Newspaper Page Text
' f
VOLUME XII.
ATLANTA, GA.< FRIDAY, AUGUST 22, 1913.
NO. 95. v
\
AS JEKYL
BY STAMTORIY
Frank A, Hooper, in Opening
Speech for the Prosecution,
Declares That Frank Must
Have Killed Mary Phagan or
S#t Nearby and Permitted a
Negro to Attack Her
r
f N . n eloquent speech, replete with
word pictures, sometimes sarcas
tic, sometimes pathetic, some
times humorous, hut at all times, dra
matic, Attorney Frail: A. Hooper,
Thursday morning opened the state’s
argument tor the conviction of Leo.
M. Frank for the murder of Mary
Phagan. .
Mr. Hooper began his speech by
declaring to the jury that the state
was not seeking a verdict of guilty
unless the defendant was' guilty, and
that the state cheerfully’ assumed the
burden of proving him guilty. “This
man,*’ jaid he,pointing to Frank, should
not je fconvicted because the law is
seeking a victim. We are not looking
for blood. We are simply seeking to
find and punish the murderer of lit
tle Mary Phagan.”
Mr. Hooper scored the conditions
existing at the pencil factory, called
attention to he fact that after many
witnesses had sworn that Frank’s
character was bad the defense bad
failed to interrogate them as to why
they held to such opinions.
He described the defendant as a
Dr. Jekyl and Mr. Hyde—a man who
was congenial with two widely differ
ent sets of associates. Mr. Hooper de
clared that Jim Con ey’had stood like
Stone Mountain in the face of the ter
rific bombardment directed at him by
Attorney Rosser in an effort to break
him down.
That effort failed, said the speaker,
because Conley had, after telling many
lies, eventually arrived at the truth.
Perhaps the most dramatic portion
of Mr. Hooper’s speech was when he
said: “Give the defendant the benefit
of every doubt, the ' circumstances
show that he either killed this little
girl, or sat there in his office and let
the negro kill her and drag her body
down the hall to th„ elevator and take
it down to the basement. This mur
der took place in the metal room and
it occurred while .Monteen Stover was
in Frank’s office.”
Mr. Hooper reminded the jury that
although Frgnk had sworn that he did
'not leave his office between 12 and 1
o’clock the Stover girl had gone there
during that period and found the of
fice empty.
‘‘I don’t believe Frank had murder
in his,heart when he followed Mary
Phagan back into the metal room,”
said Mr. Hooper, “but he had in his
'* heart the lustful passions stored up
for this little girl. He was killing her
when Monteen Stover came to the of
fice.”
Mr. Hooper touched upon the evi
dence only in,a general way. He left
the detailed summing up to solicitor
Dorsey who will make the last argu
ment.
At 11:15 o’clock Mr. Hooper con
cluded his argument, having spoken
for two hours and ten minutes. For
the next thirty-five minutes he ex
plained the points upon which the
state would request the court to
charge the jury, giving especially em
phasis to what constitutes “reasonable
doubt.”
So Declares Reuben R, Arnold
in His Opening Remarks to
the Jury-He Tells Jury That
the Noise of a Few Sap-
heads in the Street Doesn't
Make Public Opinion
TTT HEN court adjourned for lunch
’’ Thursday, Attorney Reuben
R. Arnold, for the defense, had
just finished laying the foundation
for his speech to the jury.
A wonderfully persuasive and con
vincing speaker, Mr. Arnold was per
haps never more effective during his
whole brilliant career than in these
opening remarks.
He spoke deliberately, choosing liis
words, pausing for emphasis, and the
gestures of a master actor could not
have been more dramatic.
His tall form enabling him to see
and - e seen from every corner of the
courtroom, the peculiar resonant qual
ity of his voice rising high above all
other sounds, he caught and held the
attention of spectators and jury alike
with the magic of his eloquence.
He started by picturing the jury as
set above and apart from the public,
sequestered, guarded, reading no pa
pers and hearing nothing if the public
discussion of the trial, in order that
they may imparitally weigh the evi
dence and make up their verdict with
out bias or prejudice.
Then, turning to address the court
room rather than the jury, Attorney
Arnold excoriated the “long-tongued,
loud-talking sap-heads who immediate
ly conclude that a man is guilty the
moment the finger of suspicion is di
rected towards him.”
