Background
James Wilson was born in Alabama in 1904.
James Wilson was born in Alabama in 1904.
As an African-American, his case became a cause célèbre due to the small amount stolen ($195) and the fact that Wilson was convicted by an all-white jury. became a source of embarrassment for the United States at the height of the Cold War, as it suggested that American promotion of democratic principles overseas was hypocritical when it did not seem to uphold the same standards in its own states. By 1957 he was an illiterate farmhand. Jimmy Wilson was arrested on 27 July 1957 for stealing $1.95 at night from a 74-year-old white widow, Estelle Barker, in Marion, Alabama.
Barker also testified that Wilson attempted to rape her, which he denied, although he was not indicted on this charge, as night time robbery carried a harsher potential sentence.
An all white jury convicted Wilson of robbery, and the judge sentenced Wilson to death by electrocution. What counted against Wilson was the fact that the robbery was violent (Wilson had choked Barker, attempted rape and threatened her life), that it took place in the victim"s home and that Wilson had previously served two prison terms for grand larceny.
Wilson admitted that he had been drinking heavily on the day of the incident, and that the robbery was premeditated. Robbery in Alabama carried the death penalty at the time, although no one had ever been sentenced to death for stealing less than $5.
In September 1958, Wilson"s two brothers hired Fred Gray as his legal representative. was appealed to the State Supreme Court, which upheld the death sentence.
In its opinion, the Court stressed that the conviction was due to the violent nature of the robbery, and that "the amount of the money.. taken is immaterial."
received international coverage, with critical articles appearing in newspapers all across the world. Protest groups were formed and petitions were sent demanding that the death sentence be overturned. The United States embassy in London received approximately 600 protest letters.
Jim Folsom, the Governor of Alabama, received over 1,000 letters per day urging clemency for Wilson.
The British Labour Party and the International Commission of Jurists likewise sent letters urging clemency. Even the Alabama-based Birmingham Post-Herald urged for clemency.
The story was used as propaganda in the Communist press The United States Secretary of State, John Foster Dulles sent a letter to Folsom notifying him of the immense international attention the case had received.
The sentence was commuted to a life sentence by Folsom on September 29, 1958, which was the most he was legally able to do to aid Wilson.
Folsom commented, "I admit that we have got the worst penal system in the world, including Dark Africa. I hope the next Legislature will do something about improving the situation."
Wilson was paroled on 1 October 1973, at the age of 70 and having served 16 years in prison. The record after his release is silent.