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The gtUata sad Vlftaltr: ts-railoilsl rsl* toolfbt Atlanta VOL. V. NO. 206. Morning Edition. ATLANTA, GA„ SATURDAY, MARCH 2, 1907. Morning Edition. PRICE: BULLARD HANGED; NO MERCY SHOWN Protested to the Last That He Was Innocent. r •WAS ACCIDENT,” ' LAST STATEMENT Judge Gobcr Refuses to Recommend Reprieve and Governor Signs i Warrant. By PAUL E. WILKES. JOHN BULLARD AND HIS DAUGHTER. Marietta. Ga., March l.-Tra going home to rest. I have confidence In God." Within leas than a minute after these words were uttered John feullard was •hot Into eternity. The murder of hie pretty 17-year-old daughter, Ruby, had been avenged. Rut to the last John Bullard Instated Humid death of the daughter he lovadj sn well was an accident. "I have nothing to confess." he said In anawer to a question by Mr. Dobbs. "It was an accident. It happened Just as I have told before." In nine minutes more he was corpse. His neck was broken and after the fatal trap was sprung ha never moved a muscle. Weak from the disease which was racing with the law to snatch him away from life, but nervy to the laat. Bul lard began the march to hla death at Ilf 15 o’clock. For twenty minutes previous to that Mine he'had remained lying on hie cot, covered With a blanket, while the two ministers prayed and read verses from the Bible to Mm. Frequently while talking to the ministers Bullard would bo seised with a coughing tit and each of these left him weaker. Hla Innoeance. during his last I ber, Lr It was for the murder of Ruby, his 17-y*ar-oM daughter, last Saptam- ' Marietta Friday morning, after ber, that John Bullard was executed at protesting that tha shooting was an aoeidant THAW SLEW WHEN DAFT “HIGHER LAW” PLEA IS BARRED BY JUI reporterVfadnaedaTwa* the thitn. and as often Old Bb declare hid love for the • hlM for whoa* murder be was con demned to die. After he stood Upon tho trap he again made these statements and asked for to step 7INKLE OF THE BANJO CAME FROM NEGRO CELL ASBULLARDWASHA NGED Special to The Georgian. Marietta. Ga., March 1.—The jingling music of a banjo playing a plantation tune, the melody of a negro song and tho shuffling of danc ing feel, floated through the barred doors of the locked cells to tha gal lows where John Bullard stood awaiting for hla death. The silence which Man Porter, a negro, who te himself to be tried for murder, was the naif a dosen negroes sang and danced to the principal musician, and _ music of hla banjo, while John Bullard marched to Ike gallows. They sang and danced as hr took his stand upon the trap; thsy sang and danc ed as hlx soul was released from the miserable body which heldit; they sang and danced' and the banjo tlnklad Ita plantation ditty while John Bullard's .body fwfyed at the end of the rope. Only the locked doors gallows, Into the conianre separated the negroes from the gallows, but the maj esty of death made no Impression upon the black musician who may yet stand upon the scaffold for his own crime. GOV. TERRELL TELLS WHY HE REFUSED TO GRANT Evans Makfes Admis sion op Witness §tand. •EVELYN w ILL; Y NERVOUS STORMS MIL TO AVENGE Trial Is Stepped for Seven Minutef Till Thaw lovers. New York, Thaw wag bi today be grqw scrutiny of Mu Dra Ftlqt, ljel ho was more, i vlous dag of the h 1.—When Harry Into the trial room .vo under the ebarp [experts for the Rate. and Maho* That than on aity pre- rial waa plainly evt- w waa too III to- ttlal of her hue time since the trial that the young to be near him. Milt When her ejeotric brougham called for her at the Hotel Lorraine today to lake-her to the murder trial ehe was unable to leave, her bed. CMford Hart- rldge. Thaw’s personal counsel, called on her at .the betel, but he would eay nothing Oh to ber condition. While Dr;, Man Was testifying to day, Harry Thaw became III and Ur. Htrtridge asked that he be excused for IIv** minutes He went Into (he prisoner’s 'room and paced up and down nervously (or more than seven mlnutey before pnsceedlng ho the court room, and tbs t^gl was reeamad. :..u u move. st on made Wy reefer -of ftss White in tbe room has escaped Centime Page Five. the newspaper men present ' loser so thsy could hear him. Never - for one Instant did hla nerve fall him. Me held out his hands for Sheriff Frey ■ <> handcuff and he watctfkd while his feet were fastened. only once did he murmur a protest. When Sheriff Frey started to adjust the black cap Bullard objected and asked tf he could not die without It. Ilut when the sheriff explained that this was Impossible, Bullard quietly ac- quiesced. t'ntll the last moment neither John Bullard nor hla friends had . given up hope. A laat appeal