Newspaper Page Text
the weather.
Fair and slightly cooler Friday
nlehf Saturday fair. Temperatures
Friday (taken at A. K. Hawkes A
Co"store): S a. m. 65 degrees:
10 a. m., 68 degrees: 12 noon, 70 de
grees: 2 p. m.. 72 degrees.
The Atlanta Georgian
"Nothing Succeeds Like—THE GEORGIAN”
AND NEWS
*Nothing Succeeds Like—THE GEORGIAN”
SPOT COTTON.
Atlanta, quiet; 9c. Liverpool, steady; 5 19
New York, quiet; 9.45. Savannah. Arm;
8 15*16. Augusta, steady; 9V4- Galveston,
quiet; 9%. Norfolk, steady; 9 1-16. Mo
bile, steady; 9c. Houston, quiet; 9V4-
VOL. X. NO. 67.
HOMEC4TH) EDITION
ATLANTA, GA., FRIDAY, OCTOBER 20, 1911.
HOME! 4TH) EDITION PRICE: On'T^I'n*' FIVE CENTS.
MORE RAIN—-NO GAME FRIDAY state challenges
^ i ^^^TMNFORBIAS
II
Senator John Sharp Williams
Tells Why He Favors the
Princetonian.
STRONGEST OF CANDIDATES
New Jersey Man Would Get
Votes of Progressive Re
publicans, He Says.
A special from Meridian, Mias., to
The New York Times says:
1 The Mississippi delegation to the na-
,inn'il Democratic convention next year
Si lote for Governor Woodrow Wil
son of New Jeraey to head the ticket,
If the influence of Unitedtetatetf Sena
tor John Sharp William, can accom
plish it. Today Senator William* do-
H ired emphatically that Governor Wil
son is the man for the Democrats to
nominate If they hope to win In next
year's conte»t. . . . .
•Governor Woodrow Wilson might be
nominated for the presidency, said
Senator Williams when asked whom he
favored for the head of the ticket. He
1. the most available man the party
has. and I believe that victory would
he certain with Wilson at the head of
the ticket. Governor Wilson la In line
with the trend of political thought
whiclKhaa taken hold of the people, and
1 believe he would be the strongest can
didate the Democrat* could name. He
would poll practically the full strength
of Ms party, and he would appeal
strongly to the Republican progressives.
• If President Taft Is renominated by
the Republicans, as seems certain. Gov
ernor Wilson would make an ideal can
dldate for the Democrats to put In op
position against Taft. Governor Wil
son would get thousands of votes from
progressive Republicans, who are bit
terly hostile to President Taft.”
Wants to Know What Russell
Really Did Say and Who Of
fered Pope Brown Money.
The first indication that the guberna
torial campaign Is on In good old-fash-
lone.l Georgia style came Friday room
ing when J. R. Smith, ex-Governor Joe
Rionn's campaign manager, gave out a
statement which proved a series of
bristling mictions to be answered by
Judge R. R. Russell and Colonel J. Pope
Rrown.
Roth Colonel Brown and Judge Rus
sell will doubtless anawer the question*
and a buttle of statement* and counter
statements should awake In the race an
Interest that ha* not been manlfeeted.
In the statement. Judge Rusaell le
taken to task for what la styled an at
tempt to shift the responsibility for hi*
utterances upon the friend* and •up-
porters of Joe Brown. J. Pope Brown
Is ealled’upon to give out the namoe of
the responsible parties who offered him
111)0,000 at Waycroaa to put a local op
tion plank In his platform.
Tim statement as It came from J. R.
Smith Is:
The attempt upon the part of Judge
Russell and h|s manager# to *hlft the
responsibility for what they call a row
to Governor Brown and hla friends le
as ludicrous as It la absurd.
Neither Governor Brown nor hla
n lends have any control .over Judge
Russell's acts or utterances, and should
not be held In any way responsible for
them.
"Governor Brown did not have any
person representing him. directly or In
directly, as a critic at Dawson, when
Judge Russell Is reported to have re
ferred to the ministers of this state as
being like pnt-fed priest*,' and la *ald
Continued on Pag* Ninetten.
