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Page Eight
XMAS : PRESENTS . GALORE '
- FOR FASHIONABLE MEN. g
SOME SUGGESTIONS
: FOR XMAS PRESENTS
Suit of Clothes (made to fit., Good
Brass Cornered Rolier Tray Trunks.
Suit Cases. Hand Grips, etc. Shirts.
Underwear. Derbies and Felt Hats.
Shoes. Bedroom Slippers. Old Lady’s
Comforts. Pretty Xmas Boxes with
Fashionable Ties. Umbrellas.
1\ :
H. ‘ *
‘ & @ - &
MARIETTA, GEORGIA.
Men’s Furnishing Goods and Shoes. | | On the Square.
Judge Morris and Gov. Brown
In a Spirited Controversy.
Judge Declares the Negro
Kellogg Should Not Have
~ Been Hanged.
Political circles have been greatly
etirred for the last week over a spirited
controversy between Judge N.A. Morris
end Governor Joseph M. Brown.
Judge Morris in a letter given to the
press on Tuesday of last week vigorous
ly eriticised Governor Brown for refus
ing to commute the sentence of the ne
&ro Kellogg who was hanged at Canton
the Friday before for killing J. E. Lan
ders, a'white man, overa game of craps.
Judge Morris, ' who presided at the
trial, says the jury found Kellogg guilty
without rcommendation and he was
compelled tosentence him to be hanged.
The attorneys appointed to defend the
negro did not appeal the case and one
of them was stricken with typhoid fever
koon after the trial. The case never
went to the Supreme Court.
Judge Morris says he stated immedi
ately after the trial, and he states now,
that Kellogg was not guilty of a hang
ing crime under the law and he volun
tariiy addressed a letter to the Prison
Commission earnestly recommending
that the sentence of Kellogg be com
muted to life imprisonment. Judge
Morris' says he stated in this letter:
“That a careful examination of the re
cord in the case would demonstrate the
fact that this negro should not be ex
euted.”
THE CUASE OF ELLIOTT,
Judge Morris contrasts the course of
the Governor in this case with the ac
tion taken in the case of Dr. Elliott, a
white man, who was to have been
hanged at LaGrange on the same day.
Govarnor Brown’s immediate reply
wag that the Judge should have cor
rected the error of his own ecourt and
not heve looked to the executive de
partment to do 80; and that so far ag
the Eilliott case was concerned, the
Judge nad evidently not read the record |
Judge M rric enme haok with o quoe
tation from the State institutionshow
ing the Governor’s authority and duty
in such matters, and said the Governor
had corrected an error of the court in
the Harper case. '
Judge Morris continued ¢
, ‘“As I stated in my former communi
|cation, and, as the record shows, the
|jury returned a verdict finding guilty
without a recommendation. I was
jcompelled, under the plain letter of the
| law, to pass the death panalty npon the
'defendant; T had no diseretion in the
' matter,
| “The attorneys appointed to defend
‘ Kellogg failed to make a motion for a
(new trial. T had no authority under
the law to interfere with the verdict in
| the absence of a motion, ot to modify
, the sentence preseribed by law. I was
' powerless to do anything except appeal
to you for executive clemency.
GOVERNOR BROWN’S POBITION.
.~ Governor Brown quotes law which
“he says shows that Judge Morris should
have corrected the error made by the
jury and proceeds:
“Now, as a final declaration to you, I
-will state that in every other applics
tion for executive clemency in which
'my decigion was published in the press,
‘there was brought before me supple
mentary evidence whiech the jury had
never heard. But the Kellogg case}
came with the evidence passed upon by
the jury, to which were attached only
& petition signed by a few people, and
your letter, wherein you gave no
reasons, both asking that for the death
venalty be substituted commutation to
imprisonment for life. ’
“Against the above were filed letters
from nine of the jurors who urged thatl
their verdiet was just and ought to
stand. f
)
“You and the g ntlemen who gigned
the petition, therefore. are the only
01e8 who have made the naked issue
which says that the executive office
should set itself in direct opposition to
the courts; or that the will of the
governor, on precisely the same presen
tation of facts, should overrule and netl
aside the will of the jury. T wil] state
unequivocally that these ecog.'
ditions shall not prevail while |
sit in she sxeentiva uffe .
'HE MARIETTA JOURNAIL AND COURIER
OUR SHOE DEPARTMENT
No present is more appropriate
or more acceptable for your friend
or a member of the family than a
pair of Shoes--Shoes that can be
depended upon to give the wearer
service and a happy heart.
e e
We carry the very best Shoes made, and
always have the style, fit and price that will
sell them. Give for a Xmas present a pair
of Men’s ‘““Boyden,”’ ‘Just Wright,” ¢«Bos
tonians,” St. Louis Star Brand (for heavy
wear.) Krippendorf & Dittman’s Shoes for
women. H. C. Goodman Shoes for children.
‘The pardoning prerogative—the only
i prerogative in our government—may at
'times be used to mitigate punishment
found to be excessive, it may at other
‘ times be used to correct new) y discover
el errors; hut it was not iutended to be
used, and by me it will not he used, to
directly defeat the verdicts of juries and
judgm.ents of courts.’”
