Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-04-08
w. H. MITCHELL HAS LOST
THIRD FIGHT FOR LIBERTY
Pardon Board Again Turns Down Petition Of Prominent
Convict in Strange Case From Thomas County-MfcheI
Must Finish Service of Years Changing Sentence-II-
ness no Plea Says Board

/ William III. Mitchell, of Thomas coun
| ty, now serving a l2-months imprison
, ment sentence under conviction Of as
sault and battery on Miss Lucille Lin
ton. OF that county. will serve that sen
tence to it's finish. The state prisoi
board declines to favor his prayer foi
Communication. Inasmuch as Governor
Brown refused to accept the boards rec
ommendation on a previous application
that Mitchelfs sentence be mitigated z
service at the prison farm, the actor
Of the chief executive on the board
refusal of the present application seems
TO be a foregone conclusion.
Mitchell has served about six months
on his sentence. He was in continent
for several months prior to last Septem
Der. during the course OF his case through
the courts. resulting In the refusal bS
the supreme court of his application FOL
new trial: and during the hearing Of
his former petition for clemency, which
also availsd him nothing.
In its opinion on the present applica
ton the board, over Chairman G.. r
Hutchens' signature, takes the position
that the evidence warranted the convic'
ton and the conviction warranted the
sentence; and that If Mitchelrs health IL
bad, requiring the attention of a special
list. he or his friends may employ such
medical skill in addition to that Furnish
ed by the regular camp physician as they
see nj. The application was based on
those grounds. s-
Mitchell's sentence being under convic-
ton of a misdemesnor, he is serving his
time in Thomas county. Recently the
prison board learned through the report
of one of its inspectors that Mitchell oc-
cupied quarters in the county jail and
had never gone out TO the county, works.
The board Immediately ordered that ne
be turned over to the county warden
and placed in the convict~csmp.~ He has
done no work. The camp hospital has
been his place Of confinement IT is
urged that his physical condition rem
ders him unfit for work. ~ '3Ft
PRISON BOARDS DENIAL.
Following is the conclusion Of the COM
mission. written by Chairman Hutchens.
declining to recommend Mitchell's petit
ton to the favor Of the governor:
THE application of the defendant was
ssed upon the allegation that he is in
capacitated for manual labor on ac-
count OF some kidney and bladder
trouble-that he wants TO be carried to
a hospital to be treated by 8 specialist
in such diseases-he insists that this is
the only way his health can be perms-
nentlN DenenteO-
"As to that part OF the application
which states that the defendant is unable
II perform manual labor, the prison
commission begs leave to say that II this
Is true Il is no reason. in its Judg-
ment for a Communication of the sentence.
for to commute the sentence upon this
ground would be establishing precedent
that would. il followed in like cases, re-
suit in the discharge OF number OF con-
victs who are unable to do hard work.
but who have violated the law, and who.
il not able to work. are able to violate
the law again, and again be discharged
on. account of i'll health.
As we view the law, confinement ~
10 protect society and to punish, whEe
the work required OF the convict is an
incident thereto As TO the particular
disease and the necessity for It's treat
nent by a specialist, we would say that
this might be true. and yet we do nor
think this is sufficient TO warrant US IN
recommending executive elemency. We
see no reason why permission cannot be
granted to the defendant by the prison
commission 10 employ physicians spe-
cially skilled in the treatment OF such