Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-12-03
JUDGE NORRIS
SAYS GOVERNOR
IS IGNORANT
Judge Morris Comes Back in An
other Letter in Which He As
serts that Governor Is Not
Only Ignorant, but In
consistent.

which has been on for some time past,
in letter which he writes from Ellijay
under date of November %.
Judge Morris accuses Governor Brown
not only of being densely ignorant in re-
gard to the law and the powers vested
in him by law. but charges him with be-
ing inconsistent.
In regard to his discharge of a jury
in Cobb county for failure TO bring in a
verdict to the evidence. Judge Morris
quotes his order ssttink forth the fact
that the verdict of the jury was opposed
10 the evidence and the precedent was
likely to lead TO more ''blfnd tigers" in
Marietta than now exist 81 ss.--
He concludes by stating that Governor
Brown had better be careful In his ref
erences 10 the DISCHARGE OF juries If he
does not want to tread on &'yours Uncle
Jinlfs toes. "Fr@s2 ats-
JUDGE NORRIS REPLY.
The reply foIlowsi
''Ellijay. Ga. Nov. .. 1907
Gov. Joseph NJ. Brown, Atlanta, Ca
Lear Sir: Your communication of the
9th instant received-I am at Ellijay this
week and hence my reply from here.
In your former letter you denied that
you had any authority under the law to
set aside a judgment and sentence OF
my court and order a different one. ]
took issue with you on this point and
quoted certain parts OF the constitution
of this state that not only gave you au-
thority to set aside judgments of the
remit any part of sentence for offerses
against the state. 49, 1888 - ~ NJ
I'm your last letter you have reversed
your former positiOnrend now agree with
me on this point. 50 I will take II for
granted that it Is possible for you to com
NIT error. ~. ."-
by quoting at length i'm your letter
from the decisions of the supreme court
in the cases of Moody Tvs. Davis, 10 Ca.
All, and Kelly VS.. Strause, 1l6 Ga, ss4 IN
support or your contention that bad au-
thorfty under the law 10 set aside the
verdict OF the jury in the kellogg case
on my motion or fix a penalty other than
the one I passed simply places you IN a
most ridiculous light in the eyes Of the
legal profession OF the state.
by doing this you may be able TO mis-
lead a few people who know absolutely
nothing about law, but there Isn't law
Yer in Georgia but that knows when the
iury N the Kellogg case returned YER
dict OF guilty. without recommendation.
1 was compelled under Sec 6S, Vol. OF
the Code, TO pass the death penalty.
CHARGES DENSE IGNORANCE.
state from Justice of the peace up. IN
nv opinion. that does not know that |
could not set aside the verdict OF the
iurv in the kellogg case In the absence
~ motion for a new trial, and that Hao
no authority to make a notion 60
st oouid not intimate any opiHfon as
- tbe g,,ilt of the accused or what YER
tasrt they should render, as VII be seen
from sec. 1882 vol. q the Soae, wnie an
s. as follows: 1T is erTor for the Jnage
OF the superior COURT ~ AZ q CO 9, a ,l
ing its progress, OF In bis ensrse 70 Slle
s,,V,- 70 express OF intimate his opinion
- 80 vvl,at mas or has not been proved,
- ss IN the guilt Of the accused; ana q
,.toI,,ior, or; the provisions OF this sec
a., .bsu ne held by the supreme court
- no error. and the decisiondn such case
reversed - oi,,,r
-. C,F course Il is well established
o-fnr,ple OF law that judge OF the SUI
oerIor court can direct Verolcts, grant
non suits. etc.-in civil cases out ne can
not do Il in criminal cases-no lawyer WIN
contend to the contrary -.
..S,.S,-s-ror vau showed considerable tenn
,sr In your last letter-you got mad. In
stead of discussing the issue between US,
vnu discuss the fact that l discharged a
iurv in Cobb county a few weeks ago on
account of a verdict they rendered did
mat and the following is a correct copy
OF the order.
ORDER IN THE CASE.
II uassed Immediately after the jury re-
turned their verdict to Wit: .es ~.
~T'he state VS. Austin Dunn. No. WOO.
Cobb Superior Court-March Adjourned
Term. 1903. All. - r..
upon trial. Henry Baldwin testified posi-
lively that he purchased whisky from this
defendant on different occasions, within
two years before the finding OF this bill
Of Indictment in the county OF Cobb; VIII
BRYANT another witness for the state tes-
tilted that he saw Henry Baldwin buy
the whisky on one OF the occasions testi-
fled to by Baldwin. and saw him pay the
money for It; neither one of these wit
neSses were impeached, and no effort was
made to impesch them. The defendant
offered no evidence. but made his state
ment in his own defense in which he de-
MED making the sale. An effort is being
made on the part of the officers of this
court to break UP the Illicit sale OF whis-
ky in Cobb county, which seems like has
broken out in every corner; ii is impossi-
l bic TO get the best citizens Of the county
to testify concerning these matters for the
reason that they do no visit or patroniEe
| blind tigers. IL the 1urteS VIII not act
upon positive evidence when II stands un-
impeached, II simply means the licensing
OF various parties TO sell whisky contrary
/ to law The jury I'm this case, under the
above stated facts. saw proper to return
a verdict finding the defendant not gull
1 ~. This jury is discharged for the term.
| This September IA. 1909.
N A. MORRIS.
Judge Superior Court. Blue Ridge Cir
cult
I'm view of your claim that you are a
strong prohibitionist-I- did not suppose
that you would criticise me for endeavor-
I ing to enforce the prohibition laws against
notorious blind tiger operated by a
negro in your home city.
During the same week Of this trial
/ about a dozen parties in and around Ma
rietta were convicted for the Illicit sale
i OF whisky. i gave practically all of them
chain gang sentences. Some OF their sym
pathizers claimed at that time that you
Z would pardon them in a short time. They
I must have known what they were talk
/ ing about for you pardoned one of them
/ Lizzie Teasley, a negress, last week. She
/ had served about two months OF the six
months sentence I gave her
/ IF you are not careful about criticising
I judges for discharging juries you will get
| judge OF this district he did the same
| thing.
/ Respectfully.