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


bound by no law
TN 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, 1t 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 in the extraordi-
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. It
was contended 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 distant circuit, and nee
essarlly unaffected. No motion for
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 n doctor oc-
cupying the sacred position of ply
sician 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 nephritls. 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
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 II 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 fatal
dose was taken.
ut is contrary to human experience
that men take arsenic in this country
as a habit. When done, the case
hn no ,, Of
arsenic would be the subject of COM
ment. especially since its sale in poi
sonous form is unlawful.
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 intAn-
tionally taken any while sick and suf-
fering the agonies Of burning stom-
ach, when every dose would renew
the pain
McNauohton Alone Prescribed.
AS a layman, l. like the jury as
lavmen, 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 50
found on the evidence DIR. Nc
NauChton alone prescribed for him
out Of his own drug store. The acute
sickness was coinCident with Elan
ders' intended departure for Thorn
asvne
II 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 Cf 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 / DO? Two physicians have teS-
/ flied that from reading the evidence
! they think there is a reasonable doubt
as 10 arsenic ocCasioning the death of
! Flanders. Other physicians make af-
/ iidavits that certain symptoms were
| not in harmony with arsenic poison
| ing
Evidence is submitted. though dis
| puted under oath that Flanders had
! taken something month before his
death Which he called poison He did
| take Sohe Ramon pills being paten,
medicine for The constipation. durin5
his sickness. All avits show he may
have had kidney trouble or other in