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

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 evidence
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 If he takes the chance and
loses, II must require a clear case
for the Executive to afford 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 I have the highest regard,
that all the evidence Is newly dis
covered
That contained In the extraordl-
nary motion for new trial. heard by
Judge Rawlings, different Judge
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 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
essarily unaffected. No motion for q
change of venue was argued
Il am. however, inclined to think
there was general belief in the
guilt OF the defendant. The rumor
had gotten abroad that a doctor oc-
cupying the sacred position of ply
stefan to a family had debauched a
mans wife and then poisoned him.
It 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 testifles to the
intense diarrhea on the night of his
death. thus providing a most charac-
teristic symptom.
This would explain the emptiness
of the stomach to which the chemist
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 Chat was absorbed
indicated that ii had been given be-
fore in smaller doses until fatal
dose was taken.
ut is contrary to human experience
that men take arsenic in this country
as a habit When done, the case
would be rare and the purchase Of
arsenic would be the subject of com
ment, especially since It's sale in poi
sonous form is unlawful
IF Fred Flanders had taken it prior
to his being confined to bed, during
his sickness, that which he had taken
would under the uncontradicted evil
dence have been practically. il not
entirely, eliminated. II Is inconceiV-
able and not suggested by line of
evidence that he could have inten-
tionally taken any while sick and suf
fering the agonies Of a burning stom-
ach. when every dose would renew
the pain.
McNauuhton Alone Prescribed.
LAS a laVman, |. like the jury as
laymen, must pass on the question.
Arsenic in a large quantity was found
In such limited area 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. bat arsenic was
the cause of his death, the offense
was murder. DIR. MCNaughton from
the beginning expressed doubt as 10
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 ! do2 Two physicians have teS-
titled that from reading the evidence
they think there is a reasonable doubt
"a to arsenic occasioning the death Of
Flanders. Other physicians make at
tidavits that certain symptoms We're
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 pateuJ
medicine for the constipation. DURING
his sickness. Aiidavits show ne may
have had kidney trouble or other in
z