WANT ADS
Published by all the Atlanta
papers for the week ending
October 14,1911, six days
to the week:
Georgian S& D 2,899
Journal 2,164
Constitution 1,339
On yesterday the Atlanta
papers carried Want Ads
as follows:
Georgian 566
Journal 386
Constitution..:.. 206
THE GEORGIAN print, no beer,
•>"!»ky or unclean advertising.
To help those who are out of s
eci'ticn or wlio desire a bettor one,
HE GEORGIAN prints want ado
SJJ’f *h» classification "Situations
wanted free. Other classifications
ONE CENT A WORD
E
DAY OFJDIENESS
Philadelphia Weather Contin
ues to Delay , the World’s
Championship Series.
IT IS WINDY, COLD AND WET
Rube Oldring Sticks With Ath
letics Despite Sister’s Death.
McGraw on Snodgrass.
Philadelphia, Oct. 20.—The fourth
round In the big fight between the Ath
letics and the Giants for the world's
baseball championship will not be
fought until tomorrow. Today for the
third time rain caused a postponement
of the game, and a big crowd of disap
pointed fans was turned away from
Shlbe park when official announcement
was made that there would be nothing
doing.
Tomorrow’s game will be played here,
and In view of the half holiday and the
tremendous Interest In the series, the
greatest crowd that ever gathered at
a sporting event In Philadelphia Is
looked for. Mathewion and Bender
have practically been decided upon to
oppose each other In this duel.
Thd weather was cloudy and a breeze
blew out of the east In the early fore
noon, while the thermometer registered
66 degrees. Influenced by the standing
of the conflicting team*—the Athletics
having won two games and the Giants
only one—betting went forward on the
outcome of the series with the Quaker*
favorites at 1 to 1.
The keen rivalry between the team*
has given way today to a feeling of
personal hostility resulting from the
chargee following the spiking of Baker
by Snodgrass.
Oldring Sticks to Post.
Altho Connie Mack, manager of the
Athletics, urged "Rube” Oldring, hi*
ccnterflelder, to return to hit home in
Mt. Vernon, N. V.. because of the death
of hi* sister. Oldring showed a Spar
tan determination' to stick to hie post.
In anticipation of the hardest fought
game of the series, a battalion of fans
turned -out early In the day, and by S
o’clock there was a long Un* leading up
to the gates of Shlbe park. However,
two hour* later the crowd had dispersed
because of th* rain and consequent
Continued on P*g* Two.
Desperate Efforts Are Made
Friday to Get in Communi
cation With Hankow.
REFUGEES GIVE NO DETAILS
Shanghai. Oct. 20.—Fears that the
imperial army at Hankow had been an.
nlhllated In a battle with the revolu
tionary force* under General LI Heng,
led to desperate efforts today to get
In communication with that city or
with Wu Chang, just across the Yang-
Tse-Klang river, which the rebels are
tAIng as their base of operations.
Refugees arriving today told of hear
ing heavy flrlng, but could give no de
tail,. They did not know whether a
long-range light woe being waged
across the river or whether the two
armies had again clashed at close quar
ter*.
The fact that communication was cut
off waa taken to Indicate that the reb
el* had gained the upper hand, and had
Interrupted all wire service In order
to prevent new* of their movement*
reaching Pekin. Yuan Sha Kal la en
route forHankow to take complete com
mand of tne Imperial forces. He will
succeed General Chang Pao In com
mand of the land force*, and Admiral
8ah Cheng Ping's thirteen Chinese
gunboats were under order* to co-op*r.
ate on water with the land forces.
No fears are felt for the safety of
the resident* of th* foreign conces
sion* about Hankow because of the
protecting presence of a foreign fleet
In the river.
GRAND LARCENY CHARGED
TO CORPORATION’S HEAD
Indianapolis, Ind., Oct. 20.—Indict
ments for grand, larceny against John
L. Ketcham, President William H.
Brown, Superintendent William R.
Brown, Auditor Frank J. Vinson and
Paymaster Harry B. Holliday, of the
Brown-Kstcham Iron Works, were re
turned by the Marion county grand
jury Friday.
