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THE WAYCROSS WEEKLY HERALD
HIES MBS’
Waycross, Oa., May IS, 190S.
TO THE PUBLIC:—DUTY AND JUS
TICE REQUIRES THIS STATE
MENT:
The case of the State vs. Harry E.
Lyles, charged with murder, was tried
at the April Term, 1907, of Ware Su
perior Court, wnen notwithstanding
the overwhelming public esntiment
and strong prejudice existing against
Lyles, there wus a mistrial, but imme
diately following upon the second trial
of the case, when it was apparent that
every influence was exerted to con
strain the jury to convict without a
recommendation, a straight verdict of
guilty was rendered and Lyles was
sentenced to be hung.
A motion for a new trial was made
end promptly overruled and the case
carried to the Supreme Court lor re
view, where it was argued in Octob.
aud after being held under consider-
tion for several months tQ the surprise
not only of Lyles' counsel but to oth
ers because of previous decisions of
the court, the judgment of the court
below was affirmed in March.
Thereupon petitions in favo
commutation of the sentence of Lyles
to life imprisonment were circulated
and after being signed by several hun
dred of the good people •>? Waycross
nai Ware county, and a majority of
the members of the bar who near*!
the case tried, and certain of the
county olllcers, (members of the Jury
convicting Lyles being willing also to
recommend a commutation of senten
ce provided they thought it would
meet with the approval of the esurt,)
were filed with the Prison Comtni3-
(iovernor from Lie Executive ofliee on
his campaign tour every day during
said week, being engaged on said
Saturday the Sih Inst., in making a
campaign speech in Washington, Wil
kes county, and although we presume
lie spent Sunday in Atlanta at the lyx-
ecutive Mansion and leaving that nignt
for Augusta where he was on Monday
tlie 11 inst., making a speech there
that night and goin^ from there to
Savanna:), yet on Tuesday the 12th, we
received the following communication:
“Atlanta, Cia., May 11, 1908.
Messrs. .1. L. Sweat and John T.
Myers, Waycross, Ga.,
Gentlemen: —
In the matter of the application of
Harry E. Lyles for a commutation of
his sentence, I bey to advise you that
after a very careful consideration of
this case, the Governor has passe*! an
order declining to grant the applica
tion.
Very truly yours,
C. M. HIT(?H,
Secretary Executive Department."
Realizing It would require some
time for Ills Excellency the Governor,
to carefully read and consider
the voluminous report and that
we would be accorded the
priviicdgu of appearing before him
to urge commutation on behalf of
Lyles, ami understand the pressing
engagements of the Governor, while
we were ready to go to Atlanta upon
any- day fixed by him, we supposed
that if he could not conveniently find
ie pending the campaign to give
:ase the consideration its import
ance entitled it to with a human life
THE MILD
HOKE SMITH RALLY
JOE DROWN MAN CORRECTS
STATEMENT PUBLISHED.
HUTCHINS SPOKE
JIT PHOENIX PARK.
IS ABLE ADDRESS WAS IN IN
TEREST OF JOE BROWN.
JOKE
The report of the big Hoke Smith
rally at McDonald, Ga., reported in a
Waycross paper on last Wednesdaj
brings forth the following correction
from Mr, Joe McDonald:
McDonald, Cu., May II.
Mr. F. IL McDonald,
Way
Ga
in favor
pool wa
Brown,
sion and a formal application made* involved, that If necessary he would
1*1 presented by his counsel to said | grant a respite for thirty days with
Prison Commission and the t
argued before them.
