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

bound hv 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 II he introduces no
evidence. This is an immense advan-
tage, but II he takes the chance and
loses. Il 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 10 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 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 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.
Il am, however, inclined to think
there was a 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
,He YtHtf hi
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 II had been given be
fore in smaller doses until a fatal
dose was taken.
1t is contrary to human experience
that men take arsenic in this country
as a habit. When done, the case
!. ct
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 inconcelV-
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 a burning stom-
ach, when every dose would renew
| the pain
McNauuhton Alone Prescribed.
CAS- a layman. /, like the Jury as
| laymen, must pass on the question.
| Arsenic in q large quantity was found
| in such limited area as 10 show II
| caused Flanders death The Jury so
! found on the evidence DR.. Nc
| Naughton alone prescribed for him
| out OF his own drug store. The acute
| sickness was coinCident with Elan
| ders' intended departure for Thorn
asviUe.
III Flanders was affected with
every known disease. but arsenic was
the cause Of his death the offense
| was murder DR. McNaughton from
| he ha, mn - m
| 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 ! do? Two physicians have tes-
titled that from reading the evidence
they think there is a reasonable doubt
as TO arsenic oCcasioning the death Of
| Flanders. Other physicians make at
fiGavtts 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 Nor the constipation. during
his sicknAss. Ahi7ayits show he may
have ha5'hdney trouble or other in