These Indictment* are the direct re
sult of the grand Jury's Investigation
of rumors that^ tJT-Indicted persons
have for year* the company a
dose corporation among themselves for
the purpose of robbing the holders of
the 6850,000 worth of preferred capital
stock.
Forsyth-St. Still Improves
IN CITYJATURDAY
Anderson, S. C., Will Be the
Terminus of the Glidden-
ites Friday.
ROADS ARE FAIRLY GOOD
Thursday’s Run From Winston-
Salem to Charlotte, N. C.,
Was Really Pleasant.
By PERCY H. WHITING.
Charlotte, N. C„ Oct. 20.—With An
derson, S. C, as the night destination,
and with Atlanta only another day off,
the Gltdden tourist* go aw; v.{hl.i morn,
lng In good .time for the seventh day’s
in.
In the morning the machines will
make It to Spartanburg, a distance of
nearly 91 mllea, the longest morning run
of the tour thus far. In the afternoon
they will push on to Anderson, virtually
70 miles farther along. The full day’s
run will be the second longest of the
trip, thus far at least.
It Is decidedly obvious that all the
tourists are looking forward eagerly to
the arrival In Atlanta. The two-day
stop-over there Uitens mighty fine to
them, and every revolution of a wheel
that takes them nearer there la a mat
ter of big satisfaction to them.
As the roads are reported to be fairly
good and as the weather Is fair, a nice
day’s run Is looked forward to.
By Fits and Starts.
The atrenuoslty of this tour seems t>
operate by fits and starts. After Wed-
Continued on Pag* Nineteen,
THAT GARBAGE PROBLEM
STILL PUZZLES ATLANTA
Chambers Wants to Buy Land
on Creek and Build Crema
tory Plant There.
Another effort will be made to eolve
the garbage problem, to work out th*
project for selling the city stockade,
and to icrure a right of way to th#
Intrenchment creek disposal plant, at
the meeting of the sewer committee
and the bond commission Friday after-
noon.
Councilman Aldlne Chambers Is very
much In fuvor of purchasing 250 acres
of land on Intrenchment creek for 615,-
000 that would give a right-of-way to
the disposal plant from Constitution,
and also provide sufficient room for the
other Improvement*.
Cheeter A. Dady contracted to secure
the right-of-way when he took the
contract for building the disposal plant.
F. A. Quintan, of the bund commission,
favors turning the matter over to Mr.
Dady, council having taken charge
some months ago In an effort to aid Mr.
Dady.
Mr. Chambers says a crematory Ehd
reduction plant could be built there If
the additional land were secured, and
that there would also be ample room
for the atoclude. Besides the South
ern railway, the new Atlanta and Caro
lina railroad will paaa within half a
mile of th* properly, giving two lines
of transportation to and from the city.
Also at the meeting Friday afternoon
the Municipal and Construction Com
pany. of Chattanooga, will ask for an
extension of time for building the
Proctor creek disposal plant. The work
has been delayed because the con
tractors could not get sufficient stone.
But the proposition of getting a
right-of-way to Intrenchment creek la
one of the most Important now before
the city officials, and Councilman
Chambers' project to purchase more
land and build the garbage disposal
plant and a new stockade there add
greatly to the significance of whatever
action may be taken.
T. W. Adams Is Not Acceptable
for Jury Service in James B.
McNamara’s Trial.
DEFENDANT IS INTERESTED
Darrow Follows Line of Ques
tioning Used by Prosecution
in Resisting Challenge.
Judge Bordwell's Court Room, Hell of
Records, Loe Angeles, Oot. 20.—When
court opened today In the trial of James
B. McNamara. Deputy District Attorney
G. Ray. Horton challenged Talesman T.
W. Adams, a Socialist, for Implied and
actual blaa The challenge waa baaed
on the ground, first, that Adams had
expressed a feeling against capital pun
ishment The actual blaa. It waa con
tended. was shown In tho talesman's
statements that he hod an opinion that
The Times building had been destroyed
by ga* and that It would not be re
moved by circumstantial evidence.
