The Dawson news. (Dawson, Ga.) 1889-current, 1905-12-20
INV LANES CALLAWAY

IN Mrs. MARY A'OS
nos executed on the 9Th of Deem
for the murder of her husband
., Cnsan Eberhart, who was hanged
Webster county, Ga, for the MUIR
Of Mrs. E. F. Spann. E. F.
Enann. her assistant, was hanged IN
! ngust. 1872. But the woman's case
ros postponed a year after the SUI
&psome court had refused to set aside
- verdict, as appeal for executive
ononcv was made in her behalf be-
4 anso she was woman. The Atlanta
Cows few days since, speaking OF
rof1sal of Governor James M.
NTH to pardon her, said: "Gov-
.ror Smith was severely censured
or permitting white woman 70 die
b the gallows."
This is true, and that very censure
=spsed Governor Smith considerable
annoyance.
i It was probably the last court Judge
Em;Htfn held at Talbotton when he and
we're indulging in a post-prandial
hat sitting out in front of the Thorn
on Hotel, and on his own motion he
sIIpded to the Susan Eberhart hang
nc. I remember so well how he look
II in the moonlight that evening and
low feelingly he spoke OF the case.
Il Governor Smith said: II know |
lave been censured for not pardoning
be woman. But the governor is not
be lawmaker; it is his duty to execute
he law. The fact is, l studied the
ase. I examined into it carefully. [
sesired to not let her be executed. 1
ought to find defects in the trial-ir-
larity-blunders of the court
.Ome hook upon which I could hang
Ia objection. But l could find no
laws. There was nothing to base
ardon on-except arbitrarily say she
las a woman, and, though guilty,
houl1 not hang. In my diligence to
hi excuse I wrote to Judge George
Mark of Americas, learned lawyer
BID upright Judge, who tried the case,
nd appealed to him to help me out.
But Judge Clark wrote me that he
build not aid me- That the trial was
Dir, the verdict just, and the woman
las the stronger will, the controlling
brit. and the old man Spann the
Baker vessel, closing the letter with
refusal to ask for the woman any
emency, declaring there were no ex-
snuating circumstances and the YER
Flct a proper one. After this what
as to do? Nothing left me but to
81 the law take its course. A gov
nor does not make law. 1t is his
bty to interfere when law is pervert-
!"
IL ld Governor James Milton Smith
aS of rugged and iron mould, but
eneath that stern exterior beat a warm
hd tender heart. Whoever looked
Ito his face felt that he stood in the /
Essence of an upright and honest man.
fifth him, however, duty was duty.
came to the gubernatorial chair IN |
Stormy time. He was our first gov
NOR after the horrors and destruc-
Epn of reconstruction. Business, So
ety itself, lay in waste like a build
b demolished. The scene was wreck
heresoever the eye rested. Amid |
lch conditions "Old Milt Smith" as
was familiarity called, came to be
pvernor. His was the task to bring |
Rder out of chaos-to establish civic |
Rle, and to establish again in Georgia |
III reign of law; in short, to breathe
10 the people once more the great
Rlnciple of law and order. Well was
for the state that such a man was
elled to the helm. And with his |
Pnd impressed with the duties of the |
nes, the task of bringing order out
disorder, amid such environments, !
was called upon to let the law be |
Kecuted or let sentiment set aside law.
mid the piping times of peace and
fosperity," as exist in Georgia today |
Rder Governor Terrell, this honest
pa upright executive of the law
ight have yielded to sentiment. But
him be judged by his environ
zents.
Polly Barclay.
The Atlanta News, however, is IN /
8for about stating that Susan Eber-
lrt was the first white woman to die
Il the gallows in Georgia.
Susan Eberhart was the first to die
u the gallows. But Polly Barclay
RS the first white woman hanged. She
Rs was hung in 1906, not the gailows,
Ft on tree-an old oak, gnarled and
'Orm-beaten now, on the Lexington