Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-10-01
Writes About Pardons

Writes About Pardons
To the Editor Of The Journal: From one
az a series OF editorials in which you
conpars the record Of two administra-
tons m the exercise OF the pardon power
i attract the following comment on the
exercise OF cleEency. by Governor Brown
m the vandeford case. which appeared
In an issue OF The Journal OF the lSih
instant:
presslv excepted from the law OF condi-
ffonal pardon, and yet. after serving three
wears Of his sentence OF - years, WANDER
eo-a vas granted by Governor Browns,
among the first Of his ofhcial acts. an un-
conditional pardon" Then you add: This
new era in Georgia calls forfurther eA-
planations. Give Us the facts
without suggestion from Governor
Brown. or any one else, I make answer
10 your request. Since Governor Brown
gave his reasons for committing Nande-
ford 10 present service" at the time the
mar was discharged from custody. there
can be no need for further explanations.
But I viii give you some facts In this
case which you seem to have overlook
ed
vanderford was sent up from Gwinnett
county. in 1906. for a term OF % years
Tor assault Had the jury been fully sat
isned OF his guilt. death penalty would
have been the verdict
A short time after Governor Brown was
prosecuted this man, came to the exc
cutive office in person. and made strong
apueai for his Communication TO present
service. He used these words. In letter
10 the governor: II am not satisfied for
him 20 remain in confinement longer
stating that he did not believe that van
derford was guilty of the crime charged
in the indictment. This appeal OF the
prosecuting officer was supported by
strong petition Of $50 names OF law-aoid-
ing citizens
on the recommendation OF the prison
commission. Governor Brown commuted
the sentence which remained unserved
1.-TWO years.. to present service He did
not grant him. as you state, IAN uncondi-
fionaI pardon"
one OF the last acts OF Governor Smith
was TO take Is years of the sentence OF
this very man. The record shows that
he did this without submitting the case
70 the prison commission. In the reasons
given Governor Smith said: There are
peculiar facts connected with this case
that raise a doubt as to the character
or the onfense. do not discuss ii more in
detail on account OF its nature" And this
a the reason that IL cannot be debated
IN the public press. But IL the defendant
was not guilty. as later claimed by the
prosecuting attorney. and over eco citizens
there was no justice displayed in COM
neIsing him 20 serve another day
II Governor Brown made a mistake In
committing him TO present service, there
by giving him less than two years on
the original sentence, Governor smith
committed an error eight times as serious
IN cutting Is years OF the original SEN
tence.
IN regard to the pardon granted Heit-
man. convicted OF bigamy in Barlow su-
perior court, and sentenced to three years,
this action was urged by i've physicians,
Who stated that Hoffman was unable 10
serve his sentence. due 10 trouble that
necessitated an immediate operation.
which has since then performed. learn,
without success. The governor had to be
governed by the record presented, and
since the application was not contested
the pardon was granted In regard to
Judge Ffte's claim that IL was the worse
case OF the kind he ever tried, his mind
now must be different from what II was
AZ the time defendant was sentenced, or
he would have given him the limit OF the
law This he did not do. for ne sentenced
him for three years. whereas the limit is
four years II IS fair TO Judge F1te to
say he has stated that he does not blame
the governor, OF the prison commission,
after talk with the executive
IN presenting d1 70
the pardon record of two governors. with
IN the first three months OF their admin
istration, you place in capital letters the
felonies psrdoned by Governor Brown,
whereas you print in small letters such
acts OF clemency by Governor Smith
relate 10 robbery and assault with intent
to murder. Was this merely an unfair
prank Of the types?
You speak Of the wholesale use OF pow
er 20 turn loose seven felony convicts IN
one day" II Is fair TO state, IN this con-
nection that the activity displayed by
Governor Smith in turning loose" con-
victs near the close of mis- administra>
ton tended to quicken interest. as II
punched hits IN those strenuous closing
days. Nearly every case passed upon BY
Governor Brown was in the hopper OF TO-
view when he took the oath or once.
But he has not passed on a single case
that was not first considered by the par
don board
7 viii write this not by way OF expla-
nation. nor with feeling or resentment,
and submit that my words pear out the
view. but solely in answer to your re-
dEest: Give US the facts" I have tried
70 give you all the facts-the people are
entitled 70 know them-and I take IL
that you will be fair enough TO print
what Is herein written in all the issues
% 1he Journal Of the date of its publ
cation Very respectfully.
BENJAMIN NJ BLACKBURN,
Atlanta, Ga. Sept 2. 1903.