Attorney Clarence Darrow then took
up the questioning of Adama
McNamara, who has evidently been
worried by the long technical examina
tion, took renewed interest In the case
when th* state Interposed Its flrat chal
lenge for bias on debatable grounds.
“Did you form your opinions from
newspaper reading and from common
report and notoriety?"
Darrow began following the line of
questions asked by the state In resisting
the challenges of the defense.
Adams said he had formed hla opin
ion on such grounds.
"Have you ever talked with any one
who knew the facts In this case or madu
any personal Investigation?"
"No, sir; I never have."
Gas Explosion Opinion.
Darrow's next question related to tho
talesman’s opinion that a gas explosion
destroyed tho building. He asked him
If this waa ao fixed that It could not be
removed by evidence. Adams said It
was not.
Then th# questions shifted to circum
stantial evidence. The talesman ha.1
asserted'he did not believe circumstan
tial evidence would remove hla opinion
aa to gas. He waa asked what circum
stantial evidence waa. Finally he eald
he did not believe circumstantial evi
dence was strong enough to remove It.
"Would circumstantial evidence suffi
ciently strong convince you of any
ct?" Darrow Inquired.
"No, sir," was the reply, “not circum
stantial evidence alone/'
Six Indictments were returned by th
Federal grand Jury Friday against K,
The , K , .. ■■ ... F«Wl*. Ernest O. Helm. W N. Smith
the state and the cnee was token under 2 n<, .P uy *pn8V^m5sr«Mj!fflm'5iin!5upt
NOT GUILTY
Photo by Mathewson.
This old residence, at the southwest corner of Forsyth and Luekje-ats.,
on part of tho site for the proposed new skyscraper hotel planned for At
lanta, is being demolished as a preliminary step toward the permanent im
provement. The material from this structure will be utilized in the erec
tion of some small stores on residence property on the opposite side of For
ay th -it.
Purvis, Heim, W. N. Smith, and
Guy King Must Face Uncle
Sam’s Court.
HEIM IS STILL IN TOWER
Using Mails in Scheme to De
fraud Is What Government
•' Charges.
IS PRESIDENT TAFT
Governor Carey Says There’s
Stronger Sentiment for Him
Than Three Weeks Ago.
SHERIDAN IN GALA ATTIRE
Five Weeks Ago Start on His
13,000-Mile Trip Was Be
gun—Ten Days to Go.
Dr. Anna Howard Shaw Pre
dicts That Next Year Will
Be One of Success.
Louisville, Ky„ Oct, 20.—That the next
year will see greater victories for equal
suffrage than have yet been recorded waa
the prediction made by Dr. Anna Howard
8haw. president of the National Suf
frage convention, at the morning meeting
today. Dr. Shaw declared the achieve
ment of the past eighteen months sur
passed those of any previous period In
the history of the association and re
ferred enthusiastically to the victories In
Washington and California.
Fully 40* delegates were present when
the convention was called to order. Th*
attendance Is the beet that has evei been
known at a convention.
A proposed change In the constitution
to make the minimum membership of a
state association 500 waa brought before
the convention.
vas. taken
advisement by Judge Bdrdwell. Tho
decision, it la expected, will be handed
down with those In the three challenges
of the defense. ,
Yesterday afternoon the state began
the examination of Adame, who was
passed by the defense.
When Horton, for the state, began hi*
testlonlng, Adama answered very cau-
>usly. It was Just before the close last
night'when an admission waa wrung
from him that he did not believe In cir
cumstantial evidence, that the state
succeeded In laying any foundation for
a challenge for cause.
McIntosh Is Challtngtd.
Following Adams' examination this
morning the state took up the examine,
tlon of A. R. McIntosh.
Attorney Horton continued the ques
tioning after a few perfunctory ques
tions a* to McIntosh's residence and
business. He asked: “Didn't you say
that if you were on the jury you
couldn’t give th* state quite as fair a
deal as you would the defendant?"
The question brought forth an objec.
tlon from Darrow that was sustained,
and Horton then read an anawer that
indicated that he could not give th*
•tate a fair trial.
