Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-05-04
new TRIAL DENIED
MITCHELL
REFUSES TO FINE
REUBEN ARNOLD, COUNSEL FOR
BROWNSVILLE MAN CONVICT
ED OF ASSAULT ON MISS LIN
TON, SAYS HE'S CRAZY.

IONy SA1 OIe<1A4s
Judge L. S. Roam, of the superior court,
sitting in chambers. on Saturday denied
the amended motion of ". H. Mitchell. OF
Thomasville, who was convicted for as
sault and battery on Miss Lucille Linton,
for a new trial. He also refused the re-
quest of counsel to change his sentence
from twelve months in the gang to
maximum fine.
Counsel announced that they would APP
peal to the court OF appeals. and that if
they famed there. they would go to the
governor and the prison board for a par
don mitigation of the sentence.
Judge Roam intimated to counsel for
Mitchell that he would rather hear from
them on the insanity phase than on the
additional evidence of P. c. Croley.
Thomas county bailiff, whose affidavit
tended to prove an alibi for Mitchell.
Attorney Reuben r. Arnold, of counsel
representing Mitchell. quite frankly stated
that he believed Mitchell was crazy
crazy as a bedbug," he expressed it.
L believe that after l had talked to
him." said Mr.. Arnold. But he resented
the idea of that sort of plea. His wife
did, too, but he more than his wife. He
said he would rather be hanged than do
that. 1t was on my insistence that in
in hypothetical fashion
Mr.. Arnold added that he had heard
that there was insanity in Mitchells fam
lily.
Stresses Insanity
Theodore Titus, of Thomasville, OF
counsel for Mitchell. stressed the insani-
ty feature more than the Croley affidavit.
He contended that Mitchell IL he had
been guilty of the crime charged, must
have been crazy He said that every al
legged act was the conception OF a lunatic
: andcarriedout with lunatic's cunning.
He said also that Croley's alibi showed
| conclusively that Mitchell was two miles
| from brownsville at the time Miss Linton
herself had testified that she left Thorn
| asville with Mitchell. the latter disguis-
ed as a negro woman
The state had introduced affidavits at
the morning session from officials OF
I. Thomasvlle and other counties to the eff
! feet that Croley was illiterate, and man
| they would not believe on oath. The illit-
eracy feature was touched on by Judge
/ S. A. Roddenberry, another Of the law
| yers for the defense.
Illiteracy and Accuracy
He contended that iliteracy did not af-
| feet a mans honesty, and that in the
matter of details touching on time, loca-
lions and other matters an illiterate man
! had a better memory often than liter
| ate one because he trusted to his in-
! stinct for his impressions, while an edu-
| Gated man would depend more on memo
randa. He considered that illiteracy was
| in favor of thes accuracy of Croley's tes-
/ timony<-
Attorney Arnold also emphasized this
| fact He told of an instance of a ne
gro shepherd who could tell by looking
at his flock whether any had been lost,
! although he could not count.
| When Solicitor General Thomas, of Val
dosta. began his argument for the state,
| Judge Roam frankly stated that he was
/ most interested in the question of Mitch
| ellis sanity. He said he was thoroughly
familiar with the record, and could recall
! the substances of all the testimony.
Il would consider that Mitchell was
! sane" said Mr.. Thomas.
Attorney Arnold Contended that every
| act of Mitchell was that of crazy man.
Act of Lunatic
mo man would have committed the
/ crime he is charged with in the public
manner he did" said Mr.. Arnold. They
/ say a crazy man has great cunning. In
/ this case the cunning was very obvious.
The crime was committed on a public
highway It was the conception of a
crazy man, but carried out with a crazy
mans utter oblivion of appearances. just
as an ostrich, by hiding it's head in the
sand. imagines its body can not be seem.
Judge Roam. at the conclusion OF the
argument. said that he regretted that he
could not grant a new trial. He said
that Mitchell was convicted by a jury Of
his fellows. in a city where he had
! friends, and that he had been defended
by able counsel 1t was not for him to
1 set aside that verdict. Such action on
his part would tend to break up the sys-
tenn of jury trial.
Attorney Roddenberry then asked the
court to mitigate his sentence from
twelve months I'm the gang to maximum
fine. He said that Mitchell was i'll. that
| he was physically unable to serve his
sentence. and he pictured the sentenced
mans wife and family and their dis
grace.
More Serious Offense
/ Judge Roam replied that he recognized
| this. but that Mitchell had been charged
with a much more serious offense-at-
tempted criminal assault, felony, and
that the jury had reduced it to a INSIDE
meanor. Judge Roam intimated that
counsel could appeal. and that, failing
/ there they could ask executive clemencv.
He and Solicitor Thomas were firm
against any change of the sentence.
! II was said yesterday that counsel for
| the state at the beginning had been will
/ ing and had even insisted that Mitchell
consent to lunacy proceedings and be
/ sent to an asylum. His own lawyers adj
vised this course. it was said, but he
would not consent.
| Judge Roam asked Attorney Arnold yes
lterday during the hearing whether
Mitchell could not now be arraigned for
; lunacy
Mr.. Arnold said that this would not be
satisfactory as an act such as he was
accused of might be caused by tempo
rary insanity, and that a man would not
like to be branded for life by one I'M
ust1aI