Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-04-08

diseases. and in conjunction with the
county physician, give the defendant nee
esssry medical attention. The prison
commission does not feel warranted III
permitting the defendant to be removed
from the convict camp hospital. but, on
the contrary, think that he should be con-
fined according to law and the regula-
lions governing discipline Of convict
camps.
THE crime for which the defendant
was convicted, in view of the evidence, is
q serious one. and we think the u months
sentence by the court should be carried
out.
The prison. commission declines To
recommend clemency. Respectfully sub
mitted.
&c. r. HUTCHENs,
Chairman Prison Commission"
CASE A FAMOUS ONE.
Thus for the third time do W. H.
Mitchelrs efforts gail to free him from
the punishment of the law,
The whole case Is one of the strangest
In the court records OF Georgia. Mitch
ell and Miss Linton are both OF very
prominent south Georgia families. The ut
ter lack Of any apparent motive for the
abduction or attack, the news of which
stirred the state to wonderment, and the
vt,'y circumstances and conditions and
method Of the attack itself have made the
case a strange puzzle. To this day IL
has not been satisfactorily solved. Dozens
OF theories have bene advanced for its
explanation but none with authority.
Mitchell was first tried I'm December,
1908, In Thomas county. Judge l.. s. Roam.
OF the Stone Mountain circuit, was on
tho bench during the trial. The jury try
ing the case reduced the charge to assault
and battery, a misdemeanor and convict
ed Mitchell Judge Roam sentenced him
to serve Il months in the changing.
Mitchell applied for a new trial. which
the supreme court finally, several months
afterwards, refused to favor. On August
10. 1909, he was granted a respite by Gov
ernor Brown, that his application for
clemency might be heard by the prison
On August 80. 1909. the prison
board heard the petition for commute
ton of sentence. Mitchell was represent
ed by Reuben r. Arnold, of Atlanta, and
Col. Thomas Eason, a former member of
the prison commission. His plea was in
oorsed before the commission by three
OF his old classmates at Emory-Judge
John S. Gambler, of Atlanta: George I.
Teazley. of Canton. and II. Warner Hill.
a member of the railroad commission.
Statements in Mitchell's behalf were made
TO the prison board by Judge c. P. Han
John Dekle, of Thomasvllle; Stanley Ben
nett, of Quitman, and Judge John s.
Gambler The application was fought on
behalf of the state by Congressman w.
NJ. Howard and Robert Lee Avary, of
Atlanta.
OPPOSED BY MISS LINTON.
Any reduction of the sentence was also
opposed by Miss Linton and members OF
her family.
On August 81 the commission transmit
ted to the governor its conclusions in the
case, favoring mitigation of the sentence
to service at the state farm instead Of
in the county changing. But Governor
Brown refused to consider even that rec
and ordered that Mitchell
go to the chaingang. On September ],
1909. after a year in jail, Mitchell be-
San the service of his sentence.
The personnel of the, commission has
been changed since the first application
for clemency was heard. by the death
of former Chairman ]. s. Turner, and the
appointment OF Judge Hutchens. Judge
Hutchens. however, takes the same view
as his predecessor, and. the commission
is unanimous in its refusal to recommend
elemency.