The Dawson news. (Dawson, Ga.) 1889-current, 1922-06-13

| Saturday night in Fulton superior
court. Atlanta, of Mrs. Cora Lou Vim
son to hang for the alleged murder
of her husband, many newspapers in
| this state are citing the hanging OF
Susan Eberhart's 1873, more than
half century ago, as the only legal
execution of a white woman III Geor-
gia.
Some OF these papers are saying that
! Governor James Milton Smith COM
mitted political suicide in refusing to
heed the floods Of petitions that pour
| ed in upon him for Communication OF
Susan Eberhart's death penalty to life
! imprisonment, and the public prints,
! furthermore, are stating that the peo-
| pie felt so outraged over the Govern
or's action is not saving the woman
! from the gallows that they overWhelm-
ingly defeated him for reelection IN
the year following her execution.
According to my reading of history
! Governor Smith was not defeated for
reelection. While serving with lion
heart, dauntless spirit and strong in
tellect as speaker of the Georgia house
of representatives in the awful days
Immediately following reconstruction,
! he was, on December Q, 1871, trst
elected governor to fill the unexpred
! term of Rufus B. Bullock In October,
! 1872, he was reelected governor Tor
/ the ensuing full term OF four years ne
ably, fearlessly, patriotically occupied
| the gubernatorial chair from January
liz, 1877, a period of FIVE years, year
! longer than a governor is now eligible
to serve, consecutively. He was not
candidate to succeed himself at the
end Of his second term, and Alfred II.
Colquitt was chosen his successor.
Shortly after Smiths retirement
from the governorship, Governor Col
quit appointed him a member OF the
railroad. commission, which had Just
| been established, and he was elected
its chairman, being the first chairman
OF this body, which position he held
for his full term of six years, Upon
his retirement from the commission
he became judge of the Chattahoochee
superior court circuit, which Office he
was occupying at the time OF his
death, November 20, 1890.
Woman Sought New Trial
Enoch Spann and Susan Eberhart, on
i the night of May 4, 1872, at Spann's
house, in Webster county killed
! Spann's wife, in order that they might
marry each other At a special term
of Webster superior court Judge Jas.
NJ Clark presiding, in the then pres
ent month and year Of the crime, the
man and woman were convicted and
sentenced to hang.
1t will be observed that the murder
and conviction occurred in May, elgh-
teen hundred and seventy-two (l872)
and in the following October Govern
or Smith was reelected.
The motion for a new trial was
overruled by Judge Clark, and Susan
Eberhart, by her attorneys, Willis A,
Hawkins and Thomas H. Pickett, ap-
pealed her case to the supreme court
The state was represented by Solicitor
General Charles F. Crisp, afterward
speaker of the national house of repre-
sentatives, and Charles T. Goode. AT
the January term eighteen hundred
and seventy three $3.50, of the SUI
preme court, Hiram Warner, chief
Justice, the judgment of the Webster
superior court was affirmed. Associate
Justice Henry Kent McCay rendered
the decision.
The Court Was Panied.
The concluding paragraph of the
courts opinion, in refusing new trial
for Susan Eberhart, was as follows:
1T gives Ns great pain to be COM
PEELED by our sense of duty to the law
and to the public to affirm this judg
ment. We have, however, no sympa
thy with that sickly sentimentality
that springs into action whenever a
criminal is at length about to suffer
for crime. Il may be sign of ten
der heart but it is also a sign of one
not under proper regulation. Society
demands that crime shall be punished
and criminals warned, and the false
humanity that starts and shudders
when the axe of justice is ready to
shike, is a dangerous element for the
PEACE of society. We have had too
much OF this mercy 1t is not true
mercy. 1t only looks to the criminal,