Message of Governor Joseph M. Brown to the General Assembly of Georgia, June 28th, 1911

MESSAGE
OF
Governor Joseph M. Brown
TO THE
General Assembly of Georgia
June 28th, 1911.
ATLANTA, GA.
CHAS, P. BYRn, State Printer, 1911.

MESSAGE
OF
Governor Joseph M. Brown
TO THE
General Assembly of Georgia
June 28th, 1911.
ATLANTA, llA. CHAS. P. Bnw, 8tute Printer,
HJll.

STATE OF GEORGIA.
EXECUTIVE DEPARTMENT, ATLANTA, GA.'
JUNE 28, 1911.
To the General Assembly:
During the past year our people have been blessed by benign Providence with bounteous crops, with an extraordinary volume of general business, and with freedom from plagues or other dangerous infectious diseases. Health, happiness and prosperity have been our portion. Thanking our Heavenly Father, therefore, for all these blessings of His mercy, let us pray His protection and guidanre during the future.
I deem it a matter of congratulation that our State has had within the past few months more freedom from agitation than has been her fortune for several years past, and that in all quarters our people have shown more of the spirit of co-operation on conservative lines.
Apd let me here observe that conservatism does not mean inertness. It does not mean lack of progress; but it means progress in an orderly course. It means the upbuilding, not on a foundation of mushrooms or sand, but upon one of stone; not denunciation, but deliberation; not cross purposes, but con-

4

GovERNOR 's MESSAGE.

fidence. lt means, not the scintillation of the sparks, but the welding together of the material warmed in the fire of patriotic accord. It means impartial and complete protection of all classes of people and all species of property; that labor and capital each have rights, and that honest government holds the scales so as to balance equally in weighing those rights, hence, we have progress that brings results that stm1d with eonservatisrn and deliberation as balanee wheels.
Let me here impress upon you, however, that it is our duty to watch and to work, and that He who ruleth all will strengthen in their earthly duties 1hose who help themselves; hence, in looking back onr the events of the past year, I deem it of primary importance to call your attention to the fact that in nothing ean onr State so make herself a :;;tanc!ard of attraction to rPsponsible men as in the enforcement of her l:nvR. Laxity in this respect invite:;; erime. ( 'rime not only destroys or impairs thP power of the good people of the State, but, if unpunished, brings a lack of security, which will mean a loss of not merely in population, but in property values. I therefore urge upon your honorable bodies the supervision of those laws which permit techniea1ities, which too often defeat justice. These
encumbrances to safety should be removed.
And upon the subject of the making of laws and their enforcement allow rne to say that the people of Georgia, more than possibly those of any other State in the American Uni0n, have held to them-

GovERNOR 's MESSAGE.

5

selves- a control which they have abstained from delegating to those who are termed their general officers. The greatest amount of freedom possible to the individual citizen, with the least authority compatible with good government in the hands of officials (and that authority builded pyramidically, reserving to those in closest contact with the people all that it is possible to withhold from those higher up) is the keystone of our governmental structure. Local self-government is the essence of authority in this Stute. Practically all laws affecting the personality of the citizen must be administered in the county of his residence. The Governor of the State has no essential authority over the officers of the counties, and virtually none over other officers of the State government. For instance, it has been the policy of the electorate to reserve to itself the power of removal, not even permitting the suspension of officers except in rare eases and even then reserving approximately the veto function. Thus it is that t.he people, jealous of their rights, hy the mandatory and coercive power of public opinion, compel the enforcement of laws they approve or make of no effect those they condemn.
Georgians inherently are law-abiding, and our State takes second place to none in the general observance of law and the preservation of order. But it would be the acme of self-stultification for us to close our eyes to facts that in themselves are not flattering. Evil must be recognized before it may be undone. Under our system of govern-

6

GovERNOR 's MESSAGE.

ment, the force of public opinion being necessary to the consistent enforcement of law, there are occasions when aroused local sentiment leads to actions violently in contempt of law; and there are laws, in the letter applicable to all the State, which are ignored in the spirit in some communities where prevailing public sentiment does not approve of them.
It may be argued that public opinion is the highest law. In a way this is true; for the written parchment is nothing-it is the spirit of which the writing is the crystallization that possesses power.
rt'he State owes it to its own dignity to have no laws which are not enforced. If they cannot be enforced they should be repealed or substituted by some that can be. If they are necessary to the protection of society, machinery should be provided if necessary by which they may he enforced.
Law enforcement is the bed-rock of civilization. Respect for the law lessens no citizen's freedom but is his badge of admission into all the liberties 'and benefits of government. No Jaw can be ignored without injury to government and danger to the liberties and well-being of the people.
But enfo'rcement cannot be secured by the mere enactment of more laws, unless by them, machinery, possibly obnoxious to the principle of local self-government, is created.
Therefore, you, the legislative bodies delegated directly by the people of the counties and senatorial

GovERNOR 's MESSAGE.

7

districts to do their will-you, who may with propriety be termed the crystallization of the peoplehave upon you in many respects a more weighty responsibility than has any co-ordinate branch of the State government. You initiate, you enact; you, within constitutional bounds, empower or limit. You are elected to REPRESENT THE PEOPLE in the matter of enacting legislation they desire. You create the motive power and :fix the course in which it can move. The executive and judicial departments but keep it moving in the grooves prescribed by you. I, therefore, urge you to conservative and patriotic deliberation whereby you will enact only such laws or perform only such other acts within the purview of your powers a5. will be upheld by the willing consent and enforced by the active co-operation of the people.
And I charge you to differentiate between spasmodic passions, usually circumscribed and often mistaken for concrete public sentiment, and that crystallized public opinion which is now and ever will be, so long as the republic stands, higher than any ink and paper statutes. Do not labor in fear of the :first and forget not the ultimate sovereignty of the latter.

FINANCIAL CONDITIONS.
From the exhaustive and clear report of the Comptroller-General, you will note that the general valuation of properties in the State is now greater than ever before in our history. The increases of

8

GovRRNOR 's MESSAGE.

the past year attest the growing prosperity of the commonwealth. At no period has the future been brighter or the immediate past more encouraging.
Nevertheless, rigid economy should ever be your watchword in dealing with public funds; and the present condition of the State's finances require special care on your part in this respect.
I must urge upon you great caution in making appropriations. During the past several years expenditures have crept upon income so closely that the State has been unable to increase its '' working eapital"; on the contrary, it has probably decreased. Inasmuch as appropriations are made far in advance of collections, lack of harmony between the two often results. During the past several years increases in appropriations very likely have exceeded gains in revenue. The State has been falling behind in meeting many obligations. During the past year increases in appropriations for two purposes alone--schools and pensions~have been greater than the additions to the usual revenues.
Therefore, unless abnormal growth in income is nssured, increases in expenditures must be avoided, or a deficit of embarrassing proportions may have to be faced within a few years.
rrhe general conditions brought about by 1the legislation of your predecessors in office have failed to aid in bringing a condition of affairs wherein the school teachers can be promptly paid. I especially call your attention to that status and urge your

GovERNOR 's MESSAGE.

9

attention to the justice of making prompt pa:yiments of the salaries of the teachers.
Our entire fiscal system is out of date and cumbersome. rrhe financial year beginning in the midst of the fax-gathering period, and appropriations often being made two and one-half years in advance, and the State lacking a modern method of accounting, there is no way of determining beyond all question the present or prospective condition of our finances. The confusion resulting may be illustrated by the fact that we always begin the year with a substantial balance in the treasury; but are compelled to seek loans in order to tide affairs through late summer and early fall when collections regularly are meagre. Figuring from one premise a large and growing deficit is patent; on another, the State begins each year with a gratifying surplus.
But the necessity for borrowing funds has become pressing earlier and earlier each year, excepting those years when the situation was relieved by the receipt of extraordinary revenues; thus indicating that instead of the condition of the State's finances improving, we are falling further behind as time passes.
I would suggest that your honorable bodies take steps to learn the true condition of affairs, in order that you may be guided by the facts as they are. At the same time, it might be well if you would take action looking to a complete reformation of our fiscal system by the substitution of methods and

10

GovERNOR 's MESSAGE.

means that will enable you and this Department to become advised of true conditions at any time.
T,his Department can only disburse that which is raised by means initiated by you, and then ~ppropriated by you. Skillful disbursing of revenues means much, but Rkill cannot in the end make a dollar cover an appropriation of more than that amount.
It should be your aim to place our treasury in that condition whereby each obligation of the State may be met when due; if this can be done best by a policy of retrenchment you should not hearken to the many pleas for new or increased appropriations.
In this connection I would call your attention to the crying .need of a better system of auditing accounts. Neither the Comptroller-General's nor this office has the clerical force necessary to making that minute inspection of bills and claims which the demands of plain business require. I am confident an auditing department, with authority to supervise all expenditures, would save many times its cost each year.
Briefly, I direct your attention to the need of a more business-like method of assessing property for taxation. The present voluntary system is productive of inequalities that inflict serious injustices. Every species of property should be forced to bear its proportionate share of the tax burden. There is no other feature of our State government in greater need of re-adjustment. If all property which is

GovERNOR's MESSAGE.

11

escaping, partially or wholly, the paylllent of taxes were forced to bear its share, revenues sufficient to dispel every financial cloud would be drarwn into the treasury of the State.

REGISTRATION LAws.
In my annual message to the General Assembly which convened June 25, 1910, I took the position that the Registration Law enacted in 1908 was more drastic than that in any other State in the Union, and that as the. result of its operation a vast number, which I estimated approximately at 100,000, of the white men of Georgia were deprived of their former right to vote. Hence, I recommended the removal of those conditions for the franchise which in our law are more stringent than those in like laws of any other State.
In some circles this proposition was seriously questioned.
I, therefore, during the latter half of the past year, requested the Census Bureau at Washington to furnish to me at an early date the total number of white men, 21 years of age and upward, in each county in Georgia, as determined by the census in 1910.
rrhe request was at first declined, with the statement that the figures in question could not be furnished before September, 1911; but, later, the Superintendent of the Census agreed to advance Georgia ahead of any other State for the above information, and completed it about April 30.

12

GovERNOR 's MESSAGE.

'l'he official figures show that Georgia, m 1910, had 353,552 white men of voting age.
Now, recalling the fact that the total number of white voters reported by the Tax Collectors in the eounties in the State as registered in 1910 was :261,007, we find that 92,545 were debarred from voting.
lt is fair to say that possibly 2,000 were disfranchised by crime, and something like 5,000 were foreign en, not naturalized (the number in 1900 was 3,004).
'l'herefore, it is undoubtedly true that upwards of 85,000 of Georgia's white men were initially disfranchised in UHO by the operation of the Registration Law, which, however, placed the names of more than 1:2,000 negroes on the voting list.
lt is more than probable that the exact number exceeded ~J0,000, since, under the law, registrars, appointed for the counties by the judges of the superior courts, ''purged'' the lists furnished to them by the Tax Collectors.
In Gilmer County, for instance, the United States census shows 1,996 white men 21 years of age nnd upvrnrd. Of these the 'l'iftx Collector regi:,;tered 1,771, which number the registrars "purged" to 1,474. 'l'he partisanship of the registrars which, in this county remon~d from the registration list nearly i300 of the citizens of Georgia was probably not repeated in counties other than in the Judicial

GovERNOR 's MESSAGE.

13

Circuit in which Gilmer County is located; but the various technicalities of this law, and the powers over the electorate given to the registrars, almost assuredly added to the list of the disfranchised white men an aggregate of several thousand more than those shown hy the lists furnished by the Tax Collectors.
In further proof of the astonishing effects of this law upon the white manhood of our State, I give the figures of Fulton County, viz.: Total white men of voting age, 35,861; total registered, 14,172; total uot registered, 21,689. 'l'herefore, only two voters out of every five were enabled, under this law, to exercise the right of franchise in the county wherein your honorable bodies are sitting to-day.
I will add that, as a justification of this law, it was contended by its advocates that in the primary
in mos J,000 fraudulent names were placed on the
registration list in Fulton County. The total number of votes cast in the above county in that primary was 14,775. Therefore, the above statement leaves as legal voters in Fulton County in the primary in question, 10,775.
But the average yearly increase from 1900 to 1910 shows that in 1908 there must have been more than 32,000 white men of voting age in Fulton Count_\T. Hence, if the assertion be true that only 10,775 of the votes east in that primar_\' were legal, how will we separate the 4,000 alleged fraudulent voters from the 15,000 to 20,000 undoubtedl,\T legal voters who did not vote?

14

GovERNOR 's MESSAGE.

1 have no more interest in this matter than has any other reputable citizen of Georgia, far less than have up,vards of 90,000 of her white manhood who have been deprived of the right of the franchise; but honored with their confidence as I have been by the people of this State, I would be recreant to duty were 1 to fail to impress upon you my conviction that the honest white men of Georgia are entitled to be protected, not restricted, in their rights.
'rhe total figures on this subject for each county
in the State, l will give in an appendix to this mes:-;age, which will be printed for the information of all who desire to know the status in their own l'ounties.
Aside from the injustice which the fault I protest inflicts, l think all will agree that the law as it stands is too complex, in many ways too obtuse, and entirely confusing.
:F'or instance, it would be exceedingly difficult to establish the voting status of any citizen in case of a State-wide special election in a non-general election year. The law presents the remarkable anomaly of repealing itself for practically the first six months of such off-years and of leaving the balance in a maze of complexities which probably would lead to the disfranchisement of thousands who were qualified for the elections of the previous year.
In the same category of laws I think it my duty to direct attention to another confusing situation that will arise next year unless you take steps to prevent the same.

GovERNOR 's MESSAGE.

15

Under the Act approved August 15, 1908, no regular State-wide primary can take place before August, or within sixty days of tbe general State elertion in October. (!onventions always follow the white DemoC'ratiC' primary, and in these conventions have been C'hosen the delegates to the national conventions of the dominant party.
The national convention is held usually in June or ,July, and it is fair to assume that the one of next year will take place sometime before the regular primary ean be held legally. Therefore, how are delegates who will virtually decide the course of this State in the matter of seleeting a President to be ehosen? Unless some provision is made for overC'Oming this effect of the law there will have to he a special primary, or convention, which would mean two primaries and two conventions the same year. As it stands, the small number of men in control of the party maehinery may supplant the people in dominating the situation.
Understand me, I am not opposed to a law preventing early Sitate primaries, and I do not desire this law's repeal, so far as it relates to that question. But the individual voter has a right to an expression as to whom he desires nominated on that ticket and the formation of the platform of that party which it has been the invariable custom for many years for the majority of our white citizens to support. A Democratic nomination amounts to election, so far as we are concerned.

16

GovERNOR 's MESSAGE.

It has been customary to name United States Senators by popular vote; by that method we nominate virtually all of our State officials. Therefore, [ submit that something should be done whereby the voten, will be guaranteed some voiee in the selection of the one who will receive their support for the highest offiice in the country; and to prevent this important matter being left to the personal wishes or whims of the few men composing or dominating an executive committee, I respectfully recommend that you enact such legislation as may be needed to guarantee an expression of the will of the voters.

RAILROAD COMMISSION.
I respectfully renew the suggestion, made in my two preceding_ messages to the General Assembly, that the number of members of the Railroad Commission be reduced to three, and that the office of Special Attorney for the said Commission be abolished.
There is really no more reason why there should be five Railroad Commissioners than that there should be five Prison Commissioners, or a surplus of officers in any other department of the State government.
Only one of the Railroad Commissioners is required by law to devote all of his time to the duties of the office. It is merely a matter of choice with the other four as to whether they are in the Capitol building as many as a dozen times a year, and yet

GovERNOR 's MEsSAGE.

17

the taxpayers must pay their salaries whether they do or do not work.
I recommend, therefore, that the number of Commissioners be reduced to three, elected with regard to geographical location, and that each be required to devote all of his time to the duties of the office. Even if it heeomes necessary to advance the salaries of the two other than the Chairman, the expenses could still be made less than at present. And, inasmuch as a farmer is elected Commissioner of Agriculture, and a geologist is named for the office of State Geologist, it should be required, as was formerly the case, that one member of the Railroad Commission have technical knowledge of the operations of the vast properties placed in his charge.
For thirty years the Attorney-General advised with the legal member of the Railroad Commission when necessary. The same eourse could be pursued in future, thus dispensing with the surplus office of Special Attorney for the Railroad Commission. After December 1st, next, barring contingencies, there will be four lawyers on the Commission; already there are three.

POLICY TowARD THE RAILROADS.
And, in connection with the foregoing subject, permit me to say that in dealing with the railroad corporations for the last twenty years or more, our people, our legislators, executives, and, to a degree, our judges, have had their ideas, utterances and acts directed almost exclusively into one channel,

18

GovERNOR 's MESSAGE.

viz., that of rates. The problem as to how much toll on persons and property these corporations shall be pel'rnitted to charge has been the burden of the general song. rrhe vnriations have been an occasionnl vibrant note on the building of better depots, or fines for failure of thP ownprs of the carriers to furnish <'ars to shippers.
All this trend which has given direction to the application of the laws, and has, furthermore, caused the enactment of new laws which have gradually become more and more rigid, has been characterized by the apparent loss of sight of the fact that the factor of rates, or the earnings on the capital invested,--both of which should be controlled lnrgely by the law of supply and demand,-is not the only important phase of the relations of the railroads to the public whieh should come under the regulating- powPr of the Rtate. we should hold in mind that thPir primary duty is that of common carriPr nnd thnt the bnsir prinriple involved in earriage is the furnishing of full and equal facilities to all with romfort. safety and promptness.
It is frequently forgotten that the owners of the railroads are just as much citizens of this and sister States as are the owners of farms and factories, of banks and business houses, of newspapers or any other kinds of property; and such being the case, they are just as much entitled, as are all other in-
vestors, to the guarantee of our State's Constitution, viz. : '' Protection to person and property is the

GovERNOR 's J\IIEsSAGE.

