MESSAGE OF THE GOVERNOR of GEORGIA TO THE GENERAL ASSEMBLY JUNE 28, 1905. i{ 0 vl 'Ef 187 .(k+Rl MESSAGE OF THE GOVERNOR of GEORGIA TO THE GENERAL ASSEMBLY JUNE 28, 1905. ATLANTA, OA. THE FRANKLIN PRINTING ANO PUBLISHING COMPANY GEO. W. HARRISON, MANAGER 1905. MESSAGE State of Georgia, Executive Department. Atlanta, June 28, 1905. To the General Assembly : The prosperity which has blessed our beloved State for several years not only shows no sign of diminishing, but to the contrary the promise of field, forest, mine and factory for this year is so bright that we may feel assured Providence has in store for us the most pros¬ perous year within our history. The increase in the voluntary tax returns evidences most strongly the fact that the prosperous condition of the people is not con¬ fined to any particular class, but is felt and enjoyed by those of all occupations and callings. This increase of returns also attests an appreciation on the part of the tax-payer of the wise legislation enacted by your imme¬ diate predecessors, through which the rate of taxation has been materially reduced during the last two years. We should therefore put forth every effort to make such laws as will bring about a further reduction of the tax rate, and enact no legislation that may interrupt the prosperity which is so general throughout the State. EQUALIZATION OF TAXES. One of the most important questions that will come before you for consideration is that of taxation. Grow- 4 ing out of this question is the one that has always been difficult of solution, viz., the equalization of tax re¬ turns. Our present law upon this subject is substan¬ tially what it was when the first General Tax Act was passed over a century ago. The State has advanced in every other particular; but in the matter of valuing the mass of the property for taxation and in the machi¬ nery for its collection we adhere to this old law, which is unsuited to present conditions, and unjust to every honest tax-payer. The General Assembly has from time to time wisely amended the law so as to cover new subjects for taxation, but left the valuation of the prop¬ erty a matter almost entirely within the discretion of the tax-payer. He is the judge and the jury upon this great question which is of interest to every citizen. The fairer he is the more onerous his individual burden. This authority is not vested in the citizen upon any other question affecting his purse, whether it regards his dealings with the public, or with his fellow man. In all other cases he is disqualified, both as judge and juror. In this connection I wish to repeat the following from my message of June 24, 1903 : " The State, in effect, offers a premium to him who shirks instead of to him who willingly and cheerfully complies with the spirit of the law. This is wrong, unjust and inequitable, and can only be cured here, as it has been cured elsewhere, by the creation of County Boards authorized to examine returns, to see that omitted property is put on the books, and that property of the same kind and value is 5 assessed and taxed alike. But even this does not fully meet the difficulty, for what is true of two neighboring citizens may be equally true of two neighboring coun¬ ties, or of those more remotely separated. Property worth a million dollars in one may be so returned, but property of an equally aggregate value in another county may be given in at half its value. Farming lands in one part of the State may be returned at one price, and in another at a very different price. Corporate property may be practically exempt in one part of the State, and highly valued or valued at full price, in an¬ other. "These discrepancies and inequalities are not only in violation of the spirit of the law, but they diminish the State's income at the expense of those who live in the jurisdiction where full returns are enforced. • The evil can be speedily corrected by the establishment of a State Board, under whose administration not one dollar of unjust tax will be imposed, but where the unequal burden will be taken from the county and individual now paying too much, and distributed equally among those who are paying too little.'' While it would be the better plan to have in every county a Board of Assessors appointed by the county au¬ thorities, or elected by the people, whose duty it would be to value for taxation all the property in the county, and a State Board appointed by the Governor, or elected by the people, to value all proDertv returned to the Comptroller-General, and to determine appeals from the various county boards throughout the State, I recognize 6 the many difficulties in the way of the passage of a measure making such a complete change in our system. The great evil of our present system is the voluntary return and the arbitration thereunder in case of a disa¬ greement between the taxpayer and the Comptroller- General, or the Tax Receiver. In a large majority of such cases the State and the counties lose, for under this system there are necessarily as many standards of value as there are arbitrations. If it be impracticable to secure the legislation above outlined, it would accom¬ plish much good and go a long way toward equalizing the returns to repeal the present arbitration law, and pro¬ vide that in case of a disagreement between the citizen and the Tax Receiver as to the valuation of property, the question be referred to a board to be appointed by the county authorities, or elected by the people, and to hold for a fixed term, and in case of a disagreement between a corporation and the Comptroller-General, the question be referred to a similar board appointed by the Governor, or elected by the people. TAX ON CORPORATIONS AND INHERI¬ TANCES. The trend in all the older States of the Union is to¬ wards an abolition of ad valorem property taxation for State purposes and the collection of the necessary reve¬ nue from special taxes, such as taxes on franchises, priv¬ ileges, professions, inheritances, and the like. Under such a system the matter of equalization of property values is made purely a local or county question. This is a model system, and we are making some progress to- 7 wards its attainment. The limitation of the tax rate to five mills is a step in that direction. We should go fur¬ ther and require a specific tax from every corporation doing business in the State, and also levy a graded tax upon the transfer of all collateral inheritances. Such a measure would enable us to reduce the present rate at least one mill, and as the State prospers the rate would gradually be reduced, so that in the course of a few years we could make our million dollar appropriation to the common schools, and properly support all the State institutions and the government upon a nominal tax rate. Such a special or privilege tax upon all corporations would be j ust and right. We tax the lawyer, doctor, dentist and several other professions and occupations for the privi¬ lege of doing business. The State creates the corpora¬ tion and allows the individuals comprising it to carry on all kinds of businesses without involving their pri¬ vate fortunes, except to the extent invested in the corpo¬ ration. Were these same individuals to engage in a sim¬ ilar business as partners, their entire private fortunes would be involved. This limitation of personal liabil¬ ity is a special and valuable privilege, and offers suffi¬ cient reason in law and justice for the levy of a tax. The General Assembly may, under our Constitution, re¬ cognize this as a subject matter for taxation, and equita¬ bly classify or grade the same according to capital stock or some other practical basis. I have carefully consid¬ ered this question with the Comptroller-General and we estimate that such a tax with a minimum of five dollars 8 and a maximum of one hundred dollars would produce approximately $300,000 per annum. A law imposing a tax graded in this manner would not only be con¬ servative and reasonable, but- would not be burden¬ some upon any corporation doing business in this State. A