Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-08-31
STRONG PLEA MADE
FOR PARDON OF
WILL H. MITCHELL
Continued from Page One


taken out of this case all that reflects on
the young lady. We plead for mercy.
All that was done was an irrational,
fool thing. The jury has said this in so
many words. Some of the best times /
have ever had with VIII Mitchell have
been with young ladies. He was always
honorable, chivalrous. There was not a
girl In this state at that time who would
not have been glad to receive his atten-
lions, asserted Judge Gambler.
The class Of men who were pleading Cor
Mitchell, he said, proved conclusively the
Justice of the petition. Judge Gambler
was deeply affected as he spoke of Mitch
ellis family Nothing could be gained by
nlacing Mitchell in stripes and allowing
him to be gazed at by the malevolent.
The Lord had placed His hand heavily
on the head of Will Mitchell and he
thought 1t time for the law to take its
hands Off
CONGRESSMAN HOWARD FOR
STATE.
CONGRESSMAN w. NJ. Howard, attorney
for Miss Linton, read a decision of the
court of appeals against pardon or COM
mutation. The petition, 1t was stated.
denied his guilt but gave no evidence Of
innocence; II did not set out that his
family would suffer from the carrying
out of the sentence, nor was 1t shown
that the physical condition of the de-
PENDANT was such that he could not suf-
fer inteligently for his crime. Mr.. How
ards statement stressed the assault and
battery feature, Mitchells disguise as a
negro woman and urged that all evil
dence tended to show that the technical
assault was not the result Of a disorder
dered mind.
This petitioner has had mercy shown
him where he did not show mercy to 9TH
ers," he stated.
1t had been shown that the defendant
was of legally sound mind when the
crime was committed ana sentence just
and constitutional, he stated.
Congressman Howard then read let
ter from Solicitor w. E. Thomas, of VAL
dosta, which referred to the record. He
stated he could not approve the applica-
ton for pardon or Communication.
A REMARKABLE CASE.
Mr. Howard said the case was a re-
markable one for many reasons. Those
who had spoken for the defense had
spoken of MitchelPs character. No man
could be said to possess character unit
he had met and withstoou temptation
This was not the first time Judge Hop
kinss had appeared in the case, he said
He had testified at The trial. Despite the
tremendous family influence. of the de
PENDANT he had been found guilty. 1t
was an heroic act on the part or the jury
in the face of all the pressure brought
to bear
This is no lean, hungry technical ver-
dict-it is a big fact verdict. This wo-
mans character was so high that he had
to use subterfuge and artifce 10 get her
to meet him. He took her out of the
sight of people. He did things which
alarmed her and almost caused her to
lose her reason. Not until she reached
the lights of the Vashti Orphans home
did she cry out and then he placed his
hands on her to still her voice. If his
purpose was innocent why did ne not seek
her out in her home in the light of day
in his garb out a white man. His was
hellish purpose. He unsexes himself
and puts on the garb of a negro woman.
Does that look like innocence?
Judge Gambler says this is not the
man he knew. No, it was not the man
anybody knew. Mitchell had made prep
arations for this crime for seven days.
1t was not planned suddenly-it was no
sudden emotional insanity. 1 beg you tc
examine the Ritchie letter and telegram
and you will find similarity in the hand
writing. 1t was just as necessary that
his handwriting be changed as his sex
be disguised. The man VINO was the au-
thor of the letter was the author of the
telegram and the person WHO came to see
Miss Linton was the author of both. All
the facts proved the guilt OF the defend
ant and Judge Roam directed the verdict
like man.
WAS A DOUBLE VICTIM.
Miss Linton in the double capacity of
citizen and victim appears here through
counsel to plead against the granting OF
sn..-- Z NJ hot fo1-xy
she could Obtain damages, but she does
not care to take advantage of the law.
Don't you know" said Mr., Brantley.
that the popular distrust of the law is
the result of the feeling that the wealthy
end the influential are exceptions to the
law? Sympathy is due the wife and fam
lily; pity is due the defendant. There is
a difference. Those who do not deserve,
sympathy are given pity.
PLEA FOR LIGHT SENTENCE.
Thomas Eason spoke for the defendant.
He stated that TO one had a higher re-
gard for woman than he. He purposed to
treat the character of Miss Linton just
as CONGRESSMAN Howard had done. The
penalty was too severe. In ten long years
during which he had had the honor Of be-
ing a member of the commission he had
never witnessed such an array of Witness
es for a defendant, he asserted. If VIII
Mitchell committed this act he was crazy
at the time. In regard to the technical
assault he said Mitchell never would have
placed the lap robe over Miss Linton's
head If she had not drawn her pistol. He
denied Mitchell had planned to murder
or to rape her. At best it was the act
of a mentally unbalanced mind.
Mr.. Eason read a number of letters
from citizens Of Thomas county urging
that Mitchell be allowed to pay a fine.
Mr.. Eason said if Mitchell were placed
on the chain gang and died, his enemies
would doubtless be satisfied. He had al
ready been bounded and Inundated, he
said.
Mr.. AVERY SPEAKS FOR STATE.
Robert Lee Avery, for the state, said
that out of the gloom and pathos of the
case was one bright ray of light-the 10y
atty and devotion of Mitchells friends.
But friendship was blind and unreason-
ing, he said. The defense had spoken of
the degradation of Mitchells family. He
referred to the sadder condition of Miss
Linton, an exile from Townsville, which
place was a perpetual nightmare to her.
Friendship had gone too far.