Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-02-16
To SAVE THE LIFE
(. OF JOHN HARPER
WRIT OF APPEAL TO SUPREME
COURT OF UNITED STATES HAS
BEEN FILED WITH CHIEF
JUSTICE FISH.

John Harper, who is now confined in
the Fulton county tower on a charge
Of murder. still has hopes of freedom.
Saturday afternoon a writ for the SUI
preme court trial of the United States
was filed with chief justice w. II, Fish,
OF the Georgia supreme court in an et-
fort 10 have the case carried higher. o.
Judge Fish has only to sign the writ
/ so that II can be carried to the high
est court In the land and this he viii
probably do. II he does not sign it,
Harper's attorney, Samuel d. Hewlett,
will take out mandamus proceeding
and have 1t come up in the United
States supreme court anyway. NO mat
ter which course is taken the case win
reach the highest tribunal in the land
and Harper win have another chance to
be a free man.
Probably never in the criminal history
of Georgia has a man fought as hard
| for life as has John Harper. The case
has been through more channels than
has probably any other case, and exc
cution has been stayed as long. The
case has only been rivaled by the famous
Tom Wolfork case of many years
ago. .-.
Sentenced Six Times -
Harper has been sentenced to hang by
J the neck till ne was dead no less than
six times and before he is hanged viii
| have TO he sentenced for the seventh
time. He has been as near to death
/ on the gallows as any man who Ola
| finally escape. On one occasion the
sheriff of Murray county came to At
| lanta to take his prisoner back to his
home county for the eXecutionu and on
| ~ a respite by Governor Smith prevent
ed the execution. The respite was
signed on the night before Harper was to
be hanged, and, had IL been signed
twelve hours later, the trap would have
been sprung. -f-fr
The matter has been before Governor
Smith six times and in this way respites
have been secured. The pardon board OF
Georgia has considered Harper's plea for
life three times and each time refused to
| interfere If the plans Of the defense
are carried out the plea for a pardon or
to have the sentence committed will be
again presented to the pardon board or
the state.
On two occasions motions for new
trial have been filed with the Murray
county superior court and as many with
the Georgia supreme court. While all Of
these methods are being used to have the
decision of the superior court adversed
Harper calmly sits in his cell reading MS
Bible.
About the middle of next week the
sheriff of Murray county will probably
again come to Atlanta to get Harper to
have him resentenced by the Murray
county court. The court is in session
next week and the sheriff Is expected
about Wednesday. While Harper is look
ing for the sheriff he is expecting tAe
United States supreme court to take
hand in the matter first. He is sure that
his case will reach the United states
supreme court and II 1t does he cannot
be resentenced until this court acts on
the writ. .s..
Harper will not be resentenced next
week" said his attorney Saturday. Har-
per agreed with him in his statement.
The writ upon which Attorney Hewlett
asked that the case be carried up TO the
highest court alleges that the constitu-
ton of the country was violated during
the first trial of his client. The writ
claims that one of the jurors in the case
had expressed an opinion in regard to the
matter prior to the trial; that one of the
witnesses at the grand jury when Har-
per was indicted was not presented to the
| defendant; and that the jury was forced
to reach a verdict, being locked in q
room for eighteen hours by the court.
The records in the case contain some
lO. 900 words and 1t will probably take
Justice Fish some time to read 1t and
render an opinion.
All the above are grounds for a plea To
the United States court. If the consti-
tuition of the United States has been vio-
lated il gives reason for new trial.
The fight of John Harper has covered
period of a year and half. He was
convicted In Murray county OF murder
on August Is, 1907, and sentenced to hang.
The trial consumed several days and was
great cost to the county. After being
= IN 10 nte f0r
safe keeping. Since then, with the ex-
ception Of one month, he has been sE
the local Jail.
Shortly more than a year ago todey
Harper in company with George Barton,
! the alleged yeggman, made his escape
| from the jail Saws were given the two
prisoners in some way and after saving
couple of bars the two prisoners gained
I their liberty. Harper could not stay away
from the family that is so dear to him ana
went to his old home in Fannin county.
After spending three weeks with his fam
/ lily he was recaptured and returned to the
Atlanta jail. Barton was caught a few
weeks later.
Reads New Testament
Day in and day out Harper sits in his
cell on the fourth floor of the jail read
| ing the New Testament. He does not
seem to worry over the fate that is hang
ing over his head and he reads his Bible
from morning to night. So much has he
read il that he knows the first five books
of the New Testament by heart AID
promises to memoriEe the entire New
Testament within the next few months.
If the case Is carried up, as IT now APP
pears II will, he will have ample time in
which to memorize the New Testament.
Though offered other literature Harper
refuses to read anything except his Bible.
| He also breaches to the prisoners in the
Tower. He seems to care for nothing
save the Bible and to write relatives.
He writes almost daily to his loved ones
and receives many letters from them.
When not reading the Bible he is writ
ing a letter home, and in this way he
has passed the past five months.
Harper is firm in his belief that he will
/ be freed and writes his family that he