Judge Morris replied Tuesday that
the law quoted by Governor Brown
referred to civil cases only. He added -
‘“You are the onlyofticer of the entire
state, from justice of the peace u%, in
my (()!pimon, that does not know that I
could not set aside the verdict of the
jury in the Kellog case in the absence
‘of motion for anew trial, and that I had
uo authority to make a motion,”’
‘ A COBB COUNTY CASE:
Governor Brown having referred to
the fact that Judge Morris recently
fired a jury for not bringing in averdict
of guilt as he thought should have
been done, Judge Morris replied:
“In view of your claim that you are
a strong prohibitionist—l did not !
suppose that you would criticise me |
for endeavoring to enforce the prohibi
tion laws against a notorious blind
tiger operated by a negro in your home ;
city. {
“During the same week of this trial
about a dozen parties in and around
Marietta were convicted of the illicit
sale of whisky. I gave practically all
|of them chain gang sentences, Some
of their sympathizers claimed at that
time that you would pardon them in a
short time. They must have known
what they were talking ahout for yon
pardoned one of them— Lizzie Teasley, ‘
a negress, last week. She had served
about two months of the six months’]
sentence I gave her, :
| ““If you are not cgreful aboutcriticis-
Ing judges for discharging juries you
will get on your Uncle Jim’s toes
When he was judge of this cirecuit he
did the same thing.”
The controversy extended through |
several issues of the Atlunta newspapers |
and the main points are given above SO]
that the readers of the Jouanal and Cou- |
ricr can see what these two distinguish- ‘
ed citizens of the county are heving to
say to each otheo, |
A e oo vmniians !
’ Manning Farm Sold. l
. Messrs. Green & Sessions on \\'edues-!
day sold the Frank Manning place on |
the Powder Springs road to Mr. I \\’.'
Fewler. The fagm is two miles from
the Square and consists of g hundred
acres. The price paid was 35,500, Mr. '
Clifi Fowler will huild another house on
the place and live near liis father,
! Knew It Was a Canal.
Some of these youngsters who are
|sludying physiology have as hard a
time as their parents figuring out the
terms used in that profoundly interest
ing subject. One litile girl, according
to ber mentor, was asked the other
day to name the three openings into
the throat. For the benefit of the gen
tle reader who may not have studied
his physiology recently it may be stat
ed that the openings are the epiglottis,
‘the esophagus aund the alimentary ca
nal,
The little girt had tried awfully hard
to remember those names because she
had a hunch that the teacher wouldf
aBk her to give them. She sturted|
bravely.
“The epiglottis,” she began and hesi- ‘
tated. ‘
“Right you are encouraged the
teacher. “What then?”’
"The~—um—-ah~snrcophugus'.'" she in
quired a little dubiously.
‘“You mean esophagus, my dear” |
suggested the teacher. “.And the
thivd o ’
“The Erie canal!” announced the lit- !
tle girl confidently and triumphantly .- |
Louisville Courier-Journal. |
The Bucket Shop.
“Bucket shops™-— gy name now used
to denote small “outside” stockbrokers
or tinanciers not in membership with
the Stock Exchange—were so called
because when they first started in
Chicago the only commodity dealt in
by small speculators to any extent
was wheat, The legitimate dealers
would not handle an order for less
than 5,000 bushiels, and then a lot of
places sprung up where men of lim
ited capital could speculate with very
small sums, and these men were Spo
ken of contemptuously as buying and
selling wheat by the bucketful; henece
- shops where a small husiuess was
conducted In grain on a margiu came
to be Kkuown as bucket shops. The
term was finally extended to cover all
brokerage offices where small lots of
either grain or stock were bought and
sold, and it wus applied particularly
to those places where boih seller and
buyer did not more than “gamble” on
the rise aad fali of stocks.
Trouble Makers OQusted.
Wherd a sufferer from stomach
trouble takes Dr, King’s New Life Pills
he's mighty glad to see his Dyspepsia
and lnfiigestinn fly, but 'more—-m’s!
tickled over his new, fine appetite,
strong nerves healthy vigor, all be..
cause stomach, liver and kidneys now |
work right, 25cat W, A, Nams & (o, |
SOME SUGGESTIONS
FOR XMAS PRESENTS
Special Xmas Boxes of Suspenders
A pretty line of Neckwear of all
styles and colors. Cuff Buttons. Silk
Mufflers. Pheenix Mufflers. Ways
Mufflers. Silk Handkerchiefs. Belts.
Coat Sweaters, all colors. Gloves
of every description.
odV6 & PEF 6ot
By making your cash purchases at
FAW & ROGERS’. Beginning :
with August, we will give a check '
showing amount of each cash pur
chase, and for each $lO.OO of these
checks returned to us we will give
FIFTY CENTS
in trade. Tt pays to buy for cash.
The quality of goods we handle is
well known,“and this liberal dis
count places the best within the
reach of all. Be sureto get a relate
check with each cash purchase.
FAW & ROGERS,
-TELEPHONE No, 20 MARIETTA, GEORG!A
,_——*
HISTORY REPEATS ITSELF.
In ancient times the wise men of the East based all their
business affairs and calculations on the positions and moys
ments of the stafs. And now in 1908 the wise men here pase
ronize the STAR PRESSING CLUB and TRIO LAUNDRY,
Moral-——Ger wisn,
Harry Hayvnes, Mgr. Phone 254
FUR SALE=A nice line of
buggies just arrived. For sale
cheap, cash or on time. If you
are looking for a buggy, see us
before buying, |
MAYES & BROWN.
Friday, Dee. 3, 18)9
Health depends, as nature ghows,
Moreon theinterior thun most 8L ppose
Keep your system from impurities free.
By using Hollister’s Roeky Morntain
Ten,
R E. Butler & Ron