was made to Gov ernor Terrell Thursday afternoon, but lie refused to grant a reprieve unless Judge George Oober, the trial judge, should recommend It. Judge Oober re mained etlent and John Bullard, almost dying of consumption, strsngthsned by a fiery stimulant, managed to walk to l lie scaffold and stand upon the trap until It fell from beneath him. Prayer With Prisoner. At 10:55 o’clock Revs. C. Dobbs, of the Baptist church, and W. I. . Pearce, of the Methodist chbrch, culled at the jail and were admltled to the cell. They prayed for a little while, »nd then read a selection from the Scriptures. At 11:16 o’clock Sheriff W. J. Frey entered the cell. "Come on, John,” he said, kindly. John Bullard arose, steadied himself a moment against hla bunk, and followed the sheriff from the cell. He was able to stand and walk unsteadily. It waa ">ld In the corridor and Bullard trem bled when he faced the draft. But his nerve never failed him for a moment. Down the corridor on the second floor the death march began. At the end of the corridor, which asperates the hlte cells from those occupied by ne- Ri'oet. stands the gallows, a permanent offalr built Into the structure of the lull. Bullard took his stand upon the trap. „ "I Am Not Afraid.” "I have made peace with God.” he "aid. "I have accepted Christ. 1 am not afraid.” Dr. Dobbs asked him several times If hr would not make a confession. "I do not wish to doubt your word or Insist that you were guilty," said Dr, Dobbs, "but you know this Is an awful time.” "I have nothing to confess,” repeated Bullard. "It waa an accident. All that 1 said Wednesday waa true." "You have no confession to make?" Insisted the minister. ”1 have none,” said Bullard. “I am going home to rest. I have confidence In God.” Sheriff W. J. Frey pressed the lever • het released the trap. Bullard’s body shot downwards His neck was broken nnd he was pronounced dead In 5 minutes. Two Brothers Present. Rev. Dr. C. E. Dobbs called upon the condemned man early In the morn ing end talked with him for some time. The two brothers, Malacht and Patrick Bullard, also had a talk with ths pris oner. Bullard slept but little during hie Iset night on earth. Between 11 and It O'clock he took a nap, but toon awoke. Governor Tyrrell - Friday Issued statement carrying his reasons for not respiting John Bullard. In this statement he reviews that faae and elates why ho came to tho conclusion not to Interfere with the execution of the law. During Friday morning Governor Terrell received scores of telephone messages, both lo cal and from other points, beseeching him to respite Bullard. Hundreds called ' up The Georgian offleo and anxiously Inquired If Bul lard had been respited. Friday morning Judge J. P. Demon, u Justice of the peace from Paulding, culled on the governor "What arc you going to do about Bullard?" he asked the governor. "Let the law lake Its course," was the reply. "God bless you. governor, you are doing right. Bullard Is a bad man and ought to be hanged." said Judge Den ton. The governor's statement In full le as follows: Governor's Statsmsnt. Bullard was convicted In Cobb su perior court for the offense of murder. The victim was his 17-year-old daugh ter. U|sin whose body be Inflicted four wounds with a revolver. When put on trial ll was suggested by way of de fence that Ills mind was lm|>alred and proof was further offered that Bullard was a consumptive and would possibly live but a short while. The court de clined to entertain evidence as to the probable length of time that Bullard would live or rather the probable time within which he would die from natural causes. The Jury convicted Bullard without recommendation and the Judge Imposed upon him the sentence of denth. His case wns appealed to the supreme court of Georgia and after argument and consideration thereof by the court the judgment was affirmed. Application was made to the govern or to hove physicians appointed to In quire Into the present sanity of Bul lard The physicians were duly ap pointed and have reported that Bul lard was now sane. Application wns then made to the governor, which was referred to the pardon board, for com- mutnllon of the sentence. The pardon board after considering the same de clined to so recommend. A Final Precaution. Application la now made for respite upon the ground that Bullard can live but a short while Ihnger and that as an act of mercy the executive should stay the sentence of the court and await death, the natural result of the disease with which he le afflicted out of abundance of precaution l have this morning appointed a com mission consisting of two eminent phy sicians. Dr. James B. Baird, of At lanta, and