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aeehas Lewis Ez*Lawés of Sing Sing andWarden Clinton P. Duffy of San Quentin have said that people who have either money or prestige are seldom convicted of a capital crime, and even more seldom are executed, Brown said that in California during a 15-year period from 1938 to 1953, there were 110 executions of which 30 per cent were Mexicans and Negroes, He said this was more than double the percentage these two groups represented in the state population. COMMENT: An article by John R. Mulligan entitled "The Poor Man*s Penalty," which appeared in the 5-15-60 issue of "The American Weekly," quoted Warden Lawes substantially along the lines that Brown indicates above. No comment by Warden Duffy on this topic could be located in Bufiles. (It is noted that Duffy's middle initial is "T,"' not "P"' as set forth in the article. ) Brown's figure of 110 executions in California from 1938-53, is incorrect. . According to the "National Prisoner Statistics" issued by the Federal Bureau of Prisons in February, 1960, there were 117 civil executions in California during the 15-year period from 1938 to 1953. The Bureau is not in possession of, any figures which would indicate the percentage of Negroes and Mexicans who were executed in California from 1938-53, It is noted, however, that Federal Bureau of Prisons figures for the period from 1930 to 1959, reflect that a total of 262 persons were executed in California, of whom 199 were white, 45 were Negro and 18 were “other."' This means that the racial minority of Negroes and "others" totaled 24 per cent of the persons executed in California during this period. STATEMENT: . Women commit one out of every seven murders, yet only about _ one woman per year is executed," COMMENT: Latest Bureau figures (1958) reflect that one out of every five . persons arrested for murder is a woman, In the past 30 years, a total of 29 women have been executed in the Nation--an average of almost one per year. STATEMENT: Commenting on the element of human error in connection with capital punishment, Brown noted that despite the relatively small number of | people who are actually executed--a yearly average of 48 out of 7,000 brought to -4-