reasonable tax upon collateral inheritances, under proper limitations, would be just and wise. Prof. Se- ligman, of Columbia University, a leading American writer on economics, says : " The inheritance tax to-day scarcely needs defense; it is found in almost every country, and the more democratic the country, the more developed the tax." Thirty of the forty-five States of the Union have an inheritance tax, and a majority of these thirty levy a tax upon both direct and collateral inheritances. The older progressive States, like New York, Pennsylvania and Massachusetts have such sys¬ tems in operation, and collect thereby a large percentage of their revenues. The State of California, which in population and wealth is considerably smaller than Geor¬ gia, with only a tax on collateral inheritances, collects annually thereby from $250,000 to $300,000. Under a well-considered and practical measure we might expect at least as goo 1 results in Georgia- AGRICULTURAL EDUCATION. The groundwork of our prosperity is agriculture. And yet the State has rarely given direct assistance to¬ wards its development. In the past it has encouraged railroads and manufacturing enterprises by means of State aid, donations, subscriptions, indorsement of bonds, 9 and even more by exemption from taxation. But it has done little for that industry in which four-fifths of our people are exclusively engaged, and in which all the rest are vitally interested. Elsewhere government has aided the farmer by tariffs, by exemptions, and by bounties. Our present Consti¬ tution makes it impossible even to consider the utility or desirability of such legislation here But public as¬ sistance has also been rendered the planter by govern¬ mental agencies—securing improved seeds, discovering the cause and cure of plant disease, the means of de¬ struction of the boll -weevil and other insect pests, the study of plant foods, the adaptability of soil to particu¬ lar products, and the investigation of many of the prob¬ lems which confront the agriculturist the world over. Our own Experimental Station has done good work in this line. But this is only a small part of what the State can do. Dissemination is as important as the ac¬ quisition of knowledge. If we are shut off from other forms of assistance this General Assembly can at least serve Georgia by devising means whereby that which is most valuable and practical in agricultural knowledge shall be scattered broadcast over the land, and brought home to every farmer, that he may see and learn how best to plant, how best to till, and how best to use the means at his command. In no calling is there such a demand for all-round men. When it is considered that the farmer must use, and necessarily repair, tools, wagons, reapers, cotton planters, gins, engines, and other appliances, it is ap- 10 parent that he must have more or less mechanical skill. Successful terracing involves some engineering ability. The raising of stock, as well as the care of dairy cattle and farm animals, often calls for speedy action when a veterinary can not be obtained. Soil and fertilizers, and the adaptation of each to products involves prob¬ lems of the most intricate character. In addition he must have that business skill demanded of every man who is both buyer and seller. Agriculture is the most complex of all callings, and not only affords a field for the highest endeavor of mind and body, but for its greatest success demands a special training to enable the farmer to cope with the infinite variety of practical questions with which he must deal. Planters recognize the imperative necessity for studying what others have done, and learning the secret of their success. State and County Fairs, Farmers' Clubs, Farmers' Institutes and Agricultural Societies are but some of the modern means by which the farmers of the country have themselves endeavored to meet this de¬ mand. Agriculture is not only the oldest and most useful of material callings, but its highest development re¬ quires the most thoroughly equipped men. If technical and professional colleges have been found so helpful to the public in other callings, why should not agricul¬ ture have its colleges do the sune class of work and prepare a trained body of men to be centers of influ¬ ence and sources of information? It is true that many deny the practical utility of an 11 agricultural education, but this is largely a dispute over words. Our present knowledge is not self-taught. Our improved seed, our superior appliances, our better methods, our larger crops, are but the result of what has been learned. Many of these things have been learned in the school of experience, a school of incal¬ culable value, but not the only means of acquiring agricultural knowledge, and certainly not the speediest. Nature works slowly, and from year to year. Many of its most valuable secrets have been stumbled upon, or accidentally discovered. The men engaged in the search were few, and these few hampered by want of training. But so valuable have been the results of what has been learned by these specially trained men, that State after State is now maintaining an agricultural college, and at the present time there are sixty-three institutions training men to the study of soil, climate and products of their own locality, and 10,000 farmers therein who arc being prepared to bring to bear their scientific and practical skill to meet local conditions. The prompt and speedy results have been so valuable as to already repay the cost, with usurious interest. Better crops, rural delivery, telephones, good schools, good roads, are emphasizing and making easier the response to the call, "Back to the farm." The coun¬ try is the hope of the State. Anything which tends towards the improvement of our agricultural condi¬ tions redounds promptly and greatly to its interest. Agricultural colleges have been a potent factor in the recent rapid increase and development of] agricultural resources the country over. 12 It is true that most of our population would be unable to avail themselves immediately and directly of the benefits to be derived from an agricultural col¬ lege. But by sight all can learn the methods of those skilled farmers—those public benefactors—who, while aiding themselves, are at the same time, by example and practical demonstration, teaching others how to make two blades of grass grow where only one grew before. The world is debtor to those agriculturists who have first learned and then taught. Every good farmer is a source of expanding value to the State. Every successful new departuie he makes inures to his and his neighbor's good. Those who have devel¬ oped and improved seed for cotton have added to their own and the State's wealth. Those who have demon¬ strated that the peach could be successfully grown here for market, have already added millions to our resources and given the prophecy of millions more. These are forms of agricultural education. Similar results may be secured and quickly repeated by multiplying the number of scientifically trained men in this walk of life I wish to impress in the most emphatic manner the value and importance of agricultural education. I urge that this General Assembly shall take such steps as are needed to put Georgia abreast of the other States now maintaining fully equipped institutions, and already reaping the advantages which flow from properly conducted agricultural colleges. We already have a nucleus at Athens. But its work can be immensely increased, and its utility multiplied. 