Dr. H. E. Reynolds, of Ma rietta, requesting. of them an Inv gallon of Bullani’s physical coridi to the and that It might be aaeertalned If Bullard was now in extremis. ] am Juat In receipt of tha report of there physicians which la to the effect that "neither the emaciation nor the debil ity la extreme.” No Power to Aot Through Pity, May the governor In the exercise of the power conferred upon him by the constitution to commute, respite pardon, properly stay the proceedings of the court and await the natural death of,the convict? The first im pulse of a kindly heart Is to lean to tho suggestion that It le a humane thing for the executive to do. Tha gov ernor, however, ti not empowered to act purely from a eenae of pity, and While he may temper juetlce with mercy, he has no authority to thwart Justice by In effect setting aside the Judgment of a court. The argument that the eonvlct may probably die at no distant date, and for this reason tha sentence or the law should abate, la unsound. It Is In effect an argument that a man afflicted with an Incurable disease may commit crime an far as the law Is concerned, with Impunity. It It of course sad and disagreeable to execute the law by the Infliction or capital punishment on a man eo dis agreeable to execute the law by the Infliction of capital punlahment on a man so diseased that In the course of events would probably die a natural death at no very distant date. It la also sad and disagreeable to execute a human being being In the vlgoc of health and with the prospect of, long life before him. Thle furnishes no suf ficient reason why the law should not be executed. The law recognises no difference In the punlehment of mur der on. account of the tact that tha murderer himself Is In an enfsabled physical condition. It Is a crime for either the sick or well to kill, and the law recognises no distinction In ths In fliction of punishment. The law takea no delight In punishing either, hut In- fllrte punlehment for the protection of society, since society demand* protec tion from the criminal class Irrespec tive of the physical condition of the criminal. Without Authority. It Is manifest there Is no warrant or authority In law for tha governor to ' * judgment and sen- stay and defeat the _ _ fence of the courts of the country for the reason that the guilty has an In curable disease which may shortly re sult In the death of the convict. The duty of the governor la to see that the laws are executed and the reaponslbtt- Ity of the Infliction of punishment for crime Is placed upon the courts and Juries and should not be modified ex cept for some reason which lha law recognltee. It la therefore ordered -that the pe tition for respite be, and tha same la hereby for tha reasons stated, denied. J. M. TERRELL, March 1,1(07, Governor. PHYSICIANS MAKE REPORI ON BULLARD'S,CONDITION | In order that he might Anally know John Bullard's physical condition, Governor Terrell requested Dr. James B. Baird to go lo Marietta early Fri day morning and make unolher exami nation of the condemned man. In-Marlelta Dr. Baird was joined by Dr H V Reynolds. The examination as made at * o’clock Friday morning. At 10 o’clock their report wae person ally delivered to Governor Terrell In hi* office by Dr. Baird. With this statement before Mm. Oov. Interfere with the death sentence. Tha finding of the prison commission In the caw was approved by the governor Continued an Fags Thirteen. Bill Killed in House Husband’ and Father by Vote of 161 to 154. Washington, March 1. — The abip subsidy bill haa been lost by a vote of 161 noe* to 134 ayes. Eight street car fares for a quarter. Btreet ear fare for children, two for a nickel. Fare for those not provided with — 1 cent. win's allagad victims, la hare trying to gain admission to tha Jail and avow- . log t” km Baldwin Many of Baldwin’s riel tng to stir up a mob to lynch him. Itle said the defense wUl b* Insanity. There are the three provisions which Alderman Kay will ask the committee on freight retea and transportation to embody In an ordinance to be recoin mended to council for I! TMU Saloon Licenses Taken by Police Com mittee Friday. Up Th«» police committee of council bflrt an other nocret ocmIoii Thurwlay Afternoon mnl acini on aerenil more applications for liquor 11 rentes. The committee flrtt heiml the armimcnts for ami against the applications Tmft then retired to the privacy of tbe cloak room to take action. The committee refuted to fire oat what they did. Somehow a leak waa sprung again, and a few Idta of these secret doings managed to And their way to a representative of The tleorgtan. Juat aa similar Idta did at tbe previous meeting. There waa tbe application of Mltihlnnet ft negro _ Javaghau. JOT Peters street, transfer from Brace to them of •aloon, and- Another favorable report. The application of \V. U Brldwcll. 