REPORT OF THE GOVERNOR TO THE GENERAL ASSEMBLY OF GEORGIA IN RE Paroles, Commutations, Repriever- and Pardons JULY 8, 1918 1918 INDEX PRINTING CO., State Printers ATLANTA, GA. REPORT OF THE GOVERNOR TO THE GENERAL ASSEMBLY OF GEORGIA IN RE Paroles, Commutations, Reprieves and Pardons JULY 8, 1918 1918 INDEX PRINTING CO., State Printer, ATLANTA. GA. REPORT ON CLEMENCY CASES STATE OF GEORGIA, J<:xECUTIVE DEPARTMENT, ATLANTA. .Tuly 8th, 1918. To the General Assembly of Georgia,: I hand you here,vith report, as required of me by the Constitution, showi11g all paroles, commutations, reprieves and pardons granted by me since my induction into office. It frequently happens, as in the great majority of cas(~S reported under the heading '' Commutations," that convicts are unable at the date of the i:wntence to avail themselves of the privilege to pay an alternative fine. "Wherever srn:h is the case, I have, under a general polic~- which I think is right, given the convict credit for the time served on a proportionate basis. These apportionments I think fair and would like to sec some general law authoriz- ing payment on this basis direct to the proper offi- cials and without the necessity of Prison Commission and Executive action. There are now ahont two hundred and fifty applications for clemency pending which have been rec011mwnded by the Prison Cmumission. It would take all the time of anv one man to answer the correspondence relating to these cases, read records and give hearing8 to those interested. It is physieally impossible for the Executive to dispose of them all. ~~ o predecessor has done it. I devote all the time possible to them. It is hoped that the funds 3 for elerieal help to the F:xeeutive can he increased to sueh a sum as "ill ellahle this offiee to employ a pardon elerk to m;sist the IDxocnti,e in this work. Governor. PAROLES. FollowiHg parolPs approved on representation mad<> as to eharadPr of applieants prevjous to convidion, einmustarne;e; attending eornmission of nimes and prison deportment. 11~,er~ applieation for parole approved was ree011rn1ended h.'' pyery rnemher of the Prison Com11uss10n. STOKES ,Y1LLIS: F'nlton Snperior Court, l\farf'h knn, 1D11; manslaup;hter; L"i years; approved ~ov. 22nd, 1917. .Tos1,P11 S. F :\IBEnrnm: Chatham Snperior Court, ~lar('h term, 1!J14; higam.'; G years; approved Nov. 24th, 1917. J,\c\JE:-; .TExKL,:-;: Doughr; life; approved Dee. !'5th, Elli. ,r ILL HoPso?\': Trnnp Sn1wrior Con rt, Fehrnary tars; npprnvnll, 1~)05; murder; life; approved April 22nd, mm. llEXHY .:\lunPHY: Clayton Superior Court, Au- gust frnu, rn03; murder; life; approwd .:\la~- 10th) 1918. CoRA BANKS: Tattnall Superior Court, October term, 1910; manslaughter; 12 years; approved .June 20th, 1918. rro~r :MARTIN: Fulton Superior Court, Septemlwr term, 1915; burglary; 5 years; approved June 20th, 1918. ,JOHN HENRY SMITH: Newton Superior Court, ,January term, 1913; manslaughter; 10 years; approved June 20th, 1918. COMMUTATIONS. '11 he f ollmYing cases in whieh commutations were granted, were recommended by the Prison Commiss10n: NoRA DELEON: ware City Court, Spring term, H)17; vagrancy; 12 months. Sentence commuted to present service, August 9th, 1917. This applicant ,ms found on the streets of waycross without any means of support and was in such mental condition as to be a charge upon the county and instead of having her committed to the State Sanitarium, she 9 was given a sentence of 12 months and sent to the State Farm. Her mind was in such condition after a short stay at the State Farm that it was necessary to place her in the State Sanitarium. MARY ,JANE HARDY: Bibb City Court; misdemeanor; sentenced to the Reformatory. Sentence