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taunt*! VOLUME XII. ATLANTA. GA., TUESDAY, JUNE 3,. 1913. NO. 72. ET DEATH ON FIRST . FLODFMS CLAIM Blood Spots on Second Floor Explained by Fact That Em ployes'Frequently Cut Fin gers—Theory in Detail From apparently tellable authority it was learned Monday that the theory to be advanced in defense of .Leo M. Frank, 'the pencil factory superinteii- dent, who has been indicted for the murder of Mary Phagan, will be that James Conley, the negro sweeper, and he alone, killed the girl and hid her body in the factory basement. Notwithstanding Luther Z. Rosser, chief counsel for Frank, maintains his sphinxlike attitude and declines to dis cuss the theory of the defense, it is understood that the arguments in • Frank’s favor will be based upon the idea that Conley was without assistance •.in the Commission of the crime ana that Frank had no knowledge whatever • of it. The defense will, it is said, take the position that Mary Phagan w T as killed on the first floor of the factory at the • foot of the stairs where the negro ad mits he was in hiding. The suggestion of the girl having been killed on tho second floor, as declared by Conley in his affidavit of confession, wtfl. it Is said, be ridiculed. It will be contended that Conley was in hiding on the first floor from about v 9 o'clock in the morning, most prob ably with the intention of robbing some of the women employes who came for their pay. It will be shown that many of the incidents which thfe pegro swears hap pened while he was secluded among tho boxes by the stairs occurred before Frank went over to Nelson street, and 'therefore, the negro must be tying • when he says that he met the superin tendent at the corner of Nelson ana Forsyth streets and Tollow r ed him back to the factory sometime between 10:3u and 11 o’clock. The several different ..versions of the negro’s story will be cited to show thai he began by lying and only made ad missions that he had knowledge of the crime when he was caught in lies. The claim, will be set up that the negro is very cunning, had a perfect knowledge of the pencil factory and its operations, and has kept thoroughly posted on everything that has been publisher about the murder. This will be urged to substantiate the allegation that he has endeavored to make his “confession” fit the facts so far revealed. ' ' ELEVATOR DIDN’T RUN. r But it will insisted that despite the negro's canning he has made many palpable misstatements of facts. Not only will it be claimed that the negro was in tfie factory in hiding long before Frank went to Nelson street, as is in dicated by certain incidents, described in detail, but it will be contended that contrary to the negro’s statement the elevator did not run on Saturday, April 26. Just how the defense will show this is not known, but that it feels that n can make such a showing and one that will be convincing is admitted by the close friends of Frank. The negro’s statement that he ob tained from the cotton room on the sec ond floor a large piece of gunny sack which he tied about the girl’s .body win be challenged and evidence will be sub mitted to show that on the fatal Sat urday there were no empty gunny sacks in the cotton room, that the oniv sacks there were filled witn cotton and that' these were still in place on the following Monday. To further substantiate this allegation it will be pointed out that the gunny sack which the negro said he tied about the body and which he declares he threw on the trash pile by the boiler along with the girl’s hat and one of her shoes has never been found. The hat and shoe were discovered on this trash pile a short while after the body was found, but there was no gunny sack there. THEORY OF KILLING. The theory of the defense will be, it is said, that after Mary Phagan got her pay envelope she immediately ieft the of fice on the second floor and proceeded down the stairs toward the street; that just as she reached the bottom, the ne gro, who was in hiding and who had seen her swinging a mesh handbag, stepped out from behind the boxes and struck her a blow on the head with a stick. Attention will be called to the fact that the big doors leading to the street were closed, and it was entirely possible for the girl to have been felled without any one outside on the street or anyone up stairs in the office being any the wiser. Having knocked the girl down and ren dered her unconscious, it will be con tended, it is said, that the negro quickly pushed her through the elvator shaft, which was but six or eight feet to his left. Fearing that the girl may have recognized him and apprehending that she was not dead, the negro climbed down the ladder through the cubby hole »nd quickly tore off the hem of her underskirt, w'hich he knotted around her neck, it being the most available instru ment to check any possible outcry; after which he hunted around the basement and found a length of cord, which abounds, in all parts of the factory. Looping this cord around the girl’s