Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-09-19
BOARD WILL HEAR
PLEAFORL|FEO Of
NJ NAUCHTON
Commission Can Only Make
Recommendations, Governor
Alone Holding Mans Fate.

the Georgia prison commission has
agreed upon THURSDAY October 3. as
the date upon which it will hear argu-
ments for and against a recommenda-
ton of DR.. ". J. McNaughton to exec
utive clemency in the famous poisoning
mystery.
The governor. alone stands between
Naughton and the galows. The pris-
on commission has no binding author
ity in the matter Its recommended
tons may or may not be accepted by
the executive.
The McNaughtoi case has been
fought eXhaustively through every tri-
bunal that might consider it. The de-
PENDANT has lost at every turn. 1t is
absolutely and finally up to the gov
ernor, at last No human agency can
save McNaUghton from death now, if
the governor refuses clemency.
The man was convicted more than
two years ago of numbering Frederick
Flanders, Of Swainsboro, in Emanuel
county.
He was 2 practiciue physician OF
repute and standing in his vicinity. and
| lived in the same house with Flanders
and his wife, Minnie. Flanders sick
ened. died and was buried in appar-
emily natural circumstances.
| Doctor Accused Of Crime.
Some time after Flanders death. foul
play was suspected, largely growing
out of alleged friendship between Nc
Naughton and Mrs. Flanders. The body
of Flanders eventually was exhumed
and traces Of arsenic were found in an
analysis of his stomach
1t was shown that DR.. McNaughtop
| had treated Flanders through his last
illness, and a charge of murder was
lodged against him.
The physician was arrested and upon
circumstantial evidence was convicted.
Then began an amazing legal battle
| TO save McNaughton' life. His attor-
neys appealed for new trial in the su-
perior court and were turned down.
Then they went TO the supreme court
of the state. and again they lost. Next
they got the case into the Federal
courts and although they went straight
through to the supreme court of the
United States, they lost at every point
After the supreme court of the Unit
ed States had passed upon the case an
effort was made to get it before the
state supreme court again. upon an ex-
| traordinary motion The supreme court
dismissed the motion.
| McNaughtons one final and abso-
| lutely only hope now is executive Glenn
ency, And whether the prison COM
| mission shall recommend that Is the
question set for hearing on October 8.
Many Believe Him Innocent.
There are scores of people. familiar
with the details of the case, who be-
| Heve McNaughton absolutely innocent.
Physicians have testified that the
arsenic found in the dead mans stom-
I8ch might have come from an en-
balming fluid.
| McNaughton, asked by his attorneys,
if he used any arsenic in the medicine
he gave Flanders in his last illness,
stoutly maintains there was none
Urged that it might help his case to
have a contrary fact esta blished, he
still denied that he used medicine on
! Flanders containing any trace of
arsenic. or other deadly drug.
McNaughtou. in jail in Savannah,
protests his innocence vehemently. He
says he yet has faith in human JUS
| tice and in God He does not believe
he ever will go to the gallows.
An effort was made to implicate the
dead mans wife, Mrs. Minnie Flanders,
in the murder, and she was indicted,
| but the case against her never was sus-
tanned.