Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-10-26
JOHN HARPER DEFEATS DEATH
..'> IN STRUGGLE FOR HIS LIFE

John Harper the convicted Murray
county murderer, has at last won his
fisht against the gallows, his sentence
being comn1uted Thursday afternoon by
Gov. Joseph NJ Brown from the gahows
to life Imprisonment in the state peni-
Tertiary.
Executive cIemenc- saved Harper while
be was in the very shadow OF the gal
lows He had been respited TO be hanged
ON Friday afternoon in Murray county All
the sheriff had already arrived I'm Atlanta
to take him back to be hanged.
The case had been considered by the
state pardon board for the past ten davs
and their report made to the governor
late Wednesday afternoon
DENIED BY PARDON BOARD.
They refused to grant him a pardon or
commute his sentence, but Governor,
Brown. after looking over the new evil
dence. decided TO save the condemned
man from the gaIlows. The pardon board
was divided on the case. one holding out
for a communication Of the sentence.
4 new trial or a communication OF Har-
per's sentence was asked ON the ground
OF new evidence. An affidavit OF Carl
Foster. said to have been the only eye
witness 10 the killing. was introduced at
the hearing before the pardon board hut
he failed to secure "A new trial for the &C
cused. Governor Brown, however, was
very much impressed with the new evil
dence and on this alone placed the SEN
tence at life imprisonment instead OF
death on the gallows
John Harper was convicted OF the muir
der Of Sheriff Ben Keith. Of Murray coun-
". and sentenced TO be hanged. This
was about three years ago and immedi-
ateIy after the sentence the fight for his
life commenced. Two years ago he was
moved to the Fulton county tower for
safe keeping He has been a most mod
Ell prisoner and is known by all In the
jail. rr-
During his idle moments Harper has
studied the Bible with the result that no
knows by heart practically the entire New
Testament. He has a wonderful memory
and can recite book after hook OF the
New Testament. He spends several
hours writing TO his loved ones i'm Muir
ray county.
year and a half ago Harper. in COM
pany with George Barton. the noted one
armed yeggman. sawed their way 10 lib
erty from the Fulton county jail and were
at liberty several weeks. Barton did the
clever work of saving the bars. which
was considered the most skillful planned
piece Of work ever seen in these parts
and Harper went with him. The con
demned murderer went back to his home
in Murray county and was there discov-
cred by a number of his neighbors and
captured. but after hard fight i'm which
guns played a prominent part.
GRUELING FIGHT FOR LIFE.
The night Harper has made for life is
ore Of the most remarkable I'm the his
tory OF the state. He has been sentenced
TO be hanged some seven times. his case
has been through all the state courts and
the United States supreme court, before
the pardon board eight times and tic
governor a like number.
Every known effort has been made to
save him from the galows. and he has
at last been saved.
To Attorney Samuel Hewlett belongs
much credit for the fight he has waged
IA the interest OF his prisoner. He has
never ceased I'm his plucky fight and has
at last met with success. He has been
aided I'm the fight ny Mrs. W. O.. Ballard
of the Kings Daughters: Miss Smith. OF
tho Second Baptist church, and Dave Il.
McAllister. -. --..--.----- -.---.. -
THE OFFICIAL ORDER.
The order of the governor in commut-
ing sentence: ...
I'm the consideration Of this case I
find that il has been PASSED upon by the
supreme court of Georgia twice. The first
time Judge Beverly Q. Evans delivered
the opinion OF the court and the second
time Judge Horace NJ. Holden delivered
the opinion. In letter written by Judge
Evans to the prison commission, August
3. 1909. concerning this case. he says: I
think the circumstances attending the
trial and the facts establishing the hon.
icide Will warrant Communication of the
sentence. The state did not produce the
sole eyewitness after the solicitor gem
eral. in his opening address, had said
he would prove the crime by eyewitness
es. This witness refused tc discuss the
case with the defendants attorneys, AS
developed In the extraordinary motion for
new trial II his testimony had been con-
sidered by the jury there is a strong prob