Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-01-28

= morning. No requisition papers y
= were demanded and the boy assert =
p ed when leaving that he had made y
p no confession.
George Burge will not hang on Friday.
January 2S.
Once more on the eve of his execution,
with the shadow of the gallows falling
sharp across the bars of his cage in muir
derers' row. the condemned man is given
a new lease on life.
Governor Brown gives him respite of
so days, that the habeas corpus matter
now certified to the state supreme court
in a bill of exceptions from the Fulton
county court, may be threshed out and
adjudicated.
Frank Britton, step-son of Burge and
own son of the murdered Mrs. Burge, is
on his way back to Atlanta without ex-
tradition papers having been issued. He
will attempt to clear his own name OF
the charge which has been lodged against
1t, that he murdered his own mother ana
committed the crime for which his step
father is under sentence to hang.
BURGE VERY GLOOMY.
Burge, for the first time since the death
sentence was passed upon him many
weeks ago, was depressed and gloomy,
Thursday. He seemed to have lost hope.
He spoke to no on :, was wild-eysd, fever
ish and restless. Asked questions, he
only stared in reply. He was waiting mo-
meItarily for word from the capitol,
where his fate hung in the hands of Gov
ernor Brown.
The governors decision to respite Blrge
for a further 60 days was not given out
till after / o'clock Thursday afternoon.
During the morning Governor Brown hac
heard the whole matter out, with Judge
Robert L. Rodgers, attorney for Mrs.
BURG, appearing to argue for the delay.
and Solicitor Charles d. Hill, of the
Fulton county courts. arguing against
1t.
THE POINT OF Law.
The point which has resulted In a de-
lay of Burgess death was raised original
ly in the Fulton county courts by Judge
Robert L. Rodgers, representing Mrs.
Rurge.
He filed a petition of habeas corpus,
alleging that Burge was illegally held,
that he had been illegally convicted and
sentenced, that the court which tried him
was illegally constituted, and that Judge
Gilbert, of Columbus. who heard the case.
had no right to sit in the courtsAof Full
ton county.
Judge Ellis denied the petition. and
Judge Rodgers filed a bill of exceptions.
Inc Oil Was several ddyS dEJ d.
Judge Ellis to the state supreme court.
where it now has a place on the calen-
dar. 1t will be advanced for hearing, II is
said, in view of the circumstances, in
order that 1t may be disposed of within
the Gu days.
In allowing thes respite, Governor Brown
acts upon the recommendation of both
Chairman Hutchens of the prison COM
mission and Judge Hart, attorney gen.
eral.
WHAT HUTCHENS SAYS.
81 have carefully read the application
and exhibits, and do not think there is
any merit therein writes Chairman
Hutchens, with his recommendation.
But tnasmuch as there is a legal ques-
ton raised, and in view of the fact that
it is a capital offense and the man is
sentenced to the death penalty. and also
that the stay asked is only for so days.
l see no good reason why the sentence
of execution should not be stayed for this
length of time, Notwithstanding l think
the judge in the lower court made no err
ror."
Says Judge Hart: ST fully concur In the
course suggested by Mr.. Hutchens and in
the reason given by him. The safer
course for. the executive would be to
respite the accused until the supreme
court may finally pass upon the bill OF
exceptions
REQUISITION DECLINED.
Governor Brown on Wednesday after
noon declined to issue requisition for
Britton. Attorneys Thompson and Hey
ward presented a formal application
which had been approved at the Office
of Solicitor Charles d. Hill by one of the
solicitors Office force, in accordance with
usual custom.
But in this instance Solicitor Hill re-
pudiated the application and asked that
il be returned to him. He said he is
convinced the efforts to bring Britton
back to Atlanta were at bottom merely
for the purpose of causing a little delay.
He said he would not personally have
signed the application for requisition;
that If Britton were brought here for
trial he would not prosecute the case. as
he believed it had no merit, and that the
prosecution would have to get some other
solicitor general TO look after 1t for them
1t seems that when Burge was on trial
the step-son was accused of the crime, by
implication at least, and Mr.. Hills opin-
ion of the plea, formed then, has not
altered.
AFFIDAVIT EXHIBITED.
Attorneys Hayward and Thompson ex-
hibited an affidavit signed by Frank
Crowley, of Admission, Ala, saying that
his son had told him that Britton had
confessed to him Che SOM to having
killed his own mother, but had protested
the killing was accidental.
Attorney General Hart sat with
the governor during the hearing of
the case. At it's end tie governor allow
ed Solicitor Hill to withdraw the appli-
cation, and the case was closed.
From Admission come press dispatches
saying that young Frank Crowley, whose
father made the affidavit that. was ex-
hibited at the hearing Wednesday, has
confessed to his father that the story was
a fabrication of his own mind, and that
Britton never made any such confession
as alleged.
Deputy Sheriff Plennie Miner has
gone to Birmingham to get Judson Brit
ton, who has said he would come back
to Atlanta without requisitien papers.
The officer Is expected to return with