13 The recent acquisition by the University of a tract of land, paid for by private subscriptions, makes this a particularly qpportune time, not only to help those who have helped themselves, but so to utilize this land as to unite the science and the art, the theoretical and the experimental, the study and the practice of agriculture. I therefore recommend that sufficient money be appro¬ priated to the University for the erection of suitable buildings, and properly equipping same for this great work. I again urge upon the General Assembly the propri¬ ety of establishing and maintaining at least one agri¬ cultural school in each congressional district from the net fees arising from the inspection of commercial fer¬ tilizers. Such schools would create a more widespread interest in higher agricultural education, and act as feeders to the University. As stated in my message of November 8, 1902, "these fees are paid by the farmers in addition to the ad valorem tax, which is required of all citizens, and every principle of justice and equity demands that they be expended as will best tend to the advancement and upbuilding of the cause of agriculture throughout the State." ELECTION LAWS. The platform of the Democratic party, adopted by the State Convention of 1904, announced with reference to our election laws the following principles, to wit: "We reaffirm with emphasis the previously ex¬ pressed demand of Democratic conventions of this State 14 for an elective system which will guarantee full pro¬ tection to every voter and will throw around the ballot every safeguard. Especially do we recommend that our primary election laws be so amended as to give assurance that the ballot of every registered voter may be an incorruptible expression of his judgment, and every ballot so voted may be recorded and counted in a manner that can leave absolutely no doubt as to th e fairness of the election and the accuracy of the result announced. "To this end it is the sense of the Convention that the Legislature should promptly enact a law providing that at all elections the Australian secret ballot, or some similar system, shall be adopted, wherein shall be in¬ cluded every safeguard necessary to insure an abso¬ lutely pure and secret ballot. "It is the sense of this Convention that the Legis¬ lature should, and it is hereby requested to pass an Act to make all election and registration laws, both civil and criminal, now existing or hereafter passed for the protection of the purity of the ballot, expressly appli¬ cable to all primary elections, municipal, county, State and Federal, as well as to other elections, so far as the same may be practicable; and that all persons violating any of said laws in registering for or voting at any such primary election shall be subject to the same pains and penalties as are prescribed for such acts at an ordinary election. "It is the sense of this Convention that the Legis¬ lature should, and it is hereby petitioned to so amend 15 the existing primary election law as to expressly pro¬ vide for contests before the proper executive committee, through themselves or sub-committees, to subpoena witnesses, administer oaths, and to do such other acts as may be necessary under the rules and regulations of the party to ascertain and declare the person or persons entitled to receive the nomination of the party, and to provide for appeals, etc. We demand that this matter receive the attention of the approaching session of the General Assembly, and the primary law be so amended as to meet these requirements." This declaration clearly contains three principles : First, that the Democratic party favors the Australian secret ballot, or some similar system ; second, making the existing laws, or those hereafter passed for the protection of the purity of the ballot, applicable to pri¬ mary elections ; third, providing by law the means for the legal determination of primary election contests be¬ fore the proper executive committee of the party. The General Assembly which convened in June, 1904, gave much consideration to measures covering these principles, and by an Act approved August 13, 1904, making it a misdemeanor for any person to buy or sell a vote in any primary election in this State, practically cov¬ ered the second principle announced above, if the pro¬ visions of that Act be construed in connection with pre¬ vious legislation affecting primary elections. A bill covering the first and third principles as stated above passed the House, and with a number of amendments not affecting these principles, passed the Senate; but the 16 two houses failed to settle these differences as to details, and the measure was therefore lost in that General As¬ sembly—its failure to pass being due largely to the fact that the differences between the House and Senate were not taken up for consideration until too late in the ses¬ sion for an agreemeut to be reached ; perhaps also to the additional fact that the Bill contained both an elective system and a provision for primary election contests. I think it clearly our duty to place upon the statute books the principles announced in the platform upon which the Governor and the present General Assembly were elected. I therefore most earnestly urge upon your favorable consideration a measure providing an elective system as set forth in the platform of the Democratic party ; also a measure providing for primary election contests. It will no doubt be easier to enact these prin¬ ciples into legislation through the medium of separate bills, as the differences in the matter of details, should any arise, may be more readily settled. This legislation is of great importance, and should apply to primary as well as regular elections, as the primary elections have become, as they deserve to be, the all-important elec¬ tions in our State. Our party nominations are equiva¬ lent to elections, and the will of the voters should be freely and fairly expressed, and when so expressed, be truthfully and accurately declared. IMMIGRATION. The numerous inquiries addressed to the Commission¬ ers during the St. Louis Exposition as to the resources of 17 Georgia by homeseekers from other sections of the United States impressed me not only with the desirability, but the necessity of the State having an Immigration Agent or Commission charged with the duty of following up such inquiries and soliciting the immigration to Geor¬ gia of thrifty American people. On account of the ex¬ treme cold winters, much of the agricultural population of the Northern States are so dissatisfied with their present homes that they are turning to the genial climate of the South. With well directed attention these people can b« brought to Georgia. They are good citizens in their pres¬ ent homes, and will make good citizens here. Several of our sister States of the South are already at work on this line, and we should not be laggard in such an important field. We should organize for this work and secure our share of these desirable immigrants for our unoccupied lands and undeveloped resources. The large deposits in the banks throughout the State, which have increased at a rapid rate during the last few years, show that Georgia has the means at hand to develop her varied and wonder¬ ful resources. It is, therefore, apparent that we need not money so much as we do an increase of population that will readily assimilate with our civilization. CONFEDERATE FLAGS. In pursuance of a resolution of Congress, approved March 25, 1905, there was forwarded to me by the Secre¬ tary of War twenty-six flags of Georgia troops serving in the Confederate army, that had been captured during the war between the States. These flags were duly received, 18 and I await your determination as to the disposition to be made of them. Many applications from the survivors of the different commands represented in the list of these flags have reached me, asking that they be turned over to them. The appeal is filled with a pathos that is touching beyond ex¬ pression. But, on the other hand, it has been suggested that the few survivors of those who marched beneath their folds will themselves soon pass away, and inevitably in a short while the flags will be lost or destroyed, if delivered to them, and that the proper disposition of these flags is for the State to keep them in charge, having them properly encased in glass frames, to protect from moths and dust, and hung at some place in the Capitol, and thus for all time to be preserved as priceless memorials of the cause they represent, and of the gallantry and patriotism