Using George Kendley, the street
car conductor, as an example, he de
nounced those who would -punish the
defendant “for no other reason than
that he is a Jew.” He declared that
if Frank had not been a Jew he never
would have been prosecuted.
He paid his respects to the jury by
saying they are “way above” the aver
age. “I’m not saying this to flatter
you,” said he. “I reckon I have tried
cases before a thousand juries, and I’m
telling you the simple truth.”
Using a recent decision of the court
of appeals with deadly effect, Attorney
Arnold then paid his respects to tes
timony obtained by “third degree”
methods.
He had just promised tho jury, when
recess was taken, to show them the
“greatest frame-up ever concocted
’against an innocent man.”
I, & A. EARNINGS SHOW
BIG INCREASE IN TEAR
Gain in* Gross Earnings Is
$270,892,54, Three Times
That of Other Roads
FRIGHTENS CAMINETTI
Marsha Warrington’s Com
panion Found Guilty of Vio
lating White Slave Law
SAN FRANCISCO, Aug. 21.—With
Maury I. Diggs convicted and awaiting
sentence for having violated the Mann
white slave act in eloping with Marsha
Warrington from Sacramento, Cal., to
Reno, Nev., the government turned its
attention to Diggs’ companion in flight,
F. Drew ’Caminetti, indicted for having
taken Lola Norris on the same excursion
to Reno. Diggs was released at mid
night on |20,000 bail, furnished by his
father, I. P. Diggs, and uncle, Marshall
Diggs. Pie will be sentenced to the
penitentiary on September J2. Five years
for each of the four counts on which
he was convicted is the maximum pen
alty. #
Although Diggs was regarded- as the
leader in the interstate jaunt the .trial
of Caminetti will command exceptional
attention owing to the fact that he is
the son of Anthony Caminetti, a leader
in state and national politics and the
present commissioner general of immi
gration.
When United States District Attor
ney John L. McNab (resigned; brought
the Diggs-Caminetti cases into national
prominence by accusing the attorney
general’s office of having delayed the
trial for political reasons, Commission
er Caminetti figured in the explanation
of the delay. His chief. Secretary of
Labor Wilson, stated he had requested
postponement until Commissioner Cami
netti, who was eager to return to San
Francisco from Washington to aid his
son, qould familiarize himself with his
duties.
Friends of Caminetti were depressed
today over Diggs’ conviction 4nd by the
attitude of the court toward that de
fendant. Judge Va Fleet, who also will
try Caminetti, said in his charge to the
Diggs jury:
“If you find that the defendant and
his companion Caminetti were actuated
in their departure or flight from Sacra
mento by a fear of exposure or arrest,
but that nevetheless, in taking these two
girls along, there existed the intention
to subject them to the immoral purpose
charged, the defendant is guilty."
Large gains over the year previous
are shown in the gross and net earnings
of the Western and Atlantic road, in
the annual report submitted to th e state
railroad commission Thursday after
noon by the assistant comptroller of
the property.
The gain in the gross earnings is
$270,892.54 and the net earnings, are
$94,605.14 for 1913 as against the year
1912. The advance in gross earnings
per mile is $1,979.92 and the net $691.90.
In this connection it was pointed out
by Campbell Wallace, secretary of the
railroad commission, that the gross
earnings per mile of the Western and
Atlantic are nearly three times as much
as those of the Southern, Central of
Georgia and Atlantic Coast Line rail
roads. The earnings of these roads is
approximately $8,000 each, as against
tne $23,337.27 shown in the report just
received. The net earnings per mile
show the same ratio in comparison to
the roads mentioned.
The only improvement to*, the proper
ty shown by the report is the laying of
a little over a mile of side track which
brings the total rail mileage up to
180.36 as compared to 170.26 miles in
1912.
Following- is the financial report in
full:
Gross earnings, 1913, $3,193,005.02;
1912, $2,922,112.48.
Operating expenses, 1913, $2,279,-
820.76; 1912, $2,103,594.36. ^
Net earnings, 1913, $913,184.26; 1912,
$818,519.12.
Gross earnings per mile, 1913, $23,-
337.27; 1912, $21,357.35.