neck so that when it was pulled the knot would tighten, the negro dragged her back to the sawdust bin in the rear of the basement, where her. body was found, it will be contended. When he went back to the elevator shaft he found her hat and her purse, it will be argued. He placed the purse in his pocket, took the hat and started back toward the rear of the basement. On the way he picked up one of the girl’s slippers, which had come off while she was being dragged. The hat and the slipper he tossed on the trash pile by the boiler. In the darkness of the elevator shaft he overlooked the parasol, which he had • tossed dowr; with the girl's body. OBJECT OF NOTES. With a view, it is said, to directing suspicion to the other negroes employed In the factory, Conley wrote the two notes found near the body. The tablet paper upon which these were written, it will be asserted, can be found in all parts of the factory. One of them, the yellow order blank book, it will be claimed, belonged to an old discarded se ries and was.-more likely to be on the trash pile than in the office. The suggestion will, it is said, be ad vanced that the negro first wrote the two line note which simply stated: “That long, tall black negro did it by his self.” Conceiving the idea that a THREE NEGROES QUIZZED IN STEVENS FIRE CASE Detectives Put Suspects Through Close Examination in McDonough Mystery In an effort to gain a confession In regard to the McDonough road mystery of last Tuesday night, three negro sus pects who are held at police station charged with the murder of Mrs. Sarah Stevens and he radopted daughter, Nel lie, were put through an examination by the police Monday morning and were later taken to the scene of the crime. The negroes are Walter Wilkes, who formerly worked for the Stevens family; Ernest Maynard, a half-breed negro, who was once in their employ, and Dan Wal ker, another negro. All of these men were arrested Satur day afternoon. They were confined at the police Monday morning and later will be taken to the scene of the crime. The negroes were told the definite charge against them. Detectives quizzed them for several hours in the hope of getting some damaging admission. When the negroes are taken out the McDonough road they will not ne told where they are going. Thus will the ashes of the Stevens home come suddenly to their view. Wade Stevens, son of the dead woman, is still at police station, helping the de tectives in their work. He took part in the examination Monday morning. The officers believe that he can do much to ward making the negroes talk. L. G. Self, a neighbor of the Stevens, who testified at the coroner’s inquest that he thought he saw a white man near the Stevens house Tuesday after noon about 6 o’clock, now has told de tectives that he is not sure whether the man he saw was white or black. AVIATOR ELIES OVER r LOOKOUT MOUNT Johnny Green, Flying Before Veterans, Performs Feat Others Have Failed At CHATANOOGA, Tenn., June 2.—One of the features of the closing day of the Confederate reunion was the flight over Lookout mountain by Johnny Green in his Curtiss Di-plane, the first successful flight over the countain ever made. Several other aviators have attempted the feat but failed on account of treach erous wind currents encountered. Green rose to a height of 6,900 feet, 700 feet above any of his previous records. He was in the air 41 minutes. He encounter ed in the flight over the mountain and Maccasin- bend . valley a wind of thirty- mile velocity. ST, MARYS LUMBER YARDS AND DOCKS EIRE-SWEPT Quick Action Saves Big Mill and Five-Mast Schooner From Flames \ ST. MARYS. Ga., June 2.—Fire which raged from 11:30 o’clock Saturday morning until midnight, swept the lum ber yards and the docks of the Brandon Lumber company here. The mill was saved with the aid of firemen summoned from Fernandina. Damage to a five-mast schooner which was loading whenZJthe docks caught fire, was prevented by quick work in towing it outstream. The loss from the fire cannot be de termined yet'. CHOKES TO DEATH ON A FALSE TOOTH CHICAGO, June 2.—Miss Angelina Schefer choked .to death last night on a false tooth which became loosened when she laughed heartily at a story told by her fiance, Albert Hedofer. She was twenty years old. note directed to the girl’s mother might further lift suspicion from him the negro then wrote the second, in which he referred to the long, tall black negro and the night watchman. When the negro got ready to leave the factory it will be asserted he found that Frank had gone to lunch and had locked the front doors. Then there was nothing left for him to do but pull the staple from the back basement door and make his escape from the factory through it. BLOOD SPOTS EXPLAINED. Little credence will, it is said, be placed by the defense in the alleged blood spots found near the dressing room door in tne metal room on the second floor. It will be argued that these spots may or may not be blood. And to explain them if they are blood it will be shown that several times each