of the men who followed them. If the flags are to remain in the custody of the State, I recommend that a joint resolution be adopted, inviting all who may have in their possession any of the flags of regi-v ments, other than those now in possession of the State, to turn them over to the State for keeping, as above indi¬ cated, and when at any time any such flag shall be deliv¬ ered to the Governor, that he be authorized to provide in the same manner for its preservation. FELONY CONVICT HIRE. In my message to the General Assembly in 1904 I called attention to an apparent oversight in the Act of I9°3 providing for the hire of felony convicts, on account 19 of which several thousand dollars annually in the way o. commissions to county treasurers were lost to the school fund. A bill correcting this was passed by one branch, and would doubtless have been passed by the other, but was not reached upon the calendar. I wish to call your special attention to the provisions of section 4 of this Act, and suggest that the same be so amended as to require the State Treasurer to remit convict hire to county treasurers only of those counties which use the money for the roads, and that in counties where the money is applied to the common schools he remit to school commissioners the same as the school funds. MISDEMEANOR CONVICTS. The Act of 1903 amending the Act creating the Prison Commission gives that body authority to regulate misde¬ meanor chaingangs, by abolishing the same, or fining the county authorities in control thereof, for a violation of the rules or the law governing such chaingangs. It is claimed, however, that many misdemeanor con¬ victs are not worked directly by the county authorities on the roads or other public works, but are hired to and work¬ ed by private individuals, under the nominal supervision only of county authorities. This class of chaingangs are not directly or indirectly under control of the Commission, because in dealing with chaingangs the Commission must proceed against the county authorities in control thereof. The Supreme Court has decided that chaingangs under the control of private individuals are illegal. If all mis¬ demeanor convicts are not to be worked upon the public 20 roads, or other public works, as the law directs, then those who are not so employed should be put under control of the Commission, which body should be authorized to sell their labor as that of felony convicts is sold, the proceeds to go to the counties in which they are convicted, to be ap¬ plied as now provided by law. Such legislation would not only tend to improve the condition of the convicts, but would remove all grounds of criticism that chaingangs under control of private individuals, with only nominal county supervision, are in violation of State or Federal laws. COLONIAL AND REVOLUTIONARY RECORDS. The important work of compiling these records is pro¬ gressing most satisfactorily. Copies of the greater por¬ tion of the records, obtainable only in London, have been secured, and, with an appropriation of $1,000. copies of the remainder of them will be furnished us by official copyists in London. Under the present plan the publica¬ tion of the records must of necessity be very slow. This can be easily remedied and the printers be required to keep pace with the work of the Compiler, if an appropriation of $2,000 be made to the fund from which the cost of these publications is paid. I therefore join the Compiler in his recommendations as to these small appropriations. STATE SANITARIUM. I wish to call to your special attention the important recommendations made by the Trustees of the State Sani¬ tarium in their annual report. A thorough examination 21 of the water supply has convinced me of the necessity for a better system. I therefore urge upon your favorable consideration the Board's recommendation as to the water supply. PUBLIC INSTITUTIONS. You will have before you the report of the Trustees of the State University, and of the Board of Visitors to the University; the report of the Board of Directors and the Board of Lady Visitors to the Georgia Normal and In¬ dustrial College; the reports of the School of Technology; the State Normal School; the Academy for the Blind; School for the Deaf, and the reports of the Boards of Visitors to the last two named institutions. These reports contain many valuable suggestions, and will am¬ ply repay careful perusal. I bespeak for them your most earnest consideration. STATE BOARD OF HEALTH. Since its organization under the Act of 1903, the State Board of Health, notwithstanding its meager authority, has accomplished much good for the people. It has ren¬ dered valuable assistance to county officials in stamping out smallpox and other diseases, but frequently it has been hampered in such work from lack of authority. I bespeak for the recommendations of the Board your ear¬ nest consideration. OFFICIAL REPORTS. You will also have before you the reports of the Comp¬ troller-General, State Treasurer, State School Commis- 22 sioner, Attorney-General, Adjutant-General, Commis¬ sioner of Agriculture, Secretary of State, Railroad Com¬ mission, Prison Commission, Pension Commissioner, State Geologist, State Board of Health, Tuberculosis Commission, Compiler of Records, Roster Commission, State Librarian, Keeper of Public Buildings, Commis¬ sioner-General of Georgia Exhibit, and such other de¬ partments as are required by law to submit annual reports. They contain many valuable suggestions and recommen¬ dations, which I am sure will receive )rour careful con¬ sideration, as they bear unmistakable evidence of the efficiency and fidelity of these public servants. STATE'S FINANCES. The State Treasurer has paid to the common school teachers out of the money appropriated for the year 1905 the sum of $650,101.94, not including, as in former years, the convict hire, thereby making the largest payment ever made to first of July. This amount was derived from special taxes and W. & A. rental to July 1 st, $250,000, and the $400,000 authorized to be transferred from the gen¬ eral to the school fund. All money appropriated for pensions was paid out to claimants during the first part of the year and there re¬ mains a balance of $26,140 due them, as will appear from the report of the Pension Commissioner, for which an ad¬ ditional appropriation should be made. In all probability there will be no necessity of making the usual loan for the State during the summer. However, in order to be certain of having funds on hand to meet the expenses of 23 this session of the General Assembly and cover the above mentioned item of $26,140, I have arranged, in the event it becomes necessary, to borrow whatever amount may be required at the rate of 2 per cent, per annum. J. M. TERRELL, Governor. 24 APPENDIX A. In accordance with the requirements of section 5815 of the Code, I herewith submit report of all reprieves, commutations of sentence, and pardons granted to De¬ cember, 31, 1904, the Prison Commission having in every case recommended the same. PARDONS GRANTED BY THE GOVERNOR. E. R. Jarrell.—Rape. Superior Court of Mitchell county, November term, 1893; nineteen years in peniten¬ tiary. Granted January 19, 1904. Girl since married, and she and her husband recommended the pardon. Trial judge says the evidence was doubtful. Chareie Price.—Manslaughter. Superior Court of Polk county, August term, 1901; five years in peniten¬ tiary. Granted January 19, 1904. Defendant acted in protection of his sister, and judge and citizens requested clemency. Kirk Williams.—Kidnapping. Superior Court of Haralson county, January term, 1902 ; four years in peni¬ tentiary. Granted January 19, 1904. Evidence on which conviction was based has since been retracted. Jesse Perkins.—Misdemeanor. City Court of Fulton county, September term, 1903. Granted January 21, 1904. Shown that defendant did not know he was vio¬ lating the law. First offense. Jack Haskins.—Voluntary Manslaughter. Superior Court of Laurens county, July term, 1901; five years in 25 the penitentiary. Granted February 2, 1904. He was jointly convicted on doubtful testimony. Judge and solic¬ itor ask clemency. George L. Andre.