173 Marietta street, for a transfer from a white to a colored saloon, was reported adversely. The committee continued the policy of not loon liy tarn allowing any negro to run n down the application or r rann «. moon, a negro, for a negro saloon nt lo vy street. IVrooiialy, Johnson had strong ndornementa. The application of 4'ook ft Morris for s white l»cer so loon nt 197 I'crn street was Urm**; shortly- after g o'clock Fri day morning that damaged to {ho ax* - ofsbtrnt *48*00 -tha hgndsomw home of Albert E. Thornton, lit Peach tree street, president of the Elbarton oil mills and vice president of tha At lanta National Bank. Mr. Thornton and hla wife and Mr. and Mre. Auatell Thornton had a thrilling and narrow escapa from the flamaa In their night clotbaa, the biasing residence having become filled with danse invoke, caus ing them to grope their way to fresh air. The torn up condition of Peachtra* street, because of the relaying of the asphalt pavement, prevented the lira wagons from making much time and the delay from this source 1*1 the flames get considerable headway. Only on* aide of Peachtree la open to traf fic, the other aide being piled high with material. Lowry Arnold, solicitor of the criml- 'nal court, who lives next door, together with Bicycle Policemen Pearson anil Jameson, succeeded In saving many valuable articles. The officer* and Mr Arnold braved the flame* and smoke after bursting In the dining room door and saving several hundred dollars worth of silver plate. Valuable Portrait*. Several portraits of the parents of Mr. and Mrs. Thornton were totally destroyed. They were prised very highly and cannot be duplicated. Oth er paintings, statuary and bric-a-brac were destroyed or damaged beyond re pair. Rare lacee valued at several thousand dollars were also In the house nnd It In feared are completely de stroyed. The Are originated In the basement, hut the cause has not yet been ascer tained. The northern portion of the house and the roofs are almost com pletely destroyed. The library, said (o be one of the most complete private libraries In the city. Is badly damaged. About 32ITOOO Insurance on the struc ture and furnishings was carried. Seeks Life of Whole sale Slayer. Alienist Is Introduce*! Into im M Brothers, 1m NOT TO’DEPEND ON “HIGHER LAW* Bloomington, 111., March 1.—Thomas Baldwin, the rich Colfax farmar who killed four parsons In an affort to bids an offanaa which M la charged with, against hla wife's little niece.' faces death at tha hands of an avenger. Simon Elaeman, whose wife am 14-year-otd daughter war* two of Bald Roosevelt a Mixer, Says Lieut. Crank March 1.—Lieutenant Commander It K. Crank. U. S. N» who waa attached to the Louisiana whan aha carried President Roosevelt to . the MriCWi L orth Carolina, that "the preaidant Is the bast mixer I ever saw. Whether he dined with tha man la the warn room he never lefkMva tmpraanton that CIRCUIT 6Q0UT OF APFKALE M DECIDES NOTED LAW SUIT The application of J. T. Hwonla for a nr pro saloon at to hrestur otrert wna hIm reported unfavorably. MOBILE CITIZEN MADE INSPECTOR ■perttl to The Georgtsa. Chattanooga. Tenn. March I.—W. R. Keys, who was made temporary in spector for this division In place of Paul E. Williams, recently granted a leave of absence to accept the vice ■residency of the Union Central Life nsuranc* Company at Cincinnati, has been ordered to Chicago lo do special field work. O. J. Clarke, of Mobil*. Is ■laced In charge of the Inspector's ot ic* here. GEORGIA MARBLE Special to The Georgian. Macon, Oa. March 1.—After having bean ■ In the courts for almost eight years, the famous Huff-Bldwell • care, Involvlpg many thousands of dollars, haa been decided by tha United Biatss circuit court la amended by allowing tha decision of Judge Bpeer, against W. A. Huff. Summed up,'the decree of the cirrult court Is amended by allowed the city of Macon the full amount of the taxes claimed against It The dad at on of the appellate court la practically tha laat In this long litigation. Chattanooga. Tenn.. March L— Moore A Jonas, grocare of Shelbyvllte, laat night and Hants, grocer, waa completaly destroy ed The buildings belonged to Misses Carneys and were partially Insured. goooooooooooooooooooooooog 0 LORD'S DAY IN CANADA 0 0 TO STOP ALL WORK. 4 o o O Toronto, March I.