Whereupon they took
view of enabling him to have
I portunity to do so.
under | As will be seen, howe
consideration, and us the Judge and i been denied the privilege
* have
?d for
Dear Frank:
Yours received. There was a Hoke
Smith rally here last Saturday and
Col. Dart and Col. Lankford came over
and spoke. There were very few
people here. The crowd was poll* .1
several times aud was always
Brown. The average
; to 12 In favor of
no can readily sfeo that
tho GO enrolled that dayds untrue, as
there were only 25 people here In all
—two of diem from Douglas and '■>
from Clinch county, 'lloke Smith's
crowd asked us not to report tho
meeting and they wouldn’t report it,
hut you see they have reported u u»
suit themselves. You can bet your
life we are ahead so far and we tiro
going to slay ahead. Even the names
you see marked (six names marked)
were not at the meeting at all that 4 1
day, and they tell me that they have It
not signed the Hoke /Smith Club, and j v
there are only two Hoke Smith i
hero that 1 know of.
Yours truly,
JOE McDONALI
GOV. JOE BROWN.
Solicitor General opposed-'commuta
tion of the sentence, the Prison Com
mission recommended that tho same
be not granted, and on Friday the Sth
Inst, transmitted the record to the Ex
ecutive office where It was received
and was on file on Saturday the 9th.
On said Fridny tlii* Sth inst., we
addressed the following communica
tion to His Excellency the Governor,
which reached the Executive office on
Saturday morning: .
"May 8th, 190S. *
"His Excellency, Hoke Smith, z
Atlanta, Ga.
Dear Sir:—
We see by today’s paper that tne
Honorable Prison Commission of the
State has declined to recommend a
commutation of the sentence of Harry
E. Lyles, convicted of murder In Ware
Superior Court, to life imprisonment
an application therefor having been
recently presented and argued by us
as counsel appointed by the court to
represent said Harry E. Lyles.
Now the record In £a!d case is very
voluminous and while it seems to be
hoping against hope for us to further
press the matter, yet we not only deem
and commutation has been refused in
the manner and under 'the circum
stances as stated.
While public sentiment is still
against Lyles, yet tin* most prejudiced
think lie was entitled to have his
duly considered and his counsel nt
least given the same privilege that
was accorded Tom Watson in the
Glover case, and although Lyles’
stands upon a different footing, there
being no direct a:.d pcaLive evidence
to show toe shci/.In? was intentional
there would' r. t »:i.vo l „*<*n the same
ground fer cr.n.plal.it, if commutation
had then betn refused.
Under the law, th? Prlaca Commis
sion can only make a recommendation
to the Governor and bv the Constitu
tion of the State the Governor alcnc
is vested with the power to commute
penalties.
While commutation was urged main
ly upon tho ground that inasmuch as
there was no eye witness to the shoot
ing and as Judge Warren Lott aud
wihers testified from actual experi
ments made, that it was possible for
it to have bceu acidental as Lyles
always claimed it was, and that he
On last Saturday, both through word
mouth and through (‘no columns
of the News we spread broad cast the
honestly-felt opinion that Joe Brown
could not carry Baldwin county, but
that Gov. Smith would have a mighty
II majority. We were sincere in
this opinion until Sunday, when utter
ances of tho Hon. Seaborn Wright and
the Rev. W. W. Landrum, of Atlanta,
were made known through the dail,
. ers. Now we believe (
Brown will bo the title of our chief
executive In 1909 and carry Baldwin
county by a safe majority.—Milled
vllle Nows.
An audience of between 400 and 500
people, among whom were several
i ladies, greeted Hon. G. U. Uutchin
. f Ccdartown in Phoenix park today
Many people who had ti«*eii :
| that there would he a joint debate at
tin* court hose, \v< nt there, while nun
hers of Joe Brown supporters, deal
! ins to hear the famed politician, ltob
• i t I.. Berner in IUh defense
present governor, also a tended the
speaking at the court house.
Those who hoard the adress of M
Hutchins, wore not disappointed, in
fact it is generally conceeded to have
been one the greatest speeches ev
before heard in this city—not except
ing the go rat oratorical addr<
lloke Smith.