—Forgery. Superior Court of Ful¬ ton county, Spring term, 1902 ; two years in penitentiary. Granted February 6, 1904, to remove disabilities. De¬ fendant chose penitentiary to alternative of chaingang offered by judge under palliating circumstances. Leonard Fret well.—Larceny. City Court of Hall county, February term, 1903 ; eight months on chaingang. Granted February 8, 1904. Was sixteen years old, first offense, and convicted on doubtful testimony. Frank Harvey.—Murder. Superior Court of Cobb county, Spring term, 1903; life imprisonment. Granted February 16, 1904. Was a boy twelve years of age at time of killing, which has since been shown to have been accidental. Joe Griggs.—Larceny from the house. Criminal Court of Atlanta, December term, 1903 ; twelve months on pub¬ lic works. Granted March 8, 1904. Twelve years old and stole one grapefruit. Wiley Jones.—Murder. Superior Court of Paulding county, November term, 1902; life imprisonment. Grant¬ ed March 17, 1904. Convicted on testimony of witness who has since been impeached. Judge and solicitor rec- ommmend. W. J. Balisle.—Assault with intent to murder. Su¬ perior Court of Gilmer county, October term, 1902; five years in penitentiary. Granted March 17, 1904. Con¬ sumption. 26 Tom Love.—Disturbing Divine Worship. City Court of Jackson, July term, 1903; fine of $115 or twelve months. Granted March 24, 1904. Ben Terry. — Voluntary Manslaughter. Superior Court of Worth county, October term, 1901; five years in the penitentiary. Granted May 5, 1904. Judge, jury and solicitor recommend. Newman Black.—Rape. Superior Court of Rich¬ mond county, October term, 1903; three years in peni¬ tentiary. Granted May 6, 1904. New evidence. J. C. CurlES.—Voluntary Manslaughter. Superior Court of Colquit county, April term, 1901 ; eight years in penitentiary. Granted May 6, 1904. Judge and jury recommended. Annias Marshman. — Shooting at Another. Supe¬ rior Court of Fulton county, January term, 1903; two years in the penitentiary. Granted May 7, 1904. Prose¬ cutor says he may have been mistaken. Terrell RatterEE. — Pointing Pistol at Another. Criminal Court of Atlanta, October term, T903; twelve months or fine of $100. Granted. Adolph Crowe.—Simple Larceny. Criminal Court of Atlanta, May term, 1904; six months in jail. Granted May 9, 1904. Thirteen years old. Auburn C. Henderson.—Vagrancy. Criminal Court of Atlanta, March term, 1904; six months in jail. Grant¬ ed May 10, 1904. Fifteen years old and weak-minded. Sempen Gaddis.—Assault to Murder. Superior Court 27 of Hall county, July term, 1903; twelve months in the chaingang. Granted May to, 1904. Fifteen years old and release urged by judge and solicitor. John C. Pyburn.—Murder. Superior Court of Dade county, March term, 1889; life imprisonment. Granted May 17, 1904. New evidence and judge recommends. Otis Cross.—Involuntary Manslaughter. Superior Court of Bullock county, October term, 1902; two years in the penitentiary. Granted May 19, 1904. No malice —a drunken accident. T. M. McWhorter.—Selling Liquor. County Court of Morgan, October term, 1903; fine $500, or twelve months. Granted May 19, 1904. Judge and solicitor recommend. J. J. Read.—Voluntary Manslaughter. Superior Court of Chatham county, Spring term, 1900; fifteen years in the penitentiary. Granted May 31, 1904. Two juries and county officials recommend. Andy Harris.—Assault with Intent to Rape. Supe¬ rior Court of Clayton county, September term, 1899; twenty years in the penitentiary. Granted July 8, 1904. Convicted on false testimony of negro girls. D. P. Griffith.—Voluntary Manslaughter. Superior Court of Madison county, Fall term, 1902 ; six years in the penitentiary. Granted July 9, 1904. Shot his broth¬ er's assailant. Eleven jurors and five hundred citizens recommend. Annie Cuyler (colored).—Simple Larceny. Supe- :rior Court of Glynn county, May term, 1904; twelve months in the chaingang. Granted July n, 1904. In¬ curable disease. Edward Sickle.—Burglary. Superior Court of Chat¬ ham county, March term, 1904; six months in jail. Granted July 11, 1904. Boy sixteen years, first offense; clemency urged by grand jury and solicitor. Cicero Branch.—Assault with Intent to Rape. Supe¬ rior Court of Floyd county, January term, 1901; fifteen years in the penitentiary. Granted July 16, 1904. Al¬ leged victim admits she swore falsely. Scipio Daniel.—Concealed Weapons. City Court of Bainbridge, October term, 1903; twelve months in the chaingang. Granted August 4, 1904. Good conduct. Ella Gamble.—Murder. Superior Court of Harris county, Fall term, 1884; life imprisonment. Granted August 5, 1904. Cancer. Andrew Little.—Vagrancy. County Court of Han¬ cock county, June term, 1904; fine $50, or six months.. Granted August 6, 1904. Wrongfully convicted. Leila Blackman.—Larceny from the House. Supe¬ rior Court of Muscogee county, May-term, 1904; six months in the chaingang. Granted August 6, 1904. Bad health. Edward C. McRae.—Cheating and Swindling. City Court of Tifton, January term, 1904; twelve months in the chaingang. Granted August 6, 1904. Judge and so¬ licitor recommend. Amanda Hill.—Infanticide. Superior Court of War¬ ren county, Fall term, 1879; life imprisonment. Granted 29 August 6, 1904. Has served with good conduct and is now an old feeble negro. C. C. Daniel. — Attempt to Murder (recommenda¬ tion). Superior Court of Cobb county, November term, 1902; five years in the penitentiary. Granted August 10, 1904. Solicitor and prosecutor recommend. Jim Rutledge.—Arson. Superior Court of Troup county, May term, 1899; life imprisonment. Granted August 11, 1904. Grave doubt as to guilt. R. J. W. Hayes.—Selling Whisky, Gaming and Adul¬ tery. Superior Court of McDuffie county, September term, 1903; twenty months in the chaingang. Granted August 11, 1904. Two juries, judge and solicitor rec¬ ommend. Wright Wells.—Murder. Superior Court of Lib¬ erty county, May term, 1891; life imprisonment. Granted August 12, 1904. Deceased had threatened to shoot de¬ fendant. Solicitor and jury recommend. Horace Merritt.—Selling Whisky. City Court of Hall county, February term, 1904; twelve months in the chaingang. Granted August 12, 1904. Judge, solicitor and grand jury recommend. Kirk Brantley.—Gaming. Superior Court of Har¬ alson county, July term, 1904; fine $40, or four months. Granted September 7, 1904. Seventeen years and first offense. Richard Foster.—Murder. Superior Court of Bar¬ tow county, July term, 1893; life imprisonment. Granted October 6, 1904. Convicted at age of fourteen, and has always claimed killing was accidental. 30 John Ponder.—Misdemeanor. County Court of Oco¬ nee county, August term, 1904; ten months in the chain- gang. Granted October 6, 1904. Judge and solicitor say there was no intention to commit crime. J. A. Louden.—Simple Larceny. City Court of At¬ lanta, August term, 1904 ; ten months in the chaingang. Granted October 6, 1904. Broken health. John R. Gaines.—Burglary. Superior Court of Floyd county. Spring term, 1892; twenty years in the peniten¬ tiary. Granted October 6, 1904. Reward for foiling at¬ tempt to escape. T. B. ScEALES.—Voluntary Manslaughter. Superior Court of Wayne county, May term, 1901 ; ten years in the penitentiary. Granted October 6, 1904. Two juries and solicitor recommend. Robert W. Alexander.—Voluntary Manslaughter. Superior Court of Early county, October term, 1902; five years in the penitentiary. Granted October 6, 1904. Defendant shot deceased for assaulting his blind father. Joe Hollo way.—Voluntary Manslaughter. Superior Court of Jasper county. September term, 1899; twenty years in the penitentiary. Granted October 17, 1904 Majority of jurors and five hundred people recommend. Carlton Lancaster.—Assault and Battery. Supe¬ rior Court of Fulton county, June term, 1904 ; six months in jail. Granted October 15, 1904. White boy seventeen years of age—slight offense. Will Whitten.—Assault with Intent to Rape. Su¬ perior Court of Cobb county, November term, 1901; five 31 years in the penitentiary. Granted November 3, 1904. New evidence. S. Mangum.