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ATLANTA. j.vi vm popnlarton. YVI hnm^A 15 VO telephone*. .c-r-D m/t!a 11 m* t*f ntfrmda. 15-1 niU*« of atr^t railway. 13.106.000 of l.anklDg capital. The Atlanta Georgian. GKCNtOIA: J.ftno.nno nopulatloa. finonoo.wti cotton crop tn 1*0*. I .Wo tnll«*a of attain rnllroRfl. 4^1 mile* rl*Ttrlr atrerf railway. I**a. 1.Ron,000 «rlnqf»«. 1J08 Factorial . 1.060 I VOL. I. NO. 90. Morning Edition. ATLANTA, GA., FRIDAY, AUGUST 10, 1906. Morning Edition. PRTT 1 ??. In Atlanta TWO rEffTa A j. Oq Traina FIVE CENTS. HEAD OFNA VY OF RUSSIA IS DISGRACED BY MUTINY Admiral Birileff is to be Removed From Office. torch still used BY MAD PEASANTS It Is Rumored That Czar Is to Take His'Family to Finland. By Private Leased Wire. St. Petersburg, Aug. 9—It Is report. »d today that the court of Inquiry, having In hand 'the Investigation of the outbreak at Cronstadt, will recom mend that Admiral Birileff, roaater of marine, be reduced, and that some oth er officer be put In hla place aa head of the navy. Ruipor haa It that Vice Admiral Du- basoff, who waa governor general at Moscow until July It, when he resign ed, on account of bad health, wlll'be the man. He le still suffering from wounds which he received when a bomb waa thrown at him In Moscow on May t. The Novoe Vremya today says that the Grand Duke Nicholas Nlcholae- vltch la to be given supreme command of the army, but without dictatorial powers. A report la being circulated today that the czar has decided to go to the summer camp at Ts.arskoe-Selo on. Saturday. Ho will remain there five days. The yacht Alexnndra Is at Pe- trrhof, having arrived thera last eve ning. This has given rise to the report that the czar and his family are con templating making their long deferred trip to Finland. SPURNED BY WIFE BRANCH KILLS SELF HOKE SMITH MAKES DENIAL, IN TERRIFIC ARRAICNMENT, TO THE DEMPSEY CHARGES BIG BASKET OF ROSES AND STAGE GIRL’S JOKE CAUSED THA W TO KILL Prints Affidavits Show Dempsey Got All Possible. SAYS ALBERT HOWELL WAS BEHIND DEMPSEY Sensational Reply Made to Affidavits Published in The Consti- tion. 00O0O0OO000O0OOOO0OO0<HK^ O O o AS HE NEARED DEATH, O O HE THOUGHT OF CHILD. O O After swallowing the fatal pol- 0 O aon dose and aa he lay upon the 0 O dismal river bank realizing he 0 o would soon enter eternity, Guy T. O O Branch, the young bookkeeper, O O turned hla thoughts to his little O 0 child, now an orphan. O 0 While the deadly poison waa 0 O getting In its work on his system, O 0 the young husband and father 0 O started to write a letter to hla 0 O parents, telling them he had de- 0 O termlned to end his troubles in O O death. O Bidding hla parents an affec- J O tlonate farewell, young Branch 0 O urged them to kiss his child for P O him. • • tj 0 This letter was never finished. 0 O Before concluding It. .the young 0 O man became unconscious. The un- O 0 finished letter dropped by his 0 o side, where It was later round. 0 O0O0O00OO00O00O00O00OOO000 Despondent because of family trou bles, Guy T. Branch, 22 years of age, a bookkeeper In the office of Louis J. Anderson, broker In the Prudential building, Wednesday afternoon sought a secluded spot on the Cobb county bank of the Chattahoochee river, op posite the water-works, and swallowed an overdose of morphine. He was discovered late Ip the after noon In an unconscious condition by some fishermen, who heard him groan ing, and he waa brought Into the city and taken to the Grady hospital, where he died Thursday morning at 7 o'clock. Branch waa separated from hla young wife, who raealdee with “an elder sla ter. Mrs. O. O. Butler, 7* Central place, and Wednesday had Just received a letter from her rejecting a plea of the husband to her to go back to him and •«e Atlanta. Aftey reading this'let ter Branch determined to end hla trou bles in death. Branch made another attempt to end ?» Hf» * year ago last January by taking poison. He was discovered In time, however. In the office of Louis "■ Anderson, and was saved by the hospital physicians. This attempt fol- lowed Branch’s ejectment by his fath er-in-law, J, c. Brewer, from the let ters home at the time Mrs. Brewet was on her death had. The