19

paramount duty of government, and shall be irnportial and complete.''
.B'urthermore, we are prone to ignore the rights and deserts of the tens of thousands of Georgians, and of the sections in which they lin", who are without any or adequate railro:1d farilities, but who are as muC'h entitled to the assisbmee of tlw State in procuring those advantage:c; of trnnsnortation as are thm,e, who are more fortunate, entitled to the proteetio11 of the State against nnjm,t exndions from publiC' serviC'e eorporations whose faeilities the~ have.
It may therefore be asserted that we have reached the time wherein our own interest demands that we should ask if there be not something for attention in the State's policy toward the owners of the common carriers more important than the eontinuous and nlimost exclusive consjderaltion of how much income they shall be permitted to receive on their investments.
In other words, inasmuch as it has been proven
beyond the power of denial that reductions of rates on many articles do not reach the masses of the people but lodge with certain classes, it would be proper to confine future reductions to such as would benefit the masses, or would prevent or correct avoidable unjust discriminations, and make '' protection to person and property the paramount duty" of the common carriers.
In the Latin maxim: "Salus populi suprema est lex,'' i. e., '' The safety of the people is the supreme

20

GovERNOR 's MESSAGE.

law,'' we find the cardinal end to be accomplished by government. And that end should be sought for on the railroad track equally as in the jury box or in any other forum where government exercises its functions. And it should thereon, as in the other forums, be "impartial and complete."
It is a matter of record that the Pennsylvania Railroad last year handled 133,000,000 people without killing or injuring one. A like record on the railroads of Georgia is our disideratum. We wish every citizen of this State who travels or sends members of his family on railroad trains, to have practically a guarantee of safety for life and limb and of rompt arrival at the destination toward which he or they may start.
And second only to the question of safety and convenience to person is that of such facilities as will furnish to our people the power to transact business in aecordanee with the d(~mtmds of the age.
'l'he State of Georgia is today standing on the threshold of a development, if her people will it, more marvelous tlum was dreamed of by our fathers.
'l'he State of Illinois, with less than Georgia's area has nearly douli1e Georgia's railroad mileage. !\~nny of the railroads in Illinois were built by the
aid of land grants b:,, the Federal government. In
Cxeorg.w we can have no land grants, but must attract capital for development by a show of our resources and the guarantet> of i1mpartial and complete protection.

UuvERNOR 's MESSAGE.

21

Georgia needs fifty per cent. more of railroads,new railroads-to place her in position to stand upon the imperial plane which is rightfully hers. Her people must have all the present main lines doubletracked so as to enable them to safely, promptly and properly handle the expanding commerce. They need a multiplication of the present appliances for handling the people and property with greater dispatch and security.
But we will get these facilities for progress only as they can limp into position if ,ve do not guaran-
tee to capitalists who would furnish them that the
protection which the Constitution says '' shall be
impartial and complete" applies to their invest-
ments.
'1'11e people of Georgia, therefore, are more interested in the fair and broad-minded solution of this problem than are the capitalists, or, if Georgia will progress, she is obliged to have these investments within her borders, whereas capitalists are not obliged to locate them in Georgia.
As to whether the building of new railroads and increasing facilities placed on those now in operation would be of greater value to the State and its people, I will pron hy annlogy in two tables ,d1ich will be printed with this message. 1n the first will be Rhown the counties which have never had any railroads, in the second will be shown what were formerly an equal number of counties, but whose area, by reason of internal developments, have been di-

GovERNOR 's MESSAGE.
vided into a greater number. In the latter group railroad building has been active during the last dozen years.
'rhe eleven counties in the first table had, in 1880, an aggregate of 74,041 inhabitants, in 1910 an aggregate of 84,389. Total increase in thirty years 10,348; ])ercentage of increase, 14. The aggregate value of the whole property in these counties in 1880 was $7,371,782, in 1910 .the same was $12,570,935. 'l'otal increase in thirty years, $5,199,153; percentage of increase, 70. 'I'hese counties have no railroads.
'l'he fonnerly (in 1880) eleven, now sixteen, counties in the second table had, in 1880, an aggregate of 67,163 inhabitants, in 1910 an aggregate of 292,522. Total increase in thirty years 225,359; pereentage of increase, :335. The aggregate value of whole property in these counties in 1880 was $8,849,291, in 1910 the same was $66,737,864. Total increase in thirty years, $57,888,573; percentage of increase, 654. In these counties railroad building, as stated, has progressed rapidly in the last dozen years.
If we take a single county from each table, for the object lesson, we will find that, where Milton eounty in 1880 had 100 people, in 1910 she had 115 people; and \\here her people in 1880 had $100.00 worth of property, in 1910 they had $172.00 worth of property.
In eontrnst with this, let us take Colquitt county,

GovERNOR 's MESSAGE.

23

in which, unlike Milton, railroad building has gone rapidly forward in the last dozen years. In Colquitt county we find that where there were 100 people in 1880, there are now 790, and that where her people in 1880, had $100.00 worth of property, they now have $1,555.00 worth of the same. The people of Milton rounty may well ponder over these figures and the lesson they teaeh.
In conclusion on this :rnbject, I will say that the State which created the corporations should never waive the right nor abdicate the r)Ower to control them. But that control Rhould ever he based on justice and exerrised with wisdom and in moderation.
Permit m0 to emphasize the fact that I believe it the dut~r of thP StatP to Ree that the people are not oppresRPd b~- those corporations enjoying public franchises. J\faRsed in grand totals, a few cents difference in a rate on a much-used product simulates an import:rnce that it does not posseRR. If reductions satisfactory to the greatest extremist were made, it would mean a saving of only a few dollars a year to the average ritizen. while appearing tremendous in the aggregate such reductions would not be one-half so important to the average consumer, the farmer or mechanic, as the assurance of safety, promptness, dispatch, comfort, and development.
And when we bear in mind that the railroad companies of Georgia employ upwards of 25,000 men
whose families include at least 100,000 more people,

24

GovERNOR 's MESSAGE.

and that these raise no agricultural products and sell no goods-but buy both-we can easily see th"lt it is to the interest of every farmer, manufacturer and storekeeper that the owners of the railroads be allo\\Terl an in<'orne great enough to pay good wage;;,
to those employes, besides paying other hills to pro-
tect safety and leave a reasonable percentage of net earnings on their investments.
To make equitable charges for the service rendered is only one of the duties the railroad owes the pub]i<'. T)rny should lead in the general upbuilding of the country, for they are the greatest factors in development. This they should be given full opportunity, and, if necessary, compe11ed, to do.

'IYESTERN & ATLANTIC LEASE.
The lease of the Western & Atlantic railroad will end December 27, 1919. It is consequently prnper to. begin to consider the question of its disposition at the end of the present lease. In my opinion the State should not entertain any proposition to sell this property, and she should not make any lease contract for a period longer than thirty years. By this means she would be enabled to take back the road once within the lifetime of each generation and adjust it to the changing conditions of the trade of the country.
It is quite probable that the main lines of the railroads in this State and section will be doubletracked within the next ten or fifteen years. The

GovERNOR 's MESSAGE.

25

expanding commerce of the United States will require the increased facilities indicated. It may be proper therefore for the State to consider this question with the present lessees or their successors, and, by some allowance from the monthly rental for a limited period of years, to enable the leasing company to provide a double track, it being agreed that the two tracks and all appendages shall be the property of the State at the end of the lease. 'rhis arrangement therefore would maintain the -YVestern & Atlantic on a parity of facilities with its competitors, and hold for the people of Georgia a proper valuation of this, their greatest piece of property.
I will add that, as it is primarily a carrier, great caution should he exercised in considering any propositions to dismantle the road by diverting to other uses the terminal properties at either end. Fully
thirty per cent. of it:c; power to control traffic is found
in the easy access of the public to its depots and yards. The State now owns advantages in the above respect from which she should not abdicate. She should at all times hold as the cardinal thought in the consideration of this great property its capacity for protecting the people of Georgia in the power of competition.
Goov RoADs. 'l'he policy of the State in regard to building public highways may be considered as an established one; hence, I recommend the creation of the office of Road Commissioner, said Commissioner to be a civil

26

GovERNOR 's MESSAGE.

engineer of experience, whose duty it should be to supervise the building of the public highways. He should be given authority to see that there is some degree of concert of action on the part of the various counties in the matter of road construction; and it may be advantageous to create an advisory bo,.ird to co-operate with him, the mileage and other actual expenses of the members of said board w11eu in discharge of their duties to be paid by the State.
rrhe State as a whole has an interest in the roads of every county, and the main thoroughfares should be worked not only from the local or cummunity standpoint but from that of all the State as well. A State-wide system will give to each of its units an added local value.
As a basis from which to work and still preserve local eon trol of the operations of the convicts, I suggest that each county be required to employ a fair percentage of its workmen on the roads that. lead from county site to county site, except where these roads are in the highest state of efficiency. This would soon give the State a net-work of splendid highways.
The Commissioner should be directed to advise the county authorities as to laying off roadways and handling their facilities in the best way not only for each county but for the State at large.
PARDONS.
Applications for clemency have assumed the proportion of a positive burden on the Executive office.

GovERNOR 's MESSAGE.

27

It may practically be asserted that this office is looked upon as being a court of ]ast resort, or a court of correction. And to that extent it is almost daily being requested to usurp the functions of the courts. Besides demanding a large amount of his time, which should be devoted to other matters, the perversion of the idea as to the proper exercise of the clemency function is coming virtually to force the Governor into the position of condemning every criminal who is punished. Instead of presenting facts which could not be brought before the courts, it is often insisted that the Governor shall adjudge that the courts have handled improperly the evidence before them. In other words, it has reached the point where the Governor is quite frequently cal1ed upon to exerrise at the same time tlrn functions of defendant's counsel, juror, judge, and Court of Appeals or Supreme Court, he being expected to correct the real and imaginary errors of each, and, on occasions, a11 of them, as well as to supply all real or fanried deficiencies in the ]aw.
It is a truthful snying that justice should be tempered with mercy, and it is necessary that the pardoning power be invested in someone, but in considering this matter of executive clemency it should be ever he]d in mind that the protection of society is the highest duty of government, and that the affairs of those who obey the Jaws should be given higher consideration than the personal wishes of those who have set the Jaws and the rights of others at naught.

28

GovERNOR 's MESSAGE.

While the General _;\ssembly cannot interfere "-ith the Constitutional investiture of authority in the above matter, it has the power to decree how applications for clemency shall be brought; and I would suggest that legislation he enacted which will save the }~xecntive office from the necessity of having to eom,ider in detail, any nnd every appeal, manuscript and oral, which some convict or some friend of a convict desires to make to it. It has reached the point where the Governor is called upon to retry the most trivial eases; and frequently applications are immediate]~- rene.Yed, haRec1 upon freRh technira1ities, upon dismissal.
I will here state that, except in a very few cases of emergency, when the members of the Prison Commission were abRent, I have insisted that pardon applications be r011Ridered by that Board, as is the rlear intent of the law. I also call your attention to the synopsis of pardone, commutations an<l paroles, from wliich yon will note that of 303 cases of the exercise of Executive clemency under the above three heads, 17:1 were granted on the application of the trial judges, solicitors or juries, or frequently by the joint request of all three. And in an ovenvhelrning majority of the total number of cases the plea for pardon was participated in by some, and oecasionally almost all, of the county officers. 1;nder these conditions, when the trial authorities and conserrntors of the peace in a county join in the pressure for turning the convict loose,

GovERNOR 's MEssAGE.

29

the Executive must indeed be sure of his ground if he alone insist that the decree of the court be upheld.
I also call your attention to the fact that, included in the number of pardons and comrnntationR during the past twelv0 months, are :24 which fulfilled the legal conditiorn of pmoles granted in 1909 by my predecessor in otrice, and :20 of the same granted by me during the latter half of 1909 and in 1910, and which w0re JH'op0rl:, Pertif-ied to me by the Prison Commission.
I have no fault to find with the Prison Comm1ss10n. It has done its part of this work conscientiously and well. But, in handling applications for Plemency, its members frequently reach conclusions at variance with those reached in the Governor's office. It operates under a law of the General .Assembly which makes it a Department separate and distinct; therefore, the Governor has no right to give directions to it. Constitutional responsibility resting upon the Governor, and the Commission acting as a f'eparate estnbfo,hment, this office is compelled to devote practieally as much time to the subject of pardons as if the Commission did not exist.
Perhaps a better plan would be to delegate one Commissioner who alone shall have to do with pardons and "ho shall ,rnrk in that respect under the direct supervision of and he amenable to the Governor; or a Pardon Secretary versed in criminal

30

GovERNOR 's MESSAGE.

law, or an Assistant Attorney-General, to look after the details of clemency applications and make all preliminary investigations.
The method of handling pardons should contemplate something more than the investigation of formal applications brought by friends or attorneys for convicts. Deserving prisoners who have lost all connection with friends and have no money to employ lawyers should be searched out and their crse-: investigated on the motion of the State. No doubt there are hundreds of such in the penitentiar;v and their lark of ronnections, or knowledge as to how
to proceed, Rhould not bar them from that considern-
tion to which l1umani(v and justice entitles them.
The Prison ( 'ommission ran be fully employed in safeguarding the welfare of the convicts who are distributed in more than a hundred counties and divide11 among a larger number of individual camps, and in supervising the opPration of tlw State Farm and Stnte Reformatory.
Tn this eonnertion, I would suggest that the Commission be given m1thority and directed to inspect jails. It is more important that persons detained merel~ for trial be properly cared for than that those nlrf'Ad~r romirted of crime be treated well.
I\fony good "omen have urged me to advocate the enartrnent of a l:rn providing for the inspection hy women of those rprnrters occupied by female prisoners. T deem the suggestion a good one and well in

GoVERNOR 's MESSAGE.

31

keeping with the demands of actual propriety and broad humanity, and as such commend it to you.

GOVERNORS' CONFERENCE.
As is well known, the Governors of the various States of the Union, annually hold a conference for mutual interchange of thought and with the idea of unifying, as nearly as can be made practicable, the laws which similarly affect in their application the peoples of all the States. Their suggestions to the legislative bodies and for general interchanges of thought may ultimatel>T work out great good.
It is the practice of most of the States to pay the expenses of their Executive officers when in attendance upon these annual conferenc.:es, also for printing and otherwise preparing the minutes of their meetings, and other expenses incidental thereto.
The State of Georgia has no provision in law for this expenditure, hence, the payment must come from the Governor, individually. J respectfully suggest the enactment of a statute authorizing these expenses to be paid from the contingent fund of the State, inasmuch as Georgia scarcely expects her Governor to fail to attend these annual conferences.

rrHE GREAT SEAL OF STATE.
It is a matter of public note that the Great Seal
of the State of Georgia has become so worn by use, that its impression is now practically indistinguish-

32

GOVERNOR'S MESSAGE.

able. As hallowed by association and memory as is this great symbol of Georgia's sovereignty, common sense would seem to demand that a reproduction of it be made, which would enable all of the great documents of this State to be properly stamped. I, therefore, recommend that your honorable bodies take steps to effect the above purpose.

COMMISSION GOVERNMENT FOR CITIES.
Great attention has been attraced by the new form of government, known generally as the '' commission form,'' which has been adopted by many cities in other States. In several of our own municipalities the question of testing such plans of government is being discussed. As it is each one desiring to submit a proposed change to the people must come to you for a new charter.
It occurs to me that the Legislature might pass a general bill under which any city could pass on the matter more easily. Of course, it is not inrnrnbent un you to provide, on your own motion, any form of government for the cities, and all that yon C'Ould or should do is to pass general legislation enabling the people of the different cities so desiring to express their will with greater dispatch.
1 commend the matter to you as worthy of consideration.

GovERNOR 's MESSAGE.

33

THE STATE GEOLOGICAL SuRVEY. 1
I would call the attention of the General Assembly to a need of more funds for the State Geological Survey, in order that this Department may be able to carry out three different lines of work planned b) the State Geologist. The work here referred to is soil survey, swamp and overflow land reclamation, and waterpower investigation. '11he fact that soil mapping offeni the only possible means of correlating the results of experimental farming over large areas and at the same time gives valuable informa tion concerning the uature and character of soils, makes it very essential that this line of work be taken up at once.
The importance of swamp and overflow land drainage is at once recognized ,drnn it is stated that practically one-fourteenth of the area of the State, or 2,700,000 acres, of these lands occur in Georgia. Such lands, which in most cases are extremely fertile, now pay not only little or no revenue to the State in the form of taxes, but they are a menace to public health, as they form breeding places for fever-producing mosquitos and other noxious insects. Our water-powers are unsurpassed by any of our Southern States. They represent a perpetual source of mechanical energy which is the key-note of our manufacturing expansion. These powers should be thoroughly investigated and their possibilities made known to the citizens of the State.

34

GovERNOR 's MESSAGE.

I understand from the S1 tate Geologist that arrangements have been perfected with the Federal Geological Survey and the United States Department of Agriculture whereby these Departments will pay one-half the expenses of the three different lines of work above outlined on the condition that the State wi11 pay an equal amount.

DEPARTMENT OF LABOR.
'rhe last two platforms of the dominant political party in this State are committed to the creation of a State Department of Labor. In line with recommendations twice made to your immediate predecessor I urge, as a matter of simple justice to the workmen in industrial pursuits and as an economic need, the establishment of such a Department.

EDUCATIONAL PROGRESS.
During the past year our material progress has been great, but more flattering and more important than the growth of industry has been the advance in educational matters. But in this field the State has not yet reacheu a condition even approaching the full needs of the situation. Every white child is entitled to a common school education with full and free opportunity to pass through high school and reach the college or university. Beginning with the common school, we should never relax in our efforts to raise the efficiency of our educational system throughout to the very highest possible point.

GovERNOR 's MESSAGE.

35

I believe the time has come when we can and should take steps looking to the elimination of all illiteracy from at least the white children of Georgia, and these steps should go further than the mere providing of school houses and teachers.

REPORTS OF STATE OFFICERS.
It gives me great pleasure to commend all the officers of the State government with whom I have been associated during the past two years. No government can boast officials more scrupulously conscientious, or, as a rule, more capahle. On the whole, ours is a remarkably economical government, and it has been unusually free of those occurrences which indicate dishonest>- or inC'apacity on the part of officials.
I call your attention to the reports of the heads of the variouR DepartmentR and Rub-Departments. Each of them contains information and recommendations of which yon should he adviRe<l, but demandR of space prevent thefr reproduction here.
In conclusion, permit me to express the hope that in all matters affecting the interest of the people of Georgia you will counsel together in a spirit of harmonious accord. Our great State holds the first claim to the fealty of her sons. There are so many purposes which we can H<'compliRh for her glory and for our mutual well-being that we can afford to give chief consideration to them, leaving

36

GovERNOR 's MESSAGE.

our differences to he debated after we have discharged our duty to the laws. If, forming a co-op-
erative and constructive union, if, bringing about a. federation of the units of the sovereign people, we ean establish peace and prosperity on the foundation of love for God am! our fellow man, we will not only leave a heritage of happiness for our children but will secure for ourselves the indestructible reward of approving consriencc.
Respedful]~- suhrnitted,

MA-~
Governor.

