Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-28
M'NAUGHTON. ESCAPES
GALLONS; GIVEN LIFE
Governor in Granting Clemency Declares He Is
Convinced of Emanuel County Doctors
Guilt, but Favors Mercy.
Continued from Page I,

state he is not to be the only one
| bound by no law.
In this case the defendant was
tried four months after the death of
| Flanders. He introduced no evidences
although there were witnesses in the
courtroom. related to defendant, now
making affidavits on which a pardon
Is asked. The defendant is allowed
the last speech If he introduces no
evidence This is an immense advan-
tage, but II he takes the chance and
loses, II must require a clear case
for the Executive TO afford a remedy
New Evidence insufficient.
THE presumption is that wise and
experienced counsel know there Is no
beneficial evidence to be introduced
In this case | am assured by counsel,
for whom ! have the highest regard
that all the evidence is newly dis
covered
That contained I'm the extraordi-
nary motion for new trial, heard by
| Judge Rawlings, different Judge
| from the one who tried the case, has
i been adjudged by a Superior Court
| judge and the Supreme Court as in
| sufficient to change the result. II
was contended that the defendant
could not get a 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
essariiy unaffected. No motion for a
| change OF venue was argued.
Il am, however, Inclined to think
! there was a general belief in the
guilt of the defendant The rumor
| had gotten abroad that doctor oc-
| cupying the sacred position of ply
stefan to a family had debauched a
mans wife and then poisoned him.
II was hard for the jury to correctly
weigh the evidence as to the poison
ing after being convinced Of the for
mer.
Symptoms Manifested.
THE doctors in their evidence de-
| livered by affidavit since the trial
! differ In many 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 testifes to the
intense diarrhea on the night of his
death. thus providing n most charac-
teristic symptom.
This would explain the emptiness
OF the stomach to which the chemist
| refers and is in line with the testi-
mouy that when large doses are given,
being a powerful corrosive, II may all
| be practically eliminated In addi-
| ton, the amount that was absorbed
indicated that il had been given be-
fore in smaller doses until a fatal
dose was taken.
Tt is contrary TO human experience
that men take arsenic in this country
I haN h.
would be rare and the purchase OF
arsenic would be the subject of COM
ment, especially since its sale in pol
sonous form is unlawful
II IF Fred Flanders had taken IL prior
to his being confined to bed, during
his sickness, that which he had taken
would under the uncontradicted evil
dence have been practically. II not
! entirely, eliminated. 1t is inconceiv
able and not suggested by a line of
| evidence that he could have inten-
tionally taken any while sick and suf
fering the agonies OF burning stom-
aCh. when every dose would renew
the pain
McNauuhton Alone Prescribed.
AS a layman, l. like the jury as
| laNmen. must pass on the question
| Arsenic in a large quantity was found
| in such limited urea as to show II
| caused Flanders death The Jury so
| found on the evidence DR. Nc
NauEhton alone prescribed for him
| out Of his own drug store. The acute
! sickness was coincident with Elan
ders' intended departure for Thorn
asville
IF Flanders was affected with
| every known disease. but arsenic was
| the cause Of his death. the offense
was murder DR. 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
With this situation then. what
must I do? Two physicians have teS-
! titled that from reading the evidence
| they think there is a reasonable doubt
| - TO arsenic oCcasiouing the death Of
| Flanders. Other physicians make af-
! fidavits that certain symptoms were
| not IN harmony with arsenic poison
! ing.
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 S,r the constipation, during
! his siCknesF. Atfidavits show he may
have had kidney trouble or other in