The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1895-08-19
TINE GRANTED BOTH.
cor. ATKINSON RESpITES MRS. NO
BLES AND Gus FAMILIES.
The Attorneys Confident That They VIII be
Able to save MIS-. NOTES.-The Friends
of Gus Families Are Hard at Work.
Mrs. Mobiles did not hang on Friday.

Mrs. Mobiles did not hang on Friday.
The new lease of life which she obtains
is given her by the governor of Georgia.
and although no lawyers appeared in his
behalf, a similar stay was granted 10 Gus
Families. her black partner in crime.
The governors orders give them a respite
until noon Of Friday, October 18th; ana
as explained in those orders, this is done
to give them opportunity to present to
the court their extraordinary motion for a
new trial
1t is a purely legal step. The governor
was not asked to go into the merits of the
case of Mrs. Mobiles at all The attorneys
who appeared for her simply asked that
they be given an opportunity TO be heard IN
court in her behalf, which. as they show
ed was impossible without the interven-
ton of the states chief executive. a clear
statement of the condition of the case was
made To him, and II was clearly shown
that their desire to secure Il hearing for tins
motion was a bona fde one, based on what
the attorneys considered excellent grounds.
The effect of the governors decision IS 10
give them this opportunity to get into court
for their client and to give the same OPP
portunity to the negro man who was con-
victed with her.
Twiggs superior court convenes the sec
ond Monday i'm October. which is the 18th
The respite is until Friday of that week.
The Papers In the Case.
There were four papers presented by Mr..
Harris to Judge Smith at Billiards. The
first was an extraordinary motion for
new trial, and it contained number OF
grounds; the first. second and third were
what IS known as the formal grounds
that is. that the verdict is contrary to law,
evidence and the principles of equity and
good conscience.
The fourth ground cited claims that the
verdict Is contrary 10 evidence, especially
in this. That there were two courts, one
against the defendant as principal in the
first degree. and the other against ,he 6e-
PENDANT as principal in the second degree.
and that the verdict returned by the jury
In the case was as follows;
1--WE. the jury, find Gus families, Eliza
beth Mobiles and Mary $. Families guilty,
and recommend Mary S Families 10 the
penitentiary "a life. We find Dolby No
bles and Dalton Joiner not gully"
The fifth ground is. that If the verdict
be construed to be finding Of said defend
ant guilty as principal in the first degree,
there is 10 sufficient evidence to sus-
tain it,
Alleged Abandonment by Counsel
After setting out these grounds the mo-
ton alleges that the foregoing grounds are
sufficient for an extraordinary motion for
a new trial. and then alleges further as
,.., 49,.
ant was tried was called by the Judge of
the superior court for the purpose of try
lhS the "e4ei,'"H1 an" o'ii'' - -,
- ,so. M, ,h. 1"fe,,1.,,t vas ,or,,.ic,-
July . 80 ta.,-. t,,,, ~. s.s,,-c of tb.
ed on jury AU.."' 'hi' -. 49,,
court was passed on july ll'h' that tie
court then Immediately adjourned without
giving movant an opportunity 10 make a
motion for a new trial.
Ihat the coGhsel aPl'o'H'ei Wy 1n' 80 -.
made no motion Tor new trlei anu looh
no steps to appeal the case; that defendant
had been convicted ot i capital Offense and
..,.,.,1 e., too, a,,t +t,at many -erfafIs.
- ~, - -, ~. .,,.,-,r.i =,
q"ea'oii7 u Ia" '''-' "a
said case, and arose out OF tAe u-Hi oi
sad case. she alleges That her counsel
absolutely abandoned her at the ve'y mo-
,,.rt ~ Nr ,r,-i,.,tar AND without her
,-.+ ,,4 ,,.;.,,,,. .r.
no" ''N~o - 'o"9t''' .e.t II.
sHshteSl ho'c" % a"+ ''"E '""
SWING any one an epioI 'u.i''| - S'J"ie
other counsel ami move for new trial or
take other legal steps n he nature Of an
aupeal
e.1lo,,,' ~ c,nt,.I IN tGe m
iendant insanity contained an t-.e ann
davits are newly discovered testimony.
The motion also sets out that uo brief of
evidence is filed because the stenosrapAe-
has not yet nled mis- brief, ana that ne =
absent "
,
-
inns motion the court dectlhcl 20 enter
tain because of the lack of jurisdiction,
the SANE, having been rendered in vacation.
TN, Orders I'm th, Case
Inc orders Oh respite are as loiIoNs'
state OF Georgia, Executive once. At
lanta, august IA. lNt3-lu Re Ei!Z2btta
NOheS-l'Ftit!on: II appearing that the
petitioner was, on the nth of july 1890 az
special term of the supreme court OF
TUisSs county, convicted OF the murder OF
one William Mobiles and sentenced therefor
TO hang on the 18TH Of August. 1885, and
il further appearing that said court adj
jouruci on the same day that said judg-
ment was made before "a motion for new
trial was filed, ana that said motion can
only be fled at regular term OF sad
court: and IL further appearing that such
q motion viii be presented at the next
regular term OF said court 10 be held on