APPENDIX A
In compliance with the mandates of the law, I herewith submit report of pardons, commutations, paroles, and reprieves granted during the past year.
PARDONS.
CHARLES HAMILTON.-Felony, from Fulton Superior Court, November term, 1908. Sentenced to four years in penitentiary. He was granted a parole April 12th., ]909, and has satisfied demands thereof, making excellent record and giving assurance of reformation. Pardon granted July 14th, 1910.
FLOYD PAYNE.-Robbery, from Jackson Superior Court, August term, 1903. Sentenced to twenty years penitentiary. He was granted a parole April 27th, 1909, and has satisfied demands thereof, making good record and giving assurance of reformation. Pardon granted August 5th, 1910.
ELIJAH BRAMLET.-Felony, from Gilmer Superior Court, Spring term, 1902. Sentenced to twenty years in penitentiary. He was granted a parole Mar,ch 31, 1909, and has satisfied demands thereof, making good record and giving assurance that his release will not be incompatible with the welfare of society. Pardon granted September 9, 1910.

38

GovERNOR 's MESSAGE.

J. W. CABANiss.-Felony, from Bibb Superior Court, April term, 190-. Sentenced to one year in the penitentiary. He was convicted for declaring illegally a dividend as president of Exchange Bank of Macon; dividend was declared upon resolution of Board of Directors of bank and indictment shows he acted with a majority of said directors, but does not give their names, nor were they indicted. The Court of Appeals while affirming his conviction expresses gTeat doubt as to validity of statute under which he was convicted; said his conviction did not involve moral turpitude; would constitute no crime under the National Bank Act; and suggested to the trial court a reduction of sentence to misdemeanor. His conviction was purely technical, he is more than seventy years of age, has lived for forty years in the same community, bearing an upright and blameless life, and his release is asked by stock-holders of hank, many of its depositors, prominent citizens in different counties, almost. if not a11, Senators Of the State, and most of the Representatives. Pardon g-ranted September 10, 1910.
C. M. 0RR.-Embezzlement, from Bibb Superior Court, November term, 1907. Sentenced seven years in penitentiary. It is clear that much of the money said to have been embezzled by the defendant was, in fact, embezzled by others connected with the administration of the bank's affairs, to-wit: Van Houten, Bannon et al. The record shows that the real liability ,Yas in a debt secured by his personal property, wl1ich he turned over to the bank and received

GovERNOR 's MESSAGE.

39

receipt absolving him in full. The punishment, as well as the lack of punishment of other parties connected with the bank and the crime for which Orr was convicted, make it plain that in this case, there has not been a full compliance with the Constitutional requirement guaranteeing to every one an impartial administration of the law in the protection of person and property; and as Orr has, with credit due for good behavior during his incarceration, served one year, the maximum time named for any other of those indicted for complicity in bringing about the failure of the Exchange Bank of Macon, his release is well warranted. Pardon granted September 16th, 1910.
ALFONSO J. LoPEz.-Misdemeanor, from Fulton Criminal Court, September term, 1910. Sentenced six months in chain-gang or $50.00 fine. He is a young enlisted soldier of the army of the U. S., of eX!cellent conduct in the service and had committed no offence prior to one for which he was convicted. He is entirely unable to pay fine and if compelled to serve in chain-gang may become barred from enlistment under section 859 Army Regulations. Judge Advocate, Department of the Gulf represents application for pardon, which application is indorsed by the Brigadier General commanding, and others. Pardon granted O~tober 5th, 1910.
,v A. H. Burtz, J. S. aters, H. T. vVever, Bailey
Wimpy, Alex. Kinsey, Jayson Akin, J. L. West, J. H. M. Wever, Richard Brown, B. F. Collins, '\V. M.

40

GovERNOR 's MESSAGE.

Swancey, William Teen, J. B. West, J. C. H. Turner, R. D. Mathis, L. B. Chastain, B. D. Bulkey, Coon Long, ::\L F. Corbin, Bob Kinzy, B. L. Allen, and S. G. Clayton.-Misdemeanor, Gilmer Superior Court, May adjourned and October terms, 1910. Sentences as follows: A. H. Burtz, $500.00; $20.00 and cost as to others. Parties were convicted and entered pleas of guilty to charge growing out of management of election in said county; prosecutions being purely for political purposes and pardons being requested by many good people who insist that prosecutions were for such purposes, clemency was extended. Pardons granted October 15th, 1910.

JAMES BENSON.-Bigamy, worth Superior Court, Fall term, 1907. Sentenced four years in penitentiary. Defendant has served three years or more of sentenee, not including allowance for good time. His wife, married in Georgia, soon left him to live with another man. He is of weak mind and his pardon is recommended by trial judge and jury, his lawful wife and people of Poulan, Ga., where crime was committed. Pardon granted October 20, 1910.

DAVID H. ULFORD.-Stealing Ride on Car, City Court Clarke Co., September term, 1910. Sentenced $50.00 or six months in chain-gang. He is a young white man, formerly employed for several years by reputable firm but concluded to accept position in Atlanta, boarded train at Raleigh without ticket and was arrested at Athens. Trial judge and solicitor recommend pardon on ground that defendant has

GovERNOR 's MESSAGE.

41

served portion of sentence, has an afflicted mother and has been of previous good character. Pardon granted October 25, 1910.
EMANUEL McGHANN.-Murder, Superior Court, Marion Co., April term, 1886. Sentenced to life imprisonment in the penitentiary. He was granted a parole September 14, 1909, and has satisfied demands thereof, making good record and giving assurance of reformation. Pardon granted November 11, 1910.
HENRY PATTERSON.-Murder, Superior Court Hall Co., July term, 1896. He was granted a parole November 2, 1909. His monthly reports show that he has satisfied demands of parole and that his reformation is such as to give assurance of future good citizenship. Pardon granted November 8, 1910.
WALTER T. EsTELL.-Shooting at another, Chatham Superior Court, June term, 1909. Fine $250.00 or six months in jail. Trial Jury recommended extreme mercy of court and many of jury say that sentence was more severe than expected. Defendant was drunk when committing crime and has been confined at State Sanitarium for drink habit and claims to be cured. He has served all of sentence but one month and is promised immediate employment if released. Pardon recommended by grand and petit jurys, and also by jury finding him insane, by county comm1ss10ners, solicitor-general, prosecutor . and --others. Pardon Granted November 26, 1910.

42

GovERNOR 's MESSAGE.

GooDMAN BRowNING.-lnvoluntary Manslaughter, Clinch Superior Court, April term, 1909. Sentenced two years in penitentiary. He has served more than one half of the sentence. His pardon is recommended by trial judge, solicitor, jury, and by county officers and many citizens. Pardon granted November 26, 1910.
MoLLrn J<'ARMER.-Murder, Fulton S1 uperior Court, April term, 1888. Sentenced to life imprisonment. She was granted a parole December 12, 1909, has satisfied the demands thereof, and gives evidence of future good conduct. Pardon granted December 15, 1910.
ANN TooMER.-Murder, r:l'errell Superior Court, Spring term, 1890. Sentenced to life imprisonment. She was granted parole October 14, 1909, and has satisfied the demands thereof, showing that her release will not be incompatible with the welfare of society, but beneficial to the defendant. Pardon granted January 12, 191].
Loms BRooKs.-Murder, Upson Superior Court, May term, ]910. Sentenced to life imprisonment. Affidavits of two citizens of unquestionable veracity show that Fletcher Perdue, a witness for the State committed the crime. Trial judge and jury recommend pardon upon affidavits above mentioned. Pardon granted ,January 18, 1911.
M. S. EzELL.-Voluntary Manslaughter, Morgan Superior Court, Fall term, 1907. Sentenced to five

GovERNOR 's :MESSAGE.

43

years in penitentiary. He has served more than three years of the five years imposed. He is a small and weak man, while his antagonist was large and strong, and probably inspired fear in Ezell. His pardon is recommended by jury, county officers and many good citizens. Pardon granted January 20, 1911.

vVrLL 'l'rnsLEY.-.._lssault with intent to ~lurder, 'J'errell Superior Court, ]'all term, 1908. Sentenced three years in Penitentiary. He was granted parole April 15, 1909, has satisfied the demands theieof and gives evidence of future good citizenship. Pardon granted February 23, 1911.

h;ARNEsT \\'1LLIAMs.-Rape, Jones Superior Court, April term, 1908. Sentenced to seven years in penitentiary. He was tried and convicted when fifteen years of age of attempting to rape a small ehild. He is the son of respectable negro parents, who sustain him in his assertion of innocenee. The father and mother of the child said to have been raped expressed doubt as to his guilt, and ask his release. The proseeutor says mistake ,vas made in trial, and asks prisoner's release. The court, jury, 0ounty Commissioners and large number of citizens ask his pardon. Pardon granted l\fareh 1, 1911.

HORACE PosEY.--Stabbing, Floyd City Court, September term, 1910. Sentence to twenty-five dollars or six months in chain-gang. Pardon recommended hy trial judge, solicitor, eounty offirers and many

44

GovERNOR 's MESSAGE.

citizens. He is a mere boy and little physical injury was inflicted. Pardon granted March 1, 1911.

B.

]1

HoGAN .-Voluntary

11anslaughter,

Rich-

mond Superior Court, June term, 1900. Sentenced

one year in penitentiary. He is a young man for

whom the trial jury recommended extreme mercy of

tlie court. The trial judge, county officers and many

,jtizens urge his pardon, and ask his restoration to

<itizemd1ip. Pardon granted ::\farch 4, Un1.

BARTOW SMITH.-Murder, :Milton Superior ( ourt, Spring term, 1909. Sentemed to life imprisomnent. Affidavits of State's witnesses show that Smith is innocent of the crime for ,vhich he was convicted. His pardon is a:,;ked by OVt!l' six hundred ('itizcns of Cobb and Milton counties. Pardon granted March ]5, 1911.

Sn10N Cox.-Breaking Labor ( 'on tract, Houston City Court, }\Iay term, 1910. Sentenced twelve months in chain-gang. He is a poor, ignorant, wliite boy, seventeen years of age, whose pardon is asked by many good ritizens who say that he is not vieious and thnt the lesson taught him will insure future good conduct. Pardon granted March 1G, 1911.

RonEnT S1MRIL.-Burglary, Bibb Superior ( 'ourt, l11all term, 1\)09. Sentenced to State Reformatory. Sn1Jerintendent B. 'l'. Bethune of Reformatory, say,; Simril has earned his release by compliance with rnles of refonnator)r and that his pardon will not be

GovERNOR's 11EssAGE.

45

incompatible with the welfare of society. Pardon granted March 15, 1911.

WARNER TuRPrn.-Burglary, Rabun Superior Court, Fall term, 1909. Sentenced five years in penitentiary. He was undoubtedly led to the commission of crime by influence of older criminal, Bunch Allen. He was a boy eighteen years of age. His pardon is asked by trial and county officers, and several hundred good citizens of county. Pardon granted March ] 6, 1911.

1LBERT LoDE}; .-lrwoluntary M 1 anslaughter, Sh phern, ~iuperior Court, :\lay term, 19] 0. He was given the minimum senteuee under the law; protesting his innoeenee, he entered upon discharge of sentence and has proven faithful. The present judge and solicitor of circuit, ten of the trial jury and six hundred good citizens ask hiH release. Pardon granted March 16, ]9]1.

HOMER DAvrn.--~.i\lisdemeanor, Cobb Superior Court, November term, HJ09. Fined three hundred and fifty dollars and cost or twelve months on the chain-gang. '11lie only ,;\'itness testifying against Davis has, since doing so, signed affidavit that he swore falsely before jury. He has been otherwise impeached. Pardon granted March 20, 1911.

ALLEN ( 'ARVER.~nfisdemennor, Coffee Superior Court, October term, HHO. Sentenced twelve months in the chain-gang. rrrial judge says pardon can he

46

GovERNOR 's MESSAGE.

granted with propriety, and large number of good ('itizens urge smne. Pardon granted April 5, 1911.

W1LL .A \'ERL-Retailing, Cobb Superior Court, .:\larch term, 1911. Fine five hundred dollars and eost and twelve months. Unquestionably he is unable to pay fine imposed and the C'ircumstances surrounding the ease are such that his pardon upon payment of one hundred dollar::;, whieh amount he appears to be able to pay, is well warranted. Pardon granted upon payment of one hundred dollars to officers of court April 11, 1911.

\V. ~-\. :\1.,XWELL.--Voluntary ,_Manslaughter, llrady ~uperior Court, J:,~all term, Hl07. He was granted a parole September 16, H)09; has satisfied demands thereof and given evidence of future good (ondud. Pardon granted April HJ, Hl11 .

.:\LrnY Drn.Es.-Vagrancy, Dooly City Court, Spring term, 1D11. She was tedmically guilty, having served a short time, her pardon is asked with view of trying her for lunacy. She has become insane since her eonviction, cannot work and has been moved to county jail. Pardon granted April 29, 1911.

FJnaAR R. lhnRruK.-Embezzlement, Richmond Superior Court, Spring term, H/10. Sentenced b,elve months in the penitentiary. He is a white man, sevent:,-eight years old, and has served his entire senteme with exception of a few days. His

GOVERNOR'S MESSAGE.

47

pardon is recommended by trial judge, solicitor and many prominent citizens. Pardon granted May 2, 1911.
LONNIE ELLIS.-Misdemeanor, Uity Court of Statesboro, October term, 19JO. Sentenced twelve months in chain-gang. He is a white boy, only fifteen years of age, who has served with good conduct, more than one-half of his sentence. He is the only white boy in chain-gnng of county, and his pardon i~ recommended by trial judge and many other promi nent citizPns of <ount~. Pardon granted l\Iay ::, 1911.
L. H. BRmYN.-Misdemeanor, from Crisp Superior Court, .April term, 1909. Sentenced to chaingang twelve months or fine of $125.00. He is a negro school teacher, who was convicted on eirrnmstantial evidence of the offense of larceny. His previonf'\ character has been shown to be ,ery good. He has paid the fine, and asks for pardon and removal of disabilities, which the C' o1 mmission recommends. Pardon granted May ]7, 1911.
CHANc1 rrRAWICK._JManslaughter. Baldwin Superior Court, January term, 1909. Sentenced to three years in penitentiary. His application for clemency is recommended by the trial judge and solicitor, who seem to think that he has been punished sufficiently for the crime committed. Pardon granted June 13, 1911.
JAMES A. GosSETT.-Manslaughter, from Muscogee Superior Court, December term, 1903. Sen-

48

GovERNOR 's MESSAGE.

tenced to 16 years in penitentiary. He was granted
parole December 23, 1909, and having satisfied its demands, is entitled to release. Pardon granted .June 13, 1911.
HoMER G. STRICKLAND.-Manslaughter, from "\Vilrox Superior Court, March term, l!HO. Sentenced to two years in penitentiary. His pardon is strongly nrged by the trial judge, who says he is of good character, and that he wns in the disrharge of the State'!" duty nt the time the killing occurred. -:\{any other good citizens ask his release. Pardon granted Junf 13, 1911.

R. F. Yomrn.-:Manslaughter, from Fulton Superior Court, April term, 1905. Sentenced to 15 yean in penitentiary. He m1s attacked by negro, whom he had not known before, rmd stabbing him with knife, inflicted wound of which he died. He has served about f-\even and one half years, and his release is rerommended by the trial judge, soliritor, and others. Pardon granted .June 13, 1911.

SYNOPSIS OF PARDONS.

On account of political prosecutions ____________ 22 On recommendation of trial judge, etc.________ 2 On recommendation of trial judge, solicitor, etc. 4 On recommendation of trial judge, solicitor, jury,
etc., __ --------------------------------- !> On recommendation of trial solicitor, etc.______ 1 On recommendation of trial solicitor, jury, etc._~ 2

GovERNOR 's MESSAGE.

49

On recommendation of trial jury, etc.__________ 1 On recommendation of miscellaneous character 12 On recommendation of Supt. Reformatory, etc.__ 1 On compliance with conditions parole granted by
Governor Smith ------------------------.,. 4 On compliance with conditions parole granted by
Governor Brown------------------------- 6

Total ___ __ __________ __________ __ _____ _ 58

( 'OMMUrrATIONS.

GuY RrcHARDSON.-Misdemeanor, ,Vhitfield Superior Court, Spring term, 1910. Sentenced to fine of twenty-five dollars and three months in the chaingang. He is only a boy, 18 :"ears of age, and has been in jail 78 days Rinre his ronviction, during which time he has preYentecl escapes from jail, by giving timely notice thereof to the jailor. '.Many citizens, 19 of tbe Gr:md Jnry, and 11 of the trial jury aRk his release and substitution of jaiil sentence served for chain-gang sentence, upon payment of fine and costs, which recommendation was granted, ,June 22, 1910.
HowARD DrxoN.-Simple Larceny, City Court, Macon, June term, 1910. Sentenced to nine months in chain-gang. He is a negro boy about 18 years of age. Has consumption, which fact is certified to this Department by connty physician. Judge did not know of condition 1\ hen he sentenced him, but, he. together with Solicitor, now recommends commu-

50

GovERNOR 's MESSAGE.

tation to fine of $50.00 to include costs. Commutation granted June 24, 1910.
JoHN ,VrLLIAl\1S.-Shooting at another, Houston Superior Court, October term, 1909. He has served with good conduct, seven months of the sentence imposed, and his release is asked by the trial Judge and Solicitm. ( 'omrnutation granted July 1st, 1910.
MARSHALL ( 'ALDWBLL.-Misdemeanor, City Court, Troup county, September term, 1909. Sentenced to twelve months in rhain-gang. He has served all of sentence but about three weeks, and is in very bad
health, unable to work. His release is asked by
ramp physician, Representatives of county, and rounty Commissioners. Commutation granted July 8, 19JO.
LEOLA Rocrc-Trespass, ( 'ity Oourt of Oglethorpe, March term, 19JO. Sentenced to chain-gang four months, or fine of $35.00. The County Commissioners refused to accept her in chain-gang, and by some means she was not reported to Prison Commission. Rhe has, therefore, remained in jail since March to July, and the trial Judge feeling that she has had sufficient punishment, recommends her release. Commutation granted July 9, 1910.
PAUL GmFFrn.-Simple Larceny, from City Court of Fulton, Feb. term, 1910. Sentenced to fine of $50.00, or 8 months on chain-gang. This was his first offense; he stole only two boxes smoking tobacco, and has served faithfully five months in gang,

GovERNOR 's MEssAmj.

