davidaulloa/AmericanStories huggingface dataset:
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-28
ShddOIU of Doubt in Mind
Of SIdtOnGiUes Doctor Life

The Governor sums the case up in
these words;
The jury had evidence before it on
which 1t could find these facts De-
PENDANT and Mrs. Flanders were in
fatuated with each other and were
criminally intimate. Fred FLANDERS,
his wife and defendant were living
in the same house. Fred Flanders
determined to move to Thomasville,
and having moved his furniture and
household effects, expected to take his
final departure on Thursday morn
ing
ON Wednesday night he became
sick, some OF his symptoms being
those of arseniCal poisoning. DIR. Nc
Naughton was the only physician who
prescribed for him, and these pre-
scriptions were filled by DR.. Me
Naughton himself from his own
apothecary's shop. When medicine
was given Flanders, he vomited ana
he suffered dimness of vision, pain in
the stomach and showed other symp-
toms found in poisoning by arsenie.
He said the medicine made him
worse. The night he didn't take the
medicine he was better Although
his patients sickness expressed dou ot
as to his recovery. he refused the iu-
sistent requests Of the patients rela-
tives TO call in DR. Smith, although
he promised to do so
Advised Against Moving.
He advised against moving Fred
to his brothers house Or. Green
Bell came only one time. and ne
thought Fred Flanders ought to be up
in two or three days. For eighteen
days. from May Il, 1910. to June i,
1910. he fingered taking the doses Of
medicine given by Or. McNaughton.
One Friday evening nobody except
defendant and Mrs. Flanders was
with Fred Flanders, and he died that
night He was buried on Sunday
and Monday morning DR. McNaugh-
ton and Mrs. Flanders endeavored 20
engage Mrs. burden to come to DR.
McNaugkton's house and keep house
for them. They got to Swainsboro
to Ordinary's Court before II opened
10 provide for admin stration on
Fred's estate which was presumably
worth, exclusive of insurance, be-
tween $4,000 and $1,000. In SWANS
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-28

boro they were laughing and talking
with no evidence of grief.
Relatives are Aroused.
The suspicious of the dead mans
relatives being aroused, the body was
eNhumed and seven -eighths of a
grain of arsenic was found in the
liver, kidneys, heart and stomach.
each being analysed separately 1t
had been absorbed, and the indica-
tions were that much larger quaint
ties were in the remainder of he
body. Arsenic was the cause of the
death. Ii was tasteless and odorless
and in the opinion of the chemist was
administered as a white powder.
"A doctor must have administered
the arsenic, because a dose would be
lao to l-20 of a grain, and d laymar
giving it would have probably given
such quantity as 10 produce immedi-
ate death.
The defendant introduced no evil
dence. He did not offer to prove his
good character, He urged no mo-
ton for change of venue. He was
represented by able and experienced
counsel. Twelve jurors who heard
the evidence found him guilty, the
presiding Judge not only approved
the verdict, but declined to exercise
the discretion granted him in cases
Of circumstantial evidence to sub
stitute life Imprisonment for the
death penalty, on hearing before the
Supreme Court, five of the six Judges
Joined in affirming the judgment l
think the evidence amply sufficient to
support the finding.
Question of Mrs Flanders.
Emphasis has been laid on the
failure TO try Mrs. Flanders The
States counsel give as their reason
for entering the nolle prosequi their
inability to prove guilty knowledge
on the part of Mrs. Flanders in ad-
ministerinE arsenic. While they can
prove intimacy with DR.. McNaughton.
infatuation with him and a lack of af-
lection for her husband on Mrs
Flanders part, they say that many
married women are guilty of unchas-
tity who are unwilling to assassin
ate their husbands
The unsatisfactoriness and unre-
liability of trial by affidavit and hear.
say Will be apparent TO everyone and
is especially known to every LAWYER,
No right Of cross examination exists.
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-28

penalty Thus while the evidence exclude
possibility
the life convict is
search for truth
would likely
While believe the evidence
Commission
sLATON,
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-28
M'NAUGHTON PROMISES
TO BEAR BURDEN BRAVELY

n 7 the very best my life is nearly spent. |
n have aged considerably since have been
here, and my life is much shortened. The
lack Of sufficient air, sunshine and life in the open
have affected my heart.
Pardoned-I would ply my chosen profession
until am called above.
Life Imprisonment would take up my burden,
a short while of the life of the last forty
months.
ConVicted-l would go to my death manfuy, for
death has no fears.-DR. w. J. M'NAUGHTON
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-28

