The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-03-13
MOOSE TO END MRS. MOBILES.
STATE SUPREME COURT ACTS ON
HER PLEA ADVERSELY.

xt Refuses 90 order the Superior
Court of TwiHGs County TO Grant
Her a Trial on the Plea of Insan-
ity-The Lawyers 10 Carry the Case
to the United states Supreme
COurt-Rydcr Granted n New Triul.
Convict Lessees Not Liable for
Ravisher's Fiendish Work.
Atlanta. Ga, March 12-The supreme
court to-day rendered several important
decisions. One of them was in the No
bles case, the Twiggs county murderess
being denied a trial before the superior
court upon the plea of insanity. Under
the decision, which is an affirmation of
the position taken by Judge Smith in re-
fusing to grant Mrs. Mobiles such a trial
after she had been regularly convicted
of murder, the old woman in all prob
ability win have TO pay the penalty for
taking her husbands life upon the gal
lows.
Mrs. Mobiles has never had a trial upon
the issue of insanity. Her counsel, in
applying to Judge Smith for that trial,
ignored the court of ordinary, claiming
that such an inquisition was not what the
constitution intends as a definition of the
due process OF law" the court of oIdin-
airy not being a judicial tribunal. Tho
decision of the supreme court to-day,
however, clearly points out that the trial
before the ordinary under the present cir
cumstances is the only course that can
be pursued under the laws of this state,
and il is now very likely that the ordin-
airy of Twiggs county Will be applied to
TO investigate Mrs. Mobiles mental condi-
ton and commit her TO the asylum, if
she is found TO be of unsound mind, the
law being against the execution of a lun-
attic, even though of sound mind at the
time the crime for which conviction was
had was committed.
Before going to the ordinary. however
the attorneys for Mrs. Mobiles will, it is
understood from Mr.. Rountree of the firm
of Glenn & Rountree, associate counsel
with Hon. Marion Harris of Macon, carry
the case to the supreme court of the Uni
ted States. upon the ground that the
state court is wrong in refusing TO grant
the trial for lunacy before the court in
which conviction was had.
The chances of escape for Mrs Mobiles
seems to be very small. Her case has al
ready been fought in the courts from
stage to stage for about two years. and
during its progress has attracted wide
spread attention. If she is hanged 1t will
be the second time a white woman has
been executed in Georgia. AS long as the
fate of Mrs Mobiles is in the balance Gov.
Mill 10
Families, the negro who acted as her ac-
complice in the killing of her husband, as
he would be needed as a witness in case
of q trial on the insanity issue.
The murder itself is a closed book.
Nothing but the interference of the gov
crnor or the lunatic asylum can now save
Mrs. Mobiles from the scaffold.
Another important decision of the SUI
preme court handed down to-day was that
in the Ryder case. DR.. Ryder being grant
ed a new trial. The circumstances of the
killing of Miss Sallie Emma owen of Tai
bottom by DR.. Ryder are still fresh in the
public mind. Since his conviction DIR.
Ryder has twice tried to kill himself at
the Columbus jail, where he is confined,
attempting TO set the Jail on fire on one
occasion. a plea of insanity was entered
by his counsel at the trial. but Il did not
prevent a verdict of guilty without recon-
mendation. A very large number of
grounds for a new trial were Sc. out in
the application to the supreme court and
the argument of the case there two weeks
ego consumed nearly two days.
In the case of Dade Coal Company, be-
ing suit for $4,000 damages on account
of the act of Neal Smith, a convict in
charge of the company, the supreme court
to-day held that the company was not
liable sustaining the lower court and
thus denying the damages. The suit was
brought on account of an assault which
the convict, who was trusty, committed
upon Miss Henderson, young white wo-
man living in Dade county. She was met
by the convict some distance from the
camp, in the woods, and subjected to the
most horrible brutality. When news of
the assault spread among the people of
the neighborhood the negro convict was
taken out from the stockade and burned
alive. 1t was claimed that the company
was responsible for the conduct of the
man, because he was allowed to go out
by himself as trusty. when the state
expects the lessees to keep convicts under
restraint and confinement