51

having smallpox during the time. His wife is in critical condition, and in need of his services and attention. Commutation granted July 1:2, 1910.
Gussrn JoRDAN.-Selling Liquor, from ( 'ity Court of Jasper county, September term, 1909. Sentenced to twelve months at State Fann. She has served all of sentence but about a month, with good record, and has small children who need her care and attention. Her pardon is recommended lly 10 of trial jury, many citizens and warden. Uornmutatiou granted July 19, 1910.
W. ]~. BKRRL~Misdemeauor, Uity ( 'ourt of b1 ult1on, March term, 1910. Sentenced to eight months in chain-gang or fine of $40.00. l 1onvicted for transferring his salary account, and afterwards collecting the same. He was drunk at the time and has served about one half of term. Ilis <:onrnmtation is recommended by many citizens, ,vho !Jave faith in his future good conduct; the trial judge and others reeomrnend him and say that the offense for ,Y11ich he was convicted only involved about $:!O.OU, aud it seems that he has been punished ,mi'ficiently under the circumstances. Commutation grnnteJ ,July :!1, 1910.
JOHN HACKNJff.-Assault to Rape, from Superior Court of Taliaferro county, Fall term, El03. He has served seven .vears of sentence, ,md the alleged victim makes affidavit that he is not guilty; all of the trial jury, now in life, reeommend his releas(\ and so does the prosecutor, the trial judge, the rep-

52

GovERNOR 's MESSAGE.

resentative of the county, and many other prominent citizens. Commutation granted July 22, 1910.
SIMO_N JOHNSON .-Gaming, from City Court of Danielsville, April term, 1910. Sentenced to twelve months on the chain-gang. He was really engaged to detect lot of other gamblers and was engaged in game for this purpose. The trial judge was not aware of this fad and sentenced him to chain-gang for time stated. His petition for commutation is strongly inclorsed. Commutation granted .August 8, 1910.
,JKFl<'ERSoN PARKER.--Larceny, from Superior Court Fult!on ( 'o., June term, 1910. Sentenced to Industrial Farm. Defendant is a boy fifteen years old, whose people are of excellent character. His father is a minister in very bad state of health and lleeds assistance of hoy. The trial judge, solicitorgeneral, sheriff and prominent eitizens urge his release. ( )ommutation granted August 12, 1910.
JACOB LAMAR.-Voluntary :Manslaughter, from HibL Superior Court, .June term, 1909. Sentenced three years in penitentiary. He is a boy, only seventeen years of nge. The circumstances show that he was not entirely to blame, and he may have been justifia.lile. IIis release is urged by the trial judge and rnan.'r prominent eitizens. Commutation granted SepteH1her 1, 1910.
K W. SM1nr.-Keeping liquors in public place, from City Court of Macon, August term, 1910. Fine $150.00 and thirty days in jaiJ. He has previously

GovERNOR 's MESSAGE.

53

borne good reputation and evidence shows no sale of liquor. U. S. Senator Bacon and others recommend clemency. Sentence reduced to payment of fine imposed and present service in jail. Septem ber 1, 1910.
PETER GEoRGE.--'Misdemeanor, from City Court of l\!lac'On, ,June term, 1910. Sentenced to three months in jail and three hundred dollars, or six months on chain-gang. He is in very lol'I state of health and the trial judge recommends that chaingang senten<'e be remitted. Commuted to present service upon rm~n1t:>nt of cost, September 7, 1910.
W1LL ~lELTO~ .-Lareeny, Troup Superior ( 'ourt, Spring term, 1910. Sentenced to twelve months on chain-gang. ~-\.mount taken was $-i.00 and the prison eonnnission is in doubt as to his guilt. He has senw! more than seven months and the trial judge recommends his release. Commutation granted Septemher 7, 1910.
Eucm_;,.,~; RonERTs.-}lurder from ( 'hatham Superior Court. February term, Hl10. Sentenced to hang. He is a hoy, seventeen years of age; the trial jury rerommended eommutation to life imprisonment. C]ernene~- is urged hy many le::1ding eitizens of eounty. Commutation to life imprisonmPnt granted September 8th, 1910.
Eu MuLLis.-Selling Liquor, from ,Yilcox Supe-
rior Court, March term, 1909. Renteneed to twelve months in chain-gang or two months and $:250.00.

54

GovERNOR 's :MESSAGE.

Trial judge requests commutation to fine of $50.00, ,vhich recommendation was granted September 8, 1910.
Jog .i\iooRE.-Voluntary }lanslaughter, from Museogee Superior Court, May term, 1909. He was a weak-minded negro boy, who in playing with a boy friend fired off, it is claimed, accidently, an automatit- pistol, killing his friend. His attorney filed plen of guilty for him and be was sentenced to two years in penitentiary, having served half of said sentell('(', the ('ircumstanees wanant his commutation to prP,-,Pnt ,-,ervice, whieh was grnnted Septem-ber 9, rn10.
ELIZA Uu1rn.-lufantieide, Upson Superior Court, Spring term, 1889. She was convicted on circumstnnti,d evidence, tl1e thild killed being her own, Sit(-\ has served more than twenty years with good eondnct and is afflicted by disease. Her release is n-'<orm11ended \Jy grnncl and petit juries, county of{i(er:-; and many other good eitizens. Commutation granted September 10, 1910.
B. l,'. Hoc;A::--r.-- Voluntary :\Ianslaughter, Richmond Superior ( 1ourt, Spring term, 1910. Sentenced to twelve months in penitentiary. The trial jury recommended extreme merey of the e,ourt. His ehar;1der is sho,,-n to be exeellent, and physieians certify tlrnt he ean not endure hard labor. The trial jnda;e, prnsec-uting solieitor and physieians recommend that his sentenee be commuted to jail sentence. ( 'ornrnubtion granted September 10, 1910.

GovERNOR 's MESSAGE.

55

FRAZIER HEAD.-Concealed pistol, City Court J asper Oo., September term, 1909. Sentenced to four months and fine of $50.00 or eight months on the chain-gang. His previous character is shown to have been good, and those who testified against him shot him some ten times, inflicting serious wounds, and for which they have been pr,osecuted. The circumstances make it very probable that he was prosecuted in order to weaken the force of the prosecution against witnesses. i\fany good citizens of county indorse his application for clemency. Sentence commuted to fine of $50.00 or four months on chaingang September 17, 1910.
J. H. WHITLOCK.-Attempt to Murder, Houston Superior Court, August term, 1910. Sentenced to twelve months on drnin-gang and $50.00 fine. 'rhe prosecuting attorney and many other good citizens urge reduction of sentence to fine imposed. They testify to his honesty and prior good conduct. Sentence commuted to payment ,of $50.00 or twelve
months in the rhain-gang September 24, uno.
J. C. TucKER.-Murder, Telfair Superior Court, Fall term, 1909. He has always had an excellent character; trial jury, county officers and many leading citizens of county, together with the wife of the man killed, ask his pardon. The circumstances warrant an extension of clemency. Commutati,on granted September 28, 1910.
WILL BuTLER.-Horse Stealing, Dodge Superior Court, Spring term, 1905. Sentenced to twelve years

56

GovERNOR 's MESSAGE.

in the penitentiary. Trial judge says that, upon investigation, he is convinced that Butler was innocent, and that he thinks it probable that the witness himsPlf, testif:-ing against Butler may have been thf guilty party. He has served five years, and wafl onl:- fifieen :-ears of age when convicted. Commutation granted September 29, 1910.
GENEVA LASTER.-Fornic,ation, City Court of Zebulon, ,July term, 1910. Fine and imprisonment. Sh(> is a colored woman charged with having had intercourse with a white man, and was convicted upon evidence of witness who, testifying subsequently, upon the trial of the white man, refused to testify to illicit intercourse and the man was acquitted. She has served in the chain-g,ang about two months and her pardon is asked by trial officers. CommutaHo granted September 29, 1910.
CLAUDE SMITH.-Attempt to murder, Fulton Superior ( 'ourt, January term, 1909. Sentenced four years in the penitentiary. He was a young man about eighteen years of age when convicted, anrl. prior thereto had always born a good reputation. JI.. was induced by a friend to drink, and, while intoxi cated, stabbed a stranger whom he met upon the street. He entered plea of guilty, and was sentenced without full explanation of circumstances under which he acted. The trial solicitor now states that he thinks he has served a longer period than would have been imposed upon him if the circumstances had been fully known to the court when sen-
tencing him. Commutation granted October 1, 1910.

GovERNOR 's MESSAGE.

57

F. P. wHrTLEY.-Misdemeanor, Criminal Court, Atlanta, April term, 1909. Sentenced $1,000.00 fine or twelve months. His guilt seems to rest largely upon technicality; the trial judge and solicitor recommend commutation of sentence to $150.00. Commutation granted in accordance with recommendation to $150.00 or twelve months in the chain-gang, October 8, 1910.
LEE ELLER.-Selling vVhiskey and Larceny, Oobb Superior Court, 1904. Trial judge and others recommend clemency. Commutation granted October 10, 1910.
En. MosEs.~1\fonler, Uhattahoochee Superior Court, August terni, 1910. Sentenced to hang. He is a negro boy of weak mind who w,as tried on day after the commission of his crime. ,Jurymen, county officers and many good citizens of county ask clemency for him. Sentence commuted to life imprisonment October 14, 1900.
ABE Rum:N".-Larceny, City Court of Macon, July term, 1910. Sentenced to four months in chain-gang and fine of $150.00. He has paid fine and served all of sentence except about two weeks. Serious accident having recently happened to one of his small children the trial judge urges his release in order that he may remain with child. Commutation granted October 18, 1910.
EDWARD vV. HARKER.-Selling Cocain illegally,
City Court, Richmond, M.ay term, 1909. Sentenced to

58

GOVERNOR 's MESSAGE.

six months in jail and $500.00 or twelve months in chain-gang. He is badly diseased, both physically and mentally, as shown by affidavits of physicians. His relatives offer to take care of him if released and it seems that he is unable to pay fine. Commutation granted October 18, ]910.
SAM VAUGHN.-Larceny, Fulton Superior Court,
.March term, 1910. Sentenced to one year in chain-
gang. Criminal intent is doubtful; he has served more than six months and his release is asked by trial judge and solicitor. Commutation granted October 18, 1910.
E. ]'. Krna.-Selling Liquor, Gordon Superior Court, August term, 1909. Upon former consideration of applic1ation for clemency by Prison Commission it was intended to release defendant on two <.'nses against him, upon payment of $500.00, for which reason his sentence was commuted accordingly, October 19, 1910.
JoHN CADLE.-.:\lanslaughter, Haralson Superior ( 'ourt, May term, 1906. After entering lli)On dis<.'harge of sentence he became insane, and was transferred to State Sanitarium, where he regained normal condition. The grand and petit jury, and the trial judge ask his release. Commutation granted October 19, 1910.
FRANCIS -wooDWARD.-Burglary, from Coffee Superior Court, Spring term, 1910. He was indicted and pleaded guilty with Tally Luke, who upon appli-

GOVERNOR'S MESSAGE.

59

cation was released on payment of fine. He was unable to pay fine, and the trial judge, ,vho sta,tes that he is a fatherless and friendless boy, asks that he be released. Several hundred good citizens of the county also joined with the judge in recommending his release. Commutation granted Oct. 19, 1910.
RANDOLPH vVrMPEE.-Distilling, Haralson Superior Court, January term, 1910. Sentenced to fine of $200.00 and costs or twelve months in chain-gang. Trial jury recommended pardon ; and there seem:,, to be some question as to his guilt. Sentence com-
muted to fine of $200.00 or twelve months on chain-
. gang, Oct. 19, 1910.
JACK WoRTHrnGTON.-Rape, from Bartow Superi,or Court, Sept. term, 1909. Sentenced to twenty years in penitentiary. The woman alleged to have heen mped now swears that he is not gui1ty, and that he did not even attempt the act, therefore, the trial judge and solicitor ask his release. Many good citizens join in the request. C"ommutation granted Ortober 20, 1910.
CHARLIE ToRBAUSH.-Misdemeanor, from Criminal Court, Atlanta, August term, 1908. The trial judge and solicitor ask his release, on account of good conduct, and his being a youth ,at date of conviction. He has served more than the minimum sentence fixed by law for the crime committed. Commutation granted Oct. 20, 1910.
JrM AusTIN.--Voluntary Manslaughter, from El-

60

GovERNOR 's MESSAGE.

bert Superior Court, Spring term, 1909. Sentenced to seven years in the penitentiary. He is hopelessly diseased with tuberculosis, and his immediate release is urged by trial judge, County Commissioners, and county physician, in order that he may rereiYe proper care and not be a menace to the other convicts confined with him. Commutation granted Oct. 20, 1910.
JoHN SHEPARD.-Larceny, Hart Superior Court, F1all term, 1909. Sentenced to twelve months in the chain-gang. His release is urged by County Commissioners, rounty physician, warden, trial judge, solicitor and ordinary on ground that sentence has nearly expired, that he has been seriously injured by dislocation of knee while in chain-gang, and on account of his good conduct while confined. Commutation granted October 21, 1910.

HATTIE STEPHENS.--Larceny, Fulton Criminal Court, July term, 1910. Sentenced to twelve months on chain-gang or $100.00 fine. ,She has served four months and the trial judge and solicitor recommend rommutation to fine of $50.00. Sentence commuted to fine of $50.00 or twelve months in chain-gang November J, 1910.

CLAUDE BAKER.-Larceny, City Court of Atlanta,
October term, rnrn. Sentenced to Hapeville Refor-
matory. He iR only thirteen years of age and his parents who reside in Augusta, Ga., are good people and it is deemed that he will be better off with them

GovERNOR 's MESSAGE.

61

than in the reformatory. Commutation granted November 10, 1910.
SAM HuNT.-Kidnapping, Polk Superior Court, August term, 1909. He was convicted for kidnapping a young woman, eighteen years of age. It appears that she is of doubtful reputation and th3t she was not invigeled, but went with defendant by common consent. The solicitor general and many reputable citizens ask that sentence be reduced to payment of fine. Sentence commuted to fine of $150.00 November 9, 1910.
PJ<jARLY ALLEN.-Infanticide, 'l'roup Superior
Court, November term, 1906. Sentenced to life im-
prisonment in the penitentimy. She is a negro girl who W3S eighteen years old when convicted. She has served wi1th good conduct since May 1907, and her guilt is ver~' doubtful. Commutation gr~nted November 11, 1910.
HARRY WOODALL.-Seduction, Gordon Superior Court, September term, 1909. Sentenced three years in the penitentiary. F,vidence upon original trial barely sufficient to support verdict rendered. Newlydiscovered evidenre, supported by various affidavits, show that the crime committed must have been forniootion. His previous good character and splendid prison record, together with indorsement of county officers and prominent citizens of county, warrant his release. Commutation granted November 18, 1910.
JOHN RoBERTs.-Assault with Intent to Rape,

62

GovERNOR 's MESSAGE.

Franklin Superior Court, 11:arch term, 1908. Sentenced to ten years in the penitentiary. He is a young married white man, whose pardon is recommended by trial judge and eleven jurors together with most of grand jury. He has served ia,bout three years. Commutation granted November 18, 1910.
vVAYNE SMITH.-Simple Larceny, City Court
Houston ( 'o., Fall term, 1908. He was convicted on three cases and sentenced to twelve months in chaingang for each offence. He is a white man, of weak mind, who was at one time confined in State Sanitarium. Having served out two sentences of the three imposed, and being of weak mind, his release is recommended by tri3l judge, solicitor and county offi('ers. Commutation granted November 19, 1910.

,JoHN HENRY .Jo::-rns.-Attempt to Wreck T,rain, Houston 8uperior Court, April term, 1909. Sen-
tenced to reformatory. He was a thirteen year old,
weak minded, ignorant hoy, who had previously borne 11 good reput3tion. He has been kept at the reformatory for eighteen months and his release is urged hy many of the best citizens of Houston county. Commutation granted November 19, 1910.

SIMON J OHNSON.-Drunk on Public Road, City Court, 1\fadison, April term, 1910. He was drunk on public road an<i, somewhat disorderly, but did no
personal harm to :my one. The trial judge and so-
licitor, together with mnny good citizens, believing that he has been punished sufficiently, recommend

GovERNOR 's MESSAGE.

63

his release. Commutation granted November 19, 1910.
SAM and LEWIS DuNN.-Oar Breaking, Biub Superior Court, January term, 1910. Sentenced to reformatory, .Milledgeville. They are two brothers, fourteen and sixteen years of age, belonging to good family. Their mother, who has three small children dependent upon her, is in bad state of health and unable to work and needs their assistance. This wa:-: their first offence and their release is requested by railroad people, solicitor general and many otlil', good citizens. Commutation granted November ~;), 1910.

TH0M4s :F'. McNALLY.-Abandonment of children, City Court, Richmond, June term, 1910. Sentenced to twelve months in the chain-gang. He wa:$ employed as printer in Augusta and fell into drinking habit, thereby leaving employment. \\'hile tlm~ unemployed he abandoned his "'ifo and childreu, fo~ which offence, he was convicited. The trial judge, foreman Augusta Chronicle, camp warden, and others ask his release. He is suffering from partial blindness. Commutation granted November 22, 1910.

CHARLIE JoNEs.-Misdemeanor, DeKalb Superior Court, March term, 1910. Sentenced to twelve months in chain-gang. He is suffering from wound, and the need of treatment. The trial judge, solicitor, county commissioners, and county physician

64

GovERNOR 's MESSAGE.

recommend his release. Commutation granted November 26, 1910.
BuLLY ARTEMus.-Murder, Fulton Superior Court, Fall term, 1897. Sentenced to penitentiary for life. He was granted a parole April 6, 1909, and having complied with the conditions thereof, and giving assurance of future good conduct, his release i1s warranted. Commutation granted November 28, 1910.
B'LoYn CoPELAND.-Attempt to .Murder, Green Superior Court, November term, 1909. Sentenced to four years in the penitentiary. Doubt as to defendant's guilt, as expressed by the judges of the Court of Appeals, and other circumstances connected therewith, warrant his release. ('omnrntation granted November 28, 1910.
SAM W1LLIAMs.-Selling Liquor, City Court of Macon, June term, 1910. Sentenced to seven months on chain-gang. Sworn certificate of Dr. A. B. Hinkle shows that the defendant's physical condition is such that he i,s unable to serve sentence, and that in his opinion, it will prove fatal to him. Therefore, the trial judge and solicitor recommend that sentence be commuted to payment of fine or to jail 'sentence. Sentence commuted to payment of $150.00 or confinement in jail for seven months, December 6, 1910.
SAM H ..uaoon.-Concealed Pistol, Criminal Court, Fulton county, June term, 1910. Sentenced to twelve months or $75.00 fine. He iS' a small farmer; this is his first offence, and with personal harm to

GOVERNOR'S MESSAGE.