father-in-law, Mr. Brewer, who resides at Lakewood Heights, was seen Thursday at tha home of Mrs. Butler, *n Central place, and talked freely con cerning his dead eon-ln-law. He de clared Branch waa a “dope fiend,” and had given his wife much trouble. "My daughter had done everything In her power to get along with Branch, but he abused and worried her until she couldn’t stend it any longer. And this Is why she would not consent to leave our protection and try and live with him again." “Conduct Unbearable." Mr. Brewer stated that Branch’a conduct became so unbearable more than a year and a half ago that hta wife quit him and entered suit for divorce. On the promise of the young man. however, to reform, the divorce proceedings were withdrawn and the couple went back together. It was hnly a short time. Mr. Brewer stated, until Branch again began to use "dope" and misbehave. Mr. Brewer said that at the time hie wife was dying Branch came to hie home under the Influence of drug and that he ejected him. Branch and hla wife and little child have been residing of late at the home of Mrs. Butler, and on Monday of this week the husband waa ejected from there by Mrs. Butler. Tuesday Mrs. Branch Is said to have received a let ter from Branch begging her to go back to him and leave Atlanta with him. The elder sister and father, how ever, advised against this, and a letter of refusal was sent to the husband. Th» next thing heard of him by his wife and her people was that Hon. Hoke Smith Issued a statement Thursday to the press, concerning the charges Insinuated agalnat him by Al bert Ht^well concerning Mr. Bmlth'i. handling of a ault brought for 18,000 damagea agalnat the Western and At lantlc Railway In behalf of a D. Dempsey, of 201 Foundry street. He said: "If Albert Howell or I will swear that I, or my firm, at any time, received an offer of settlement in Dempsey’s case of 12,800, or of aii other sum greater than 72,500; r "Or that In agreeing to the ofTer of settlement the Company waa under taking to pay Dempsey 73,500; "Or that I used th* Dempsey case to Increase, my fee In the two other cases —as Albert Howell Insinuates ‘lii The Constitution this morning— In the two other cases—ns Albert How ell insinuates in The Constitution this morning— ’i will Indict him for false swearing till Grady hospital—a suicide. and I Will put stripes on his back and shackles around his legs as a common felon in the atate penitentiary." Mr. Smith said the affidavits were made by Albert Howel, Introducing hla charge aa follows: ■‘ ln . Sunday mornings Constitution Mr. Albert Howell practically charged that I had represented S, D. Dempsey In a case against the Western and At- lantlc Railroad Comigtny; that I had ■attied the Dempsey case with the rail road company for 22,500; that I had kept 21,000 of the money and had set tled with Dempsey upon the basis of only having collected 22.500 from tha railroad company. "Yeaterday afternoon I anawered that statement and showed that it waa Wee. and that 1 had only collected 72,500 from the railroad company. "This morning Mr. Albert Howell makes a second publication In which he abandons hla statement of Sunday and charges, In aubatance, that I set tled Dempsey's case with two negro' cases; that I could have obtained 22,- 500 for Dempsey, but Instead of doing so I took 22,500 and Increased the amount which waa paid to the negro cases. He furthermore states that this was due to the fact that I had a larger fee In the negro cases than In Demp sey's rase. "The atatementa of Mr. Howell this morning are abaolutely false. ‘The affidavit which he used on Sun day from 8. D. Dempsey was swom to last November. It waa made at the Instance of Mr. Albert Howell. "I never heard a complaint from Dempsey until hla letter of January 12, 1201, nearly two months after Mr. Albert Howell had obtained from him the affidavit. "At the time Dempsey's case was settled with the Western and Atlantic Railroad Company, two other cases were alio settled; one the rase of Mrs. Blanch Powell: the other the case of Sam Ferrell. Mrs. Powell re ceived 72,250; Sam Ferrell ’ received 2200. Mrs. Powell le a respected white women and Sam Ferrell le a white boy. "My