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Sensation Is Sprung in Case.
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Judge Hill Sets a Date for
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Hearing. !
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A motion to set asida the verdict
in the case of Leo M. Frank on the
ground that the Constitution of the
United States was violated in its ren
aition in the absence of the defend
ant was the sensation sprung Thurs
day in the court of Judge Hill
The motion was filed and read by
John Tye, of the law firm of Tye,
Peeples & Jordan. It preceded the
filing of the extraordinary motion for
a new trial which was expected to be
the only formality of the day. The
extraordinary motion for a new trial
was submitted by Reuben R. Arnold,
who said it later would be amended
by the report of Detective W, J.
Burns, who has yet to complete his
investigation. . .
Judge HMill issued a rule nisi or
each motion, and each was made re
turnable next Wednesday. A stay of
execution was issued, and the hang
ing of Frank, set for Friday, thus
was postponed until the motions are
ruled upon
Verdict Attack a Surprise.
The flling of the motion to set
aside the verdict on constitutional
grounds was a complete surprise,
coming at this stage of the case,
I'he entrance of the well-known le
gal firm of Tye, Peeples & Jordan
into active work ¢n behalf of the de
fense was equaily a cause for re
mark
Jhe motion to set aside the verdict
wis explained by the fact that the
law insists that a defendant may not
waive his presence in court at the
rendition of the verdict, nor may his
lawyers for hiin Attorneys Rosser
and Arnold, fearing violence in the
event that Frank was brought Into
court and was acquitted, agreed, on
the suggestion of Judge Roan, to
waive his presence, and did not them
selves appear in court when the ver
dict was returned
Why Other Firm Entered.
Attorneys Rogsser and Arnold, hav
ing waived the presence of their cli
nent, could not consistently have filed
the motion to set aside the verdiet on
the ground of his absence, it was ex
plained, this accounting for the en-
Lrance of the other legal firm into the
case.
The motion, if denied by Judge Hill,
lays the ground for an appeal to the
Supréme Court of Georgia, and from
there to the Supreme Court of the
United States, inasmuch as it is rep
resented that the circumstances of
the trial were in contravention of the
constitutions of both Georgia and
,the United States.
That the statement of Dr, H., F.
Harris that the hair found on the
lathe on the second floor of the pencil
factory was not the hair of Mary
Phagan is to form an important part
of the extraordinary motion for a new
trial was indicated by the submission
to Dr. Harris of a long list of writ
ten questions at the hearing Thurs
day.
The questions had to do with every
aetail of his microscopic examination
of the strands of hair found on the
lathe and the comparison with strands
taken from the head of the murdered
girl.
Detective John Black and A, T.
Stephens, assistant to the Solicitor,
were asked for affidavits relating to
the finding of the hair and its sub
mission to Dr. Harris for examina
tion. Detective Black signed his af
fidavit in the courtroom.
W. M. Smith, lawyer for the negro
Jim Conley, also was asked for an
affidavit. He is reported to have
been present when Dr. Harris told
Solicitor Dorsey that the hair found
on thre second floor of the penci] fac
tory was not that of Mary Phagan,
~ Smith Hits Defense.
The Solicitor is quoted as telling
Dr, Harris to “forget it.” Smith said
Thursday that he did not hear this
reported conversation.
A subpena will be asked by the de
fense for Mary Rich, the negro wom
an who swore in an afidavit that she
saw Jim Conley coming from the rear
of the pencil factory at 2:15 o'clock
the afternoon of the murder, and that
he returned th way he came—a state
ment contradicting Conley, who said
Le left the factory by the front door
at 1:30 o'clock tnat atternoon, and
dld not return until Monday morning.
Sinice making the affidavit, the Rich
woman is rumored to have made i
different aflidavit for the Solicitor or
his agents, which wholly or in part
repudicates her first statement. At
torneys for Frank said that they
wished her in court to find out ex
actly what ranspired on the after
noon of the slaying.
TO WED MAY 8.
WASHINGTON, April 16.—Although
there bas been no formal announcement
from the White House as yet of the date
for the wedding of Secretary McAdoo
and Miss Eleanor Wilson, youngest
daughter of the President and Mrs.
Wilson, friends who are in a position
to krow say Friday, May 8, has been
tentatively selected.
The event is expected to be privare,
Mr. McAdoo's colleagues in the Cabinet
being practically the only guests out
side of the two families.
GOVERNOR STOPS RACING.