week the employes cut their fingers and hands and the wounds frequently bleed on the floor. It will be asserted by witnesses, it is said, that- large quantities of ani lines, and paints resembling blood are used at the factory and that possibly the spots at the dressing room door are nothing more than paint. To further strengthen this idea it will be pointed out that the negro claims to have first found the girl’s body in the little alleyway near the women’s lavatory, some fifty or seventy- five feet from the alleged blood marks, and yet not a sign of blood can be dis covered there, although if the negro’s story is true the body must have lain there for some time. Even admitting the truth of the negro’s statements the defense will, it is claimed, call atten tion to the fact that the body remained at the dressing room door, where the negro says he dropped it, only so long as it required him to rush up to the front and call Frank to help him to the elevator with it. Therefore, it will be insisted if there was to have been any blood on the floor it would most likely have been at the spot where the body first fell and where it lay for so long. Of course the above may not be the complete theory of the defense, but it is understood that the points set out will form the principal portions of the theory. « COL. W. A. HUFF WILL PROBABLY BE GIVEN SENTENCE TUESDAY Judge Grubb Will Confer With Col. Huffs Counsel in At lanta Before Final Decision in the Case (By Associated Press.) MACON, Ga.. June 2.—Colonel W. A. Huff, former mayor of Macon and one time the city’s wealthiest citizen, was today adjudged guilty of contempt of court by Judge W. I. Grubb, of thj Northern district of Alabama, presid ing, in the United States court here, Judge Emory Speer being disqualified. Colonel Huff says: “The verdict is what I expected. At the time I sent Judge Emory Speer those letters last summer I had a vague idea that I was committing contempt of court. However, I was not as fa miliar then as I am now with the law on contempt. I wrote those letters solely and simply for the purpose of telling Judge Speer, man to man, what I thought about him and the way he had handled my bankruptcy case. There was never any intention on my part to bring the judiciary into disrepute. Having been found guilty by a tri bunal which I consider absolutely fair and impartial, I am satised with the decision, and will accept without a mur mur whatever punishment may be meted out to me.” Judge Grubb will confer with Colo nel Huff’s counsel, Attorney General T. S Felder, in Atlanta, tomorrow in re gard to the sentence to be impose^ “Not Here to See Me,” Declares Mr, Felder Attorney General Thomas S. Felder, stated Monday morning that he had received word from Judge W. I. Grubb, of Birmingham, Ala., who presided over the Huff contempt case that he would be in Atlanta Tuesday. Mr. Felder said that Judge Grubb was coming here on other business than conferring with him and that he had In mind no conference regarding the case of Colonel W. A. Huff, of Macon, Ga., in the verdict of contempt ^against Judge 'Emory Speer, of the United States court. Lightning Kills Father Without Harming Babe That Plays in His Lap (Special Dispatch to The Journal.) GAINESVILLE, Ga., June 2.—L. J. Wilder, a well known farmer, was struck dead by lightning* at his home near Daw- sonville, last night. His eighteen-months-old baby, which was playing in his lap at the time, was not hurt. Mr. Wilder was about thirty years old. He leaves his wife and two small children. ONE LIGHTNING STROKE SLAYS MOTHER AND SON Sunday and Saturday Storms Left Trail in Many Sections of Georgia MACON, Ga., June 2.—Mrs. J. G. Thomas and her son, Jesse C. Thomas, Jr., were instantly killed, and four oth er members of the family and a neigh bor’s child injured by a stroke of light ning which struck the Thomas home, two miles north of Jeffersonville, twen ty-five miles from Macon, Saturday aft ernoon at 5:30 o’clock, during a severe electrical storm. The injured are J. C. Thomas, Sr., Elliott Thomas, aged nine years, Louise Thomas, aged twelve, and Morrill Methvin, aged fourteen years. Because of the fact that telephone and telegraph wires were put out of commission by the storm, news of tho tragedy did not/ reach here until yes terday, when a relative came here to secure the services of an undertaker. j THREATENED WITH DEATH Russian Frontier Guards Sent to Kalisz District in Russian Poland (By Associated Press.) ST. PETERSBURG, June 2.-A detach ment of 300 Russian frontier guards was sent today to the district of Kalisz, in Russian Poland, owing to the receipt of dispatches declaring that the Jewish In habitants of the villages there, as well as the Christians having relations with them, had received letters threatening them with death. WOMEN DEMOCRATS’ FIRST BIRTHDAY PARTY (By Associated Press.) WASHINGTON, June 2.