Operating expenses per mile 1913,
$16,662.92; 1912, $15,374.70.
Net earnings per mile, 1913, $6,674.35;
1912, $5,982.45.
It is a noteworthy fact that despite
the increase in, operating expenses as
shown in the foregoing figures, a large
gain was nevertheless registered, which
would indicate that the state’s property
is yearly becoming more valuable as
an asset to Georgia.
The rent derived by the state for the
Western and Atlantic road is $420,012
annually, paid by its lessee, the Nash
ville, Chattanooga and St. Louis rail
road. Subtracting this from the net
earnings of the property it is seen that
the profit into the coffers of the lessee
was in the neighborhood of a half mil
lion dollars.
This lease expires in 1919 and in view
of this there was appointed by the
speaker of the house and the president
of the senate, a commission to investi
gate into the terms of a new lease and
make such recommendations as it sees
fit to the next session of the legis
lature. The chairman is Barry Wright,
Ot Rome, Floyd county.
Duchess to Lead
LONDON.—The duchess of Marlbor
ough, who has consented to be chairman
of the newly formed Women’ Municipal
party, does "not mean to be merely a
figurehead. She will be the leader of the
hew party, and as such will direct its
policy in counsel with with .her com
mittee..
OH 1
WELL
\f YoD
PUT >T
THAT
WAY
WHAT I WANT
-to Know is
DO YOU
WISH A
L fCKI N
FIGHT FOR THAW'S
THE MEXICAN QUESTION
SOUTHERN SUITES TO
GET 0. S. FUNDS AT ONCE
McAdoo Outlines Regulations
Governing Deposit of $50,-
000,000 Crop Expediter
(By Associated Press.)
WASHINGTON, Aug. 21.—First de
posits of the government’s $50,-
000,000 fund to aid crop move
ments will be made in the southern
states in August and September. All
deposits in all states will be made in
two equal allotments. In a statement
today Secretary McAdoo outlined the
treasury department’s requirements for
security.
“Deposits will be made," says the
statement, ‘only in national banks loca
ted in such of the principal cities of
the several states as the secretary may
designate. Such banks must have an
outstanding circulation at the time of
deposit equal to at least 40 per cent
of the amount authorized by law. It is
understood that such deposits are made
to prevent or mitigate the financial
tension incident to the movement of
crops, and that the funds received by the
banks will be used in good faith for
this purpose. The banks receiving de
posits will be expected to extend to the
banks in smaller towns such accommo
dations as may be consistent with sound
and conservative principles of banking,
and that in all cases the rate of in
terest charged such banks will be mod
erate and reasonable.
SECURITY FOR DEPOSITS.
“As security for such deposits the
banks must deposit with the treasurer
of the United States bonds of the Uni
ted States government, of any issue,
equal in amount to at least 10 per cent
ot' the* amount of the deposit. The re
maining 90 per cent may be secured
first by high class state, municipal or
other bonds which have been approved
by the secretary, and which will be ac
cepted as_ security at 76 per cent of
their market value; second, by prime
commercial or business paper approved
by the secretary, which will be accept
ed at 65 per cent of its face value. All
such paper must bear the indorsement
of the bank offering it.
“Commercial paper may consist of
firstclass business paper executed by r in
dividuals, firms, or corporations of good
standing. No commercial or business
paper will be approved by the secre
tary until it has been unanimously ap
proved and recommended by a commit
tee appointed for that purpose, to con
sist of six members, five of whom shall
be selected by and be members of the
Clearing House association of the city
in which the bank applying for the de
posit is located. The sixth will be desig
nated by the secretary. In cities where
there is a subtreasury of the United
States, the assistant treasurer also shall
be ex-officio a member in addition to the
other six members.
DEPOSITS PAYABLE ON DEMAND.
“All deposits will be payable on de
mand and without previous notice, but in
order to afford the relief intended and
to facilitate the marketing of crops it
is expected that 25 per cent of the total
deposits will be withdrawn by the gov
ernment on December 15, 1913, 25 per
cent on January 16, 1914, 25 per cent on
February 15, 1914 and 25 per cent on
March 1. 1914.
