Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-09-03
MITCHELL MUST
GO ON CHAIN GANG
Governor Declines the Recon-
mendation of the Prison Com
mission for Mitigation of Sen
tence and So Orders

Improved the sentence OF Judge hodIl'
who tried the case.
Executive Secretary Blackburn imme-
diateIy telephoned to Sheriff Singleberry.
of Thomas county, that the sentence of
Judge Roam would stand. and later wired
that Mitchell be taken in custody.
WORKED ALL NIGHT.
Governor Brown spent practically all of
Tuesday night reading the evidence in the
Mitchell case. He took the papers with
him to Marietta and 1t was $3.50 o'clock
! Wednesday morning before he retired to
snatch a few hours sleep before begin
ming the regular days work. When ne
arrived at the capitol Wednesday he had
4! arrived at no decision.
|. There were one or two points on which
Governor Brown wanted TO satisfy him
self and once these were cleared up he
acted.
II has been a strenuous time for Gov
ernor Brown. Scarcely an hour in the
day for the past several days that he
has not received kilograms from relatives
/ or friends of Mitchell or Miss Linton,
The delegation from Thomasville. who
| came up in behalf of Mitchell remained
over in the city Wednesday and several
of them called on Governor Brown.
Friends and relatives of Miss Linton also
called.
DECISION WAS A SURPRISE.
Governor Browns decision came as
| surprise. Those who had followed the
case thoroughly felt sure that Governor
] Brown would not issue pardon. They
| thought, however, he would allow the
recommendation of a 12-months sentence
on the state farm to meet with his
| approval or the legality Of this sen
/ tence there was considerable doubt and
| it was this matter that Governor Brown
wanted additional light on.
| The action of Governor Brown puts
| final period to one of the most remarka-
Bile cases that ever took place in Georgia
-one that stirred political and socialicen-
| tiers Of south Georgia to the core. Mitch
ellis friends exhausted every resource to
| save him from the disgrace of convict
stripes, but their efforts have been in
| vain. ..
THE GOVERNORS REASONS,
The text of Governor Browns decision
| is as follows: 81
In re w H.. Mitchell. appeal for exec
| utive clemency. .-- -tt.
In the consideration of this case the
following facts are established:
, The appellant was indicted In Ihomas
| county for attempting a grave offense,
| and for a minor offense, the two consti-
tuting but one transaction, blended to-
/ gether by. concurrent acts, and was by
| the Jury found guilty of the minor Of
| tense. The trial judge, weighing the
case as one OF unusual gravity, sentsnc-
ed the defendant (the present appellanO
TO imprisonment for one year IN the
| chain gang. and also to pay a fine. The
| case having been carried to the court of
! ?ppeais. the Judgment of the circuit
| court was affirmed. In it's decision the
court of appeals used the following
Now, IN this case the positive evidence
which identified the defendant as the
/ perpetrator of the offense is so strong
| clear and convincing, and the circum-
stantial evidence connecting him with
/ the commission of the offense is so In
i consistent with any rational theory ex-
cent that of his guilt that 1t would be
| trifling with justice to grant another
/ trial on the alleged newly described tes-
| timony. The verdict in this case is fully
supported by the evidence, is tempered
/ by the quality. of mercy, and approved
| by a trial Judge of big heart, clear head,
| and great experience, and this court sees
no reason to disturb 1t.
| On an appeal for executive clemency to
| the extent of making void that portion Of
| the sentence which provides for a service
Of II months in, the chain gang this case
| was exhaustively heard by the prison
commission, August 3d. and sent to the
executive Office. with the following in
dorsemeht: r. ..
l RecOmInenu 10 DC sent W NhS SNaIS
farm
OF SPECIAL NOTE.
1t is a matter of special note that the
\ solicitor general of the trial court has
sent to the prison commission written
communication which closes with the
| words: t .ss - TE,F
II cannot approve favorable action
upon the application filed."
/ II is also noted that the trial judge has
| abstained from recommending that the
/ appellant be seved from punishment by
/ confinement
+ The appellant, through counsel. has ask
/ ed the executive that the service of II
months be made void, or in any event
4 that II be not enforced at the state farm.
II is urged that his health is quite bad;
that he is a member of family promi-
/ nent in Georgia, is highly educated, and
that he and his household would be SUBJ
| ,ected to cruel and needless humiliation
| should the portion of the sentence COW
| erinR Imprisonment be enforced upon
| him Petitions and letters signed by
hundreds OF people join in the above
pleas, which well-night exhaust the
springs of sympathy for his family and
pity for the appellant.
= would that the ordeal of deciding this
case were not on me. My heart bleeds
for the gentle and refined family of this
one whom the jury of his peers has de-
clared guilty of the mad act which has
plunged them into the slough of sorrow.
WAS NOT INTENDED.
But il was not intended that the con-
stitution be upheld. or the laws adninis-
tered on sympathy and pity. else, the
| vilest criminal coVl6 secure a guarantee
of immunity: end 1t was not intended
that penalties, fixed after a fair trial,
should be set aside by petition, for the
supreme court &C the United States
(Smyth Us. Amesl. has said: This is a
government of law, not or men," And
in the assurance 10 the law-abiding ami
I'm the warning TO the lawless that the
flaws will be certainly executed we have
the warrant OF peaceful intercourse and OF
| protection eTson and property.
Should III lemency asked for In the
present cas-, re extended, there is grave
danger that il would bear fruits of sorrow
in every section of our state. 1t would
set an example pernicious beyond COM
| pare. an example embodying a daily mem
ace to Georgia's womanhood. 1t would
say that we have one law for the rich,
| another for the poor; one law for the
| highly educatedy another for those too
spoor to enjoy the privileges and immuni-
Ties consequent upon education3 one law
for the classes. another for the masses.
Furthermore while the pardoning pow