Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-28

from the one who tried the case. has
been adjudged by a Superior Court
judge and the Supreme Court as in
sufficient to change the result. 1t
was conteRded that the defendant
could not get fair trial because Of
prejudice against him. Many wit
nesses testify before me pro and con.
The case was tried by Judge Gilbert.
judge of a distant circuit, and nee
essarily unaffected. No motion for a
change of venue was argued.
Symptoms Manifested.
The doctors in their evidence de-
livered by affidavit since the trial
differ in manv particulars and in
many they agree They agree that
many symptoms OF arsenic poison
were those manifested by Flanders,
and that arsenic may produce symp-
toms of acute nephritis, with which
many think he was affected. The
nephew of deceased testifies to the
intense diarrhea on the night of his
death, thus providing a most charac-
teristic symptom.
This would explain the emptiness
refers and is in line with the testi-
mony that when large doses are given,
being a powerful corrosive, it may all
be practically eliminated. In addi
ton, the amount that was absorbed
indicated that it had been given be-
fore in smaller doses until a fatal
dose was taken.
IF Flanders was affected with
every known disease, but arsenic was
the cause of his death. the offense
was murder DIR. McNaughtOn from
the beginning expressed doubt as to
recovery of the patient, yet refused to
call in another doctor. His infatua-
ton for the woman, a cause for which
men have sacrificed country honor
and all, supplied the motive. All this
has practically been determined by
the courts.
Evidence is submitted, though dis
puted under oath, that Flanders had
taken something a month before his
death which he called poison. He did
take some Ramon pills being patent
medicine for the constipation, during
his sickness. Affidavits show he may
have had kidney trouble or other in
ternal disorder prior to his sickness.
THE defendant said in 1909 that de-
ceased had a slight attack of renal
company that he found deceased suf-
fering from gastritis, complicated with
nephritis. Statements of prior good
character of defendant from other
States, and in this are made to me
now If all the facts now presented
to me while not justfying a new trial,
had been presented to the jury, would
not 1t have recommended mercy, or
would not the judge have exercised
his discretion in relieving from the
death penalty?
THE conviction was on circumstan-
tial evidence and one Judge of the
Supreme Court believed it did not ex-
clude every reasonable doubt. Two
Of the Prison Commissioners recon-
mended a pardon and one life i'm
prisonment.
1.-THE law provides that in case OF
conviction of murder on cirCumstan-
tial evidence the Judge in his discre-
ton, may sentence to life imprison-
ment. The jury's recommendation to
mercy would impose the same penalty
Thus, while the evidence may exclude
every reasonable hypothesis of inno-
cence, nevertheless, because of the
possibility of error the life of the
convict is saved.
Human life is sacred. It's protec
ton is the highest function of the
law. and the Governor, an officer
sworn to enforce it, should remember
its sacredness to the condemned
criminal as well as to his victim.
Believes Doctor Guilty.
Il believe the evidence shows the
guilt of DR.. McNaughton. Yet, the
expert testimony offered since the
trial by physicians of high standing
impresses the fallibility OF human
judgment Careless remarks made by
decea sed are quoted as significant of
other causes for his death.
Possibly the pills for his liver,
bought by deceased from the country
store were impure. When defend
ants lawyers told defendant that If
he would admit giving arsenic for
malarial fever, he would be acquitted.
the defendant denied it, saving he had
never administered arsenic. and the
Sheriff swears to overhearing this