Judge Bordwell himself objected to
the reading of a single answer picked
out of the record.
He was asked to go back and read
more of the record. When It waa com-
f ileted Horton asked If McIntosh could
mpose the death penalty. He replied
that he could not on circumstantial ev
Idence.
Horton challenged McIntosh and th*
defense objected.
Darrow Takes Talesman.
Darrow then began the examination
of McIntosh.
The first question of Darrow related
to circumstantial evidence. The state
objected to the line of questioning. The
examination waa allowed to proceed,
however. Finally Darrow asked:
"Circumstantial evidence could be so
strong as to prove a fact?”
"Yes, sir.”
“It would take strong, direct evi
dence to cause you tig convict In tbte
ca*e, would it not?”
Yee.' r
And
■tantlal
Ye*."
But you could imagine circumstan
tial evidence strong enough to remove
any reasonable doubt In your mind?"
■•Yee, Mr.”
Finally the witness said he could set
aside any prejudice against circum
stantial evidence and he would not re
fuse to consider it In connection with
the other evidence.
The talesman waa then turned over
to Attorney Horton once more, who
Southern Loan and Trust Company.
Pending trial, the bonds of the men
will not be Increased. Helm, who woe
unable to give bond when arrested, la
•till in Jail, while the others are out on
bond..
The flrat Indictment Is against Purvis
and Helm and contains two counts, the
first with having used the mall* to send
Allen Weaver, of Luverne, Ala., data
concerning a lottery and a similar
scheme offering prize*, dependent In
part on lot and ohance; In the second
count Purvle and Helm are charged
with having commltfed the same of
fense In sending a similar letter to R.
\V. Black, of the same place.
The second indictment, which charge*
Purvis, Helm and King with the same
offense, contain* two counts. Letter*
concerning a lottery are said to have
been sent Thomas Gilbert, of Macon,
and W. A. Jones, of Blue Springe,
Miss.
Three counts ere contained in the
third indictment, which charges W. N.
Smith and R. Purvle with having com
mitted the same offense aa set forth in
the first and second Indictment. Two
letters are alleged to have been sent to
A. J. McOahee, of Dearlng, Ga., and one
to G. W. Trammell, of Altmore, Ala.
“A Scheme to Defraud."
In the fourth indictment W. N. Smith
and R. Purvle are charged with having
devleed a scheme to defraud D. W.
Sanderson and others out of sums rang
ing from >75 and upward by means of
the United States postofflee. It Is al
leged in this bill that the accused
made claims thru the mailt that the
Southern Loan and Trust Company
waa capitalised at 6500,000, and that the
company owned funds with which to
make good all payments and loans.
This, It waa found, was false. The
company had no capital stock, accord
ing to the indictment, and had no fund
8Htridan, Wyo., Oct. 20.—President
Toft swung beck Into Wyoming today
on the tong trip 6ack East from hi*
"■swing around the circle.” He found
Sheridan gaily decorated In his honor
and th* school children having half
holiday so they could Join In the wel
come to him. Sheridan closed up It*
stores while the president was In town
and everybody, it seemed, turned out to
•ee the president. Mr. Taft was met at
the train by Governor Carey, a pro
gressive, who stands with Taft in his
light for re-election. The governor told
the president that since his visit tu
Wyoming three weeks ago there hail
been a stronger sentiment for him than
before.
"The people believe that you are try
ing to give them adequate tariff legis
lation and they are willing to await
your recommendation to congress,”
quoth the governor.
This pleased Mr. Toft, who replied:
‘‘I am glad they bsllevs what I told
them.”
It Is five weeks ago today that Presi
dent Taft started out from Boston on
his 16,000-mlle trip and he has ten days
of tho 46 to go before going to Hot
Springs to rest. Mr. Taft Is not as tired
as he was before he atruck the Pacific
egast last week. Hi* stay in California
appears to Jiave put new life In him. "I
am feeling, fine,”- exclaimed the presi
dent as he stepped from the train this
morning to take an automobile trip to
Fort'McKensle.