contract with each of the three was for one-third of the amount col lected In case eults were brought. Suits were brought In all three of the cases. I voluntarily reduced my fee In the case tot Dempeey, end In the case of Mrs. Powell to 25 per cent. "Mr. John L. Tye, attorney for the Western and Atlantic Railroad Compa ny, conducted the negotiations and made the settlements. "We never received an offer of over 22,000 In the Dempeey case, but we finally Induced them to agree to pay 22,500. » "Mr. Howell has asked that I print the correspondence with Dempeey and the original contract I had with him. I do so that the public may see the ex. act facta and fully appreciate the mo. tlvee which Inspire Mr. Howell's con duct. 'The affidavit* of Mr. J. J. Hastings and the letter of Mr. F. M. Hughes apeak for themselves." A copy of the Dempsey contract fol lows: , "Georgia, Fulton County—I hertby employ Hoke Smith and H. C. Peeples to represent me In suit against the Western and Atlantic Railroad Com pany for Injuries received by me on September 22, 1142, and agree to pay them 20 per cent of any amount they may recover by settlement, or one- thtrdofany amount they may recover after suit Is brought. (Signed) "8. D. DEMPSEY." A copy of Dempsey's letter to Mr. Smith follows: "Atlanta. Ga. January 12, 1102. "Mr. Hoke Smith. Atlanta, Ga. -niswtieanu "My Deal Mr. S -it) You will ra ws s dead at I member that I gave you my on account of getting hurt In Septem ber, 1202. You settled the case for me In the following sutnmer for 22.500, and after taking out the money you had advanced to me at the time I gave you the case and afterwards, you paid me balance, amounting Jl.419.15. I have Just heard that the railroad of. fered to pay 22,500 to aettle my case, and that you refused to make the set tlement unless the company would at the same time aettle two others cases with you, but with which I had no connection qt any kind. Will you please let ma know by return mall If there Is any truth In the statement that the attnrneya for the railroad com pany did offer you 22,200 to aettle my case, and If It could have been settled for that amount at any time. Waa there any other of your cases settled at the same time mine was? And If so, I would like to know who they were. Please let me hear from you right BYIHESEHATE Wheatley Substitute Killed By Vote of 29 to 14. BOYKIN BILL WINS AFTER HARD FIGHT Only Three Dissenting Votes Aro Registered Against Winning Measure. The Boykin bucket shop hill passed the senate Thursday afternoon, with only three dissenting voles, after the Wheatley substitute had been killed 1) to 14. P| JiP The senate flret voted on 'the Wheat away, because I don’t tike to believe P*Y substitute, the vote standing as fol that you would be willing to make me take the eettlement at 21,000 leas than the company was willing to pay. Ad dress me at 201 Foundry street, and oblige. Yours truly, - (Signed) "S. D. DEMPSEY." A copy of Dempsey's second letter follows: Atlahta, Ga., January 20,1202. "Hon. Hoke Smith, Atlanta, Ga. "Dear Mr. Smith: I wrote you January 12 In regard to settlement of my claim against N., C. and St. L railway, and to my surprise have re ceived no reply. Please let me hear from you by return mall In regard It, as I am very much worried. "Yours truly, (Signed) "S. D. DEMPSEY. "201 Foundry Street, Atlanta, Ga.' "Mr. S. D. Dempsey, 201 Foundry Street, Atlanta, Ga. •‘Dear Sir: 1 have juit returned the city from southwest Georgia, received your first letter before I left, bill under the pressure. I did not have an. opportunity to nnswrr It. settlement of your cose waa na gntlated by Mr. Jack Hastings and iny self. 1. never heard of un offer of t. dollar more than rhe amount I got for you. I am sure that your Information must bo entirely without foundation. It Is after 7 o'clock, and Mr. Hastings hns gone homo for the night, I leave again tomorrow to be gono for a week. When I get back I will take up the matter again and let you hear from mo fur ther. - Yours very truly. (Signed) "HOKE SMITH. Mr. Hosting's letter to Dempsey fol lows: "January 26, 1208. "Mr. S. D. Dempsey, 201 Foundry Street, Atlanta, Ga. "Dear Sir: I negotiated the settle ment