commuted to present service August 9th, 1917. It ,ms shown that this applicant had become hopelessly insane after entering the Reformatory and it ,ms necessary to commit her to the State Sanitarium, in order for her to secure proper treatment. ::-;KET BANKS: Spalding Superior Court, August term, 1916; robbery; 15 years. Sentence commuted to present service August 22, 1917, on representation made by the trial judge that another negro jointly convicted with this defendant had appealed his ease to the Court of Appeals which Court rPversed the judgment of the lower court on th(' grounds that the evidence was insufficient to support the verdict. LEROY PoNDER: Griffin City Court, May term, 1917; misdemeanor; 24 months or $150. Sentence commuted to payment of a fine of $125 September 13, 1917, which was the pro rata part of fine then due after giving applicant credit for time served. HoMER HARPE: Carrollton City Court, October term, 1916; misdemeanor; 12 months or $100. Sentence commuted to payment of fine of $12.50 on September 26th, 1917, this being the pro rata part of fine then due after giving the applicant credit for time serv~d. EuGENE. ARMSTRONG: Early Superior Court, April term, 1917; murder; death sentence. Sentence commuted to life imprisonment October 4th, 1918. The crime was committed under extenuating circumstances; evidence submitted with the applica- 10 tion for r]emency indicated that applicant was of ,n,ak mind. Lifo impriirnnment in lieu of the death sentence ,ms recommended by the trial judge, Solicitor General and practically all of the county officeTS of Early County. Tern HALPH: Cami1la City Court, September term, 1!)17; misdemeanor; 12 months. Sentence <01m1mtecl to payment of fine of $62.50 Novernher 1st, 1!H7, on the statement of the trial judge that owing to misrepresentation made to him by attorneys for the principal in this crime, he allowed the prineipal to pay a fine in lieu of a chain-gang sentence and that he thought an inequality of punishment had been inflicted and an injustice done. J_,AWTON MILLER: Tattnall Superior Court, ,June term, 1917; selling liquor; 8 months. Sentence commuted to present service November 14th, 1917. The trial judge stated that this applicant was confined to his bed in the jail of Tattnall county, and wa:,; unable to perform any labor and his condition demandPd that he be returned to his home whPre he could receive proper medical treatment. \\'rLL LAWTON: Mitchell Superior Court, .January term, 1917; shooting at another; 12 months or $150. Sentence c0111muted to payment of fine of $24 November 24th, 1917, which was the pro rata part of fine then due, giving applicant credit for time served. \V. H. LEONARD: Bibb Snperior Court, May term, 1917; burglary; 9 months. Sentence commuted to payment of fine of $30 on November 4th, HH7, on 1peommernlati011 of the trial jmlge and So]ieitorGeneral. LEN KELLY: LaGrange City Court, Spring term, 1917; misdemeanor; 12 months or $50 and 12 months 11 or $150. Both sentenres commuted to the payment of a iine of $100 on December 8th, 1917, this being the pro rata sum due, giving applicant credit for time served. LuuY JACKSON: Albany City Court, :May tmrn, 1917; violating prohibition law; 12 months or $30. Sentence commuted to payment of fine of $12.G0 on December 8th, 1917, this being the pro rnta part of fine due, giving applicant credit for tinw served. GuNBY DowDELL: LaGrange City Court, ~ovembt~r term, 1917; gaming; 6 months. Sentenee commuted to payment of fine of $40 on December 10th, 1917, on representation made to the Governor by the eounty ph~'sician of Troup county that this applicant was 1mffering from an incurable disease and ,ms liable to endanger the lives