strong, yet 1t is purely circumstantiaI.
One justice OF the Supreme Court dis
scented because Of the insuficiency of
the evidence. The entire Prison Com
mission recommend clemency. l be-
lieve it to be my duty to commute the
sentence of death to life imprison-
ment, and 1t is so ordered"
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-28

conversation unknown to each Of tho
parties.
After a full consideration of this
case from every aspect, after search
for truth from every available source,
l believe It my duty to do what the
Judge and jury would likely have done
in the light of the facts now before
me While l believe the evidence
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-28
Co.. Saon Says the Faibty of Human Judgment influenced

RYUMAN
a his
physicians standing mpress faiby
judgment
The conviction crcumant evidence
Commissioners
pardon Imprisonment.
Imprisonment
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-28

prieve that McNaughton was saved
to present his plea before Governor
SlatOn.
The present Governor has made an
exhaustive study of the case, from
the point OF view of a lawyer and of
layman as well, and has sifted ev-
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-28

cry word of evidence. working with
the records night after night, in ad-
dition to listening to lengthy pleas
from both sides. His statement ac-
companying his decision is long, con-
tanning about 10000 words He sums
UP the case in these words:
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-28
M'NAUGHTON ESCAPES
GALLOWS; GIVEN LIFE
Continued from Page I.

ration that human judgment is M
infallible, and that human life is 81
sacred to be hazarded upon opinion
even by experts. In his dcclaratio
that men may err, and that expert
might have erred in the McNaughto
case. the Governor outlined the fol
lowing reasons:
That while two physicians
testify as to an appearance
of arsenic poisoning, others
swear some symptoms were
incompatible.
That Flanders may have
imbibed the arsenic through
medicine he took of his own
accord.
That much Of the evidence
was in the shape of afiida-
Wits and Of 'hearsa ynature.
That he had no right Of
cross-examination in hearing
the evidence before him,
much of it being by affidavit.
That the difference among
members of the Supreme
Court bench ointed to a
doubt.
In rendering his decision commut
ing McNaughton's sentence to lif
Imprisonment. Governor Slatoi
adopted the dissenting opinion o
Prison Commissioner Patterson, VIII
recommended life Imprisonment, an,
OVERRIDE the majority opinion o
the board calling for "a full pardon.
Mrs. Flanders No Issue.
Governor Slaton refused to consid
er one of the principal arguments b!
McNaughton's attorneys, that Mrs
Flanders was never tried for aidinl
In poisoning her husband, although
she was indicted Jointly with the ply
stefan. The attempt was made to SHOW
that the dismissal of the case agains
the woman was unfair to the man
But the Governor held otherwise
indorsing the argument of the States
attorney that, although they coulC
prove Mrs. Flanders undue intimac!
with the physician, they had no proc
of her acquiescence in the poison
plot.
And thus is ended one Of the mos
bitterly fought cases in the Crimina
annals of Georgia 1t has lasted owe
40 months, ever since the death o.
Fred Flanders June 4, 1910, and ha;
attracted widespread attention. Tn,
case went even to the doors Of The
United States Supreme Court, al
though it was withdrawn before ar,
gument was held there, because tn,
attorneys for the defense considered
they had good basis for renewing
the fight in the State courts.
The case has torn Southeast Geor-
gla into opposing factions, and ha,
caused prominent fraternal or.
ganization TO take up officially tho
defense Of DR.. McNaughton, one OF
its members
Four times before, DR. McNaugh-
ton has been saved from the gal
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1913-04-30
TEN RISK FIRMS SUSPEND
BUSINESS IN MISSOURI
interests Almost in Condition of Panic
Antitrust Clause of New
Law Is Cause.