SAVES JIGARNER
Jury’s Verdict Returned at 2:30
O’clock Friday After Short
Deliberation.
APPLAUSE FROM AUDIENCE
for the payment of loans, etc. The only
money the company had. It Is alleged in
the Indictment, was the revenue re
ceived monthly from customers.
A second count In this bill chargee
Smith and Purvis with having defraud,
ed W. C. Partridge of 660 thru the same
means.
The fifth Indictment charges R. Pur.
vis and Ernest Helm with having de
frauded the American Hosiery mills ef
Continued on Last Pegs.
CAME FROM JACKSONVILLE
TO SEE GEORGIAN’S DETAIL
th«
for Marttn*8enour Company, of New
York, came to Atlanta from Jackson-
10 Aiwnwj 6IWIMHI ««*-«> swvav. whw vllle, Fla., last Wed need ay J'®*’.
again sought to bring out the feeling po*« of seeing the world eerie* game
• ■ --*■*— shown on The Georgian * score board.
He spent Wednesday and Thursday In
the city, and had to leave Thursday
night, thoroughly disgusted at the rain
which kept the GlanU and Athletics
from battling while he waa here.
Mr. Schunk told 8. L. Bhorer. man
ager of the Georgia Paint and Glass
Company, that he traveled all over the
country, making the big cities from
Jacksonville to Los Angeles, and that
he had never seen any score board aa
complete •• th* one on which The
Georgian details the games.
He saw several Southern league
games given In detail last summer
while here on business, and aa soon as
he learned that The Georgian would
give the championship games in the
same way he postponed a trip West and
came to Atlanta In order to be able to
get the results of each play a few min
utes after It happened a thousand
miles away.
Altho now traveling for a New York
against circumstantial evidence
talesman held.
McIntosh repeated that he had a feel,
lng against circumstantial evidence.
"If the only evidence before you were
circumstantial, you could not. In your
own heart, determine this defendant
guilty?” Horton asked.
"No. sir."
'Then It becomes a matter of con
scientious scruple, does It not?”
-No. I don't think so."
Darrow then once more asked about
the point, the court permitting him to
do so on the ground that the talesman
had answered both ways.
Again McIntosh said he would con
vict If the circumstantial evidence were
strong enough to convince him be
yond a "reasonable doubt.”
•'I think I will Interpoae a few ques
tion#.” Interjected Judge Bold well.
"Would you entertain a reasonable
doubt, no matter how strong th* evl-
Continued on Lett Pegs.
Schunk of Philadelphia Says This Paper’s Scoreboard Beats a
Bleacher Seat on the Grounds—Best I’ve Seen Anywhere
in the Country, Says Red Hot Fan.
W C. Schunk, a traveling salesman concern, Mr. Schunk Is one.of the most
" "— ardent of Confcle Mack’s supporters. He
knows nearly every player on the team
by name, and would go any distance to
•ee them play If It were possible. He
said while in Atlanta that he could not
go up North this year to watch the big
battles, and so he came here now on his
business trip. Instead of making this
territory a month later as his schedule
called for. —
"I tell you, that's the beet and most
complete scoreboard I have ever seen,”
he said In rfgard to The Georgian's
method of showing Atlanta people the
details of the game. Why, it's Just like
being there and watching the fellows
play. I wouldn't miss being here when
they are playing for anything, If I
couldn't be on the Held, and I'd rather
be here than pinched back In a aeat nut
in center field about a half a mile from
the home plate.”
Thursday night bulletins from Phil
adelphia stated that rain would keep
the teams Idle Friday, and aa Mr.
Schunk could not remain over until
Saturday he went out on his regular
trip, very much disappointed over mlaa-
■ng "seeing" the games.
Trial Which Occupied Two
Days Was Full of Human
Interest.
“Not guilty," declared the Jury Fri
day afternoon in Judge Roan's court
which was trying J. F. Garner for the
murder df J. T. Smith, mors then n
month ago. The case had consumed two
days and tho jury waa not out half an
hour.