—One year old today the Woman’s National Democratic league has planned a “birthday party” for tonight, v at which Mrs. Woodrow Wilson, honorary president of the league, and Mrs. Thomas R. Marshall, honorary vice president, are expected to be present. Members have been planning for days for the celebration. Vice Presi dent Marshall, Speaker Clark, Senator Gore and the Right Rev. Alfred Hard ing, bishop of Washington, are on the program for speeches. THE GREAT AMERICAN HOME GREAT 5COTT ? - •SAY Y0U*l<J MAtf.DoYoO JUST -SCUFF AROIW& AND •SEE Mow FAST You caM WEAR OUT SHOES ? IRMAN OF Georgians Head Educational Committees in Both Houses of Congress Now BY RALPH SMITH. WASHINGTON, June 2.—Selections of Democrats by the ways and means committee for the majorities of the house committees were presented today to the caucus for ratification. On the banking and currency com mittee, which will frame the currency measure, the administration will insist upon Representative Carter Glass, of Virginia, as chairman, and only four other members who were on the com mittee in the last house remain. They are Representatives Korbly, of Indiana; Brown, of West Virginia; Bulkeley, of Ohio, and Neely, of Kan sas. Nine new Democrats get places. Of the new committee on good roads, Representative Shackleford, of Mis souri, is given the chairmanship. HUGHES CHAIRMAN EDUCATION. A free for all contest for the chair manship of the education committee was won by Representative Hughes, of Georgia, Representative Hobson, who could have had the place, preferring to remain on the naval affairs committee. The make-up of the. labor committee is greatly changed. Representative Lew is, of Maryland, succeeded Secretary of Labor Wilson as chairman, Representa tive Maher, of New York, becomes ranking member of the committee and also becomes chairman of the new committee on expenditures in the de partment of labor. This gives the Georgia delegation tho chairmanship of educational commit tees in both houses. Senator Hoke Smith is chairman of senate commit tee on education and labor. " The members of the Georgia delega tion in the house were assigned to the following committees by the ways and means committee, which assignments will be approved by the Democratic <aucus this afternoon: Edwards—Rivers and harbors. Roddenbery—Public buildings, revis ion of laws, expenditures state depart ment. Crisp—Pensions, elections and elec tion president, vice president and rep resentatives in congress. Adams—Interstat^jand foreign com merce, chairman. " Howard—Military affairs. Bartlett—Appropriation. Lee—Agriculture. Tribble—Naval affairs. Bell—Postoffice and post roads. Hardwick—Coinage, weights and measures, chairman; rules. Walker—Foreign relations. Hughes—Education, chairman. The delegation as a whole did not fare as well as it did in the last con gress, although again it has been in creased by the addition of one new member through the creation of an other congressional district. The state has no representation on the ways and means committee, which it enjoyed in the last house. GREEKS AND SERVIANS INST Bulgaria’s Claims Will Be Con tested by New Balkan Alliance EXPERTS STUDY BATTLES OF THE BALKAN WAR WASHINGTON, June 2.—Military ex perts at the army w$tr college have completed their study of the Balkan campaign. Hundreds of reports from all sources were scanned carefully, and the campaign of aggression by the allies together with the defensive tactics of the Turks were scrutinized for mili tary lessons that might prove valuable to the United States. The experts, it was said today, are agreed that in fighting qualities tho troops un the two sides were evenly matched. Turkey, however, fought a losing fight from the beginning, because of her unpreparedness. The Balkan allies, on the other hand, for years hau made careful preparations Tor the strug gle. (By Associated Press.) SALONIKI, June 2.—A report from a cerdible quarter says that a commer cial and political agreement has been reached between the Greeks and Ser vians against the claims of Bulgaria. The Bulgarian commander at Eieu- thera today informed the Greek com mander that the Bulgarian troops would not advance any farther and that the recent movements of the Bulgarian sol diers had not been intended in a hostile spirit. EDITOR FREED FROM CHARGE OF CONTEMPT William R, Nelson Wins Unan imous Decision From Mis souri Supreme Court (By Associated Press.) JEFFERSON CITY, Mo., June 2.— The Missouri supreme court today dis charged William R. Nelson, owner and editor of the Kansas City Star, from contempt of the Jackson county circuit court. The decision of the supreme court was unanimous. The supreme court held the article published in the Star pentemptuous, but ordered Mr. Nelson discharged from contempt solely on the ground that Circcuit Judge Guthrie prepared his opinion the night before the trial for contempt. HEALTH CERTIFICATES FOR MARRIAGE LICENSES (By Associated Press.) WASHINGTON June 2.