65

no one; he is unable to pay fine, but has served six months. His wife, who is in the last stage of consumption, needs his presence at home. The prosecutor, trial judge, solicitor general, and many other good citizens urge his release. Commutation granted December 7, 1910.

,TAMES M. RAMEY.-1\iisdemeanor, City Court, Fulton, August term, 1910. Sentenced to eight months in chain-gang or $50.00 fine. He was con_vided for ,;hooting craps and the probating officer sta,tes that lie ii;; not an habitual gambler. He is unable to p:,y fine nnd his release is asked by trial judge, solieitor and many other good citizens. Corntnutation granted December 7, 1910.

To111 ADAMs.-Seiling Liquor, ( 'ity Court Calhoun, April term. 1910. Sentenced to twelve mouths on chain-gang. He has served six months of sentence in chain-gang, without work on account of his physi('al eonditiou. 'I',ffo physicians certify that heart affliction constantly threatem; his life. 'rhe warden and many citizens of the county recommend
Ms release. Commutation granted December 7.
1910.
JAMES MoRRISON.-Gaming, City Court of Spalding, September term, 1909. Sentenced to the Stat<> reformatory. He has been at reformatory for morn than H year ,md has profited by discipline. 'l1he trial judge, solicitor and county officers ask his release. Commutation granted December 7, 1910.

fiG

Gov_ERNOR 's l\h:ssAGE.

MALCOMB ,Voon.-Simple Larceny, Pulaski Superior Court, August term, 1909. Sentenced to two years in penitentiary in each case, total your years. He entered pleas of guilty, meaning thereby to admit simply that he was in possession of stolen cattle. He is ignorant and a large number of good citizens, who ask his pardon, state that there has been an unintentional miscarriage of justice. Sentence commuted December 6, 1910.

WARREN C. SMITH.-Forgery, Fulton ,Superior 0ourt, June term, 1910. Sentenced to fine of $100.00 or ,six months in jail and twelve months in chaingang. The forged check was for $50.00, which amount has been paid by his fo:ther. The six months jail sentence has been served, with the exception of three days. He is of good family and the trial judge, believing that he will, in future, lead an upright life, recommends clemency. Commutation granted December 10, 1910.
WILL MoRRow.-Rape, Coweta Superior Court1 September term, 1903. Sentenced to twenty year~ in the penitentiary. The woman said to have been 11aped and her husband, in written statement before. officer, ask his pardon. The general testimony supporting conviction was delivered by woman alleged to have been raped. Defendant has served for more than six years. The frial judge and jury, being convinced that his conviction was a miscarriage -of justice, ask his release. Commutation granted December 8, 1910.

Gov,mNoR 's MESSAGE.

67

IKE Rus1n11w.-Murder, Jones Superior Court,
April term, 1910. Sentenced to hang. It is said that
he was attacked in cabin at night; he fled therefrom and was pursued by men, who shot at him, he returned Bl1ot witlt gun and killed one party. Upon trial of casP n witnes,s was absent, without l1is fault, who nO\\' "hcnvs hy affidavit mitigating rircurnstances. The trial ,i11d.1(P snys that, after careful investigation he lrn,-; re,1elied conclusion that sentenre should be comnrnte<1 to lifr imprisonment. Commutation to life imprisonnH'nt gnrnted December 13, 1910.
ih:!'s L.\<'KEY.--\'olm1tary ).Jmislaughter, Newton ~upPrior ( otut, Neptemlwr tmm, 1904. Sentenced to te11 years in tbe penitentiary. He ha8 served six yP,1rs of the tell imposed, and tlw trial solicitor says that. insorn1wl1 as tile <'<1>:iP was n weak one and the defrndmit c-ontem1s tlrnt the liorni('ide was acciden tal, he heartily indorses his application for clemency. }Vian) jurors and citizens do likewise. Commutation granted DnePm1wr 13, 1910.
HENRY STROACRER.-1lurder, from Bibb Superior Court, Spring term, 1887. ~enteneed to life imprisonment. He lrns :,;erved faithfully for :2;3 years, being a trusty for the past 15 year,s, and is now enfeebled by age. The solicitor-general and four of tl1e :,;urviving- rnemhen-; of tlie trial j11ry rt><omrnend his pardon.
R1WMONJ> HowLANJ>.-Simple Larceny, from \Vl1ite Superior ( 'ourt, April term, 1906. Sentenced to ten years in penitentiary. He was granted a pa~

68

GovBRNOR 's .:\ifossAm:.

role July G, Hl09, and having complied with the conditions of the same and giving assurance of future good conduct, his release is warranted. Commutation granted Dec. 21, 1910.
B. 1V. .MITcHBLL.-Burg-lary, from If'ulton Superior ( 1ourt, ,Spring term, 1910. Sentenced to two years in penitentiary. He was a boy about 19 years of age when convicted, and seems to have been led into tr,ouble by an older man, who now exhonerates him entirely. The trial judge and many good citizens, ask his release. Commutation granted Dec. 22, 1910.
R. L. :MoRGAN.-Misdemeanor, from City Court of Fulton, September <term, 1910. Sentenced to twelve months in chain-gang. The trial judge and solicitor recommend his release, on ground that he was given too long a sentence and that he has been punished sufficiently. Commutation granted Dec. 31, 1910.
,J. P. MrLLER.-Fornication, from City Court of Millen, Fall term, 1910. Sentenced to fine of $:300.00
and c-osts or twelve months on the chain-gang. 'rhe
circumstances of the case are ,such that many good, citizens of the county think he should be released, and that he has been somewhat severely punished already. Commutation to fine of $100.00 granted .January 7, 1911.
D. C. DrxoN.-Murder, from Bryan Superior Court, Nov. term, 1910. Sentenced to hang. It is a.

Gov1rnNoR 's }{ESSAGE.

6!)

very weak case of circumstantial evidence, and the statement of the trial judge and solicitor, together, with recommendation of citizens warrant commutation to life imprisonment. Commuted to life imprisonment January 11, 1911.
J. 0. BucHANNAN.-Voluntary Manslaughter,
from Coffee Superior Court, March tenn, 1903. Sentenced to 15 years in the penitentiary. .Acting upon representation of his wife that the deceased had grossly insulted her, he k:lilled him, both par't,ie,s shooting. His release is strongly urged. Commutation granted January 18, 1911.
~-,Ess BROWN.-Voluntary l\fanslaughter, from gmanuel Superior Court April term, 1902. Sentenced to 15 years in penitentiary. He has served more than eight years, and has apprehended es<aping convicts while in confinement himself. He is recommended by the trial judge and solicitor, and nrnny good citizens. Commutation granted January; 18, 1911.
ANDREW JAcKsoN.-Garning, from City Court of .\tlanta, November term, 1910. Sentenced to $50.00 or eight months in chain-gang. The trial judge and solicitor ask that his sentence be commuted to fine of $25.00. Commuted to fine $25.00 .January 19, 1911.
,Joirn SMITH._JMurder, from Talbot Superior Court, September term, 1910. Sentenced to hang. Trial fooge, Rena tor from district and representative

70

GovERNOR 's MESSAGE.

from county, together with many good citizens, recommend that he be commuted to life imprisonment. Commuted to life sentence in penitentiary, January 19, 1911.
CROSBY Cox. -Larceny, from Criminal Court of Atlanta, September term, 1910. Sentenced to fim, of $150.00 or twelve months in chain-gang. He was convicted for taking a,bout dozen ears of corn, when he was about 15 years of age. He has served four months, and his pardon is asked by prosecutor, trial judge, solicitor and prominent citizens. Commutation granted January 21, 1911.
NoBLE BuRTON.-Gambling, from City Court, 8pringfield, September term, 1910. Sentenced to six months in chain-gang. He has served all of sentence except about six weeks; his application for clemency is endorsed by the trial judge and solicitor. Sentence commuted to fine of $25.00 Dec. 10, 1910.
JIM BuRKE.-Operating moving picture show without license, from City Court of Barnesville, January term, 1911. Sentenced to fine of $120.00 ov six months on chain-gang. The trial judge, solicitor and others ask that sentence be commuted to smaller fine. Commuted to fine of $83.05, as recommended, Jannary 26, 1911.
B. J. BANKSTON.-Robbery, from Fulton Superior Court, August term, 1907. Sentemed to four years in penitentiary. TIP was <011Yidt>d witl1 twn, otlwr parties. one of whom no,Y Pxlionernt(:-- lii1n;

71
prose,11 tor, tl1,.,I .111dgp, :--oli<itor aml trial J'tir.vJ ask his release, 011 belief that he is inno<'ent. ( 'ommuta-
tion grantetl, .January ;n, Hll] .
.MAUD DAvrs.-Larceny, from ( 'ity Court, Atlanta, October term, 1910. Sentenced to farm six months. She i1s a white girl about sixteen years old, who was convicted of stealing about two dollars worth of clothing. Her surroundings at the farm are very bad, and her release is asked by the trial judge, and other good people, who say she will be restored to soriety. Commutation February 2, 1911.
Bun CooPER.-Murder, from Gwinnett Superior Court, March term, 1893. Sentenced to life imprisonment. He was granted parole July 8, 1909, and having fulfilled the conditions thereof, his release is warranted. Commutation granted February 2, 1911.
O'MEia PowELL.-Manslaughter, from Sumter Su-
perior Court, Spring term, 1906. Sentenced to
twenty years imprisonment. He was paroled July 30, 1909, and having satisfied the demands thereof, is entitled to release. Commutation granted February 3, 1911.
JOHN SMITH.-Voluntary Manslaughter, from Irwin Superior Court, March term, 1!)05. Sentenced to twenty years in penitentiary. He was granted a parole July 7, 1909, and having satisfied the conditions thereof i's entitled to release. Commutation granted Feb. 3, 1911.

72

GovERNOR 's MESSAGE.

J. H. CouRsoN.-Larceny, from Fulton Superior Court, Decemiber term, 1910. Sentenced to six months in chain-gang. He begun serving sentenc& imposed at once; being attacked with pneumonia, it developed into tuberculosis and he is now in serious eondition. His release is recommended by trial judge, solieitor and county physician. Commutation granted Feb. 9, 1911.
.JosEPHINE MASHBURN.-Assault and battery, from Habersham Superior Court, Nov. term, 1910. Sentenced to six months in chain-gang, or twentyfive do 11ars and costs. She is the wife of an old confederate so]dier, and is over fifty years of age. She had tight in her own house, and it seems that she has been punished snffieiently. Commutation granted Feb. 11, 1911.
RrcHARD BACON.-Murder, from vVayne Superior Court. F~a 11 term, 1895. Sentenced to life imprisonment. He was gTanted a parole Feb. 23, 1909, and, having complied with the conditions of the same, h<! is entitled to bi's release. Commutation granted Feb. 14, 1911.
DAN W ADE.-Mayhem, from Miller Superio1, Court, :b--,all term, 1895. Sentenced to life imprisonment. He was granted a parole July 1, 1909, and having satisfied the conditions of the same, is entitled to release. Commutation granted Feb. 14, 1911.
li'RA'NK JoNEs.-Murder, from .Jones Superior Court, Spring term, 1896. SentenePd to Life Impris-

0-ovERNOR 's .i\!lm,SAGE.
onment. He wac; granted a parole June 26, 1909, and having satistied the conditions of the srame, should be relea8ed. Commutation granted Feb. 14, 1911.
HERBERT LoNu.-Burglary, from Fulton county, ]?all term, 190G. Sentenced to Reformatory. He was granted a parole .June :24, 1909, and having satisfied the demands thereof is entitled to discharge. Commutation granted February 14, 1911.
HoMER Nm,sox.-Assault with intent to murder, from Fulton Superior Court, Spring term, 1906. Sentenced to four years in the penitentiary. He was paroled April 13, 1909, and having complied with the condition thereof, has earned a discharge. Commutation grante<l February 1--1-, Hlll.
SrLLY Snrn:~:s.-Burglary, from Dougherty Superior Court, Spring term, HJOJ. Sentenced to eight years in the penitentiary. He wa8' granted a parole April 7, Hl09, nnd having satisfied the demands thereof, is entitled to diseharge. ( 'ornrnutation gnmted Fehruan, 14, 1911.
OuvER \V1Lcox.-Man::.;laugliter, from 'l'elfair Snperior Court, ]';ill term, 190G. Ht~ was granted ,1 parole April D, 1909, and having complied with its eonditions, has earned his discharge. Commutation granted February 14, Ulll.
SAM GoTHER8.-}[urder, life imprisonment, from McIntosh Superior Court, October term, 1897. He was granted parole June 26, 1909, and having oom-

74

GovERNOR 's MESSAGE.

plied with its demands, is entitled to discharge. Commutation granted February 14, 1911.
SoN BALDWIN.-Manslaughter, from Clark Superior Court, Spring term, 1900. Sentenced to fifteen years in penitentiary. He was granted parole April 5, 1909, and having complied with its demands, has earned his discharge. Commutation granted February 14, 1911.
iMRs. C. C. \VALL.-Selling liquor, from Rabun Superior Court, August term, 1907. Sentenced to fine of $350.00, or twelve months in chain-gang. She alleges that as she understood, no chain-gang sentence was imposed at the time she was sentenced, but only a fine, which she paid and was discharged. She remained at liberty for nearly two and one-half years, when she was again taken in custody, to serve the chain-gang sentence. She is a white woman about sixty years of age, is in poor health, and tho Representative of county, all county officers, but one, and a very large number of the best citizens of tho county, ask that she be released. Commutation granted February 14, 1911.
PETER CLAHK.-Voluntary manslaughter, from Randolph Superior Court, November term, 1906. Sentenced to ten years in penitentiary. He was granted parole April lG, 1909, and having satisfied the demands thereof. has earned discharge. Comrnnta tion granted February 14, Hlll.
ToM KEMP.-Murder, from Marion Superim

75
( ourt, ,/a11w1ry tLrn1, lS!J!J. Seutei]('ed to life imprisom11ent. 1le was granted parole April :21, 1909, and having satisfied the demands thereof, is entitled to his discharge. Commutation .granted February ]4, 191].
ANDY HoLLINGSWORTH.-Murder, from Liberty Superior Court, Fall term, 1895. Sentenced to life imprisonment. He was granted parole April 15, 1909, and having satisfied the demands thereof, has earned his discharge. Commutation granted February 14, 1911.
,ToE KAsPERACK.-Stealing ride on train. Sentenced to three months in chain-gang. He has served faithfully, while able, but received a serious wound from mattock in hand of another convict, without fault on his part, and has been disabled therefrom. His release is asked by the trial judge, county physician, and county commissioners. Commutation granted February ]4, 1911.
HrLEY ,VrLLIAMs.-Murder, from Houston Superior Court, April term, 1910. Sentenced to hang;
Upon careful examination of case, I find it too closely
approximatps heat of passion to constitute murder. ( 'omrnnted to lifo imprisonment :B1 ebruary 14, Ell 1.
:\l. L. Purnn.-Drunkene8s and shooting on public highway, from Pike Superior ( 'ourt, March term, ]910. 'Sentenced to hrnlve months in each case. He has served with good conduct since April, 1910, since which time lrn has sustained serious crippling of one

76

GovERNOR 's MESSAGE.

hand, and is otherwise diseased, which renders him unable to work, as shown by certific,ates of physician. The prosecutor and trial solicitor ask his release.
Commutation granted ]~ebruary ]5, rnn.
RosALEE S1Ms, ALIAS SMALL.-:Murder, from Burke Superior Court, January term, 1911. Sen_, tenced to hang. She is a negro girl, about seventeen years of age, who has had no advantage in life. S1 he wa,s indicted with a negro man, who actually perpetrated the offense and has been convicted and paid death penalty. The trial judge says it is a case for the exercise of executive clemency. Commutation to life imprisonment granted February ] G, 1911.
PKttRY PwKENs.-J\lurder, from Hart Superior Court, March term, 1908. Sentenced to life imprisomnent. In combat with deceased he inflicted wound of whieh he died several months later, in the meantime having exposed himself much and dissipated considerably, making it doubtful whether ho would have died if he had taken proper care of himself. rrhe trial judge, solicitor, jury and court officers ask his release. Commutation granted February 16, 1911.
,T. R. DuKE.-Murder, from Polk Superior Court, March term, ]910. Sentenced to hang. He was tried within a week of the commission of the crime, and was convicted on testimony of three negroes in crap game at time crime committed. Clemency is urged by members of bar, who heard the case, by

GovERNOR 's MESSAGE.

77

eitizens of responsibility, and by all of jury but one.
Commutation granted February 16, rnn.
SAM ALLEN.-Burglary, from Monroe Superiou Court, August term, 1907. Sentenced to five years in penitentiary. He has served all of sentence but about eigl1t months, during which time he has prevented the escape of other convicts. rl'he trial judge and solicitor recommend his application. Commutation granted ]'ebruary 16, 1911.
ELIZABETH R~RNEs.-Robbery, from Richmond 8uperior Court, Spring term, 1908. Sentenced to twenty years. She was indicted and convicted with another woman, both receiving twenty year sentenees. rl'he other woman was granted new trial on teehnieality, afterwards entered plea of guilty and received sentenee of twelve months. The trial judge says the robbery was a very mild one, and that he thinks she :.;hould be released. Commutation granted. February 20, 191].
J. W. SHEPPARD.-Selling liquor, from Terrell Superior Court, March term, 1910. Sentenced to twelve months in the chain-gang. He contends ho is not guilty, and was convicted on the evidence of sole witness. He is a business man of good stand~ ing, and about five hundred citizens of the county say they believe he is innocent, and ask his pardon. Sentence commuted to fine of $150.00 February 20, 1911.
W. C. GRovEs.-Selling liquor, from City Court

78

GovERNOR 's }h:ssAtrn.

of Macon, Fall term, 1910. Sentenced to four months in jail, and $750.00, or eight months on chain-gang. Physician certifies that he cannot undergo jail sentence without serious impairment of health, on account of previous physical condition, and the trial judge says he would not have sentenced him to jail had he known of his physical condition. Commutation as follows: In lieu of jail sentence, to pay a fine of $250.00, and in lieu of chain-gang sentence, additional fine of $750.00. Granted February 21, 1911.
LUTHER GENTRY.-Burglary, from Haralson Superior Court, July term, 1910. Sentenced to twelve months in the chain-gang. He was convicted on circumstantial evidence, the witness testifying being personally unfriendly to him. T;he jury recommended him to mercy and now asks Executive clemency, and reduction of sentence to fine. Nearly; three hundred citizens join in the recommendation, on grounds of his not being able to perform manual service. Commutation granted February 23, 1911.
PAUL LA,vsoN.-Murder, from Burke Superior Court, Spring term, 1891. Sentenced to life imprisonment. He was paroled April 16, 1909, and, having complied with the conditions thereof, his release is irnthorized. Commutation granted February 2:1, 1911.
J. L. STALKAKER.-Voluntary manslaughter, from Taylor Superior Court, October term, 1897. Sentenced to twenty years in the penitentiary. He w~s granted parole June 19, 1909, and having complied

OovERNOR's MESSAGE.

