The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-01-22
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COLUMBIA HERALD CO
GOV. TURNEY INTERVIEWS.
He Signs a Full Pardon For Eugene
Logan.

He Signs Full Pardon For Eugene
Logan.
NASHVILLE, Jan. 15.-The shack
les have fallen from the limbs of
Eugene Logan and he is at liberty to
walk forth from the portals of pris-
on a free man.
Eugene Logan was sent up from
Warren County to serve a twenty
year sentence for the crime of rape
and violation of the age of consent
law. The deed was alleged to have
been committed on the person of
Florence Gartner, girl II years of
age, in McMinnville on Jan. IL, 1896.
Logan is dentist by profession
and the child went to him to have
her t0eth worked on. While in his
chair, so she charged two days later,
he attempted to commit the abhor-
rent crime.
He was arrested Jan. ID, and in
view of the fact that Il great crowd
of citizens were in the town and of
the consequent excitement, which
ran very high, he pleaded guilty to
escape mob violence. In order to
prevent this, he was allowed to APP
pear before court at midnight, and
the jury fixed his sentence at twenty
years.
Helping 10 constitute the jury, it
is said, were two relatives of the
girl. These facts were brought out
in the recent hearing of "A habeas
corpus case before Judge Anderson,
in which DR.. Logan appeared as
petitioner. Through his attorney,
Col. Baxter Smith, he filed a letter
from Judge Smallman (the trial
judge admitting that there was no
trial and that the plea CT guilty
was forced one. A letter corrobo-
rating the facts was also filed from
Acknowledgement of Warren Coun-
ty, G. w. Hutton.
The case was heard by Judge An
derson Saturday. The hearing was
begun in the morning, but an adj
journment was taken until night in
order to give Judge Smallman time
to come here from McMinnville and
testify in the case. At the night
session, Judge Smallman testified,
and after hearing argument, Judge
Anderson took the case under ad-
visement.
Judge Anderson gave his decision
Wednesday morning in the Crimi-
max Court. In an elaborate opinion
denied the petition. He said that
though fully convinced that the
trial, conviction and sentence of the
petitioner were unconstitutional, he
did not believe he had the right to
go behind the judgment of the War
rem County Court. He pointed out
the injustices from which the i'm
prisoned Logan was suffering, and
in closing said it was an axiom of
law that there was no wrong with
out remedy. The only remedy in
this case was relief from the Gov
ernor of the State. He therefore
recommended Logan to the
clemency of Gov. Turney, but de-
MED him his release on the habeas
corpus proceedings and remanded
him to the custody of the Warden of
the penitentiary.
Bearing from Judge Anderson the
recommendation for executive elem
ency for his client, Col Smith at
once sought the Governor and laid
the matter before him. Gov. Turney
was impressed with the serious
features of the case and looked into
it fully.
He expressed no opinion Wednes-
day, but yesterday he reached de-
cision and that decision was that,
whether guilty or not, Eugene Logan
was being illegally restrained of his
liberty.
He therefore issued a pardon to
the imprisoned man, and Logan a
few hours later walked forth from
the penitentiary in the attire of a
: citizen and a freeman.