of the other inmates of the chain-gang. \Y1LL1A11 1lclxTosH: Chattooga Rtqwrior Court, .Jnne term, 1917; larceny of pistol; 12 months. Sentence commuted to present service February 13th, 1918, on representation made by the prison phy- sician that this applicant was of weak mind, was practically an idiot, and that he was then suffering from epileptic fits. So~ PHILLIPS: Atlanta Criminal Court, ;I[ovember term, 1917; carrying concealed weapons; 10 months or $50. Sentence cornnrnted to payment of fine of $82.50 February 13th, 1918, this being the pro rata sum due, giving the applicant credit for time served. MAOLA KNox: Pike County Superior Court, October Tenn, 191 G; misdemeanor; G months. Sentence co1m1rnted to payment of fine of $23 l\fareh 18th, 1918, on the recommendation of the trial judge and Solicitor-General. 12 BEK BoGAN: Cmn,ta Cit> Court, ,Tnl> term, 1917; gaming; 12 months or $60. Sentence comnrnted to payment of fme of $20, .:\farch 20th, 1918, this being the pro rata part of fine due, giving applicant credit for time served. BERT YAHRROUGH: Heard Superior Court, No,ember term, 1917; assault and attempt to murder; 12 months or $250. Sentenee eomrnuted to pa_vment of fine of $187.00 Fehnrnr> 14th, 1918, this being the pro rata part of fille then due, gfring applicant credit for time served. HARDY BRYAN: Talhot Su1wrior Court, Septemher term, 1917: sirnpl(' la rcen>: 12 mo11ths or $100. Sentence comnmk(l to pa>ment of fine of $50 Mareh 22nd, 1918, this heing the pro rata Rnm : 12 months. S(ntPnc0 cornmutemellt of -fine of $170 }Iarch 26th, 1918, on recommendation of the trial judge, Solicitor-Gen0ral and prosecutor. RALPH PrT'nrAx: Decatur Superior Court, ~ovember term, 1916: false s,,Paring: 3 >ears. Sentence commuted to present senfice April 8th, 1918, on representation rna the trial jnrar of the sentenee that thev woul eonnt>: murder. Respited from .Jul> 27, 1917, to August 24, 1917, and 13 again from }nlgust 24, 1917, to Septemher 21, 1917. Respiks gnrnted to allow time for Prison CommisRion to revie,Y application for commutation of sentence. "\VrLLIAM DANIEL, aliaR '' s~rnKY ,JOE'': Pulaski county; murder. Respited from December 7, 1917, to December 21, 1917. ReRpite granted to allow time for commiRRion of physicians to inquire into his sanity. RAs .JONES: 1\[iJler county; murder. Respited from .January 17, 1918, to Fehrnary 15, 1918, and again from Fehrnar.'' 15, 1918, to 1farch 29, 1918. Respites granted to allo-w time for Prison Commission to revie"' application for cornrnutation of sentence. PETER MonGAX: Baker county; murder. Respited from :March lf5, 1918, to April 26, 1918. Respite granted to allow time for filing of application for eomnrntation of sentence with Prison Commission. SrENCER l~YANS: rr'aliafeno Counfr; rape. Respited from 1\farch 22, Hll8, to April 2G, 1918. Respite granted to allow tinw for filing of application for commutation of sentcnee with Prison Commission. BART GoomnN: Polk connt.''; rnnrder. Respited from .Jnne 21st, 1918, to .Jnlv 2Gth. 1918, in order that hiR annlieation for comnrn+ation of death sentenee to life imprisonment eonlc1 he revi0"ed. ,JORN THol\rrsoN: 'froup Cmmtv; murder. ReRpitod from .Tnne 28th. 1918. to JulY 2Gth. Hl18. in nnlPr to p]lmy }1im mi opnort1rnih' to filp ;1 nnlientio11 for cornnrntati011 of d0ntli srnp to lifr imprisonment. PARDO)J. GEORGE .JOHNSON: Fulton SupPrior Court. March te:r:ri1, 1917; assault with intent to murder; four 14 years. Pardoned J\Iarch 26th, 1918, because of the statement of the prosecutor and other evidence which indicated that an injustice -was done in his conviction. Clemency was recommend<:>d by the Judge, Solicitor, prosecutor and Prison Commission'. 15