—Assault and Battery. Superior Court of DeKalb county, September term, 1904; six months in the chaingang. Granted November 3, 1904. John Drake.—Assault with Intent to Murder, re¬ duced. Superior Court of DeKalb county, Spring term,. 1904; twelve months in the chaingang. Impaired health. George Mathews.—Gaming. City Court of Macon, September term, 1904; six months in the chaingang. Granted November 4, 1904. Badly diseased. Florida Thomas.—Arson. Superior Court of ClarKt county, Fall term, 1890; life imprisonment. Granted November 4, 1904. Thirteen years old when crime was committed. Henry L,yle.—Murder. Superior Court of Fulton county, October term, 1901; life imprisonment. Granted November 6, 1904. Judge says new affidavits present evidence that would have acquitted. Clifford Robinson.—Assault. Superior Court of Gwinnett county, March term, 1903; six months. Grant¬ ed November 8, 1904. Frank Dericote.—Voluntary Manslaughter. Supe¬ rior Court of Clarke county, April term, 1900; ten years in the penitentiary. Granted November 16, 1904. Bro¬ ken health. Mamie DeCris.—Forgery. Superior Court of Chat¬ ham county, Fall term, 1902; two years in the peniten¬ tiary. Granted November 17, 1904. 32 A. M. Cox.—Concealed Weapons. Superior Court of Gordon county, April term, 1904; six months in the chaingang. Granted November 18, 1904. Judge rec¬ ommends. Gad D. Bryan, Jr.—Keeping a Gaming-house. Su¬ perior Court of Chatham county; fine $1,000 and three months in jail. Granted, on payment of fine, November 19, 1904. Petition of citizens. W. H. Fordham.—Murder. Superior Court of Lau¬ rens county, July term, 1900; life imprisonment. Granted November 19, 1904. Two juries, solicitor and county officers recommend. Wesley J. Dorsey.—Manslaughter. Superior Court of Hall county, Fall term, 1900; ten years in the peniten¬ tiary. Granted November 19, 1904. Organic heart trouble. E. J. ComwELE.—Burglary. Superior Court of Jones county, Spring term, 1893; twenty years in the peniten¬ tiary. Granted December 16, 1904. Good conduct. Eliza Randall.—Murder. Superior Court of Quit¬ man county, March term, 1889; life imprisonment. Granted December 16, 1904. Last grand jury of Quit¬ man, and all surviving jurors who convicted, recommend clemency. Harry Sweat.—Murder. Superior Court of Chat¬ ham county, December term, 1898; death, later commuted to life imprisonment. Granted December 16, 1904. New evidence showing self-defence. Seab Pool.—Voluntary Manslaughter. Superior 33 Court of Jefferson county, November term, 1903; two years in penitentiary. Granted December 16, 1904. Judge, jury and solicitor recommend self-defense. SENTENCES COMMUTED. Arthur Williams. — Burglary. Superior Court of Cobb county, November term, 1898; ten years in peniten¬ tiary. Commuted to present service January 19, 1904. Shown that defendant was seventeen years old and led into crime by another. G. W. Odum.—Voluntary Manslaughter. Superior Court of Emanuel county, April term, 1897; ten years in the penitentiary. Commuted to eight years, February 2, 1904. New evidence showing palliating circumstances that would have lowered original sentence. Slab R. McCanT.—Voluntary Manslaughter. Supe¬ rior Court of Walton county, August term, 1897; ten years in penitentiary. Commuted to eight years, Febrii- ary 2, 1904. Judge, jury and solicitor requested clem¬ ency. Ben Harrison.—Voluntary Manslaughter. Superior Court of Walton county, August term, 1897; fifteen years in the penitentiary. Commuted to present service, Feb¬ ruary 8, 1904. Recommended by solicitor-general and large number of citizens. John Lyons. — Larceny. City Court of Spalding county, August term, 1901; twelve months in two cases, ten months in three. Commuted to present service, Feb¬ ruary 9, 1904. Judge who tried him said punishment was sufficient. 34 Tom Latimer.—Burglary. Bibb Superior Court,. 1891; twenty years in the penitentiary. Commuted to present service, February 9, 1904. Was thirteen years, old when crime was committed. Ess Booker:—Misdemeanor. Wilkes Superior Court,. November term, 1903; twelve months in the chaingang.. Commuted to $50 fine—ordinary fight. T. E. Haek and Ben Loeb.—Larceny from the House. Chatham Superior Court, August term, 1901; two years- each in three cases. Commuted to present service, Feb¬ ruary 9, 1904, on recommendation of prosecutor and so¬ licitor. David F. Sellars.—Murder. Pierce Superior Court, May term, 1896; life imprisonment. Commuted to pres¬ ent service, February 9, 1904. Shown that defendant thought he was protecting his rights. Two juries, two> judges and solicitor ask clemency. Sam GriFEin.—Simple Larceny—three cases. Supe¬ rior Court of Murray county, February term, 1902; twelve months on chaingang in each case. Commuted to present service, February 9, 1904. Convicted on doubtful testimony. Marion SanEord.—Attempt to Rape. Superior Court of Hall county, July term, 1893; twenty years in peniten¬ tiary. Commuted to present service, February 10, 1904. Convicted under excitement on extremely doubtful testi¬ mony. Tom Watkins.—Murder. Superior Court of Appling county, March term, 1897; life in the penitentiary. Com¬ muted to present service, February 10, 1904. Deceased 35 was aggressor in tussle for pistol, which defendant used under excitement and provocation. M. A. Winkler.—Incest. Superior Court of Bartow county, July term, 1902; two years in the penitentiary. Commuted to present service, February 11, 1904. Con¬ victed on false testimony. Robert Reese.—Perjury. Superior Court of Baker county, September term, 1902; four years in the peniten¬ tiary. Commuted to present service, February 11, 1904. The judge and jury asked clemency. Weak-minded. John Streetman.—Manslaughter. Superior Court of Polk county, August term, 1902; three years in the penitentiary. Commuted to present service February 13, 1904. Defendant fourteen years old at time of crime, and clemency asked by judge and solicitor. Elijah Adams.—Larceny. City Court of Atlanta, December term, 1903; twelve months or fine of $51. Commuted to present service, February 19, 1904. Judge and solicitor recommend. Frank Foster.—Larceny. Criminal Court of Atlan¬ ta, November term, 1903. Fine of $50, or twelve months. Commuted to present service, March 9, 1904. Bad health. LuthER Henderson—Larceny, two cases. Criminal Court of Atlanta, September term, 1902; $100 fine or twelve months in each case. Commuted to present serv¬ ice March 9, 1904. Good conduct. Ben Buck.—Selling Liquor Unlawfully. County Court of Baldwin, August term, 1903; twelve months in the chaingang. Commuted to present service, March 10, 36 1904. Did not intend to violate the law. Paid liquor for work. William Barnwell.—Personating an Officer. Crim¬ inal Court of Atlanta, September term, 1903; twelve months on the chaingang. Commuted to present serv¬ ice, March 10, 1904. Essie Peek.—Burglary. Superior Court of Richmond county, January term, 1904; twelve months in the chain- gang. Commuted to present service, March 11, 1904. Negro girl twelve years old ; asked by court officials. J. A. Cochran.—Murder. Superior Court of Camp¬ bell county, February term, 1901; life imprisonment. Commuted to present service, March 15, 1904. New evi¬ dence. Will Camp.—Burglary. Superior Court of Newton county, Fall term, 1902 ; five years in the penitentiary. Commuted to present service, March 16, 1904. John Bernard Hammond. — Larceny. Superior Court of Randolph county, November term, 1901; four years in the penitentiary. Commuted to present service, March 16, 1904. New evidnece. Gus Goodman.—Murder. Superior Court of Butts county, August term, 1898; life imprisonment. Com¬ muted to present service, March 17, 1904. Nearly blind. Aldora Smith.—Vagrancy. Criminal Court of Ful¬ ton county, October term, 1903 ; twelve months in the chaingang. Commuted to present service, April 6, 1904. Harold York.—Vagrancy. Superior Court of Mor- 3/ gan county, October term, 1903; eight months in the chaingang. Commuted to present service, April 7, 1904. Dubois Ellis.