Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-07-28
LEANDER MANTLE.
Gov. Porter Declines to Make ANY
Order in the "Crasy"
ConYict's Case.
An Elephant in the tennessee Hos
pital for the Insane.

pital for the Insane.
E--f $50
Governor Porter yesterday addressed q
communication TO the Superintendent of
the Tennessee HOSPITAL for the Insane, an
nUhheing his decision III the Mantle case,
which was laid before the readers Of the
UNION AND AMER1CAN, at the time it was
presented 10 the Governor. Asntlo' it will
be remembered, was convicted Of an at
tempt TO commit heniOus crime in Rob
ertsOn county and sentenced to ten years
in the Penitentiary. He appealed to the
Supreme Court, but dismissed the appeal,
and the judgment below was affirmed at
the last term. But instead Of going
to the State Prison, he landed
in the lunatic asylum by virtue
of conditional pardon, recognizing him as
a fit subject for executive clemency. The
Superintendent Of that institution failed to
find in him the symptoms Of insanity, and,
after satisfying himself perfectly that. the
subject was sane, laid the case before Gov.
Porter for instructions as to what should be
done, the papers in the case being some
what obscure in their purport.
The Governor replies to Superintendent
Calender that he has examined the records
in the case, and has reached the conclusion
that he has no authority or control over the
person of Mantle, and, therefore, declines
to make any order touching the case.
We are not aware what action DR.. Cal
lender will take in the premises. In order
that Our readers might be apprised as to
how such a queer ease arose, the reporter
who visited the Capitol yesterday, took a
copy of the records. In the Secretary of
States Office he found the following pardon:
''JOhn @. Brown, Governor of the State
of Tennessee, to all who shall see these
presents, and more especially the Warden
of the enitentiaTy-greeting:
"Whereas, at the October term, 1874, of
the Circuit Court for our county of Robert
son, Leander Mantle was convicted Of
assault with intent TO commit rape. and
sentenced to undergo confinement, for
the term Of ten Q0) years, in
the Tennessee State Prison; and
"Whereas, the said Leander Mantle has
been recommended to me as a fit subject
for executive clemency.
"NOw, therefore, l, John G. Brown, Gov
ernor as aforesaid, by virtue of the power
and authority in me vested, do hereby
pardon the said Leander Mantle of the
said OfIense, so far as it relates 10 the term
of his Imprisonment yet unexpired, but in
no other way interfering with the judgment
and sentence of said court; and do further
authorize and direct that the said Lean1er
Mantle be forthwith liberated.
"But this pardon is conditional and linn
tied, that is to say, the Attorney General
of the State, with the approval of the Su-
preme Court, having recommended that as
a substitute for Imprisonment and confne-
ment in the Tennessee State Prison, the
said party be sent to and confined in the
Hospital for the Insane.
''NOw, therefore, the Warden of the State
prison or the Sheriff of Davidson county, or
other officer in whose hands the said
Mantle may now be kept, shall deliver him
to the Superintendent OF the Hospital for
the Insane, who will receive and
keep him under proper restraint
and treatment until his entire
and perfect restoration, mentally and phys
ically, is effected; and now if the said
Mantle shall remain in the said custody, |
in the asylum as herein provided, then his |
pardon shall be and remain in full force |
and effect; but any proceeding or act to re-
lease the said prisoner, this pardon shall be |
void and Of no effect.
an testimony whereof, have hereunto |
set my hand and caused the great seal Of |
the State to be affixed al Nashville, the |
10th day Of January, 1915.
"JNo. G. BROWN.
"By the Governor:
"CHAs. y. GIBBS,
Secretary of State"
The reporter found the following order |
on the minute book of the Supreme Court:
"LeandeT Mantle VS.. the State.-In this /
cause on a former day of the present term,
he plaintiff in error, Leander Mantle, ap-
Deared by his attorney and dismissed his /
appeal, and, thereupOn, the judgment Of
he court below was affirmed, and the
prisoner sentenced TO Imprisonment at
lard labor in the penitentiary of the State
or the period of ten years.
"ThereupOn, OnthiS day, the said Leander
Mantle, by his attorney, produced in open
,Ourt the pardon Of the Governor, so far as
relates 10 the term Of his imprisonment
ret unexpired, but in no other way inter
eTing with the judgment and sentence of
aid court. But said pardon is conditional
md limited; that is to say, the Attorney
General of the State, with the approval Of
he Supreme Court, having recommended
hat, as a substitute for Imprisonment and
confinement in the Tennessee State
GisOn, the said party be sent
o and confined in the Hospital
or the Insane. Now, therefore, the War
len Of the State Prison, or the Sheriff of
Davidson county, or other officer in whose
ands the said Mantle may now be |
ept, shall deliver him to the .Superin-
endent of the Hospital for the Insane, |
Tho shall receive and keep him under
roper restraint and treatment until his |
ntIre and perfect restoration, mentally and
hysiCally, is effected; and now if the said
iantlO shall remain in the said custody,
d the asylum, rs herein provided, then his
ardOn shall be and remain in full force
nd effect, but any proceeding or act to re-
sase the said prisoner, this pardon shall
e void and Of no effect.
at is therefore ordered by the Supreme
curt of Tennessee, now sitting at Nash
lie. that the Marshal of this Court on
lis day take and deliver the said Leander '
LantlO 10 the Superintendent of the HOspi- S
j for the Insane, who will receive and '
9ep him in accordance with the terms of
le pardon, as herein set forth"
This order was entered on the same day | c
at the conditional pardon was granted Q
e 10th of January. There is no other c
cord in the Supreme Court Clerks Office G
to the case, except the order dis
issing the appeal and affirming the judg-
ent Of the court below. II was, perhaps,
Ov. Browns intention that the prisoner
Ould remain in the asylum until restored,
ID then be transferred TO the penitentiary f
serve out his sentence. Such, we be- O.
we, is the regular and legal process where
convict prisoner becomes insane.