79

with the conditions thereof, his discharge is authorized. Commutation granted February 23, 1911.

GEORGE GARDNER.-Attempt to murder, from Cobb Superior Court, Fall term, 1906. Sentenced to, ten years imprisonment. He was granted parole April 14, ] 909, and, having satisfied demands thereof, is authorized discharged. ('ommutation granted February 23, ]911.

ALLEN SrKEs.-.Murder, from rrelfair Superior Court, Spring term, 1889. Sentence to life in the penitentiary. He was granted parole April 14, 1909, and having complied with its conditions, is entitlec! to discharge. Commutation granted February 25. 1911.

"TALLACE .MooRE.-.Arson, from Meriwether Rnperior Court, August term, 1907. Sentenced to ic;even year8 in penitentiary. He was granted parole .Tnne 15. 1~)09, and having satisfied the demands of the samt' is entitled to his discharge. Commutation gnmtec! February 28, 19] l.

BEN Low.-------"Murder, from Superior Court Macon

conn ty, November term, 1908. Sentenced to life im-

pri somnen t. He was indicted and convicted with

one Scott Jones; the evidence as to his participation

in the 8hooting is conflicting. It is very likely tliat

hiR connection in the matter was simply that of

peace-maker. He is recommended for clemency by

the trial judge, solicitor, and many other lawvers

and citizens. Commutation granted Februm'\'" 28,

1911.

.

80

GovERNOR's M~~ssMrn.

GEORGE JoRDAN.-Attempt to murder, from J1:1it+ per Superior Court, :H'ebruary term, 1909. Sentenced to ten years in the penitentiary. rrhe shooting occurred in general row and drunkenness. rrhe negro who was shot now swears that he does not know whether Jordan shot him or whether he shot himself. The trial judge says from facts learned since trial of case, he now thinks the sentence was for too long a term, and he, together with the solicitor-general, now urges clemency. Commutation granted JI'ebruary 28, 1911.
BERRY FosK1'L-Voluntary manslaughter, from Pulaski Superior Court, August term, 1903. Sentenced to ten years in penitentiary. Crediting him with good time, his sentence has nearly expired, and the trial judge said that it was a case where clemency might be extended by pardon at the end of six years service, and now recommends release; so also does all the jury, with exception of one. Commutation granted February 28, 1!111 .
TOHN KENNEBRE\V.-Concea led weapon, from
:F'ayette Superior Court, September term, mm. Sen-
tenced to nine months in chain-gang. rrhe county phy,sician makes affidavit that he has treated him and that he is physically unable to work. He received permanent injuries at about the age of fifteen and he is now fifty-three years old. Commutation granted February 28, 1911.
J. N. CoLE.-Malpractice m office, from City
Court of Jenkins County, ,July term, 1910. Sen-

GovER_NOR 's }h,ssAGE.

81

tenced to twelve months in the chain-gang. 'l'he trial solicitor says he thinks that the time he ha;,; served, together with a fine of from $100.00 to $150.00 would be sufficient vindication of the law. A large number of citizens recommend commutation,
and say that his family needs his protection. It is
alleged that he made smal I overcharges as eonstable, but he contended on the trial that his charges were lega1 and cnstornar;,-. Commutation granted l\fareh 1, 1011.
SAM ,L1cKSO_N.-}lurder, from \Yalton Superior Court, February term, 190~3. Sentenced to life im-
prisonment. vVhen about rn years of age he shot
and killed a negro boy friend, as he contends accidentally. He has served about eight years, and it may have been an accidental shootinng, and as the trial judge, solicitor and many of the jury recommend his release, commutation is warranted. Commutntion granted ~farrh 1, 1011.
RoBEJl'l' L. Hou,TNGSWOHTH.-Robhery, from DeKnlb Superior Court, Mareh term, Jf)()9. Rentenced to five years in penitentiary. He had been under the influence of alcoholic stimulants to sneh an extent that physicians testify that they think his mind was at the time demoralized and deranged. He has been treated and cured, and his release is urged by offieers of the State Farm, trial jury, and solicitor prosecuting case. Commutation grant(~d March 3, 1911.

82

C.m'EHNOR 's MESSAGE.

CHARLES E. BRYANT.-Burglary, from Emanuel Superior Court, March term, 1904. Sentenced to fifteen years in penitentiary. The trial judge says he is satisfied he has been punished sufficiently for the crime committed, and, therefore, recommends release. T:he county physician certifies that his eye,s are diseased and that he is threatened with blindness, and that for this reason he is not in position to do much service. Commutation granted March 10, 1911.
SoN CAREY.-Burglary, from Fulton Superior Court, spring term, 1903. There are four cases with total sentence of twelve years. He has served out three of the four sentences imposed, with good conduct, and has rendered extraordinarily meritorious service in assisting the wardens and guards in preventing other convicts from escaping. Commutation granted March 15, 181 l.

H1mALD CoLLlNs.-Robbery, from Fulton Superior ( 'ourt, :March term, 190G. Sentence to ten years in the penitentiary. He was paroled April 20, 1900, and having satisfied the demands thereof, has earned his release. Commutation granted, March 15, 1911.

MACON SrMs.-Shooting at another, from Oglethorpe Superior Court, October term, 1907. Senteneed to four years in penitentiary. He has served with good conduct the major portion of his sentence, rind his release is urged by thf' trial judge, solicitor,

,rnd large number of good citizen,;. ( 'ornrnutatiou granted, :March 15, 1911.
GEORGE W. M1xoN.-lVJanslaughter, from John:ion Superior Court, Fa11 term, 1910. Sentenced to '!!ix years in penitentiary. The grand and petit jury, the judge and solicitor City Court, clerk Superior Court, and more than 1,100 good citizens of J olmson ,ounty urge his pardon. Commutation granted March 15, 1911.
ALVIN EsTJ~s.-Forgery, from Floyd Superior Court, ,January term, 1908. Sentenced to State Re-
formatory. He has served in obedience to the law
and the superintendent of the farm says he merits his release. Commutation granted J\farch 15, 1911.
SAM LYNN.-Concealed pistol, from Fulton City Court, December term, 1910. Sentenced to fine of $250.00, or twelve months in chain-gang. Upon entering plea of guilty he stated to judge that he wa:;; drunk at the time offense was committed and did not know whether he was guilty or not. rrhe trial judge, solicitor and many good citizens thinking that he has been punished sufficiently and that his family is badly in need of his services, ask his release, on fine of $50.00. Commutation, to $50.00, granted J\farch 15, 1911.
'WILLIE ,YALKER.-Misdemeanor, from Fulton Superior Court, November term, 1010. Sentenced to nine months on chain-gang. Solicitor says he entered plea of guilty with understanding that alter-

h4

Oon:RNOR 's :\lEssAG E.

native sentenee of $50.00 would be imposed, but that same was omitted by oversight. He has served four and one-half months, and the solicotor-general now asks that sentence be commuted to fine of $30.00. Commutation to $:30.00 granted 1Iareh 16, 1911.
HENRY CART1':R.-Larceny, from Elbert Superior
( 'ourt, September term, l no. Sentenced to twelve
months in chain-gang. He pleaded guilty, stating the part which he took in stealing goods from railroad rar, the statement showing him to be an accessory. He gave testimony voluntarily against the real perpetrators of the offense, and as tlie county phy,sician eertifies to inahility to work, his release is authorized. Commutation granted, March 1G, 1911.
GEoRm: Hu1Ts.-Larce11y, from Floyd Superior Court, March term, 1910. Sentenced to fine of $100 or twelve months in chain-gang. He was convicted for ,stealing post cards worth about $1.50, and claims that he does not know who put them in his pocket. 'fhere is some doubt as to the term for which he was sentenced, neither the judge nor the solicitor remembering the term. He contends that he has served more than his sentence as stated by judge, but clerk's record shows sentence to be twelve months. He has served eight months, and the judge, solicitor and grand and petit jury ask his release. Commutation granted March 16, 1911.
AMOS ROBINSON.-Voluntary manslaughter, from Terrell Superior Court, Spring term, 1906. Sen-

GovER:NOR 's MESSAGE.
tenced to twenty years in penitentiary. The deceased, who was drinking, and quarrelsome when in imch condition, went to the home of defendant, a hard working peaceable negro and, as shown by some of the witnesses, stated to defendant that he had eome to settle row with him, the same being done in a threatening manner, and defendant shot and killed him. It is shown that deceased told party a short while before kil1ed that he was going there and kill defendant or make defendant kill him, and it is also 8tated that he tried to shoot defendant through the gate. rJ'he trial jury, solicitor, many attorneys and other good citizens ask his release. Cornrnuta ti on granted :March 17, 1911 .
.rIM Pix~ ELL.-}\! nrder, from l\lorgan Superior
Court, J\larch term, Hl07. Sentenced to life imprisonment. rl'he trial judge, solicitor, prosecutor, trial jury and over 600 good citizens of county where crime -was committed, ask his release. While plea of insanity has not been sustained, it is shown that from serious injury to head by accident, at times under excitement, he seems deranged. Commutation granted March 17, J911.
RoMrn GRIFFLN.-Larceny and concealed weapon, from ( 'ity Court of Spalding, June term, 1910. He is a nt>gro boy, sixteen years of age, when convicted. He was <'Onvicted for stealing a pistol, and the samf> was found on his person concealed, for which he was also convicted. The trial judge, and the prosecutor

B(i
believe he will 11ot again violate the law and ;Jc'lk iii:-; release. Commutation granted March 1'7., ]!) 11.
GoRDON J. B. McDoNALD.-Murder, from Pulaski Superior Court, Fall term, 1907. The development of certain testimony since his conviction cause the jury and trial judge to doubt his guilt and to request his release. He is of good family. Commutation granted March J6, 1911.
Wn,L JoNEs.-Assault with intent to murder, from Emanuel Superior Court, October term, 1908. Sentenced to five years in penitentiary. Dr. Jno. P. Atkinson, physician at the State farm, certifies that he has been paralyzed on one side for fifteen months, and that he is unable to work, and has been of no service since being there. Commutation granted ::\farch 17, 1911.
ANNIE SHoWERs.-Voluntary J\1anslaughter, from Wayne Superior Court, Spring term, 1904. Sentenced to twelve years in penitentiary. She was granted parole February :W, 1909, and having complied with the conditions of the same, her release is warranted. Commutation granted March 2:3, 1911.
C. W. ( 10RnETT.-Voluntary manslaughter, from Berrien Superior Court, spring term, l!J09. Service to eight years in penitentiary. He was marshal of city and attempting to suppress disorder when deceased was shot. Many shots were fired by others than himself, and the testimony upon which the case was tried, was uncertain and contradicting. The

GovERNOR 's MESSAGE.

87

shooting was at a negro restaurant, and many negroes participated in shooting. Five hundred good citizens, preachers, lawyers, farmers and mechanics, ask his release, and the general circumstances warrant it. Commutation granted, March 25, 1911.
J. L. CoKEN.-Burglary, from Houston Superior Court, Fall term, 1908. Sentenced to three years in penitentiary. He was very young when convicted, and has served with good conduct all of sentence but about two months, and hi,s release is urged by trial judge, solicitor and county officers of Whitfield county, where he was raised. Commutation granted March 28, 1911.

CLARENCE DuRDEN.-Rape, from Newton Superior Court, September term, 1909. Sentenced to eight years in penitentiary. He was convicted upon the sole testimony of the woman alleged to have been raped. She now makes affidavit that the intercourse was with her consent. Since the trial of the case the woman's bad character ha,s been made to appear to the judge and the solicitor, who now recommend his. rPlease. ( 'ornmntation granted .April 3, lDll.

,'\HTHt:R ,J onNsoN .-Voluntary manslaughter, from
Floyd Superior Court, Fall term, moo. Sentenced
to seven years. He was granted parole December 26, 1!-J09, and having satisfied the demands thereof, is entitled to his discharge. Commutation granted
A pri1 11, 1911.

88
\VrLL AvERY.-Selling intoxicants, from Cobb Superior Court, l\larch term, 1911. Sentenced to fine of $500.00 and costs, or twelve months in chain-gang. It is very doubtful whether the defendant should have been convicted in the case tried. There were four other cases against him, to which he entered pleas of guilty, but the judge refuses to sentence him, or to discharge him, so he seems perpetually imprisoned, in effect, and therefore should have some relief. Commutation to tine of $100.00 granted April 11, 1911.
\YrLL MoRGAN.-Lareeny, from F'ulton Su19erior Court, Spring term, 1909. Sentenced to three years in penitentiary. He was convicted of stealing a piece of jewelry, but it has been shown that another boy gave him the same, and escaped arrest. 'I1he proseeutor, the trial judge, and solicitor ask his re-
lease. Commutation granted April l::!, rnn.
1-IAT'lTE PAHKEn.-Manslaughter, from Bibb Superior Court, November term, 190D. Sentenced to eighteen months in pellitentiary. She has been in service more than hnilve months, and while in jail prevented others ('Onfined therein from escaping, by divulging to the jailor their plot. The solicitor says he thinks she has been punished sufficiently. Commutation granted April 20, 1911.
G. F. CornER.-Selling liquor, from Walker Superior Court, February term, 1910. Sentenced to $750.00 or three years in the three cases. The trial judge and solicitor, together with large number of

citizens in \Valker county, urge his release. Com-
mutation granted, April 27, rnlJ.
"\VILL BETlffKE.-:l\lanslaughtt>r and gaming, from .b7 ayette Superior ( 'ourt, Spring term, 1908. Sentenced to ffre years and twelve months, respectively. He has served one sentence and part on the other, with exeellent record. The trial judge, solicitor, eleven jurymen, and many citizens urge his release. His service in reeapturing eseaped eonviets entitles him to reward. Commutation granted May 1, J911.
ALEX. EnMO:N'.-Concealed pistol. Spring term. 1911, City Court of Atlanta. Senteneed to twelve months in dinin-gang, or $100.00. There is considerable doubt as to liis identity, and the judge now says, if it Wf're in his power, he would gnmt a new trial. The judge and solieitor urge his releasf'. Commutation granted 1:Jay 4, 1911.
"\VrLL Cuu~BY.-Selling liquor, from City Court
Carroll county, September term, 1mo. Sentenced
to twelve months in chain-gang, or fine of $150.00. He has se1Ted about eight months of the twelve months sentence imposed, and the trial judge, solicitor, county eommissioners of Carroll county, and warden recommend his release on account of his ill health and inability to work. Commutation granted May 4, Hl1J.
Mm Nm SMITH.-Selling liquor. ( 'obb Superior Court, March term, 1910. Sentenced twelve months

on (!iai11-gang and *300.00. She is a wonwn, ilixty011e years of age, and lias served twelve months of her sentence with good conduct. Many intelligent citizens urge her release. Commutation to present service granted May 3, 1911.
BEN ATKrnsoN.-Bryan Superior Court, November term, 1894. Sentenced to life imprisonment. He was paroled April 7, 1910, and having complied with the conditions thereof, his release is authorized. Commutation granted May 5, 1911.
IDELLA BANKs.-Murder, Brooks Superior Court, December term, 1897. Sentenced to life imprisonment. She is a negro woman, who upon advice of counsel entered plea of guilty, and received life 'Sentence; but she claims that she is innocent and says the killing was an accident, being caused hy the falling of a clothes pole upon the head of deceased child while mother wa,s washing clothes. She has served faithfully, and her release is recommended hy judge of the City Court and other good citizens. Oommutation granted May 8, 1911.
CLARENCE NELSON.-Burglary, Bibb Superior Court, Fall term, 1909. Sentenced to State Reformatory. Superintendent Bethume says that he has complied with requirements and rules, and recommends his discharge. Commuted by discharge May 11, 1911.
PINK AncocK.-Shooting at another, Bartow Superior Court, November adjourned term, 1910. Sen-

GovERNOR's M1<1ssAGE.

91

tenced to chain-gang twelve months. He has served nearly half the sentence, with good conduct, and tht trial judge and solicitor recommend his release on payment of $25.00 and cost. Commutation, to $25.00 and cost, granted May 19, 1911.
HoBBS GILBERT.-Violating prohibition law, Muscogee Superior Court, February term, 1911. Sentenced to six months on chain-gang, or $300.00. He is a one-legged white man, and has served twr, months of his sentence. The trial judge and solicitor recommend reduction of fine. Sentence commuted to $50.00, May 22, 1911.

B~:N BATISE.-1lurder, Chatham Superior Court, August term, 1905. Sentenced to life imprisonment. Killing occurred in small crowd where considerable shooting by different parties occurred. The record does not show clearly that defendant shot at deceased. Members of trial jury now say that his conviction, in their opinion, was a miscarriage of justice. He has served five years with good conduct and protests of innocence. Commutation granted May 24. 1911.
DuDLEY JoHNSON.-Misdemeanor, City Court of Houston county, April term, 1911. Sentenced to $150.00 or twelve months on chain-gang. By order of the Judge, a certain number of days was allowed for payment of fine, which ,,as not eomplied with in lH'c>nr<l;rn<P witli t1w onlN. Tl1e trial judge ree11n1rnernh tlrnt t1ie dei'Pnd:rnt lw 110w nllmvPd to pa~ tlw

92

GovERNOR 's MESSAGE..

fine imposed, which request was granted. Commutation to fine of $150.00, May 25, 1911.
CHARLIE FrsH.-Burglary, Houston Superior Court, April term, 1907. Sentenced to seven years. He was convicted when a boy, sixteen years of age, for stealing pistol of the value of $10.00, from house. He has served four years with excellent conduct. The prosecutor whose pistol was taken, the trial judge, the superintendent and warden, ask his release. Comrnubtion granted ::V[ay 24-, 1911.
.T. C. CArn.-Murder, Wilkes Superior Court, May term, 1!)07. Sentenced to life imprisonment.
He was drunk when deceased was killed, but has always maintained that pistol was fired accidentally, and there is strong probability that his statement is true. He has served about four years with good conduct and the trial jurors and a large number of officials and citizens ask his pardon. Commutation granted May 29, 1911.
DAVF: PETERs.-:Murder, from gnrn.nuel Superior Court, Spring term, 18~)9. Sentenced to life imprisonment. He was granted parole }lay 8, 1910, and, having imtisfied the demands thereof, is entitled to his discharge. Commutation granted ,Tune 6, 1911.
JOHN HoLDER.-Manslaughter, from Laurens Superior Court, January term, 1905. Sentenced to fifteen years imprisonment. He was granted parole December 23, 1909, and having satisfied the demands thereof, is entitled to discharge. Commutation granted ,Tune 6, 1911.

