The Marietta journal. (Marietta, Ga.) 1918-1944, 1919-05-16
LETTER FROM GOVERNOR
SAYS HE WAS MISLED IN
GEORGE GARDNER CASE
Attorney Clay's Memory Bad
in Making Affidavit
Governor Learns True Record From
The Marietta Journal and Issues
Order shat Negro Be Sent Back to
Gang to Serve Sentence of Court.

last issue of The Marietta Journal the
long criminal record of the negro,
George Gardner, whom he had releas-
ed from the Cobb County chaingang
last week, he called us on the phone
and stated that he had been deceived
about the facts in the case, and fur
Their stated that he had notified Her
bert Clay that unless he could show
that the criminal record of Gardner,
as published in this paper, was un-
true, that he would revoke his order
of last week and Immediately send
Gardner back to the gang to complete
his sentence.
We are also in receipt of letter
from Governor Dorsey, explaining his
position in the matter which we print
below:
The Governors Letter
81 was presented, last week, with a
recommendation on the part of the
Prison Commission, that / should COM
mute to fine of $500 the sentence
imposed on George Gardner at the
July term, 1918.
"The Commission, in their order,
said, This applicant has served his
full sentence with the exception of
48 days. He has made a good pris-
oner, is a full trusty in the camp at
which he is working and enjoys the
confidence of the camp and county
authorities, and his Communication is
recommended by the Solicitor-Gen-
eral, the Sheriff of the county, and
various other citizens
"On looking into the record, l
found that this request was recon-
mended by a large number of citi-
zens of your county. Mr.. Herbert
Clay presented in person this appli-
, cation, and stated verbally to me that
this man, George Gardner, had not
been previously convicted of viola
ton of the prohibition laws of the
state. 1 told Mr.. Clay / could not
commute the sentence of this man,
that | would not pardon him, but in
view of the short time that he had to
serve, would, upon the payment of
the costs, be willing to probate him
for the balance of his term. This
means that the Prison Commission
should permit him to work out the
remainder of his sentence wherever
they saw fit, and upon such terms and
conditions as they might see fit to
impose. l then requested Mr.. Clay,
or rather told him, that l could not
grant the order unless l had an aft
davit to the effect that this man had
never been previously guilty of vio-
1ating the prohibition laws of this
state. Thereupon Mr.. Herbert Clay
signed an affidavit, copy of which is
attached hereto. Upon this affidavit
being made, | granted a probation"
(Signed) Hugh M. Dorsey.
Affidavit of Herbert Clay
Georgia, Fulton County.
Personally appeared before the I'M
dersigned, Herbert Clay, who being
I duly sworn, states that he is personal
ly acquainted with George Gardner,
who is now serving sentence in the
Cobb County changing for having
whiskey in his possession.
Deponent says this is the first time
the said George Gardner has ever
been convicted for violation of the
prohibition laws of Georgia. He
makes affidavit for the purpose of be-
ing used in the application of the said
George Gardner to have his sentence
reduced.
Deponent is interested in the said
party, not as attorney, but from the
fact that he formerly worked and
lived with deponent and the depon-
ent's family.
(Signed) Herbert Clay.
Sworn to and subscribed before me
this thirtieth day of April, 1919.
(Signed) C. A. West,
Notary Public State-at-Large.
Written Statement of Herbert Clay
Mr.. Clay, on being shown the let
ter of Governor Dorsey, gave the
Journal the following written state
ment:
"When made the affidavit to Gov
ernor Dorsey, L made the same aDso-
Iutely in good faith; l had never
heard of George Gardner being con-
victed of selling whiskey until after
the publication of the same in last
Aweeks issue of the Journal. That
conviction was prior to the time l
was Solicitor General and l had no
connection or recollection of the
same" (Signed) E. H. Clay.
Clay's Memory Fails
In this last statement, Mr.. Clays
memory seems again to have totally
failed him. for minute book T, page
674, of Cobb Superior Court, in the
office of the clerk, of date November
%, 1911, shows when case number
2199, which was an Indictment for
selling liquor, against George Gard