—Lord's day O 0 act went Into effect today. The 4 O act says It Is not lawful for any Q O person on Lord's day, except as 4 transact O O provided, to carry on or 4 any business of his ordinary cnll- O O Ing. It Is expressly stated that O O works of necessity and mercy are O 0 not prohibited. O O O 00000000000000000004000000 Defense and Prosecution^ Lock Horns Over Question. Culpeper, Vs., March L—Judge Htm risen paid hla respects to ths “unwritJ* ten law" In deciding whether or not sanity evidence could ha admitted. Ka declared that the “unwritten law- t* non,eat In Virginia and tha only la«^ that could be pleaded In a court justice here waa that which ta writtsM * In black type on tha atatute books. Culpeper. Va, March I.—The fenae In the trial of Jamas and murder - of ' WILLIAM BYWATS3M. Ha was shot to death by Ismag and Philip Strother bssauss ha tried to dasert hla wife, their slater. Bywatars as a result of By waters' a leged attempt to .desert their steM Viola, within an hour after their mat rtage, today called Dr. Charles Clad an alienist from the government hot pltal for ths Insane at Washington. I the witness stand, thus Indicating thl the defense wilt not rest wholly upa the "unwritten law." . ' ■ I After relating the history of tk Strother family, telling of the relatlog between Bywatars and yiola, Bywatatl confession and hla alleged attempt a desertion. Attorney Moore said: Keith Makes Objection. "These being Mete, doctor, hot would you characterise tha act a homicide?" Prosecuting Attorney Keith object* Continued on Page Five. STATE CAPITOL? 04444440444444440444444444 9 TO FURNISH REPORTS ON THE COTTON CROP. O o Washington, March I.—The de- O O partment of agriculture announces O O today that It haa completed a aya-' O O tern whereby It will furnish on ap- O a plication dally and weakly bulls- O O tins on the cotton crop, and all O O others crops, to farmers' Instl- O O tutea and association* through- O O out the country. O O O OOOOOOOOOOCOOOGOOOOOOOOOOO Special to The Georgian. Milwaukee, WIs, March 1.—Wiscon sin’s new cspllol Is to be of white nmrblo or granite nnd Its cost Is to be about 16,000.000. These two things were decided at conference of the cap- Itol commission and members of the legislature today. The plan le lo leave the choice of marble or granite to the capital com mission. If marble Is used It will be the famous white Cherokee marble of Oeorgla. 4 HERE I* THE JURY 4 0 IN STROTHBR CASE. 4 0 4 0 Culpeper, Vs. March 1.—Here 4 0 ere the members of the Jury In 4 4 the Btrother murder case: 4 4 Asa A. Sheets. K. M. Bushong, 4 4 M. A. Price. Daniel l.lcklller. W. 4 4 ('. Lents, Joslsh Wiseman. J. O. 4 4 Boll. Charles t). Keller, P M. 4 4 Jarrell. J. f. Tmvnes, W. E. 4 4 Fleming mid W W. Bird O Fleming mnl W W. Illrd. O 0044444444440CO04040444044 Growth and Progress of the New Sosih BY JOSEPH B. LIVELY. Atlanta Is In the front rank In the march for growth and prosperity— tract the attention of observant people throughout Atlanta's growth Is not, nor has never bean, spasmodic. It never par take^ of "boom" methods. From Its ashes age It haa grown. Just s natural, healthy growth, the result of the Indomitable and harmonious energy of Ita pubita-spirlted rltlscns. Its proapeeta grow brighter with the starting of each year, all lines of business showing enormous In creases uv*r the year preceding. ., ’/.( Comparisons of the clearings nnd tha report of ths building Inspector for the month of February, 1*07, wnh the month of February. 1*04, wtll give some Idea as lo what Is being done In tbe banking andbulldln^Jjj denting* month of February, 1*07 Clearings month of February. 1*06. 121.117,761 11,174,349— 97.716,400 Building permits February, HOT Building permits February, 1*03 300,609 Total Increase 93.030.10t For only two Items In Atlanta's many lines of business this Is a remarkable showing. DEVELOPMENT AT 3EN0IA. . ‘j Henois Is experiencing quit* s boom along all business lines during the past few weeks, and prospects or* for a moat prosperous year for the tow n ' • . " ‘a Mr ' ; | The First Kattotml Bank at Masala opened lor .business, February 3. with I25.CDO paid In capital. They will- A twenty-room hotel Is Just being completed by C. r. Hoi a fsw days.. will be opened to the traveling public withli ___ At a meeting of the directors of the Henois Oil Mill i they decided to begin st once the erection of suitable buildings In n fertiliser plant for next season. A new 32.000 Methodist parsonage has juat been completed. The Bank of Benol* opened Us doors for business here today; three banks for Benols. Thl* bank has a etons home followlag. They have u nlco building, which has Just been completed. ■ A tiling plant w ill also be put up here at once, and It Is likely that In front of many of the store* walk* will b* laid.with tlllnfc 1". e n*e bul ! Continued an Pag* Thirteen.