Mr. Hutchins is from the mountains
of North Georgia, and brings the new
ihat the voters of his section have ris
en on masse against the policle
lloke Smith, and on June 4th will give
overwhelming majorities to Little Joe
Brown. Mr. Hutchins tells that the
thirteen counties in the Ninth Dis
trict, with possibly one exception, wTH
it their ballots for Brown and 1’
Ity, and that of the eighteen coun-
[ties of the Seventh District at tho
I very least sixteen can be placed In
tiie Joe Brown column without a doubt
Tho speech was n convincing argu
ment to the hearers as to why the
voters of Georgia should give up the
policies of the present administration
and join under the standard of Joe
Brown and a return of prosperity.
Mr. llutchln’s address was listened
to with gr«*nt Interest and thero
much enthusiasm. Ho will take
tonight certain isucs of the campaign
which were not niehtloned today,
those who atoml the speaking in
Phot ni
Park
great hi
sd of hear-
•T
ROT.
, Go
It otir bounded duly to the podr ihA!l.j nhould therefore be given the benefit
to do so but we have such a strong!of at least this element of doubt as I ^ j g Augusta Chronicle.
It Is printed chat, at V,
erncr Smith tnl:! that he was not cam
paigning for - .*er.jn.inatLa—that was
not necessary—hut his whirlwind fly
through the state, “was solely for the
ntrpose of making his majority so
great that thero would bo no combi
nation of the Joe Brown, negro and re
publican forces to defeat him with
independent candidate in the October
electlcn."
Rot.
Surely Governor Hoke Smith doesn’i
really believe, like Mr. Rube Arnold,
that there urs a pile of "d.tracd fools”
in Georgia,
It is hard to believe that Governor
Hoke Smith made such a statement.
It is certain that every man in Way-
cross who beard any such statement
pronounced it the rot and buncombe
ur thousand dolln
offered for Mrs.
n't got her.
Brown in Georgia aud Gilchrist in
Florida. Looks like things are coming
No matter who is elected governor,
vo will all be in Jt together—Alb*
>amee.
E.
To the Editor of i
.Wre
x\V.
Telegraph: A
ago we began
upbuilding the
known as the
- began without
•res of Georgia
only asset, be
ll ml love of our
for labor over kr
of the business,
te
ying
twenty til
tlid twice a
capital, only a f»-
pine lauds being
sides young mania
section of the state.
At the beginning or our career wo,
imong other enterprises, became as-
iclated with the manufacture of lum
ber and "naval stores. To those who
ire not familiar with this line of busi
ness we will say that it necessitat
ed a huge outlay of money; hence the
majority of us who has followed this
line of business have always had to
seek outside money. Wo could
•pontine op
id coining i
id twice i
•dlate
eds
timber
lino lease*
Among
purchase often in large
to secure a sufficiency of
;ua ran tee us in investing
in saw mills and turpen-
fixtures, etc.
I** many other draw hacks
o our business in those days were
o* I era of railway facilities; henco to
o a large extern wo had to build our
iwn railways to connect with tho
allway sjstem of Georgia. Just here
dr. Editor, let iih digress a little and
efep more minutely to the once "tram*
oad In Georgia, especially South Geor
gia. l»ok at a railway mup of South
tirglu today and >
the majority of our u<
11 way systems was
■orgia. Ty t‘.S'v '
pensc of build
n cusily unde
is to Interest I„*
ntly to cause thei
see tlmt
new well equipped
i once tram roads,
c;::ratin cf South
underwent the
those tram roads,
.ml how hard It
Igu capital suffici-
i to buy them up
as much for timber ;
vet We Were fllikH
He found ev»ry ti
with a smiling lace :
All lough paying fror
os much for limber i
for labor, in fact tlie price of labor
“cut no Ice," all he wanted awa labor
give him labor ami lie would make
money.
He found the cross tie operators pay
ing more for dead timber upon the
ground than ho had ev. r paid for
choice green timber; nLo ; ayiug twice
as much for geitlngjiij ties cut as
over was known in the trade, yet ho
was making money and contented.
He found our farmers prosperous
and receiving the top notch price for
every article they could grow upon
tho farm.
He found our towns and cities
equlppng themselves with electric
lights, water works, sewerage public
school systems, etc. Also many of
them building manufacturing enter
prises which have since been aband
oned. Mind you, Mr. Editor these
is and cities which were taking
o much life some of them aro
standing where ten and fifteen years
;o the native Georgian pine stood.