In your case with Mr. Tye. Who. ever to|4 you that I was offered 71,600 In your case has misinformed you. You no doubt remember that during the negotiations you said you were willing tn settle the case for 21.600, and at that time the railroad company re fused to pay me more than 22,000 In your case. You were told of every step n the negotiations and followed It aa close as I did, and I have no doubt that could recall It all to your mind If you will call and see about It. Very truly yours, (Signed) "J. J. HASTINGS.' To this statement was appended card from Attorney F. M. Hughes, who said that he had been approached by the mother of Dempsey, who had told him that she understood 22,609 could have been got from the railroad, when only 22.540 was secured by Mr. Smith. He says further that he went to Mr. Smith's office to Investigate and later saw John L. Tye, all of which Inves tigation caused him to tell Mrs. Demp sey that 72,100 was all that could have been secured. Mr. Hughes further Belt forth In hie statement that he was recently In formed by Mrs. Dempeey that Mr. Howell had several times sent for her and had assured her that 72,600 had been collected. An affidavit from J. J. Hastings Is added, as follows: "State of Georgia, County of Fulton— Personally appeared J. J. Hastings, who, on oath, says that In 1202 he against the N- C. and St. L. railway, was connected with the firm of Hoke Smith A H. C. Peeples. "Deponent negotiated the eettlement of the case of 8. D. Dempsey against the Western and Atlantic Railroad Company, or the N., C. A St. L. Rail road Company. "At no time we* deponent offered, by the representative of the' railroad com pany, more than 22,000 to settle the ease of B. D. Dempsev, until finally an agreement was reached that tha rail road company should pay 22,600. "No negro cases were settled at the time that the case of B. D. Dempeey was settled. • 'The only two. other cases settled were the cases of Mrs. Blanch Powell for 22.250 and Sam Ferrell for 2200. "There never was an Intimation from the attorney of the railroad company that a larger sum than 22,200 could be obtained for 8. D. Dempeey; on the contrary, the first offer of the railroad company was very much less, and It was-only after continued negotiations that I was able to obtain from them a settlement at 72,200. Dempsey was anxious to set tle when the offer of 21.200 was mad* by the railroad company, but I Instat ed that he waa entitled to more, and that If he would give me time I would get more. "I first Intended to charge Dempeey one-third of the settlement, according to the contract. He saw Mr. Hoks Smith and Mr. Smith agreed to reduce the fee to 26 per cent. Having reduced Dempsey's fee. to 25 per cent, Mr. Smith told m* to charge Mrs Pnwetl only 26 per cent also, which I did. "J. J. HASTINGS." Swom to and subscribed before me this, August 2, 1208. JOHN W, JONES Notary Public, Fulton county. Georgia. lows: Nays—Adams, Alsnbrnok, Rennet, A. C. lllalock, A. O. Blalock, Bloodworth, Rond, Bunn, Candler, Carlthers, Cars- wsll, Copelnn, Fitzgerald, Fortner, Furr, Grayblll, Hogan, King. Lumsden. Mc Allister, McHenry, Odum, Parker. Phil, lips, Relil, Strange, Walker, Ware. Wil liams—29. Ayss—i'rum. Foster, Foy, Hamby, Hand. Miller, Mills, Peyton, Hose, Steed, Birmans, Westbrook, Wheatley, Wilcox —14. Immediately the vote waa tnksn on the Boykin bill. • An effort waa made to place a >me amendments on It, but Senator A. O. Blalock objected on the ground that no notice had been given. Senator Wheatley who had sent one of hla amendments gracefully admitted the justness of tha claim,and withdrew hla amendment. • On the vote for the Boykin bill It was 38 to 3. Senators Foy, Mills nnd Peyton voting against It, nnd Senators Hamby and Steed.not voting. Tile discussion on the bill continued throughout the session. Senators O. A. Blalock nnd Cnndtcr spoke against the substitute, nnd Senators Steed, Mil ler nnd Crum for It. The 1>IU which pats pH klndtst^WR hucketshopn, exchanges and wlrehounea out of business now goes to the gov ernor for his signature. Throughout the session the rear of the senate chamber and the gallery were crowded with Interested specie tor*. CASHIER RELATES HOW STENSLAND LOOTED BIG BANK Chicago, August 2.