st. Louis, April 23.-Because OF the
antitrust clause in the new Orr law;
ten more big insurance companies
have notified their agents in ST. Louis
to suspend business in this state aft
er April 80 and business and financial
interests are in panicky condition.
The order already has caused for
eign mercantile and financial concerns
to curtail their business in Missouri,
and in some instances big companies
have sent notice to customers here
that they will no longer extend credit
unless safe insurance is shown by
dealers.
The Home Insurance company OF
Missouri is the largest OF the COM
drawal. The Home has received more
than 100000 year in premiums from
Missouri, and was not expected to
quit. The other companies which will
not accept new business after this
month are the Globe and Rutgers of
New York, the Michigan Fire and Ma
rine, the Detroit Fire and Marine, the
pany, the County Fire Insurance COM
pany of Philadelphia, the Pennsylvania
of Philadelphia. the Phoenix OF Hart
ford, the California and the British
American Assurance company of To-
ronto.
With the rapid dissipation OF the
claim of state officials that the insur-
ance companies were "bluffing," bust
ness men have inaugurated concert
ed effort to find a solution of the di.
lemma, which is without precedent In
business annals. The Real Estate ex-
change. Bankers club, Ben Franklin
club. which represents the wholesale
paper industry; the stationery men and
the book publishers, appointed commit
tees to confer with other committees.
In spite Of the condition Governor
Major says he will stand behind the
new law and will not call 2 Special ses
sion to repeal IL
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1913-04-30
EXPRESS COMPANIES LOSE
Cent in Wisconsin, Says
Managers.

Madison. -Testimony that the parcel
post had taken 20 per cent of the bust
ness of express companies was given
before committee of the legislature
by Edwin S. Mack, representing the
American Express company, and E. W.
Mailer, general manager of the same
company at Chicago. They protested
against the passage of the Hurlbut
bill proposing to cut Wisconsin rates
20 per cent. Mack said the company
had noted falling off in business
from to per cent each month over
the same periods last year
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1913-04-30
PUPILS WIN POINT.
Committee VIII Make inquiry on Pitts
hurah School Superintendent.

Committee VIII Make inquiry on Pitts
burah School Superintendent.
Pittsburgh, Pa, April 24.-The
strike of school children as protest
against S. l.. Heeter, superintendent
of the public school system, who last
Friday was acquitted by jury OF two
serious charges preferred by a domes-
tic employed at his home, gained
great proportions on Tuesday when
nearly 100000 children, most of them
pupils in the schools, marched or ran
wild about the streets here.
When she tried to cross Pennsyl-
vania avenue, one of the main thor
oughfares of the city, Angelina Dlsera'
aged three, of Fourteenth street. was
run down by a street car and Killed.
While rioting was in progress ali
over the city the school board met,
quickly discussed the situation and ap-
pointed a committee of citizens to In
vestigate the charges against the su-
perintendent and report back TO the
board.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1913-04-30
NAY PROBE BALL TRUST"
Congressman Would Have Committee
Gather Facts.

Washington, April 24.-Declaring
that the American and National
leagues of professional baseball clubs
was 1.-The most audacious and auto
cratic trust in the world" Represent
tative Gallinger of Illinois on Tuesday
introduced a resolution in the houses
calling upon Attorney General Mickey
nolds to make a thorough investiga-
ton into it's workings. The case OF
Iyrus r. Cobb, center fielder of the
Detroit club and leading batsman in
the American league last season, was
the direct cause for the introduction
of the resolution asking for an inves-
tigation.
Spring ''holdouts" are as regular as
the southern training trips and about
as numerous as the stars who have
shone the previous season. But always
they have settled their difficulties
with the club owners by the time the
season opened That is all except Ty-
rus. He has hitched his chariot to
$4,000 figure, and all other offers are
spurned.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1913-04-30
TO KILLED, 50 ARE
ENTOMBED IN MINE
Cavein Follows Blast in Pennsy-
vania Shaft.
SCORES OF MINERS TRAPPED
Fire Breaks Out, Threatening to Burn
Bodies of Victims Before
They Can Be Ia
ken Out.
SCORES OF MINERS TRAPPED

Pittsburgh, Pa, April 25.-Seventy
miners, whose bodies have been re-
covered, lost their lives In the Gin
cinnati mine of the Pittsburgh Coal
company at Courtney, Pa, by an ex-
plosion of gas on Wednesday.
1t is thought that about fifty others
are entombed behind the cave-in and
they are believed to have been suffo-
Gated by the afterdamp which filled
the workings within a few moments
after the explosion.
The mine officials are unable to give
the exact number of men underground
at the time the accident occurred, but
it is estimated at nearly 200. OF this
number 70 were rescued alive, or found
their way to the surface through the
two other openings.
The violence of the explosion put
out of commission the ventilating
blower and the cavein broke the air
pipes, rendering it impossible to force
air to the imprisoned men.
Fire which broke out soon after the
explosion is raging through the run
ways, and unless the rescuers are able
to clear away the cavein within a few
hours it is feared that the bodies of
the men still remaining underground
may be consumed by the flames.
The fire and the cavein is hampering
the rescuers in their work.
One of the most pitiable figures in
the disaster is Superintendent Charles
Carter, whose son, John, was killed,
and whose other son, Joseph, barely
escaped with his life after seeing his
brother killed. Mr.. Carter has been
working unremittingly since the acct
dent occurred. He refused to be inter
rupted by the news Of his sons death.
He has headed the rescuers and en-
ployed every means to bring order out
of chaos.
The scene of the accident is about
ten miles from Mariana, where five
years ago $50 miners were killed In
an explosion.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1913-04-30
SCUTARI IS CAPTURED
AFTER LONG SIEGE
ish Fortress in Europe Following
24-Hour Battle.

