Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-05-24
SATTERF|ELD FACES
GALLONS AS F ||VAL !
PLEA IS REJECTED
Slayer of Brother in-LaW Is
Doomed to Die Between
10 and a Friday

4 o'clock on Friday, j. b. Satterf1eld,
slayer of his brother-in-law, r. H.
Hart, in January, 1922, will pay
the extreme penalty of the law on
the gallows in the Fulton county
Jail.
This was made certain on Thurs.
day, when the state supreme court
refused to issue writ of mandamus
to compel Judge John D. HUMPHREYS,
Of the Fulton superior court, to GER
tify a bill of exceptions on an extras
ordinary motion for a new trial pre- ,
scented Wednesday by Attorney Muir
ply M Holloway, counsel for the
condemned man.
The application for mandamus was
heard by five of the six Justices.
composing the court. Justice Beck
was out of the city. The vote was
four to one against the application,
Justices Russell. Hill, Gilbert and
Hines voting to deny the writ and
justice Atkinson voting to grant it.
Uily One Chance Left
Attorney Holloway stated imme.
dlately after learning the decision
Of the supreme court. that only one
avenue Of escape remained for Sat.
terteld-an appeal to Governor
Walker to appoint lunacy commits
sion to determine Satterfield's SAN
lty or insanity. The governor passed
through Atlanta Thursday enroute
from Rome to Cochran, where he
speaks on Friday Attorney Hollo-,
way planned to communicate with
the governor, either in person or by
long distance telephone, and urge
the appointment Of such a commis-
sion, and the granting of a respite
until report could be obtained.
Attorney Holloway presented his
mandamus petition to the court with
In thirty minutes after Judge HUM
phrles had declined to certify the bill
OF exceptions which the defense coun-
sci had prepared after the judges re-
tusal to entertain the extraordinary
motion on Wednesday.
The extraordinary motion was the
last resort Of the defense. Had it
been entertained by Judge HUM
phrles. and rule nisi issued to the
solicitor general to show cause why
the motion should not be granted.
the execution automatically would
nave been stayed, pending a formal
hearing OH the merits of the motion.
LIZ, after such a hearing, the notion
bad been overruled, the defense could,
nave carried the case to the supreme
court. Judge HUMPHREYS refusal to
entertain the motion, however, gave
the defense only one course of action.
TO seek an appeal on bill of excep-
tons and also to seek a mandanus
II the trial judge refused to certify
the case.
Similar to DuPre Fight
Practically the same legal situa1
ton developed in the case Of Franls
DuPre, who was hanged in 1922 for
the murder Of Irby Walker, a Pink!
erton detective, in the hold-up of the
Nat Kaiser jewelry store on Peach
tree street. In the DuPre case. after
all other methods had failed, the SUI
preme court was asked to mandamus
Judge HUMPHREYS and compel him
to issue a writ Of habeas corpus.
This the supreme court declined to-
do and the execution was carried
out.
Satterfeld's extraordinary motion
was submitted to Judge HUMPHREYS
on Thursday and denied on the
ground that it had no merit. 'Attor-
ney Holloway Immediately prepared
a bill Of exceptions and presented I.
to Judge Humphries at the opening
Of court Thursday morning.
Declining to certify the bill Of ex-
ceptions, which would have sent the
case to the supreme court and would
have postponed Satterfield's execu-
ton, Judge HUMPHREYS expressed the
view that the supreme court I'm.
doubtedly would pass on the man,
damus petition Immediately.
Judge HUMPHREYS order declining
to set aside the bill of exceptions
follows:
"The defendant, J. 3. Satterfield,
was tried and convicted on the
charges Of murder and sentenced to-
be executed. He made a formal mo-
ton for a new trial which was reg
ularly heard by the court and be-
ing overruled the defendant filed
bill of exceptions to the supreme
court where the order of the court
declining a new trial was affirmed.
| The defendant has, therefore, had
his day in court, and has had one
appeal to the supreme court.
No Merit, HUMPHREYS Says
'The defendant having presented
to the court a petition in the nature,
Of an extraordinary motion for a
new trial the court declined to en-
| terrain the same for the reason that
it contains no merit and involves
no grounds for granting the defend
ant a new trial.
THE within bill Of exceptions be.
ing rendered to the court. the court
declines to entertain or certify the
same for the reason herein stated"
The new trial motion was submit
ted by Attorney Holloway, counsel
for Satterfield. along with several af-
fidavits in support of the contention
that new evidence had been discov-
cred, and also to support the conten-
ton that Satterfeld was mentally
unbalanced at the time Of the crime
and ia now insane.
Iudge Humphries declined to grant