—Chief of Police Collins announced at 1:20 o'clock this afternoon that Henry W. Herlng, cash ier of the defunct Milwaukee Avenue State Bank, had surrendered himself and was at that hour belngput througl a sweating process In an effort to lean the whereabout* of President Stens. land. Chicago, Aug. 2.—Henry W, Herlng, cashier of the Milwaukee Avenue State Bank, looted by Paul O. Btensland, of over s million, Is In Chicago. He he* not been out of Chicago since Monday. He says he Intends to give himself up and I* confident that In s short apse* of tlma he can show to the satisfac tion of every one concerned that he had no part In robbing the depositors of the wrecked Institution. i Says He Was a Tool. Mr. Herlng Is Insistent In hla state ment that he had nothing whatever to do with the peculation of the bank fundi. He declares that Stensland's Instructions were such that there was no way on their face of determining that any crooked business was going on; It was only the culmination of a number of suspicious Incidents and the piling of not# upon note to carry on Stensland's real estate operation* that finally mad* him morally certain that thievery waa rampant In the bank. How 8tsnstand Worked. Whenever Btensland needed money to bolster up his operations he worked ss follows, said Mr. Herlng: "Mr. Btensland would come to my desk and say to me: ‘Mr. Herlng, please make out a certain number of notes (the number of which he would give me) for these amounts,' he giving me a memorandum for them. I then made them out and sent them to him In the regular routine of business. Lattr, usually the next day, they were re turned to me duly signed by various people, or at least thty had the alleged fignature* of various people. Mr. Btensland ordered me to place them to the credit of hie personal account and would then draw check* on hla ■per sonal account for the various enter prises which dragged him to rulp. Told of Indebtedness. My suspicions ware aroused some time ago, but 1 made up my mind that It was my duty to say something to Mr. Btensland shout five wseks ago. I handed him a paper containing a list of notes for 2120,000, which I believed should be among the assets of the bank. "This Indebtedness/ I said, is get ting too large, and It ought to be fixed up In some other way, or the bank will be In trouble/ He sat for a moment, and then said: ‘Yes, 1 know; but I have every reason to believe I will have It all (tied up shortly. Don't worry. It will ~ be taken car* of/" E OF II JUDGE Serious Charges Made Against Judge Jno. H. Martin. PETITION BROUGHT BEFORE THE HOUSE Samufel Grder, of Fitzgerald, Charges Abuse of i» Office. f John H. Martin. Judgo of th* *up*- rtor court of the Oconee circuit, la t hr defendant to Impeachment proceeding Hefnre the Qeorirla legielature. a pc- tltlon for hie Impeachment wan pre- •anted to the houee of repre«entntlvp« Thursday afternoon by Hamue! Oreer, of Pltxffrraid. and referrod to a com mittee which will report to the houn* The petitioner aeserte that Judge Martin hae abused hla ofllce In th« »>1.liter "f leriiiln icNtmlnlng orders against the Commercial hotel at Fitz gerald nnd accompanlea hla petition with various exhibit < The petition woe presented by Representative .!<>« Hill Hall, of Bibb county, who moved that It be referred to a committee for Investigation nnd report to the hoiiMe Hpenker Hlaton appointed the follow ing committee to Inveetlgato the chargee: Hall, of Bibb; Wright, of Richmond; Covington, of Colquitt; Adame, of Elbert, nnd Hays, of Ma« -m. Judge Martin reeldee at Hawkins- vllle, (Ul. and has for years been one of the beet-known m*mb*ra of the ■ Joni-gU hr jin< h. Th»* petition for hie Impeachment, which ni? not rand ,j n . til the cloning hour of the morning Kofodon in the bonne, had the effect of a bombuhell among the members, who dlJMMisMcd It In cloak room and corri dor* na they ndjournod. cum CASE MR8. EVELYN NE8BIT THAW. Thla pinure I* from a new photograph of lh>- wife of the slayer of. Stanford While, and Is regarded by her husband aa one of her boat poaea. Anna Held’s Husband Supplies District Attor ney’s Office Wi'h Sensational Story of Motive For Slaying of White. Ily Private Leased Wire. New York,. Aug. 2.