Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-11-08

trial. The motion was lost, but the ex-
ecution OF the sentence was stayed
On December Is he learned that Mrs
Flanders had been released on bail Of
$4,000. She should never have been
arrested" was his laconie remark
In January OF 1911 he appealed his
case to the supreme court, but on July
10 the highest Georgia tribunal sus-
tanned the McNaughton verdict OF death
on the gallows.
He stin struggled desperately. RE
pleaded for a new hearing IN the SUI
preme court on August IT, 1t was rs-
fused. Then he gave notice or appeal
to the highest court Of the nation.
In January Of this year his case sud
denly was Withdrawn from the United
States supreme court in order that he
might make an extraordinary motion
for new trial in the Emanuel superior
court
The nature Of this motion was anx-
iously awaited, and on April the ply
/ stefan was taken back to Swainsboro
and resentenced. The date of the
hanging was fixed for April 10 His ex-
traordinary motion was then heard. 1t
was based on afiidavits made by Mrs.
! Flanders and others that Flanders had
been in the habit OF taking medicines
not prescribed by his physician and
that in this way he may have received
the arsenic.
! Last Card Of Defense.
| The defense then made another re-
markable proposition. The lawyers de-
clared they were ready TO stand by the
verdict II Mrs Flanders were brought
to trial and sentence should be stayed
until q verdict could be returned In this
ease The motion was taken unde'
consideration.
The court finally denied both mo
ton and proposal, but counsel announe-
ed another appeal to the supreme court
! Of Georgia once more the execution
was stayed on July II. the supreme
| court sustained the judgment of the
lower court. and McNaughton was re-
manded 10 the Emanuel county tribunal
for resentence.
! But the doctor did not give up hope.
| While his friends fought for a commu-
| tation OF the sentence to life imprison-
ment, he calmly declared that he would
never hang, and his counsel announced
they would once more try the United
States supreme court
! On October 90 he was once more ar
raigned in Swainsboro and heard the
death sentence again passed He had
| grown accustomed to It. He did not
betray more emotion than would he on
having been instructed to eat eggs for
breakfast. November % was fixed as
the date OF execution.
Widow Must Be Tried.
Then McNaughton's friends began to
work on the governor and the prison
commission They asked why the case
OF Mrs. Flanders had never been tried.
| They asserted that Ii this was done,
| McNaughton would be cleared. They
insinuated that the political power of
the Flanders family In Emanuel was
blocking the trial They declared they
wanted McNaughton, an innocent man,
to so To the gallows.
! Governor Brown listened. He then
Issued his pronunciamento that Nc
Naughton never would hang until Mrs,
! Flanders is tried.
! And that trlal stiii hangs nre. Wheth-
er the executive order will force the
! trial of the widow, whether McNaugh-
ton is allowed to languish in Jail for an
| indeterminate sentence. awaiting her
/ hearing, whether q change of admins
| tration finally will write the concluding
chapter to the story remains to be seen.
| The fact remains that McNaughton is
/ 81 hAli -
/ issue viii he forced. that Mrs Flanders
will be brought to trial, and when that
is done he once more viii take his po-
sition as a respected physician of Geor-
| gai