TULSA, OKLA., Aypril 16.—Racing
*cials here this afternoon called off
e racing meet. This action was
faken after Governor Cruce had re
fused them permission to conduct the
faces, alleging that the State anti
betting laws were being violated.
THE GEORGIAN'S NEWS BRI KIS,
DEFENSE IN DUNBAR
~ KIDNAPING TRIAL HIT
054 ;\11:{;1,‘:|'I<l hu/\ Al((chll‘:ilVI“)/ : ln hu{hv ‘I’{O;””“lmh"”’;]d
Bruce Anderson. Two women claim him as their lost child, W. C.
Walters, a tinker, is being tried as his kidnaper.
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All Louisiana Stirred by Remark
able Mystery as Walters
Battles for Life.
OPELOUSAS, LA., April 16.—Sev
erial witnesses testified to-day in the
trial of William (. Walters, stove
tinker, charged with kignaping Bob
bie Dunbar, 5-year-old son of C. P.
Dunbar, in August, 1912, backing up
identification by offering the parents
proof that the child found with Wal
ters is Bobbie Dunbar and not Bruce
Anderson,
Paut Mizzi, who was fishing at
lLake Swayze when the boy disap
peared and was the last man to see
the lad, declared he called the boy
back to camp, and was defied by the
child's reply.
Dr. 8. H. Anderson, of Hub, Miss,
who was with Dunbar whenr Dunbar
identified the boy held by Walters,
testified that immediate fdentifica
tion was made, but that threats on
the streets of the town caused Mrs,
Dunbar to delay her announcement.
He said this was the only reason she
hesitated about the identification.
John Oge, a member of the fishing
party at Swayvze Lake, testified that
the boy slipped away as the party
was about to eat dinner. The party
fired 200 charges of dvnamite in the
lake and turned over every water lily
in the search, he said, and later the
little fellow's sandals were found
near the raiiroad tracks. Upon ar
rival at Opelouses, he said, he imme
diately recognized the lad taken from
Walters as Bobbie Dunbar,
Father Identifies Lad.
C. P. Dunbar, the boy's father, tes
tifled as to his disappéarance, his
search, and finding the boy in the
possession of Walters at- Hub, Miss,
in Awpril, 1913. He declared he in
structed his wife not to identify the
boy immediately because of feeling
against Walters, although He knew
the child immediately.
Miss Kate Coatlins, of Poplarville,
Nine Drown on Shi
Rock Driven i Gpl
SEABRIGHT, N. J, April 16.—
While the crews of two life-saving
jsxatiuns struggled vainly to save
‘them, nine members of the crew of
the schooner Beck'ey, of Jacksonville,
'Fla, which was driven ashore
early to-day. The only member of
the schooner's crew to be saved is
John Martinson, who was taken to
the Monmouth Memorial Hospital in
a delirious condition.
Members of the crew iashed them
selves to the rigging while the life
savers tried to launch Yoats. The
rigging was carried away before help
could be given.
Among the drowned were the cap
tain and his wife.
Miss., a defense witness, has arrived
here. She is expected to testifye.that
Walters, at Poplarville, took Bokbie
in exchange for Bruce Anderson, son
of Julia Anderson, who claims the
boy held by Dunbar is her child.
The defense was beaten in the
first clash in the battle that prom
ises to mark the most complicated
case in the history of the State, when
H. L. Linder, the aleged “double” of
Walters, whom the defense claims
the Dunbar boy confused with the
dgefendant, aj peared as a witness,
~The defense claims that Linder was
in the vicinity of Opelousas at the
time that Walters is supposed to
have stolen the child, and that the re
semblance between the two men
caused a confusion of identity. The
defense asked for a continuance on
the ground that Linder could not be
located, but deputy sheriffs found
him near Richland, La., and serveé
him with a subpena.
Case Excites Interest.
The case, with its mass of conflict
ing testimony, has excited more in
terest than any legal proceedings
héard in Louisiana in recent years.
The State, it is understood, will en
deavor to prove that Walters, who is
an itinerant tinker, was in Opelou
sas at the time of the disappearance
of the Dunbar boy, and that he had
pno child with him at the time,
The State will also endeavor to
prove that when he left the town he
took with him a child who answered
the description of Bobbie Dunbar,
and that the boy found with Walters
in Hub, Miss., a vear later is the
Dunbar boy.