“The banks shall have the right to re
turn the deposits at an earlier date if
they desire. They will be required to
pay 2 per cent interest on the average
dollar maintained during the period of
the deposit and also must pay such ex
penses as are Incident to the deposits."
Southern states were selected for the
first deposits on account of the early
movements of the cotton crop, which al
ready has begun.
M’LAURIN SUPPORTERS MAY •
DESERT BLEASE STANDARD
Refusal to Support State Sen
ator as Successor to Gov
ernorship Angers Carolina
Voters
(Special Dispftteh to The Journal.)
COLUMBIA, S. 6., Aug. 21.—“Are the
newspapers said to be back of State
Senator John L. McLaurin in his race
for governor going to fight Governor
Cole L. Blease in his race for the sen
ate unless he indorses McLaurin as his
successor?” is the question being asked
today in South Carolina following a
publication in a hitherto storng Blease
paper of a suggestion that the governor
may not runfpr any office again.
This ligln™cannonading in his own
ranks is taken here to be the first an
swer of Senator McLaurin’s friends to
Governor Blease’s reported refusal to
indorse him as his successor. Ander
son was the banned Blease county last
summer, giving him over 2,100 major
ity.
This article is taken in Columbia
to be a “feeler" and covert threat on
the part of Senator McLaurin’s follow
ers, and, taken in connection with the
serious illness of Representative “Josh"
Ashley, the political “boss" of Ander
son county, has caused an entirely new
aspect to be put on the next senato
rial race.
THE EDITORIAL.
The article says: “Actions of the
governor were a complete surprise, as
much so here as anywhere in the state,
and his supporters are lined up now on
both sides. rFiends of the men pa
roled claim that his action releasing
i..em from the penitentiary will
strengthen him, while others are as
thoroughly confident that it will lose
for him in this county at least 2.00U
votes. The whole matter has re
solved Itself into just this:
“Many of Governor Biease’s most in
fluential supporters are openly con
demning him for his recent actions, ana
declaring they will fight him if he ever
again offers for office, while on the
other hand, large numbers who have
heretofore been luke warm towards
him, because he had not taken favora
ble action in the cases of their impris
oned friends, now declare they will take
off their coats and pull for Blease for
the senate.
CLEAN OUT PRISON.
“It is being freely talked by many
Blease and anti-Blease men that the
governor sees the handwriting on tho
wall, and has determined to clean out
the penitentiary. Some . fe win the
ranks of his strongest supporters are
of* the opinion that he will throw wide
the gates of the penitentiary before he
leaves the governor’s chair. But this
extreme view is taken by only a few."
It is consider deextremely significant
the*., in this same issue of this hither
to strong Blease paper the editor came
ou- for John L. McLaurin for gover
nor.
PIECES. SAID BEDEL
Declared Officers Incapable
and Material Impossible in
Balkan War
(By Associated Press.)
LONDON, Aug. 21.—Replying to a
query whether Germany's recent army
Increases meant an attack on France,
August Bebel, the late German Socialist
leader, just before his death at Zu
rich on August 13, wrote the following
letter which is published today in the
Pall Mall Gazette:
“The German emperor has seen dur
ing the Balkan war that our army has
completely gone to pieces—that is, our
ot^icers are incapable of commanding
and the material ,1s absolutely impossi
ble. If the French had wished to at
tach us they would probably have been
successful for we were not__ strong
enough at the frontier. > If the French
hau guessed that they were strong
enough they would have begun an at
tack.
“The German emperor saw that
French arms had much greater impor
tance in the Balkan war than did Ger
man ones. He also knew that the mil
itary element from Germany that had
helped the Turks was to blame for tho
misfortunes of the Turks. It is an
open secret that Germany was to blame
for this defeat."
These fact, Herr Bebel assured his
correspondent, had been obtained from
th i best sources.
Writ of Habeas Corpus Ap
plied for by Thaw's Lawyers
Will Be Tried in Canadian
Court at That Time
(By Associated Press.)
SHERBROOKE, Quebec,. Aug. 21.—
Harry K. Thaw, Matteawan fugitive,
will be arraigned in the superior court
here on a writ of habeas corpus at 10
o’clock Wednesday morning next. His
counsel agreed to this this morning.