—Misdemeanor. Criminal Court of Atlanta, August term, 1903; six months or fine of $50. Commuted to present service upon payment of fine, May 6, 1904. Jordan Teal.—Simple Larceny. Superior Court of Douglas county, Fall term, 1903; four years in the peni¬ tentiary. Commuted May 7, 1904, on paying fine of $200 and costs. Jury recommended. Richard Battle.—Selling Liquor. City Court of Floyd county, June term, 1903; twelve months in the chaingang. Commuted to present service, May 9, 1904. Feeble health. Frank Sessions.—Hog Stealing. Superior Court of Washington county, September term, 1903; twelve months in the chaingang. Commuted to present service, May 9, 1904. Mistake made. RuFus G. Collins.—Murder. Superior Court of Gor¬ don county, Spring term, 1892; life imprisonment. Com¬ muted to present service, May 9, 1904. Judge, solicitor and jury recommend. James Hopkins.—Murder. Superior Court of Wal¬ ton county, Spring term, 1894; life imprisonment. Com¬ muted to present service, May 9, 1904. New evidence. Sam TarplEy.—Selling Liquor. City Court of Lau¬ rens county, September term, 1903; fine $200 or twelve¬ months. Commuted to present service, May 10, 1904. Recommended by judge. 38 Sam Smith (colored).—Assault with Intent to Rape. Superior Court of Terrell county, May term, 1900; twelve years in the penitentiary. Commuted to present service, May 13, 1904. Convicted 011 testimony of prosecutor, a negro of vile character. Joseph C. Williams.—Carrying Concealed Weapons. City Court of Atlanta, September term, 1903; twelve months in the chaingang. Commuted to present service, May 13, 1904. Seymour Williams.—Murder. Superior Court of Dooly county, September term, 1903; to be executed. Commuted to life imprisonment. May 17, 1904. Con¬ victed 011 circumstantial evidence. Robert Butts.—Selling Liquor. County Court of Hancock, December term. 1903: fine of $100 and costs, or twelve months. Commuted to present service, May 17, 1904. Old and infirm. Jim White.—Three misdemeanors. Superior Court of Forsvth county, August term, 1902; twelve months in each case. Commuted to present service, May 17. 1904. Prosecutor asks clemency. Nelson Harold.—Incest. Superior Court of Hous¬ ton county. Spring term, 1904; ten years in the peniten¬ tiary. Commuted to present service. May 17, 1904. Old negro, convicted on false testimony. Silverman Crawford.—Larceny from the House. Criminal Court of Atlanta, April term, 1904; ten months in the chaingang. Commuted to present service. May 18, 1904. Consumption. 39 Robert Harris.—Misdemeanor. City Court of El- berton, February term, 1904; twelve months on public works. Commuted to present service, May 19, 1904. Desperate physical infirmities. Charles Davis.—Simple larceny. City Court of Mon¬ roe county, February term, 1904; ten months in" the chaingang. Commuted to fine of $20, May 19, 1904. E. F. Bolton.—Selling Liquor. Superior Court of Banks county, March term, 1904; fine $250, or twelve months. Commuted, June 25, 1904, to $150, or twelve months. Jack Slaton.—Murder. Superior Court of Wilkes county, November term, 1903; to be executed. Com¬ muted to life imprisonment, June 25, 1904. Urged by leading officials who do not believe his confession. Robert Smith.—Murder. Superior Court of Carroll county, December term, 1903; to be executed. Com¬ muted to life imprisonment, June 29, 1904. Mentally unsound. W. H. Whitfield.—Larceny. City Court of Rich¬ mond county, April term, 1904; ten months on the pub¬ lic works. Commuted to present service, July 7, 1904. Was drunk at time of offense. Russell York. — Kidnapping. Superior Court of Gordon county, August term, 1901; four years in the penitentiary. Commuted to present service, July 11, 1904. Jury recommends because of ignorance. C. C. Gunter.—Simple Larceny. Superior Court of Bibb county, December term, 1903; fine $150, or twelve 40 months. Commuted to present service, July n, 1904. Was in state of dementia at time of offense. Ed. Greene.—Rape. Superior Court of Baker county, November term, 1898; ten years in the penitentiary. Commuted to present service, July 12, 1904. Negro wo¬ man involved notoriously lewd. A. E. WorrEndorE.—Larceny after Trust. Superior Court of Fulton county, September term, 1902 ; five years in the penitentiary. Commuted to present service, July 12, 1904. Grand jury and solicitor recommend. Charles S. Thomas.—Cheating and Swindling, two cases. City Court of Atlanta, September term, 1903; six months in each case. Commuted to present service, July 19, 1904. V. S. Wright alias Stokes Wright.—Cheating and Swindling. Superior Court of Bibb county, March term, 1904; twelve months in the chaingang. Commuted to present service, July 23, 1904. Paralyzed. D. C. Carter.—Vagrancy. City Court of Johnson county, November term, 1903; nine months in the chain- gang. Commuted to present service, July 29, 1904. Dennis Spearman.—Carrying Concealed Weapons. Superior Court of Brooks county, Spring term, 1904; eight months on public works. Commuted to present service, July 29, 1904. In dying condition. Jim Duncan.—Assault and Battery and Vagrancy. City Court of Hall county, May term, 1903; eighteen months in the chaingang. Commuted to present service, July 29, 1904. Judge and solicitor recommend. 41 Louis TeaslEy.—Burglary. Superior Court of Mil¬ ton county, August term, 1897; ten years in the peniten¬ tiary. Commuted to present service, July 29, 1904. Good conduct in preventing prison escape. JEEF Murphy.—Arson. Superior Court of Gordon county, September term, 1885 ; life imprisonment. Com¬ muted to present service, August 6, 1904. Fourteen years old when offense was committed. Good conduct. Lon Jackson.—Gaming. Criminal Court of Atlanta, February term, 1904; fine $100, or twelve months. Com¬ muted to present service, August 6, 1904. Sherman Rawling. — Mayhem. Superior Court of Twiggs county, Spring term, 1890; life imprisonment. Commuted to present service, August 10, 1904. Con¬ victed when a youth; good conduct. Ckayton Cleveling.—Selling Whisky. Superior Court of Talbot county, March term, 1904; twelve months in the chaingang. Commuted to present service, Septem¬ ber 7, 1904. Unable to work. Mrs. R. C. Moseley. — Selling Whisky. Superior Court of Butts county, Spring term, 1904; fine $250. Commuted to fine $150, September 13, 1904. Robert Turner and Colquitt Turner. — Burglary, in four cases. Superior Court of Montgomery county, November term, 1899; f°ur years in each case. Com¬ muted to present service, September 13, 1904. Defend¬ ants fourteen and sixteen years old when offense was committed. Judge and jury and one thousand citizens recommend. 42 Will Allen.—Burglary. Superior Court of Musco¬ gee county, November term, 1902; three years in the penitentiary. Commuted to present service, September 17, 1904. Committed offense when eighteen years old under influence of another. Judge and solicitor recom¬ mend. Belle Russell.—Larceny from the House. Superior Court of Fulton county, January term, 1904; fine $ioor or twelve months. Commuted to present service, Octo¬ ber 6, 1904. Unable to work. Seab Reed. — Simple Larceny. Superior Court of Walton county, August term, 1903; two years in peni¬ tentiary. Commuted to present service, October 6, 1904. Nearly an imbecile and a negro. Alex and Dave Hendry.—Selling Liquor. Superior Court of Randolph county, November term, 1903; twelve months in the chaingang in each two cases. Commuted to twelve months both cases, October 6, 1904. John Morris.—Assault to Murder. Superior Court of Pulaski county, August term, 1904; fine $60, or twelve months. Commuted to fine $60, October 6, 1904. Oliver Daley.—Selling Liquor. Superior Court of Newton county, November term, 1903; twelve months in the chaingang, two cases. Commuted to present serv¬ ice, October 6, 1904. Wife and six children needed his help. Isaiah Clark.—Larceny from the House. City Court of Atlanta, January term, 1904; twelve months in the chaingang. Commuted to present service, October 17,. 1904. Consumption. 43 Ed. Jordan. — Vagrancy. City Court of Atlanta,. March term, 1904; twelve months on the public works. Commuted to present service, October 17, 1904. Lula Johnson.