—The startling declaration was mad* today that girl's Joke led Harry Thaw to alay Stanford White. The district attorney Is In possession of evidence that White aant a basket of flowers anil a note to Evelyn Nesblt Thaw on the evening of the shooting, abd that the tragedy grew out of this. The facts were communicated to the district attorney Indrectly by Florena Zlegfeld, husband of Anna Held, who la a .theatrical manager. Mr. Zleg feld Is now In Pari*. • "The tragedy occurred Juat before I ■ailed from New York,” he said, "and we discussed U on the trip across. On Ih* ship waa a prominent member of the chorus In one of my productions. Rhe waa an Intimate friend of White. Rhe said ah* and two other membera of the company went to White's studio In Madlaon Square Garden to pay him a farewell visit. Mr. Whit# was not there and an attendant asked them to leave their names. " 'oh/ said on# of the girl*, 'you need only say that Mrs. Harry Thaw called/ and they departed laughing over the Joke. While, the next day, thla girl told me, sent a little note to Mrs. Thaw expressing his regret at his absence at the time of her call, and dispatched a basket of roses to her address. 'The girl believed Thaw saw the roses, the card attached and read the note. She was convinced that White's death waa due to thla Joke.” The girl the theatrical manager re ferred to Is In New York today, (taring returned from Europe at the request of the district attorney. Rhe la to ba a witness at the trial of Thaw. Tha heat had affbeted Thaw In the Tombs, and for th* first time since hla arrest he sent for a physician. The tat ter said he would be all right In a tew days. Husband of Mrs. Lowe, of Atlanta, Sued for Divorce. • GREAT SECRECY IS MAINTAINED If Divorce Is granted First Mrs. Gunton, Strange Status Will Re sult. POPE PIUS IS STRICKEN AT VATICAN CEREMONY By Private Leased Wire. Rome, Italy, Aug. 2.—The pop* was seised with a severe attack of heart weakness today after the fatiguing ceremony In celebration of the third anniversary of hi* coronation. Dr. LapponL the pontiff's physician, was called In and waa able to rellev* tha patient He directed that the pop* must have complete rest. President Roosevelt to Be Awarded Prize For His Efforts For Peace By Private Leased Wire, Washington. Aug. 2.—Theodore Roosevelt, president of the United Htates, will shortly be awarded tb* Nobel peace prize—the greatest to ken of International honor and esteem that It Is possible to receive. President Roosevelt's great achievement In the Portsmouth peace con ference, which resulted In the cessation of hostilities between Russia and Japan, placed him In the logical position at the head of the world's peace makers, and on December Ift a committee of five persons, by the Kwedish government, wlU make the format announcement. New York, August 9.—Tb* the suit brought last January by Ame lin R. Guntnu, against Professor George Gunton. editor of Ounton'a Jlagaslne, for a divorce wnx tried quietly and without any publicity became ' today when the report of former Justice of the Kupreme Court Bookstaver, ae referee, w ,tx submitted to Justice <)le- gerlch. In special term,'Part I, of the supreme court, for bis approval. From the fact that former Judge I'nrker's law firm asked that the ref. eree'e report be confirmed, it taken that the decision of Referee Rooketa- ver la In favor of Mrs. who asserts that she li wife of Professor Gi standing the fact that Mrs. Rebecca Lowe, on February 14, 1904. Mrs. Rebecca l.me Gunton five years president of the liens oration of Women's Clubs. If the report la approved snd rree la Issued to Mrs. Amelia ton, the legal statue of Mrs. Low# Gunton aa a wife will be a curi ous and perplexing one. When she be gun her btilt Itgolnst Mr. Gunton, Mr*. Amelin Gunton at the same time insti tuted a suit against Rebecs Low,. Con- ton for the alleged alienation of her husband's nffetlons. It follows. If the referee holds thet Amelia It. (iutiton Is entitled to an in terlocutory deri'co of divorce against Profeasor Gunton, his marriage to Re becca Lowe Gunton is Invalid, In the opinion of the decree.