession of sufficient facts to enable it to exercise a sound and understanding discretion concerning the degree of punishment to be inflicted.

The conduct of the inquiry did not answer the mandate of the statute, and for that reason the judgement, as far as it inflicts death penalty upon the defendant, is reversed and the cause is remanded, with directions to the Court to re-open the hearing and conduct it in conformity with the views here expressed. Reversed and remanded with directions.

[top left] Name Miss Miriam Van Waters

Street & Number 7 Riedesel ave.

City Cambridge State Mass.

[hand-written note] Return

[top right] Box 1112

Joliet, Illinois

March 8 1932

[stamp] CENSORED

[left] My Dear Miss Van Waters

Well this happens to be Tuesday night so just thought I would drop you a line I really hope it dose'nt take up too much of your time, for I know you for a very busy little lady.

And just in case my auther letter did not arrive I send this one. There is not news so far, the court will agree on sompthing in april, in the mengtime I set here thinking of what a awful mistake I made and imagining my self someplace elsewhere, don't you really think it is just as easy to build "air castles" as it is to tumble them down? I sure do, if all I did was tear down I would be very gloomy, like when I saw you When I could only think, "Russell it is too bad but no hope is left for you." Of course you will understand only a few people know that I gave up hope least of all the reporters, I said to them

when news came the parole board refused clemency, "it sure looks bad for me now but Ill still hope," The mystery in my behavior on recieving sentence is in my age, you see I was 17 last august 16th, I didn't hardly know the meaning, I had a lot of trust in the petitions for clemency, but refused, but then hats off the Queen came, please excuse my [neglect] but my hair was clipped, I look better with a cap on, than no hair

does your state use corporal punishment?

I don't suppose so but I dont know

it makes no difference its none of my business

Well I hope you are in the best of health and remain so always

You have a fine position that is one of them, [I] suppose you have half a dozen

The big boss P.M. chappel in cappels plant in Rockford says my job is still waiting, he has helped me some by talking to Gov. Emmerson But if the blessed Lord had'nt sent you I hate to think of it, you are sent from heaven. Well I must close, always in prayer and no news is good news

[bottom right] as ever and always

Your

Russell

[bottom left] Russel McWilliams

5661

[bottom center] PS. Frank Bell is dead

God bless him.