Cettinje, Montenegro, April 24.-Aft-
er final desperate attack, lasting "a
hours, the Montenegro troops have
forced their way into Scutario. The
fortress for six months. since the mid
die of October, 1912, had offered a
stubborn and heroic defense. The act
CT capitulatiOn was signed by the
Turkish commander shortly after the
Montenegro troops had reached the
center of the city.
The assault which gave the Monte
negrins possession of the city, which
has been the sole object of their war
against Turkey, began Monday night.
The Montenegro army took the Of
fensive along the entire front. 1t COM
pletely surprised the Ottoman de-
tenders by pushing right up to the
Turkish positions, where the combat
ants engaged in close bayonet fight
ing.
According to one report, Essaad
Pasha, the Turkish communicating
chief, realized the uselessness of fur
Their resistance after the outlying key
position of Tarakosch had fallen. He
is said to have ordered his troops to
cease their defense of the fortress.
Another report says that the Monte
negrin commander-in-chief had been
negotiating since Monday with Els
saad Pasha for the surrender of the
place. Still another account says that
the Turkish troops defended the city
until the last.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1913-04-30
MORE ARGUMENT|N
EKERN CASE ASKED
REHEARlNG IN CONTROVERSY is
ORDERED BY THE STATE
SUPREME COURT.
REHEARING SET FOR MAY IS
Now Believed That Final Decision Will
Be Handed Down About June list,
Settling Title to Office and Other
Points in Controversy.

Madison.-A decision in the Mccoy
ern-Ekern controversy may not be
handed down by the state Supreme
court before the last Of May or the first
of June. The court has issued an or
der for the reargument of the follow
ing questions:
Question l. Section $40 of the stat
utes which says that due process of
the law as guaranteed by the constit-
ution, be pursued in removing an offic-
err.
Question 2. Does due process of the
law in such a case entitle the officer
attempted to be removed to a reason
able notice of the hearing and Of the
particular charge, a reasonable oppor-
tunity to be heard in person and by
counsel, to know the adverse evidence
to be considered, a right to cross-ex-
anime the opposing witnesses and pre-
sent all material evidence in his own
behalf?
Question 8. If an order for the re-
proceeding without according these
privileges to him is it valid?
Question 4. Is it jurisdictional re-
quirement Of an order under the re-
noval statute that it be based on evil
dence, taken according to the essen
tials of due process of law, which in
some reasonable view sustain the
charges against the person accused
which will warrant his removal and il
so was such case made as to Mr..
Ekern?
Argument on these questions will be
heard on May 13.
The general feeling among attorneys
who have read the questions is that
they mean the court will decide all the
questions involved in the case, includ-
ing the title to the Office, instead of
combining itself to the mere Injunction
suit This is what Mr. Ekern's at
torneys asked in the former argu-
ments.
The call for new arguments was hail
ed with rejoicing in the Ekern camp.
1t was accepted there that the ques-
lions indicated that the question of
title to the Office of insurance commits
sioner was to be tried along with the
other question.
The governors friends were not SO
jubilant, but expressed themselves as
satisfied if the validity of Gov. Nc
Governs action was to be taken up
now when the whole question would
be settled.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1913-04-30
GRANT BALLOT TO WOMEN.