—Sex hygiene and the enactment of a law compelling prospective bridegrooms in the nation's capital to procure a certificate of healtn before a marriage license could be ob tained, were subjects for discussion to day at a meeting of prominent society women and welfare workers. The meeting was held in the home of Mrs. John Hays Hammond, wife of the min ing engineer. While it was apparent the women were agreed on the compulsory production of the health certificate by the bride grooms, there was a difference of opin ion as to the method of issuing suen a certificate. One group favored the establishment of a medical board in connection with the health department, while others would leave the matter to any reputa ble physician. Dr. Eleanora Folkmar was on the program as the principal speaker, although Mrs. John A. Logan, Mrs. Howard Bell and other prominent women were prepared to advance their views. Further conferences will be held before recommendations are made to congress. IDS Dili TO GET AGIO TEST IN FEDERAL COURTS Anti-Jusr Train Law Will Ulti mately Be Put Up te-Ui S, Supreme Court 10,000 ENTRIES FILED IN BIG CORN CONTEST (Special Dispatch to The Journal.) MONTGOMERY, Ala., June 2.—About 10,000 persons filed their names with the department ot agriculture and en tered the state corn contest before the time limit expired at midnight Saturday. Every county in the state is represented and indications are that the contest will be tho greatest ever held. Prizes will be give nthose who make the largest yields of corn on measured acres of land. BY RALPH SMITH. WASHINGTON, June 2.—The action of the United States Express company and the Rock Island railway, in refusing to accept shipments of intoxicating liquors for delivery in towns in Iowa, notwithstanding the fact that the liquor had been paid for in advance and was intended for the personal use of the consignees, is to bring into the federal courts a suit that will test the consti tutionality of the new Webb law. passed over the veto of President Taft at the last session of congress. Some of the preliminaries of the suit have been arranged in this city during the past two days by attorneys repre senting the National Liquor Dealers’ as sociation, and the action will be filed before one of the federal courts of Iowa in a short time, and pushed up as rap idly as possible to the supreme court for final decision, regardless of which side wins in the lower courts. There has never been a decision on the question raised in Iowa, although several times the supreme court has rather squinted in the direction of a theory that would, if adopted by that body now, hold the Webb law to be un constitutional. A square and flat-footed decision is what both sides want, and the forthcoming suit will be planned with a view to having such a decision rendered. The Webb law provides that the ma chinery o fthe federal government is to be used for the enforcement of state prohibition laws, and its enactment had been earnetlsy demanded by the temper ance people of the country twenty years prior to the favorable action of the last congress. * The suit will be prepared and brought under the direction of Lawrence Max well, of Cincinnati, Ohio, one of the counsel for the National Liquor Deal ers’ association, and an attorney of wide reputation. It was he who furnished the legal arguments on which President Taft relied for his veto of the Webb bill. If the case should be decided by the supreme court on its technical merits, it is believed by good lawyers in con gress that the liquor dealers may win, but if, as seems the more likely, it is decided on other and broader grounds, it is believed that the temperance people will win. Incidentally, it may be said that the men representing the liquor interests do not seem to be particularly hopeful of the ultimate outcome. LAST DAY GRACE CAN ANSWER WIFE’S SUIT Mrs, Grace's Suit for Divorce Philadelphia Has Not in Been Answered Yet PHILADELPHIA, June 2.—This was the last defy upon which Eugene H. Grace, of Atlanta, Ga., could answer to the suit for divorce filed here by his wife, Daisy Ulrich Opie Grace, who al leges cruel and barbarous treatment. Mrs Grace was acquitted in Atlanta last summer on a charge of having shot her husband. Whether Grace does or does not make answer to the suit today, a master will be appointed to take testimony. Grace, who is supposed to be at his mother’s home, in Newnan, Ga., has filed a counter suit for divorce in the Georgia courts. Eighty-Pound Melon PAVO, Ga., May 30.—Brooks county still holds her supremacy in agricul ture. L. S. Adams Thursday sent to town from his melon patch a water melon weighing eighty pounds. E. J. Car- roll, another farmer from Brooks ex hibited a well developed cotton blossom and states there are plenty more in his field. Crops in Pavo district are fine. SENATE BEGINS ITS ■ SEARCH FI TARIFF L0BBYJ[ CAPITAL Senator Bacon, of Georgia, One of the First Senators Called by the Probe to An swer Questions (By Associated Preaa.) WASHINGTON, June 2.