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


Fred's estate. which was presumably
worth exclusive OF insurance, be-
tween $4,000 and $4,000. IN SWANS
boro they were laughing and talking
with no evidence Of grief
DIR. McNaughton went down TO
Townsville that week to look after
property for the widow.
Relatives Are Aroused.
THE suspicious OF the dead mans
relatives being aroused. the body was
eXhumed and seven eighths Of
grain of arsenic was found in the
liver, kidneys, heart and stomach,
each being analysed separately. 1t
had been absorbed, and the indica-
tons were that much larger quaint
ties were in the remainder Of the
body. Arsenic was the cause Of the
death. II was tasteless and odorless
and in the opinion Of the chemist was
administered as a white powder
Arsenic being eliminated rapidly. 1t
would have been impossible for de
ceased TO have taken that found in
his stomach prior TO May II, 1910,
because in twelve days It would have
practically been eliminated and death
did not occur until eighteen days
after the man took to his bed.
"A doctor must have administered
the arsenic, because a dose would be
$40 to 1-20 OF grain, and layman
giving It would have probably given
such quantity as to produce immedl-
ate death.
The defendant introduced no evi-
dence. He did not offer to prove his
good character. He urged no mo-
ton for change of venue. He was
represented by able and experienced
counsel. Twelve jurors who heard
the evidence found him guilty the
presiding Judge not only approved
the verdict, but declined to exercise
the discretion granted him in cases
of 'circumstantial evidence to sub
Etitute life Imprisonment for the
death penalty. on hearing before the
Supreme Court, five of the six Judges
Joined in affirming the judgment. l
think the evidence amply sufficient TO
support the finding.
Question of Mrs. Flanders.
Emphasis has been laid on the
failure to try Mrs. Flanders. The
States counsel give as their reason
for entering the nolle prosequi their
inability TO prove guilty knowledge
on the part of Mrs. Flanders in ad-
ministering arsenic. While they can
prove intimacy with Dr. McNaughton.
infatuation with him and a lack of af-
lection for her husband on Mrs.
Flanders part, they say that many
married women are guilty of unchas-
THY who are unwilling TO assassin
ate their husbands.
There being no logical connection
between the two, they could only pro-
duce suspicion, but no evidence OF
knowledge of the poisonous CharaC-
ter of the medicine DR. MCNaughton
was providing from his pharmacy.
This is their position and ii seems TO
me a forcible one. The guilt of one
is not necessarily dependent upon
that of the other. In any event, II two
people are guilty. the escape from
Justice of one is no eXtenuation OF
the others offense
Il have endcavored 70 fairly present
the contentious made Gand the sub
stance of evidence introduced.
The Observation-Disclosures and unre-
liability of trial by affidavit and hear o
say will be apparent to everyone auQ
is especially known to every lawyer.
No right of cross examination exists.
no opportunity 10 sift the evidence, TO
examine into the interest of the wit
ness and the accuracy of his reCoi-
lection. He signs the affidavit in the
general form provided for him. The
expert witnesses can not have hy-
potheses submitted to them adapted
to the facts. Delicate lines of demar
cation between symptoms can not be
observed.
Position Of Governor.
while the Governor, if convinced
that a Grand Jury, a jury, triaI
Judge and the Supreme Court are an
wrong and the defendant is innocent
should pardon, yet he, in the pleni-
tude OF power, should be certainly
most clearly convinced an injustice
has been done. He never saw the
witnesses nor had the means sug-
Rested by human experience Of de-
tecting the truth.
IF he reviews anew each record
and finds in cold type the same num-
her of witnesses swearing each way
he would invariably find doubt and
set aside every such verdict, unless
guarded by a spirit of reverence foI
trials a. jury and the forms pre-
scribed By law for the ascertainment
of the truth Of all citizens of the