Oov~,RNOR 's MESSAGE.
WILL SMITH.-Murder, from Bibb Superior Court, November term, 1893. Sentenced to life impris,onment. He was granted parole March 10, 1910, and having complied with its demands, is entitled to discharge. Commutation granted June 6, 1911.
JOHN BICKERS.-Burglary, from Bibb Superior Court, November term, 1905. Sentenced t? ten years imprisonment. He was' granted parole September 20, 1909, and has satisfied the demands of the same. Commutation granted .Tune 6, Hlll.
ToM ANDERSON.-Murder, from Emanuel Superior Court, January term, 1898. Sentenced to life imprisonment. He was granted parole September 18, 1909, and, having satisfied the demands thereof, has earned his discharge. Commutation granted June 6, 1911.
JAMES LocKET.-niurder, from Bibb Superior Court, January term, 1897. Sentenced to life imprisonment. He was granted parole December 23, 1909, and, having satisfied the demands thereof, is entitled to discharge. Commutation granted June 6, 1911.
MARY DuRDEN.-Murder, from Camden Superior Court, Spring term, 1900. Sentenced to life imprisonment. She was granted parole January 29, 1910, and having satisfied its demands, merits discharge. Commutation granted June 6, 1911.
CELLAS WooDWARD.-Assault with intent to murder, from Clayton Superior Court, September term,

94

OovERNOR ~ MESSAGE.

1910. Senten~ed to four years imprisonment. The
defendant is one of three brothers who were tried and convicted for participation in the same offense, which occurred at a negro frolic. Some one put the light out during the row, and the whole transaction could not 1be well seen, but the evidence, while conflicting, does not satisfactorily show that the defendant was engaged in the commission of the crime, and it seems most probable that he was trying to prevent it. His application for clemency is wel] recommended. Commutation granted June 6, 1911.
CHARLES SwANSON.-Manslaughter, from Campbell Superior Court, spring term, 1905. Sentenced to nine years imprisonment. He was granted parole November 18, 1909, and, havillg satisfied the demands thereof, is entitled to discharge. Commutatjon granted June 6, 1911.
J01-iN STANGLING.-Selling liquor, from Wilkes Superior Court, November term, 1910. Sentenced to twelve months in chain-gang. He has served about eight months, and is a cripple and unfit for work. The county officers, trial judge, solicitor and others urge his release. He was only the agent, and has given material testimony leading to the conviction of the real offenders of the law. Commutation granted June 8, 1911.
HENRY AND Bum,TELL .WRIGHT AND WALTER FuRLO\L-Rape, riot, from Bnker Superior Court, Fall tPrn1, l!lo:l. ~P11te1He<1 to hYenty years imprisonm<'11t. Tlie al leg-Pd ,idirn in tliP rnpe ense asks their

pardon, and states that they are not guilty. The trial judge, the grand and petit jury, together with all tl1e county officers, including the board of educatio11, ask pardon. Commutation granted June 9, 1911.
LEE FuLLER.-As,sault with intent to murder, Towns Superior Court, September term, 1906. Sentenced to ten years in the penitentiary. Fuller bas served about half of his sentence, and is now fiftyfour years old. He has made a good prisoner and physicians certify that he is not able to do manual labor. He claims to have shot the young man for insulting his daughter. Commutation granted June 10, 1911.
,JoHN NELMs.-Manslaughter, from wehster Su-
perior Court, April term, 1905. Sentenced to 15 years in penitentiary. He was granted parole Det~ember 11, 1909, and having satisfied the demands of the same, is entitled to discharge. Commutation granted June 13, 1911.
HENRY SMITH.-Burglary, from Montgomery Superior Court, April term, 1900. Sentenced to 15 years in penitentiary. He was granted parole January 31, 1909, and having complied with its demands should be discharged. Commutation granted June 13, 1911.
PARKER LEwrs.------'Murder, from Hancock Superior Court, spring term, 1893. Sentenced to life imprisonment in penitentiary. He was paroled January

96

GovERNoR 's MESSAGE.

31, 1910, and having satisfied its demands, merits discharge. Commutation granted June 13, 1911.
ELWOOD RoBINSON.-1\furder, from Dodge Superior Court, May term, 1910. Sentenced to hang. The deceased was murdered by his wife and the defendant, and his body was thrown into a well. rn1e trial judge says that the woman, who was equally as guilty as the man, was not hanged, and that, therefore, he recommends clemency for the defendant. 'J'he Prison Commission takes the judge's view of the matter, and I endorse the same. Commutation to life imprisonment granted .June 13, 1911.
vVALKER BARENTINE.-1\fanslaughter, from Cow-
eta ,Superior Court, :March term, ] 908. Sentenced to five years in penitentiary. He was g-ranted a parole September 2, ] 909, and having satisfied the demands of the same, is entitled to discharge. Commutation granted ,Tune 13, 19]].
~JoHN H. '1_'1rnLL.-::VIurder, from 'Washington Superior Court, Fall term, 1891. Sentenced to life imprisonment in penitentiary. He is a white man, who has served with good conduct twenty years. 'fhe trial judge says he was convicted on circumstantial evidence, that on trial he pleaded alibi, and that there is a probability of his innocence. He and the trial solicitor recommend clemern1y. Commutation granted June 13, 1911.
DEAN BROWN.-Assault with intent to rape, from Harris Superior Court, April term, 1901. Sentenced

Gm-ERKOR's ).!EssAGE.

97

to twenty years imprisonment in penitentiary. The defendant was 18 years of nge wheu erime was committed, and the girl ,ms nbout nine, both being negroes. It is shown that she had been intimate with other negro boys, and the intent to rape is doubtful. The trial judge is now dead, but an affidavit says he said he would recommend pardon. The grand jur;v and the aeeessib1e trial jury reeommend liis release; many good citizens do 1ikewise. Commutation granted, ,June J3, HJJJ.

GEORGE HARVIx.-M:nrder, from Calhoun Superior Court, Deeember term, 1893. Sentenced to life imprisonment in penitentiary. The solicitor says he doubts the existence of malice in the case, under the evidence. He has seITed faithfully seventeen years, and is now about fifty-seven :-ears of age, and afflicted. There is grave doubt as to his guilt, and his application for elemency is strongly endorsed. Oommuta tion granted ,June 13, 1911.

SYNOPSIS OF COM:M:UTATIOXS.
On recommendation of trial judge, etc.________ 26 On recommendation of trial judge, solicitor, ete. 41 On recommendation of trial judge, jury, ete.___ 4 On recommendation of trial judge, solicitor,
jury, etc. ------------------------------- 17 On recommendation of trial solicitor, etc.______ 11 On recommendation of trial jury, etc.__________ 14 On account of disability, etr.__________________ 10

98

GovERXOR 's MESSAGE.

On recommendation Superintendent Reforma-
tory, etc. ------------------------------- 4 On account of revrnrd for preventing escapes
from penitentiary, ete.___________________ 3
On account of miscellaneous recommendations__ 12 Ou account compliance with parole (onditions
granted by Governor Smith______________ 20 On account compliance with parole conditions
granted by Governor Brown______________ 14

Total _____________________________ 176

PAROLES.
C. S. ScoTT.-Manslaughter, from Brooks Superior Court, Fall term, 1897. Sentenced to twentv years in penitentiary. He has served about thirteen years; under the record and affidavits submitted, it is doubtful whether he should have been convicted. Under the conditions of the Act of 1908, he is entitled to parole, and the same was granted him July, 1910.
BEN Brvrns.-Murder, from Henry Superior
Court, October term, 1892. Sentenced to life impris-
onment. He has served about eighteen years. He did not perform the physical act of murder, but was only an accomplice, and upon the trial aided in the conviction of the real perpetrator of the offense, according to the statement of the then sheriff. The prosecutor does not objert to his release, and he has

GovERNOR 's MESSAGE.

99

fully complied with the conditions of the Act of 1908. Parole granted July 1, 1910.
,ToHx R1LEY.-:Manslaughter, from Taylor Superior Court, Spring term. HJ08. Senteneed to twelve ;vears imprisonment. The trial judge says the testimony for the State was nry eonflicting, and that the testimony of the main witness for the State was inconsistent and in many respeets unsatisfaetory to him. The trial jur~- reeomrnends his release. He has romplied with the conditions of the Act of 1908, and parole was granted ,July 6, ] 910.
"\YM. F. FALLEN.-Assault to murder, from Chatham Superior Court, October term, 1910. Sentenced to four years in penitenti,ir~-. Tl1e trial jury reeommended that he he punished for a misdemeanor, but the ('ourt disregarded the reeommendation. The representative,s of eounty, the Senator of the distriet, the eounty officers, the trial jury and many eitizens now ask his release. Parole granted July 22, 1910.
}[rLTON ( 'ARTER.-Burglary, from Fulton Superior Court, ,January term, 1907. Sentenced to eight years in penitentiary. He has served three years and the property taken was of small value. His preYi ous elrnracter j,-; shown to be good, and the proseentor, trial judge and solicitor ask his release. Parole granted July 28, 1910.
JoHN PARKER.-Larreny, from v\cilkes Superior Court, Fall term, ] 909. Sentenced to twelve months

100

GovER~OR 's :MESSAGE.

and six days in penitentiary. The prosecutor says he was led into commission of the crime by an older negro, who is now serving sentence therefor, and that he was not the real principal in its commission. Parole is authorized under Acts of 1908, and was granted August 9, 1010.
ToM GuFFY.-Murder, from Fulton Superior Court, Fall term, 1898. Sentenced to life imprisonment. All the accessible trial jury, the trial judge, and a large number of prominent citizens ask his release. Parole granted August 28, 1910.
F. D. LovE.-Burglary, from Houston Superior Court, Fall term, 1908. Sentenced to six years in penitentiary. There is grave doubt as to his guilt, and the prosecutor recommends parole, which was granted September 3, 1910.
PRATHER DEMPSEY.~Manslaughter, from Newton Superior Court, March term, 1905. Sentenced to penitentiary fifteen years. It is not likely that he intended to kill the deceased; he is from good family, and has lost one eye from explosion of gas in coal mine to which he was sent since his conviction. A large number of good citizens in Newton and adjoining counties ask his release. He was a mere boy when convicted. Parole granted September 9, 1910.
DAN WrLLIAMs.-Robbery, from Fulton Superior Court, Fall term. 1909. Sentenced to four years in penitentiary. James Sheppard, upon whose testimony the defendant was convicted. now makes affi-

GovERNOR 's MESSAGE.

101

davit that defendant had nothing to do with the robbery. The prosecutor expresses doubt as to Ms guilt. Judge Roan, who presided at trial, and Solicitor Hill, prosecuting solicitor, recommend parole. Parole granted September, 1910.
IKE BRrT.-Larceny after trust, from Fulton Superior Court, October term, 1906. Sentenced to five years imprisonment. The trial judge and solicitor recommend his release; the camp physician certifies to his afflicted condition, and the grand jury ask his release. He has served about eight and one half years with good conduct, and his release is warranted. Parole granted September 13, 1910.
WrLL Goss.-Murder, from Madison Superior Court, September term, 1897. Sentenced to penitentiary for life. He pleaded self defense and the record shows mitigating circumstances. The trial judge and jury, together with many good citizens, ask his release. Parole granted September 29, 1910.
Lucrus GuTHRrn.-Assault with intent to murder, from Cohb Superior Court, March term, 1906. Sentenced to twenty years in penitentiary. The trial Judge says the evidence was circumstantial and that he thinks it quite likely that some of it may have been false. He, together with the trial jury and county officers, recommend release. He has complied with the conditions of the Act of 1908, and parole was granted October 1, 1910.
JuLIUS YouNG.-Burglary, (two cases) Fulton

102

GovERNOR 's J\bssAGE.

Superior Court, Oetober term, 1907. The trial judge and solicitor recommend his parole and, under the conditions of the Act of 1908, he is entitled to the same. Parole granted October 3, 1910.
.JACK STRANGE.-Manslaughter, Floyd Superior Court, November term, 1907. Sentenced to fifteen years in penitentiary. There is serious doubt as to his guilt, as shown by newly discovered evidence, The trial judge and a large number of citizens of Floyd county request his re1ease. Parole granted October 5, 1!HO.
,YrLL ,ToHNSON.-}lanslaughter, Crisp Superior Court, September term, 1906. Defendant was chased b.Y another negro with large stick for several b1ocks in the cit.Y of Cordele. Upon reaching house he secured gun and shot deceased. He was convicted of vo1untary manslaughter and sentenced to seven years in penitentiary. The trial jury and solicitor recommend parole; the same is granted October 17, 1910.
FosTER. BRooKs.-?\1urder, Catoosa Superior Court, Spring term, 1893. Sentenced to life imprisonment. When about thirteen years of age he was convicted for the poisoning of his step-father. He has at all times denied his guilt. Since beginning service of sentence his right hand has been crushed and practically disab1ed for work. He has served seventeen ;years with good conduct. Parole granted Ortoiher 19, 1910.
RALPH .JOHNSON. Burglary. Clayton Superior

GovERNOR 's MESSAGE.

103

Court, September term, 1898. Sentenced to twenty years. T)J.e trial judge, solicitor and many good citizens endorse his application for clemency, upon grounds of sufficient punishment. He has served twelve years with good conduct and his release i~ warranted by the Act of 1908. Parole granted October 19, 1910.
WrLL WrLSON.-Attempt to murder, Greene Superior Court, August term, 1908. Sentenced to four years in the penitentiary. This was a family occurrence with no serious harm resulting. All parties concerned, together with the trial judge, solicitor, twenty-one grand and eleven trial jurors, county officers and others, indorse his application for clemency. Parole granted October 19, 1910.
EMMETT SnAw.-Fulton Criminal Court, March term, 1909, misdemeanor. Sentenced to Fulton Reformatory. The boy does not seem to be at all vicious, his mother is very much in need of his services at home, and his release is urged by many of Atlanta's best citizens. Parole granted October 19, 1910.
ANDREW PARKs.-Murder, Madison Superior Court, Spring term, 1899. He has always protested innocence. The trial judge is not living, but the trial solicitor indorses his application for clemency. He has served more than twenty years with good conduct. Parole granted October 20, 1910.
JAMES GRAHAM.-Murder, Bul1och Superior

104

GoYER~oR 's :MESSAGE.

Court, .F'all Term, 1891. Sentenced to life imprisonment. New evidence shows that deceased was advancing upon defendant with a drawn knife at the time of the shooting. The trial judge and the solicitor, and the accessible jury recommend clemency. He has served nearly twenty years with good conduct. Parole granted October 28, 1910.
REUBEN AvERY.-Murder, DeKalb Superior Court, F'ebruary term, 1892. Trial judge, present solicitor-general, all living accessible trial jurors, city and county officers and members of the Legislature from said county, recommend clemency. Parole granted November 8, HllO.
0Lrn PHARR.-Embezzlement, 'relfair Superior ( 1ourt, Spring term, 1908. Sentenced to four years in the penitentiary. Crediting defendant with good time to which he is entitled he has served about three years, and his conduct shows compliance with the conditions of the Parole Act of 1008. Parole granted November 17, 1910.
HENRY BEcK.-Manslaughter, Troup Superior Court, Fall term, 1909. Sentenced to five years in the penitentiary. Additional circumstances, developed since the trial of the case, show great provocation upon the part of the deceased, and a purpose upon his part to kill defendant, who was his step-son. His petition for clemency is strongly recommended and urged by good citizens of the county familiar with the surrounding circumstances. Parole granted November HI, 1910.

GovERNOR 's MESSAGE.

103

L. C. JornER.-Forgery, Sumter Superior Court, Spring term, 1908. Sentenced to five years in penitentiary. He has served about half of his sentence and rendered valuable assistance to the State in connection with the recent fire at the State _F'arm. ~--U date of his release he was confined to hospital on account of physical conditions. Superintendent of farm says he is entitled to great consideration and circumstances show full compliance with the conditions of the Act of 1908. Parole granted December 8, 1910.
BEN HARRis.-Manslaughter, Coweta Superior Court, March term, 1907. Sentenced to five years in the penitentiary. His release is recommended by prosecutor, State's counsel, grand and trial jury, county commissioners and other county officers, together with large number of citizens. Parole granted December 9, 19] 0.
SrMOl'l LocKEL-}lurder, from YlcDuffie Superior Court, Spring term, 1893. Sentenced to life imprisonment. He has served faithfully for seventeen years, his failing health demands relaxation from continuous toil, and as a reward for his good conduct as a prisoner, his release is well warranted. Parole granted December 22, 19] 0.
WrLsoN, PAuL.-lVIurder, from Macon Superior Court, December term, 1897. Sentenced to life imprisonment. He was a youth, ]5 years of age when convicted, and has served more than thirteen .''ears, the last five of which has been in the capacity as

106

GovERNOR 's MEssAGE.

''trusty.'' As a reward for his faithful service, his release is well warranted. Parole granted December 22, 1910.
'SHURMAN FANN.-Rape, from Carroll Superior Court, October term, 1907. He was induced by attorney to enter plea of guilty, but the judge was so impressed with defendant's ibeing of weak mind that he gave him light sentence. The solicitor-general doubts his guilt, and hence, taking all the circumstances into consideration, his release on parole is authorized. Parole granted December 22, 1910.
E. G. CLIFFORD.-Burglary, from Chatham Superior Court, Spring term, 1905. Sentenced to ten years in penitentiary. As a reward for his helping to catch escaping convicts and preventing the escape of others, together with the recommendation of the prosecutor and acquiescence of the judge, his release 1s authorized. Parole granted Decemer 22, 1910.
TIPSEY McFARLEY.-Burglary, Muscogee Superior Court, November term, 1~)03. He has served with good conduct seven years. There is some doubt as to his guilt, and his conduct as a prisoner is good. Hence his release is warranted under the terms of the Parole Act of 1908. Parole granted January 7, 1911.
LILLIE YARBROUGH.-::\fanslaughter. Fulton Superior Court, Spring term, 1908. 'Sentenced to six years in the penitentiary. She was recommended by the Prison Commission as satisfying the demands.