He foetid our banks full of money
abiding conviction of his lnnocense | to his guilt and his sencencc commut-
t’.'.at wo are constrained to believe j ed to Ulo imprisonment, believing
when you coine to hear the case fully j that the law would be sufficiently via-
and properly uuderstanji it that youj dicated thereby end Its aims and pur-
will, notwithstanding the adverse ‘cir-1 poses in its punishments sufficiently
cumstacces, commute the sentence ; accomplished, yet in erder to proper-
to life imprisonment.
We therefore desire you to.fix suca
time as will suit your convenience
when we may come to Atlanta to
argue the case before you.
Lyles is now under sentence to be
hung on the 26th inst., and in view
of the shortness of the time and your
ether pressing engagements, we
would respectfully ask that you grant
u respite for thirty days and fix each
day In the mcatime as will enable
you to conveniently hear us and will
*Ive you time to thoroughly and care-
fully read and consider the record in
the case.
Please let us'hear from you.
Very truly yours,
J. L. SWEAT.
JOHN T. MYERS.” ;
Nolwithstandi ig the absence of the
!y understand the care, a careful read
ing of the entire record was necessary
and there were special reasons we de
sired to urgo upon the Governor as to
why ho should commute the sentence,
notwithstanding the opposition of the
Jud.'c and Solicitor General and the
adverse recommendation cf the* Prison
Commission.
If the opposition cf a Judie and
Solicitor General is to defeat commu
tation, then the law ought to be
changed to that effect-an J there woulw
be no -reason then to have the Prison
Commission consider an application
and make a recommendation or for the
Governor to exercise the power of
.ranting or refusing commutation as
vested fn him by the Constitution; or
if the opposition of a Judge and Solici
tor General and the adverse reccra-
Rot or not, Thero is a gentleman In
Waycross who heard him make the
Judge R. B. Russell insists that he
Is not for Hoke 3mi.ii. Well then we
know where to locate him.
niendotlou of the Prison Commission
is to control, then and In that event
the power vested in the Governor by
the Constitution to commute penalties
becomes a nullity.
It Is not our pun>o*;e to improperly
cr unjustly criticise any one but as we
have conscientiously endeavored to
perform cur full duty In the case, we
are constrained to roa*e this state
ment in order that the public may un
derstand that wo hava not been It;
any wise remiss in pressing the ap
plicaikn for a commutation cf the
sentence cf Lyles to life imprison
ment before His Excellency the Gov
ernor.
Respectfully submitted,
J. L| SWEAT,
JOHN T. MYERS.
TrvE MEN SPENT A VERY QUIET
DAY AFTER GETTING THEIR
CAMP IN 8HAPE.
Savannah, Go., May 18.J—The
soldiers at Fort Screven who aro now
comfortably situated for a ten days
camp spent a very quiet day yesterday
The men were very tired Saturday
night after the labors of getting their
Camp In shape and most of them slept
soundly during the nignt. They were
up at Sunday morning bugle call yes
terday morning, however, and after
puling their tenia In shape and attend
Inv to other routine duties thero v.ai
not much to do throughout the day
During the afternoon the camp wai
visited by a largo number of rlends
of the troops. Many visitors went
down from the city and there would
have been many others except for the
fact that it ruined fn the city during
the afternon. The country companies
are already well adopted to their now
circumstances. Some of them are
little puzzled over tho mysteries of
the big "crick” upon the shores of
which they are encamped. This Is an
ideal time for an encampment at Ty-
bee and the boys are finding it much
more comfortable so far as mosquitoes
and the midday heat is concerned
than they did last year when the en
campment was^in July. Major W.
Stephens of the Savannah Volunteer
Guards Battalion who is in command
of the camp of Volunteers seems much
pleased with the rapidity with which
he camp was arranged, and the ease
with which the soMicru adjusted tom
selves to the life cf a regular. Wed
nesday will be a big day In camp.