Tho verdict waa a decisive victory
for the "unwritten law." It was admit
ted that Garner walked over to Smith
and shot him down in the presence of
hi* wife and child. Garner’s only de
fense was that Smith has ruined the
Garner home, ana when Mrs. Garner
confessed hs deliberately went out with
hi* revolver and killed the guilty man.
The verdict wee received with ap
plause, which the court quickly quailed,
and Garner wss congratulated on all
•idea as hs walked out of the prisoner’s
dook—a free man.
Solicitor General Hugh M. Dorsey and
J. D. Kilpatrick, for the defense, closed
their arguments before noon Friday,
and Judge L. S. Roan began hla charge
to the jury, which occupied about 30
minute* to deliver, immediately after
th* court resumed for the afternoon
session.
Friday morning Garner’s mother aat
beside him while the lawyers argued for
hla life and liberty.
4 manslaughter verdict is the best
the state hopes for, while the defense is
confident of acquittal.
.' masterly argument for the en
forcement of the law, not only in Geor
gia. but in the South, Solicitor General
Hugh M. Dorsey, dramatically said that
false standard held away In Dixie,
where men were taking the law Into
their own hands and dealing out death
to other men. He urged the Jury to
•top this sort of thing.
He said that the women of the South
maintained their virtue by reason of
Innate goodness, In spite of men. not
from the protection of the men. And
that If Smith had ruined Mrs, Garner It
would have been an oltenae tor which A
jury would have hanged him.
“Garner instead of having the law
avenge his wrongs, took tho law Into
hla own hands und wreak'd murder,”
said Mr. Dorsey. Two wrongs never
make a right, he argued, in saying that
Smith's act. If true, and Garner's act.
were both wrong, and he begged tho
Jury not to add a third wrong by free
ing the man.
During the argument of the solicitor
general the different degrees of killing
were mentioned. When It was put up
to Judge Roan, he said that if the facts
of debauchery were told to Garner an. I
he had brooded over them for a time
and made up hla mind to kill Smith It
would be murder. t
That If he had suddenly become ac
quainted with the fact, and met Smith
Immediately after and on an impulse
killed him, It would be manslaughter.
That If when he met Smith, the former
reached for hla gun flrat and Garner
then killed him, it was Justlliable.
A Plea for Acquittal.
Kilpatrick closed for the de
tente In an eloquent plea for the de
fendant's acquittal. He addressed
himself to facte, law. and the situation
aa he said every man would meet it
when he has It pu up to him.
The court room was again crowded
Friday morning when the arguments
of counsel began. Many women were
present and hung intent upon every
word of cousel. Breathless Interest was
exhibited. Women robed In mourning
always appear at the heels of tragedy,
and the somber, ominous black was
conspicuous In the crowded room.
Solicitor General Hugh 51. Dorsey
was at hla .beat, and hla two-hour ar
gument was said to be one of the great
est ever made In an Atlanta murder
case. Aa the people’s representatlvu
of law and order In Fulton county, ho
urged the jury to do Its duty ami put
a ban upon the hot-blooded killings
where a man makes himself Judge, Jury
and executioner.
Opinion of th* public was divided.
Many predicted Gamer would be con- •
vlcted of manslaughter, and as many
were certain that he would be freed by
the Jury. It was agreed to be another
test of the "unwritten law.”
Garner On th* Stand.
Gamer took the stand Thursday aft
ernoon and told a heart-rending story
of the ruin of bis home by Smith,
whom he shot dead when hla wife had
confessed Smith was the guilty man.
He says that when he accosted Smith
the latter made an attempt to draw a
pistol. This wa* controverted by the
state thru Mrs. Smith, Mrs. Camp and
little Mamie Smith.
That Gamer heretofore was a good
man and never In trouble, of high char
acter and a hard worker was establish,
ed by many character witnesses from
Gwinnett county, who knew him from
boyhood.
W. Moore made a powerful ap
peal to thfe Jury for Gamer.
Burton Cloud, for the prosecution,
argued to the Jury that It had been a
cold-blooded murder, and urged them
to avenge the outraged law.
He was followed by William Smith,
on effective Jury pleader, who urged
the twelve men to free Gamer.