The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-04-16
NEW LEASE FOR MRS. MOBILES.
FEDERAL SUPREME COURT SLAVES
OFF THE HANGING.

Justice Harlan Gives His sanction 10
writ of Error and a Hearing IN
the writ VIII Have 10 Be Had Be
fore the Execution Can Take Place.
The Point Raised by the WOman's
Attorneys Not Considered a Good
One When Argued Before the state
supreme Court.
Atlanta, Ca. April 15.-Mrs. Elizabeth
Mobiles. the old woman now confined in the
Bibb county jail under sentence of Judge
c. c. Smith of Twiggs superior court, to
be hanged one week from tomorrow, has
been saved from the gallows for a time
at least.
With only a week between her and the
day of execution, she was given a new
lease on life to-day from a source from
which little or nothing was expected, and
now there seems to be good chance that
she may yet be spared from the hang
mans moose. The interposition which
seems almost like the hand of providence,
comes from the United States supreme
court. Justice Harlan gave his sanction
TO writ of error in the case and this acts
as supersedeas to prevent the carrying
out Of the judgment and sentence of the
state court until the supreme tribunal
reviews its acts.
Attorney General Terrell, who repre-
scented the state of Georgia in the Mobiles
case in the supreme court of the state and
in the supreme court of the United States
received the notification that the writ of
error had been sanctioned by Justice Har-
Ian, by telegram from the clerk of the
court this afternoon. 1t will now be ne
cessary to have a hearing on this writ
of error before the case can proceed fur
Their.
The ground upon which the case has now
been received in the supreme court of the
United States is that Mrs. Mobiles was not
accorded the due process of law, in that
the court before which she was tried on
the indictment for murder refused to grant
her trial on the issue of insanity. Judge
Smith refused this trial, and his refusal
was upheld by the state supreme court
The state courts took the position that it
was the province of the ordinary 20 give
the trial on the question of lunacy after
the conviction for murder had been render
ed But ZION. Marion Harris and Glenn
Rountree, attorneys for Mrs Mobiles
took the unique position that the superior
court was bound TO give this trial inasmuch
as the court of ordinary was not a judi
cal tribunal. From the allowance of the
writ of error in the United States supreme
court 1t appears that the attorneys for the
condemned have gained their point in this
unusual proceeding, and if the court final
ly upholds them 1t will mark a most inn
portant precedent in the judicature of the
state.
The near approach of the day of execu-
ton has caused a great deal of interest
to be manifested in the fate of Mrs. No
bles. Gov. Atkinson has received a num-
Der of letters from citizens asking him to
interfere If necessary to save Mrs Mobiles
from the scaffold, but up to date no formal
application for clemency has been present.
ed to him.
Washington, April 15.-Judge Harlan al
lowed a writ of error to-day in the case
of Elizabeth Mobiles of Georgia, who is
under sentence of death on the charge of
murder, and who was to have been hang
ed next Friday. 1t was represented bv
Mrs. Mobiles counsel that she is insane.
The allowance of the writ will operate
as stay of proceedings and will insure
n MT of he