Walters, however, claims that he
was not in Opelousas at the time of
the disappearance of the Dunbar boy,
and that the boy the Dunbars claim
is their son is in reality Bruce An
derson, a son of his sister, Julia An
derson. He will have more than a
score of witnesses to testify that the
child is Bruce Anderson, and that he
was given the boy by his sister.
Door Locked, Couple
Wed on Church Steps
BLOOMINGTON, ILL., April 16.—Un
able to locate the janitor to open the
church, James Hardy, of Peoria, and
Miss Sarah Hartle, of Canton, were
married to-day standing on’ the church
steps, while curious crowds witnessed
the ceremony.
WOMEN BURN MANSION.,
LONDONDERRY, IRELAND, April 16,
—Suffrage incendiaries burned a large
untenanted mansion near here to-day,
causing $25,000 loss. Cards bearing a
bitter denunciation of Sid Edward Car
son, leader of the Ulster Unionists, were
found upon the grounds.
The Irish suffragists are angry be
cause Sir Edward did not pursue his
campaign to cause the downfall of the
Asquith cabipef. :
————
' ' '
Bullet Misses Mitchel and Strikes
Corporation Counsel Polk, In
flicting Wound in the Jaw.
NEW YORK, April 17.—An attempt
was made this afternoon to assasi
nate Mayor John Purroy Mitchel as
he was entering an automobile in
front of the City Hall. One shot was
fired at the Mayor by a man who
had apparently been waiting upon
the sidewalk.
The bullet missed the city execu
tive and struck Corporation Counsel
Frank Lyon Polk in the jaw, inflict
ing a bad wound.
The assailant was at once arrested,
He said after some questioning that
his name was Joseph Saloschein.
Accompanied by Mr. Polk and Ar
thur H. Wood, the newly appointed
Police Commissioner. Mr. Mitchel
was just entering the automobile to
go to lunch when the shot was fired.
Mr. Polk was carried to the traffic
police station in the basement of the
City Hall and a doctor summoned.
The Mavor and Police Commission
er Woods helped carry Mr. Polk into
the basement, where he was made as
comfortable as possible.
«» Great Crowds Gather.
The shooting caused tremendous
excitement as Park Row, lower
Broadway and City Hall Park are al
ways thronged with persons going to
or from lunch at that hour.
8o enormous was the crowd that
gathered in a few .mintues in the
park in which the City Hall is sit
uated that police reserves had to be
called out.
“l am not certain whether or not
the man shot at me,” said Mayor
Mitchel immediately after the shoot
ing. At that time ‘the assassin had
not been identified.
The assailant refused to talk. He
appeared to be about 70 years old
and was poorly dressed. Upon his
coat and clothing was the name
“David Rose.”
\ Finally Tells Name.
“I'am not David Rose,” the old man
sullenly declared. Then after a great
deal of persuasion he said:
“My name is Joseph Saloschein.”
“Did you intend to murder Mayor
Mitchel 7" asked the interrogating po
lice officer.
The old man shrugged his shoul
ders,
Later, to friends who called to con
gratulate him upon his escape Mayor
Mitchel said:
“I have come to believe since the
shooting that the man really meant te
kill me.”
Clippings in Pocket.
Pale and agitated, Mayor Mitchel
entered the room where Saloschein
vas being questioned. Inspector Dil
lon searched the man, and found nu
merous clippings relating to Mayor
Mitchel and his efforts to secure
Colonel George W. Goethals for Po
lice Commissioner.
The Mayor did not recognize the
man, but attaches of the City Hall
said that he had been hanging
around the entrance to the Mayor’'s
office yesterday in an effort to get in
to see the city executive.
“Where do you live?” asked Mayor
Mitchel, turning to the prisoner.
“l have no home,” the old man re
plied.
In the meantime a doctor was
working over Polk, After an exam
ination, a physician said the wound
was not so serious as at first thought.
Rambling Letter in Pocket.
After an hour’s vigorous investl
gation, detectives claimed that (he
old man's real name is David Rosze,
despite his denials.
The name “Rose” wag found signed
to the following letter in the prison
er's pocket:
“Mayor Mitchel—We want to in
form you a little bit in regard to the
lawyers for magistrates’ clerks. You
have stated this on February 20 last,
and now you say that you were igno
rant, and how is it that you tell so
many lies for the short time you have
been in office?”
The rambling, meaningless charac
ter of this and other letters and the
man’s queer behavior and wandering
talk led to the conclusion that his
mind is unbalanced.
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