The Birmingham age-herald., 1909-08-30
Many Noted Cases Will Come
 Up for CIemoncy
MFTCHELpS CASE IS UP
South Georgia Man Is Charged With Assault Upon Young Woman While in Disguise, and Ap-
 peaIs From Sentence.

AtiA men condemned to death for murder, two sentenced to the gallows for as- saults upon women and one man, mem Der of a prominent family, sentenced to F months service on the chaingang for assault and battery, will make their ap- peals to the governor through the prison commission next week and the week following for executive clemency.
 The most sensational of all these cases is thd last, that of William H. Mitchell of Thomasville, a member of a leading South Georgia family who was convicted of assault and battery upon Miss Lucille Linton of that city, and sentenced to 12 months at hard labor on the chain gang of his home county.
 Mitchells motive for the crime of which he was convicted remains a mystery to this day. According to the evidence, Mitchell disguised as a negro woman, enticed Miss Linton from her home in the heart of Thomasyille. drove her into the woods and attacked her; her escape was accomplished with difficulty, and for a time it was thought the mysterious and outrageous affair would be hushed up. Mitchell was subsequently, shot in the leg in his own home in some mysterious manner and though it was not proven, the belief existed that the wound was self-intiicted with a view of diverting suspicion from himself.
 He was indicted for a more serious of fense, but conviction of assault and battery, and the court of appeals sus- tained the conviction, pronouneing the crime an outrageous one and commend ing the quality of mercy shown by the judge before whom he was convicted.
 Mitchell Is now appealing to the gov ernor through the prison commission for a communication of the sentence to a fine. He is represented by former Prison Com missioner Thomas Eason and others and the case is set for hearing before the commission on Monday, August 30.
 A numerously signed petition urging elemency in behalf of Mitchell has been sent to the commission, the appeal being put on the ground of his family con- nections and his former good standing in the community On the other hand Governor Brown has received many let ters urging that the law be allowed to take its course. Some point out that considering Mitchelrs offense his punish ment is extremely light.
 Miss Linton, who was the victim, en-
 
 communication Of the sentence Solicitor General w. E. Thomas, who vigorously prosecuted the case, will appear in op- position to the appeal for communication. Mitchell is now under respite for 30 days until his case is finally disposed of.
 Another case which is attracting consld- erable attention is that of Dr. J. M El- liott of LaGrange, sentenced to be hanged for the murder of G. L. Rivers. The raaf fEf out of s1.T by Elliott of his wife, though 1t is claimed there was no reasonable ground for 1t. Elliott is a young man about 30 years of age and formerly lived at Chat tanooga, where he Is said to have grown up. almost street waif. He is practi- cally without education and some say he Is half witted. The people of Troup county, in many instances, oppose any interference with the sentence of the court, and the chief pleas in Elloitts behalf come from Chattanooga, where he formerly lived
 Elliott has been granted respite until September 10, and the commission will hear his case probably on September [
 Also about September or the com mission will again hear the application for clemency in behalf of John Harper, un- der sentence of death for the murder of Sheriff Ben Keith of Murray county f1hrpef mas nad more communications and narrow escapes than any man under sen- tence of death in recent years. Clemency has once been declined in his case. and he was at one time given a respite of several months in order to give him op- portunity to present an extraordinary motion for new trial. He also once es- eaped from Fulton county Jail, and was reeaptured near his North Georgia home after a hard chase. Harper's crime was committed about three years ago, and his last sentence to the gallows was or dered few days ago in Murray superior court. A committee of Atlanta ladies from the Kings Daughters will go before the prison commission and the governor to urge communication to life imprison- ment in Harpers case
 There are three others confined in Fulton county jail under sentence of death, one white man and two negroes. George Burge. white. is to be hanged for the murder of his wife, crime in which there appears to be no saving circum- stanceE
 Roger Merritt, a negro, is under sen- tence of death for criminal assault upon Miss Maggie McDermott, and Willard Webb is condemned to death for criminal assault on Mrs. Exa Brown of Cobb county
 All of these cases will go before the prison commission and governor before the sentence of the law is finally exc cuted and the indications now are that they will be disposed of at tNe Septem- Der meeting of the commssiin