There will be a series of field sports
on the beach which will be participat
ed In by both volunteer! and regulars.
ud give us the flue system we have
. One thing wo urc sure* of—In
days the governors of Georgia
not uiitl-forelgn capital demagog-
>ut nu*n who held out the hand
f friendship to those who wanted to
hint their money in Georgia. Be this
their eternal credit.
Pile writer lias more than once
bought that Ills little was all gone
iiini for the lack of railway con-
n. On more tliun one occas
ion ho has Invaded'(he money mar
kets of the United States in search of
a helping hand, not always successful.
Yet up until the election of Iloko
Smith for Governor was the refusal
that Georgia was looked upon as an
unsafe field for capital. This Was the
only time that my cheeks ever burned
with chagrin and shame for my na
tive state. We will say here that
Georgia was not known to those capi
talists as it was to us. 1* was known
then ns Hoke' Smith's State nnd not
the state of three million of people
is honest and good as the God of this
alvrrse ever created.
Mr. Editor we have no desire to be
•artlsian in the matter of the election
f Governor of Georgia; It would not
:e to cur interest. We only desire to
./jt ld:rc the world the condition of
:ni Great South Georgia, bofore and
tft r tithing the Hokelsm of two years
ipo. When he came among us as
he Moses of the twentieth century to
lead us to reform, we iiossessed the
garden spot of Georgia. What we
needed was this nman Hoke’s refor
mation. We havo had it. Let us
look at It.
Two years ago Hoke 3nilth found
prosperity In South Georgia as it never
existed before. Here are a few of the
things he found:
He found every saw mill In South
Georgia running full time, paying the
That near beer dosn't seem to be
any ways near Waycross.
—r—*
John Johnson Is a very homely name
but it may be the name of your next
president. Who knows
*
Florida had her state primary yes-
Airday, quite a strenous one. It looks
is if Gilchrist would be nominated for
iovernor. We certainly hope so.
of them with more than they
could use.
He found our real estate at good
prices and plenty of buyers. In fact
he found South Gceorgla prosperous.
Every railroad side track full of pro
duce ready for tho market. All wo
wanted was cars crying for cars. This
ho (Smith) said he would remedy, no
argument necessary to answer how
well he has kept his word.
Iloko Smith returned to South Geor
gia uoiiio weeks ago seeking vindica
tion. Let us see wbq^.b** finds.
Ho finds (gliostb^ cry saw mill
Glut Is not closed down running on
half time und the poor laboring man
orkim, at half prico, compared with
two years ago.
He flinds our turpentine operators'
faces pinched aud drawn with pain
crying out: ruined! ruined! (tho
ghost of Hokelsm.)
He finds our cross tie operators out
of business, and the timber that once
brought u good price burning up from
forest fires aud tho laborer out of a
Job.
He finds our turpentlno operator!
years older and giving mortgages to
turn associations. Tho only business
that we know that has increased has
been these foreign loan associations.
JJe finds our bankers gray-headed
rom the oid« al of the panic. He finds
.hem without funds to help the many
legitimate enterprises now needing re
lief in Smith Georgia. He finds them
in such shape us they have nevor
Seen before.
He finds our towns oil a stand-still
The only sign of progress being that
they are uutl-IIoke to tho bone.
Mr. Editor, the above facts are true
and as we said from a non-partisan
lew. We wish it was ao that we
could keep the precedent of electing
our Governor the second term, but
cohimon sense will advise us all on
soon as we possibly can to correct an
rror. South Georgia will go for Little
Joe by a large majority.
^ PIONEER,
South, Georgia, May *12, 190S. ;
The Charlottee Observer thinks that
if In hell there were any marrying
or flglng In mairtage Johann Hocb,
professional wife-murderer, and Mrs.
Bella Gulnnes, professional husband
suitor—murderer, would make
eminently fit soul-mates for each otb-
That peach grower who claims Cobb
county for Smith had better quit rais
ing peaches and go into politics.
JS&-1