Pennsylvania Legislature Adopts Con-
stitutionai Amendment Resolution.
Harrisburg, Pa, April 24.-With
barely the necessary number of votes
in favor of the measure, the senate
passed the joint resolution proposing
an amendment to the state constitu-
ton to give the women the right to
vote.
The measure had previously passed
the house, and, after It's adoption by
the legislature of 1915. it viii go to
the people for ratification
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1913-04-30
fLSlN 70 SEND
| BRYAN TO COAST
-fsrnia Willing 10 Receive Sec
rotary Of State.
nj COUNSEL ON LAND LAW
..l,,u,.. While Holding Right to
.,i,Iats on Subject for State,
Is Agreeable to Presi-
dents Purpose.
|uI COUNSEL ON LAND LAW

:,cramento, Cal, April 25.-Gover-
robnson, replying to a message
/, President Wilson on Wednesday
.+og if it would be agreeable to the
--srnor and the legislature of this
- n have Secretary of State VIII
Bryan visit Sacramento to
-,spI with them regarding the pro-
nod alien land laws said:
I shall at all times be pleased to
,nlt with the secretary of state,
In will be entirely agreeable to me
have the secretary visit Sacramento
suggested in your telegram"
legislators find themselves con-
~n-ad with an unprecedented situa-
h On the anti-alien bill.
Par President Wilson had tele-
a,bed both houses of the legislature,
4 also the governor, that he wished
send Secretary of State William
innings Bryan to Sacramento to
ansel" with legislators concerning
land laws to be adopted.
. Is soon as the receipt of the presi-
hts message became known Sena-
rA F. Boynton, president pro tenn.
Il he senate, got the administration
aieB into a conference in the gov
nus Office to formulate some Pro-
passive party policy in the matter.
3 vas finally decided to quote the
g5deHt's telegram in a whereas and
Bow that with the following:
Now, therefore, be it resolved by
! senate of the state of California,
q while this senate respectfully
2lails the right of the legislature
the state of California to legislate
tie subject Of land ownership with
he state, it will be entirely agree
to this senate to have the secre-
p Of state Of the United States to
Oh Sacramento for the purposes in
aiei in the presidents telegram,
Il
8e it further resolved, that in view
lie propable early adjournment of
legislature, the secretary of the
7a'e be and hereby is instructed to
a'nlt forthwith the resolutions by
F3Tam to the president"
Tbs was the resolution finally car
to the senate.
aGanento, Cal, April 24.-The
sled policy Of the California admin
1a'loa On the alien land ownership
.Alon was made known officially
'lsn an exchange of kilograms be-
Tl resident Wilson and Governor
.asol On Tuesday.
'o'eTnor Johnson and his party
-,'s IN the senate favor a bill ex-
aug nom land ownership in the
\ all aliens ineligible to citizens
~ Ine laws Of the United States.
! ! law probably will be passed,
's0e OF the objections from Wash
:, assertion is made by the COVER
'aa' state law of this nature
~ not be In contravention of any
-1s treaty. He is upheld in this
W the majority leaders in the
\. VINO met with him and agreed
'as iorm Of the telegraphic re-
" resident Wilson's message.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1913-04-30
Curb Fancy Dances.

La Crosse-If the feminine mem
bers of the faculty of the state normal
school here wish to turkey trot and
bunny hug they will have to learn
other than under state auspices, ruled
normal school when he Cancelled a
contract with G. M. Caskey of New
York city, who came here to teach
the normal teachers the latest steps
in dancing
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1913-04-30
Cuts Levee: Is Killed.

Arkansas City, Ark. April 22.-
Prompt action by Deputy Sheriff
Wise in shooting and killing Ed. Rob
.inson. formerly levee worker. pre-
vented the cutting of the levee at this
place and the overflow Of thousands
of acres of valuable lands. Robinson
was shot only after he had threat
ened to kill the guard, kill as many of
the workers as he could and cut the
levee He was drinking at the time.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1913-04-30
'"sMsN GIVEN INCREASE.

Oaoses Between 10 and IL Per
~. Vent by Arbitration Board.
lork, April 25.-Firemen ON
VT eastern railroad on Wednes-
,se Granted pay increases vary
\, a'l 10 to Z per cent. by the de-
~, y the arbitration board select
II rss' The Erdman act, and which
IL, . o..i Its rulings by publication.
~. S0'OV' men are affected by the
an = uemand for two fremen on all
-, engines, however, is denied, al
.ss "A 81 provision is made to have a
i fireman put on when neces-
n, @ssFd standardizes the roads by
~, NE pay Of the dremen on the
s ~ u locomotives on drivers and
Il ~; ing ten hours or less, or 100
a y = less shall constitute a days
\. = al classes Of service.
~ -Iemen are relieved of all clean
'@Iu was unanimous