GovERNOR 's MESSAGE.

107

of the Parole Act of 1908, and her release seems warranted. Parole granted ,January 11, 1911.
PHIL HERRING.-Subornation of perjury, Bibb Superior Court, Spring term, EJ04. Sentenced to ten years imprisonment. He has served faithfully since 1904, and, counting good time to which he is entitled, his sentence would expire February, l!J1~. The Prison Commission, after due investigation, recommended parole, which was granted .January 11, 1911.
Susrn DRAYTON .-~Iurder, \Yorth Superior Court, May term, 1809. Sentenced to life imprisonment. She has served about forty years and the physician at the State Farm says she now has tuberculosis. Upon investigation the Prison Commission recommended her parole, which was granted January 11,
rnn.
:+rnPHEN CesTEH.-Murder, Gordon Superior Court, 1890. ,Sentenced to life imprisonment. He has served over twenty years. He was, at date of eonvietion, employed by one Collins who was tried and convicted with him for the murder of Collins' wife; both sentenced to life imprisonment. Collins was pardoned in 1904. The judge and solicitor novY think that defendant should be paroled. Parole gnmted January l:-3, 1911.
\\'.\LTON CHAT:tvL-\N.-Voluntary manslaughter, ,J;i;-;per Superior Court, February term, 1909. Sent,TeP l to three years imprisonment. Trial judge

GovERNOR 's MESSAGE.
and the jury now state that there is doubt as to defendant's guilt and recommend parole. The Prison Commission upon examination do likewise. Parole granted January 18, 1911.
WYATT BowLEs.-Burglary, Muscogee Superior Court, Fall term, 1909. Sentenced to State Reformatory. The trial judge says he is convinced of his reformation, and asks for defendant's release. His record at the Reformatory is good, and the Prison Commission recommended his parole, which was granted February 3, 1911.
JIM DANIELs.-Murder, Jasper Superior Courtr October term, 1889. Sentenced to life imprisonment. He has served about twenty-two years, and was not the principal in the commission of the crime. He has made a model prisoner and is over sixty years of age. Parole granted February 11, 1911.
DuNK MoRRis.-Burglary, Fulton Superior Courtr January term, 1902. Sentenced to fifteen years. The trial judge, John S. Candler, says he has served long enough. He has served more than ten years and his release is strongly urged. Parole granted February 9, 1911.
ELIZA HILL.-Manslaughter, Montgomery Superior Court, Spring term, 1905. Sentenced to eighteen years in penitentiary. S1 he has served faithfully at State Farm for period of more than five years; deceased was the aggressor and defendant's release is strongly urged. Parole granted February 11,, 1911.

GovERNOR 's MESSAGE.

109

vV1LL vVHITE.-Manslaughter, ( 'oweta Superior Court, .March term, 1907. Sentenced to five years imprisonment. The testimony is circumstantial and conflicting. It is clear that the deceased fired his pistol and that he must have been the aggressor. Defendant has completed most of his sentence and the trial judge and solicitor recommend his release. Parole granted .February 16, 1911.
J oE .tiALL.-~\lurder, .Macon Superior Court, November term, 1899. Sentenced to life imprisonment. He has served with good conduct. His application for clemency is strongly endorsed and he has rendered good service in apprehending escaping convicts, for which he is entitled to consideration. Pa- role granted February 17, 1911.
CHARLIE BLACK.MAN.-.olurder, 'l'attnall Superior Uourt, April term, 1896. Sentenced to life imprisonment. He is over fifty years of age and has served more than fifteen years. On returning to his home one night found man in bed with his wife. He shot to kill man but killed his own wife. He has rendered etiicient service in apprehending escaping convicts while serving himself. His application for clemency is well endorsed. Parole granted February 23,
rn11.
DuTcH JoRDAN.-Miller Superior Court, Spring term, 1906. Sentenced to seven years for assault with intent to murder. He is a young white man with wife and small child. While in fight he shot at one man and inflicted slight wound upon another.

110

GovERNOR 's .MESSAGE.

The gun was loaded with bird-shot. He has served nearly four >-ears and his application for clemency is well endorsed. Parole gnmted February 28, 1911.
Ji~1 lh.:l\L-1.s.-Burglary, Ben Hill Superior Court, April term, ] 907. St1ntenced to Reformator>- He was eleven years of age when convicted. Superintendent of the Reformatory gives him favorable recommendation. Parole granted February 28, 1911.
HEXRY Frsn.-}Ianslaughter, -:Hiller Superior Court, Fall term, l907. Senteneed to twenty years imprisonment. Many of the jurors, eitizens and county officers ask his release, the officers expressing doubt as to his guilt. Parole granted March 7, 1911.
C:H.-1.RLTE ,Y1LLLn1:,;.--:\furder, Sumter Superior Court, Spring term, 1883. He has served faithfully twenty-four years, and his application for clemency is wt1ll endorsPd hy citizens and ofti('ers of county. Parole granted March ] 1, 1911.
~,\LEMORE ,VrLLIA:Ms,___...Murder, Emanuel Superior Court, Fall term, 1893. Sentenced to life imprisonment. The defendant claims to have killed deceased on account of the seduction of his daughter and the attempted ruin of his wife. rrhe evidence does not show the circumstances fully. He has served fifteen years and his release is strongly urged by citizens and officers. Parole gTtmted :March 16, 1911.
TIExRY Honm:s.--:\[urder, from Effingham Superior Court, October term, 188:3. Sentenced to life imprisonment. He has served faithfully for twenty

GovERNOR 's MESSAGE.

111

years and is now seYenty years of age, which means prndically a life ,-enterne. He is well recommended and his relea,-e is warranted. Parole granted March 16, 1911.
HE::'\RY M1TCHELL.-Shooting at another, from Decatur Superior Court, November term, 1908. Sentenced to four years imprisonment. He carelessly handled a pistol and fired the same off, as he contends, without intention of shooting any one, but pleaded guilty to the offense of shooting at another. He is of good negro family, has served with good conduet, and is well recommended by many good citi. zens who know him. Parole granted ::vrarch ]6, ]911.
,JoHx :\lcD0FuAu1.--:\iurder, from Lowndes Superior Court, Fall term, 1895. Sentenced to life imprisonment. He was convicted upon circumstantial evidence, has served with good conduct fifteen years, and is now nearly blind and sixty years of age. He is recommended by the solicitor, judge of circuit, and many good citizens. Parole granted March 18, 1911.
DAN T-ccKER.-Murder, from Meriwether Superior Court, August term, 1896. Sentenced to life imprisonment. He was tried with other negroes for murder, some being convicted and one acquitted. He has served fifteen years with good conduct. His general eharacter is good and he is recommended by many familiar with the circumstances of the killing, by county officers and grand jurymen. Parolegranted March 16, 1911.

112

GovERNOR 's MESSAGE.

G. S. CoKER.-Burgfary, from Houston Superior Court, Fall term, 1908. Sentenced to seven years: in penitentiary. His parole is recommended by the trial judge, by county officers and others, and his record warrants it. Parole granted ~Iarch 16, 1911.
ALFRED ALLEN.-Robbery, from Gwinnett Superior Court, March term, 1903. Sentenced to sixteen years imprisonment. Judge Russell and other prominent citizens, recommend his release, and the record made in the penitentiary warrants it. Parole granted March 16, 1911.
"\VILL MADDOX.--ilVIurder, from Butts Superior Court, February term, 1900. Sentenced to life imprisonment. He is well recommended by the trial judge, jury, solicitor, and prosecutor. His record warrants release. Parole granted March 16, 1911.
JONAH WYATT.-Rape, from Henry Superior Court, October term, 1908. Sentenced to your years in penitentiary. The facts were such as to cause the trial jury to make special recommendation for mercy, and his application is well recommended. Parole granted March 17, 1911.
JoHN SrMMONs.-Murder, from Monroe Superio1 Court, Spring term, 1888. Sentenced to life imprisonment. He has served more than twenty years with good conduct. His leg was broken by other convicts while in the discharge of his duty, and without his fault, and the trial judge, solicitor, grand and petit jury recommend his application for clemency. Parole grnnted March 16. 1911.

GovERNOR 's }[ESSAGE.

113

JOHN SAXON.-Murder, from Oglethorpe Superior Court, October term, 1894. Sentenced to life imprisonment. He has served with good conduct since his conviction, and there are mitigating circumstances in his favor. The camp physician. Dr. Gibson, Congressman W. S. Howard, and other prominent citizens, urge his release. He has rendered material aid to the guards in recapturing escaping eonYicht Parole granted March 23, 1911.
. JuLE HowARD.-Assault with intent to murder,
from Muscogee Superior Court, Fall term. 1907.
Sentenced to ten years imprisonment. ~\ material
State witness makes affidavit that the defendant is innocent, and for this reason several hundred good citizens make appeal for his release. The trial judge says he thinks parole should be extended. Parole granted March 24, 1911.
JAMES BuNCOMB.-Murder, from Chatham Superior Court, June term, 1900. Sentenced to life imprisonment. He has served more than ten years and the Grand ,Jury asks his parole; in this respect they are joined by most of the petit jury, the proseeuting attorney, and others. He has rendered good service in capturing escaping convicts since his conviction. Parole granted May 2, 1911.
OTIS BRoGDIN.-Burglary, from Putnam Superior Court, Spring term, 1910. Sentenced to three years imprisonment. He is a young white boy, who was convicted for stealing gas meters. The trial

114

GovERNOR 's MESSAGE.

judge, prosecutor and quite a number of citizens ask his release. Parole granted May 5, 1911.
GEORGE GILL.-Murder, from Troup Superior Court, November term, 1897. Senteneed to life imprisonment. He killed deceased witl1 a walking stick, and the act was done under mitigating circumstances, some reliable people say in self-defense. He has serwd faithfully over thirteen .nars, and his release is warnmted as shown hy stnrng endorsement in his behalf. Parole gnrntecl }Lty :2:2, 1:)11.
\-VILL HAGAN.-Attempt to wreck train, Pike Superior Court, April term, 1909. Sentenced to Reformatory. He is now fourteen years of age, and has been in Reformatory about eighteen months. His release is recommended by superintendent. Parole granted. Parole granted May 24, 191].
JuLrns J. ALLIGOOD.-Manslaughter, from Telfair Superior Court, Fall term, 1906. Sentenced to fifteen years imprisonment. He is very penitent for the commission of the crime, and his release is asked by trial judge, solicitor, and grand and petit juries,. together with many prominent citizens. Parole granted May 27, 1911.
BuD PooL.-Aiding escape, from Stephens Superior Court, May term, 1909. Sentenced to four years in penitentiary. The evidence was circumstantial and there is good reason for doubting defendant's guift. His release is asked by the trial
judge and jury. Parole granted May 27, 191].

GovERNOR 's MESSAGE.

115

I. vV. FouRAKER.-Assault with intent to murder,
from Clinch Superior Coul'lt, Spring term, 1908. Sentenced to ten years in penitentiary. Affidavit of the deceased says that he made the defendant shoot him and that he did not want him bothered for it, which affidavit, together with his good conduct as a convict, and in view of his recommendation for clemency authorizes his parole, which was granted .Tune 13, 1911.
YfoRms DANFORTH.-Burglary, from 1'1ulton Superior Court, March term, 1910. Sentenced to twelve months in each of two cases. The Prison Commission, upon examination, find that he is entitled to parole under the Acts of 1908, and the trial judge and assistant solicitor-general recommend his application for clemency. Parole granted June 13, 1911.
SA::vr vYHITT.-Manslaughter, from Henry .Supe-
rior Court, October term, mo,. Sentenced to 5 yearg
in penitentiary. He was eonvicted upon the testimony of a disreputable negro woman; the trial judge, jury and others recommend his release. Parole granted .June B, 1911.

SYXOPSIS OF l'AROL~cS.
On recommendation of trial judge, etc_________ 10 On recommendation of trial judge, solicitor, etc. 7 On recommendation of trial judge, jury, etc.____ 7 On recommendation of trial judge, solicitor.
jury, etc. ------------------------------- 15 On recommendation of trial solicitor, etr.______ 3

116

GovERNOR 's MESSAGE.

On recommendation of trial solicitor, jury, etc,_ 2: On recommendation of trial jury, etc.__________ 3 On recommendation of Superintendent Reform-
atory, etc. ------------------------------ 2 On recommendation of miscellaneous__________ 15 On account disability, etc.____________________ 1
On account preventing escape from penitentiary, etc. _ ______ ___ ___ __ __________ __ ____ __ __ 4

Tota] _____________________________ 69

REPRIEVE,S,
.l?RAZIER HEAD.-Concealed weapon, from City Court of Monticello, September term, 1909. Sentenced to chain-gang four months and fine of $50.00, or eight months in chain-gang. Respite granted for purpose of giving Prison Commission time to pass upon appliration for clemency, September 16, 1910.
MORRIS CoHEN.-Midemeanor, from ]'ulton Superior Court, October term, 1910. Sentenced to chain-gang twelve months, or fine of $1,000.00. Respite granted for the purpose of allowing the Prison Commission time for hearing and considering application for clemency, September 15, 1910, and again for the same purpose Ocfober 10, 1910, and November 2, 1910.
RANDOLPH WIMPEE.-Violation prohibition law, from Haralson Superior Court, January term, 1910. Sentenced to fine of $200.00, or twelve months on

GovERNOR 's MESSAGE.

117

chain-gang. Respite granted to allow time for consideration of newly discovered evidence on application for clemency before the Prison Commission, September 23, 1910.
CHARLES HoLLAND.-Robbery, from vVhitfield Superior Court, 1910. SentenrPd to twelve months in chain-gang or $250.00 fine. Respite granted to allow Prison Commission time for consideration of applica:tion for clemency, October 11, 1910.
SAM HuNT.-Kidnapping, from Polk Superior Court, 1910. Sentenced to penitentiary four years. Respite granted for purpose of allowing time to investigate application for clemency, October 25, 1910.
EnmE :MosEs.-Murder, from Chattahoochee Superior Court, August adjourned term, 1910. Sentenced to hang. Respite granted in order to give Prison Commission time for consideration of application for clemency, October 21, 1910.
TURNER STRICKLAND.-Selling liquor, from City Court of Quitman, 19l0. Sentenced to chain-gang. Respite granted November 4, 1910, to give Prison Commission time for consideration of application for clemency.
FLOY CoPELAND.-Assault with intent to murder, from Greene Superior Court, November term, 1909. Sentenced to penitentiary four years. Respite granted in order to give the Prison Commission time in which to hear and consider application for clemency, November 19, 1910.

118

GovERNOR 's MESSAGE.

:\Ins.

C.

( 1

\\'ALL-Selling

liquor,

from

Rabun

Superior Court, August term, 1907. Sentenced to

fine of $350.00 and to chain-gang twelve months.

Respites granted for purpose of giving time to hear

and consider application for clemell'cy, November

:26, 1910, again December 21, 1910, and .Tanuary 18,

1911, for same purpose.

D. C. D1xoN.-1lurder, from Bryan Superior Court,. ~ovember term, 1910. Sentenced to hang. Respite granted for purpose of giving time for hearing and considering application for clemency, De-. cember 19, 1910.

RosA LEE SYMs, ALIAS RosA LEE SMALL.-}Iurder, from Burke Superior Court, February term, 1911. Sentenced to hang. Respite granted in order to give Prison Commission time in which to hear and consider application for clemency, J17 ebruary 2, 1911.

W. C. GRovEs.-Selling liquor, from City Court of Macon, 1910. Sentenced to fine and jail, without alternative. Respite granted February 9, 1911, to allow time for consideration of application for clemency.

J. HOMER DAvrn.~Misdemeanor, from Cobb Superior Court, November term, 1910. Sentenced to fine of five hundred dollars or service in chain-gang twelve months. Respite granted, in order to allow Commission time in which to hear and consider application for clemenC_\', 1farch 6, 1911.

T. J. CHRISTIAN.-Misdemeanor, from City Court of ,~facon, 1910. Sentenced to fine of $500.00, or

GovERNOR 's MESSAGE.

119

service in the chain-gang six months. Respites granted for purpose of allowing Commission time in which to hear and consider application for clemency, March 6, 1911, also again 3farch Hi, 1911, and April 14, Hl11, for :-:nme purpose.
H. C. DoBBs.-Misdemeanor, from Cobb Superior Court, October term, 1909. Sentenced to fine of twenty-five dollars and costs or chain-gang six months. Respite granted in order to allow the Commission time in which to bear and consider application for clemency, March 11, 1911.
MINNIE SMITH.-Selling liquor, from Cobb Superior Court, March term, 1910. ,Sentenced to twelve months in chain-gang and fine of $500.00. Respite granted for the purpose of giving time for consideration of application for clemency, April 29, 1911.
F. T. TAYLOR.-Murder, from Appling Superior Court, September term, 1909. Sentenced to hang. Respite granted in order to give time for consideration of applicaJtion for Clemency, May 4, 1911.
J. C. HuNTER.-Murder, from Chatham Superior Court, Spring term, 1910. Seni:enced to hang. Respite granted to give time for consideration of application for clemency, May 5, 1911, and again June 7, 1911, in order to see development in case of the State v. John Cooker, who is being prosecuted in same court for the commission of the same offense for which Hunter has been convicted.

120

GovERNOR 's :MESSAGE.

IKE DANIEL.-Concealed weapon, from City Court of Monticello, November term, 1907. Sentenced to costs of court and chain-gang for twelve months. Respite granted in order to allow time for consideration of application for clemency, May 13, 1911.
SAM SwATSON.-Murder, from Fulton Superior
Court, February term, 1911. Sentenced to hang.
Respite granted for purpose of hearing application for clemency on ground of newly discovered evidence, June 2, 1911.
ToM JACKSON.-Murder, from Lowndes Superior Court, May term, 1910. Sentenced to hang. Respite granted for purpose of hearing application for clemency, June 13, 1911, also June 23, 1911, for same purpose.