—The first senators to testify today at the sen ate’s investigation of the charges that a lobby is working against the tariff bill, declared they knew of no improper influences being exerted; no use of money and had not themselves at tempted to improperly influence any other senators. ^ All admitted having talked with man ufacturers Interested in the tariff, hav ing heard arguments and protests but all considered such proceedings strictly legitimate and none considered the men with whom they talked as “lobbyists.” Senator Ashurst said, however,, that “a man named McMurray,” had been attempting improperly to influence senr ators against the movement to cancel certain Indian contracts by which Mo Murray is said to stand to receive $3.- 600,000. Senator Borah referred also to “the man Senator Ashurst men tioned.” Just before the committee began tak ing testimony, Chairman Overman and Senator Reed conferred with President Wilson. It was said the president would not be called before the commit tee but would transmit any information he might have on the subject of a “lobby.” BACON CALLED. Senators Ashhurst, Bacon, Bankhead and Borah were the first asked to ap pear before the committee. Before the investigating committee met, Senators Overman and Reed went to the White House and had a Iona conference with President Wilson. Both declined to talk of their visit, but the president told inquirers he hau made suggestions to the senators which would be developed in the course of the inquiry. He declined to say what they wer*. The senators did not ask President Wilson to appear and it was generally regarded at the capitol a4<l at the Whit* House that the president would not. It was said at the White House that the president practically had' placed ill his information of the lobby in the hands of Senators Overman and Reed, and the impression prevailed that later the president might furnish a list ot names of those wTiom he believed fb be lobbying against the tariff bill. 1 When the heating opened some news paper photographers ordered the com mittee members abound in a business like way while # a photo was taken. Sen ators Bacon and Ashurst moved aside. BACON AVOIDS PHOTOGRAPHER. "I don’t care to get into such a picture/’ said Senator Bacon. Senator Ashurst testified he was not interested directly or indirectly finan cially in the production, manufacture or sale of an article mentioned in the tariff bill or any other bill pending before congress, nor had he sought to influ ence any other senator. The committee then , made the first ef fort to secure a list of so-called “lob byists” or persons who have “talked with senators” about the tariff bill. Senator Ashurst said he had not kept a record of those who had talked with him, but he was prepared to give names of all he could remember. The first was “William Kettner, of California,” who had asked him to find out whether there would be any fur ther reduction in the tariff on lemons and fruits. The senator asked Chair man Simmons, of the finance committee, and the latter said he thought the Un derwood rates would stand. "But I told him,” said Senator Ashurst, “that T wanted it distinctly understood that in asking the question I was not urging that the tariff be not reduced.” A Mr. McClure, representing western sheep fnen, and a* Mr. Tomlinson, rep resenting cattle men, Senator Ashurst said, called upon him and by legiti mate argument sought to show him that the sheep and cattle business ‘would be hurt by the bill. “Nothing improper was said to me by these men and what they did every American citizen has a right to do— talk to their senator about their busi ness affairs,” said he. No one, he de clared, had tried improperly to influ ence his action. ONE SMOOTH LOBBYIST. Senator Ashurst said he did believe, however, that “a man named McMur- roy” had been attempting to influence improperly the action of senators with respect to preventing the cancellation of certain contracts he (McMurray) held with Cherokee Indians for the sale of land whereby he would receive $3,- 500,000. “He is the smoothest lobbyist I have ever seen,” added the senator. “He could carry a bundle of eels up stairs without dropping a single one.” Senator Ashurst said he considered any man or woman a “lobbyist,” who “button-holed senators or members of congress and urged them to vote for “certain measures dr suffer reprisals in the elections.” “I don’t consider a man a lobbyist who files legitimate arguments with congress about matters in. which he is interested,” said the senator. STRUCK OVER HEART BY BASEBALL; IS DEAD (By Associated Press.) SANDERSVILLE, Ga., June 2.—Wil liam Howard, four-year-old son of Col onel and Mrs. George C. Evans, was killed Sunday afternoon by a baseball that hit him over the heart. The boy was watching other lads playing the game when a wild pitched ball struck him over the heart. INTERIOR SECRETARY CAN REMOVE TRIBAL COUNCIL WASHINGTON, June 2.—The district court of appeals today upheld the legal right of the secretary of the Interior to remove members of the tribal council of the Osage Indians for cause. The case arose through former Secretary Fisher's removal of tribal chiefs In connection *lth oil land leases he al leged had been made to the disadvan tage of the Indians.