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

The Georgia prison commission has
agreed upon Thursday, October 8, as
the date upon which it will hear argu-
ments for and against recommended
ton of DR. w. j. McNaughton to exec
utive clemency in the famous poisoning
mystery.
The governor alone stands between
Naughton and the gallows. The pris
on commission has no binding author
ity in the matter. It's recommended
tons may or may not. be accepted by
the executive.
The McNaughton case has been
fought eXhaustlvek 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 a practicing 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.. McNaughton
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's life. His attor-
neys appealed for a new trial in the SUI
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-
traordnary motion. The supreme court
dismissed the motion. Isl,
McNaughton's 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 3.
Many Believe Him Innocent.
There are scores of people, familiar
with the details of the case, who be-
lieve McNaughton absolutely innocent.
Physicians have testified that the
arsenic found in the dead mans stom-
ach 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 established, he
still denied that he used medicine on
Flanders containing any trace of
arsenic, or other deadly drug.
McNaughton, 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.