—Misdemeanor. City Court of At¬ lanta, Spring term, 1904; eight months on the public works. Commuted to present service, October 17, 1904. Pregnancy. J. Weinberg, Samuel Kasten, J. H. Wilday, S. A. Peterson.—Gaming. City Court of Macon, October term, 1904; fines of $500, $500, $400 and $400, or six months. Commuted, November 2, 1904, to $250, $250,. $100 and $100. Citizens' petition. George W. HoupT.—Embezzlement. Superior Court of Chatham county, March term, 1899; seven years in the penitentiary. Commuted to present service, November 3, 1904. Good conduct, and wife and children destitute.. Fred Drakeeord.—Burglary. Superior Court of Ful¬ ton county, November term, 1902; three years in the peni¬ tentiary. Commuted to present service, November 3,. 1904. Believe that prosecutor swore falsely, as he is now in the penitentiary. A. C. Brown. — Voluntary Manslaughter. Superior Court of Burke county, Fall term, 1893; fifteen years in the penitentiary. Commuted to present service, Novem¬ ber 4, 1904. Good conduct. Andrew Scoggins.—Selling Whisky. City Court of Newnan, July term, 1904; fine $100, or twelve months. Commuted, November 4, 1904, to $50, or twelve months. Old and infirm. 44 Joe Thompson.—Assault to Murder. Superior Court of Fulton county, January term, 1900; ten years in the penitentiary. Commuted to present service, November 4, 1904. Judge and solicitor recommend. Tom Smith.—Burglary. Superior Court of Pike county, Fall term, 1894; fifteen years in the penitentiary. Commuted to present service, November 4, 1904. -Good conduct and physical debility. John Outlaw.—Selling Whisky. City Court of Wrightsville, August term, 1904; twelve months in the chaingang. Commuted to five months, November 4, 1904. Previous good character. Jefe Thomas.—Murder. Superior Court of Putnam county, March term, 1889; life imprisonment. Com¬ muted to present service, November 17, 1904. Judge, jury and solicitor recommend. James Maxwell. — Abandonment. City Court of Spalding, June term, 1904; fine $40, or twelve months. Commuted to fine of $20, November 19, 1904. Fred Johnson.—Larceny and Assault and Battery. City Court of Atlanta, October term, 1904; fine $50, or six months in the chaingang. Commuted to present serv¬ ice, November 19, 1904. Merely a boy. Judge recom¬ mends. Hattie Traywick.—Larceny from House. County Court of Baldwin, February term, 1904; fine $25, or twelve months. Commuted to present service, November 19, 1904. Roach Tuggle.—Murder. Superior Court of Walton 45 county, August term, 1900; life imprisonment. Com¬ muted to five years, November 19, 1904. Negro boy, fifteen years, with his brother when he killed another ne¬ gro, who had attempted to violate his brother's wife. Lawrence Miles.—Burglary. Superior Court of Ful¬ ton county, November term, 1902; twelve months in the chaingang and two years in the penitentiary. Commuted to present service, November 19, 1904. Cocaine habit. Ed. Garner.—Giving Liquor to Minor. Superior Court of Newton county, July term, 1904; fine $60, or twelve months. Commuted to present service, December 3, 1904. Convicted on false testimony. Will Ray.—Larceny. Superior Court of Floyd coun¬ ty, July term, 1904; twelve months in the chaingang. Commuted to fine of $100, December 3, 1904. County officers recommend. David Daniel.—Selling Liquor. Superior Court of Court of Gwinnett county, April term, 1904; fine $100, twelve months. Commuted to present service, December 6, 1904. Convicted on doubtful testimony. Major Anderson.—Murder. Superior Court of Sumter county, November term, 1892; life imprisonment. Commuted to present service, December 16, 1904. Was a young boy when convicted, and thought his own life in danger at time of homicide. Tom Thompson.—Murder. Superior Court of Mont¬ gomery county, October adjourned term, 1893; life im¬ prisonment. Commuted to present service, December 16, 1904. Jury that convicted and solicitor recommend. 46 Emanuel Grieein.—Assault to Rape. Superior Court -of Sumter county, June term, 1902; five years in the peni¬ tentiary. Commuted to present service, December 16, 1904. Negro woman now states her testimony was false. Willie Hood.—Stabbing. City Court of Fulton coun¬ ty, September term, 1904; fine $100, or twelve months. •Commuted to present service, December 16, 1904. In¬ flammatory rheumatism. G. R. Bradley.—Selling Whisky. City Court of New- nan, July term, 1904; fine $500, or six months. Com¬ muted to fine $200, or six months, December 16, 1904. Citizens petition. Noah Watson.—Burglary. Superior Court of Rabun county, Fall term, 1903; seven years in the penitentiary. Commuted to present service, December 16, 1904. Judge, solicitor and prominent citizens recommend. Bud Cosby;—Assault with Intent to Rape. Superior Court of Fayette county, March term, 1903; two years in the penitentiary. Commuted to present service, December 16, 1904. Woman of lewd character, a feature developed since trial, which causes judge and jury to recommend. Will Avary.—Concealed Weapons. City Court of At¬ lanta, September term, 1904; fine $25, or ten months in •each case. Commuted to fine $50, December 16, 1904. Newt. Daniel.—Simple Larceny. Superior Court of Union county, Spring term, 1903; four years in the peni¬ tentiary. Commuted to present service, December 16, 1904. Consumption. 47 RESPITES GRANTED. Will Strickland.—Murder. Superior Court of Madison county, September term, 1903; to be executed February 12, 1904. Granted until March 11, 1904, to give Prison Commission time to consider application for life imprisonment. Seymour Williams.—Murder. Superior Court of Dooly county, September term 1903 ; to be executed April 5, 1904. Granted until May 6, 1904, to allow time for Prison Commission to consider application for life im¬ prisonment. Extended until May 20, 1904. Jack Slaton.—Murder. Superior Court of Wilkes county, November term, 1903; to be executed. Granted on petition of citizens, who desired to investigate other developments, until July 1, 1904. Jack Bone.—Murder. Superior Court of Floyd coun¬ ty, July term, 1904; to be executed December 19, 1904. Granted on account of alleged insanity to have same in¬ quired into, until January 13, 1905. Whitely Willaeord.—Murder. Superior Court of Mitchell county, Fall term, 1904; to be executed Decem¬ ber 27, 1904. Granted, on account of judge and solicitor asking that the case may be reviewed by the Governor, until January 13, 1905. GrEEly Phillips.—Murder. Superior Court of Coweta county; to be executed June 27, 1905. Granted, on petition of citizens to further investigate guilt, until February 10, 1905. SpiEr Sims.—Murder. Superior Court of Dooly coun- 48 ty; to be executed February 8, 1905. Granted on account of smallpox in jail, where prisoner was confined, until March 10, 19(35. Extended at request of judge, solicitor and county officers, upon application for commutation, until March 24, 1905. REMOVAL OF DISABILITIES. J. T. Stone.—Subornation of Perjury. Superior Court of Morgan county, March term, 1903. Commuted to fine. Petition of lawyers of Madison. Granted Feb¬ ruary 13, 1904. Henry W. Manning.—Voluntary Manslaughter. Superior Court of Wayne county, May term, 1897; ten years. Commuted to seven years. Good conduct. Granted April 1, 1904. A. T. Smith.—Simple Larceny. Superior Court of Newton county, 1878; twelve months. Good conduct for fifteen years. Neighbors petition. Granted April 1, 1904. Harry Howard.—Felony. Superior Court of Whit¬ field county, October term, 1903; fine $50. General good character and petition of citizens. Granted September 17, 1904. Thomas Cobb.—Burglary. Superior Court of Fulton county, May term, 1900; five years. Petition of good ana true citizens, and good conduct. Granted September 17, 1904. Whit DuprEE.—Larceny from House. Superior Court of Gilmer county, October term, 1899; fine. While a minor he took eggs from a store when drunk. Has since married, and is a good citizen. Petition of county officers and citizens. Granted October 1, 1904. wlftft - ft * . - I ' ■