Lawyers for Harry K. Thaw, fencing
for position in his fight to resist de
portation to the United States, won an
advantage today by delaying his ap
pearance in the superior court on a
jsvrit of habeas corpus.
Dominion immigration officials . and
officials of Dutchess county, New York,
had hoped Thaw would be produced at
P0 a. m., discharged on the present de
fective commitment, and thus allowed to
fall into their hands for deportation at
a point on the border as yet undecid
ed.
Thaw’s lawyers, however, believing in
the advantage of delay, declined to
serve their writ on the jailer, and
Thaw remained in the hosptial ward
cell, chatting with his brother-in-law,
Mr. and Mrs. George Lauder Carnegie,
who arrived last night.
Thaw’s lawyers, victorious so far in
the strange proceedure of keeping their
client in jail, agreed to announce this
afternoon what disposition they pur
pose to make of their idle writ. If they
persist in not serving it, the immigra
tion authorities and District Attorney
Conger, of Duchess county, planned to
have the writ declared void and insist
on Thaw’s arraignment at once.
Mr. and Mrs. Carnegie spent nearly
an hour with the prisoner.
“He’s looking fine,’ said Mrs. Carne
gie.
SURPRISE TO OFFICIALS.
J. D. Greenshields, of Montreal an 11th
hour addition to the Thaw lawyers,
pointed out that the writ was return
able at the pleasure of counsel for
Thaw and that it would be best to go
over his case more thoroughly before
coming into court.
The move came as a surprise to the
immigration officials and to District
Attorney Conger and Sheriff Hornbeck,
of Dutches county, N. Y. They hau
expected that Thaw would be arraigned
before noon today, released on the pres
en- commitment, then held as an un
desirable alien and quickly deported.
As matters stood this forenoon indica
tions were that this program had sim
ply been put off a day. With Thaw
one: in the hands of the immigration
authorities, opinion varied as to what
course would be followed.
One version had it that he would be
returned to Coaticook where he was ar
rested on Tuesday and from there de
ported, if it were proved that he was
an undesirable alien, to the nearest
border point in Vermont or New
Hampshire.
SENATE RESOLUTION!
WOULD PLACE TROOPS!
IN MM ONCE!
Penrose Introduces Measures
to Require Wilson /to Send!*
Armed Force to Protect!
'American Lives and Property!
WASHINGTON, Aug. 21.—Senator)
Penrose Introduced today a resolution
requiring President Wilson to take the I
necessary steps to place United States,
troops in Mexico to protect American
lives and property; such a step to be,
decreed by the senate as in no way an|
unfriendly act toward Mexico.
Senator Penrose Introduced also ant
amendment to the deficiency bill for an|
appropriation of $25,000,000 to be ex
pended as the president might direct
for the protection of itves of Americans
in Mexico. He made no effort to secure
immediate action upon his resolution and
at the suggestion of Senator LaFoilette
it went over a day uqder the senate
rules.
The amendment for the emergency
appropriation, Senator Penrose explain
ed, was similar to a provision In an
appropriation act Just prior to the
Spanlsfl war and he asked that the
amendment lie on the table in the sen
ate until the bill comes over from the
house.
“The administration has asked for
$100,000 to take Americans out of Mexl-'
co,” said Senator Penrose after announc
ing he would not discuss his resolution.
HAVE RIGHT TO BE THERE.
"I think they have a right to be in
Mexico. I think - they have a right to
be there under our treaties and under
International law. We have no right to
attempt to break up their homes and
occupations. Rather than appropriate
this pittance of $100,000 to make this
wholesale removal, I would expropriate
$25,000,000 to keep them where they are
and to protect them.”
The Penrose resolution draws atten
tion to the Monroe doctrine and to the
possibility that continued destruction of
property in Mexico would "involve in
ternational complications and interven
tion by European nations.”
The resolution specially declares that
“it is not the policy of the government
of the United States to recognize or as
sist any faction or factions in the re
public of Mexico," and proposed:
"That the president of the United
States be required to take such steps
as are necessary to place a sufficient
number of United States troops as a
consaabulary in the Republic of Mex
ico, wherever and at’ such points as in
his opinion they may be needed, prop
erly to police and protect citizens of
the United States and their property,,
and it is hereby declared that such em
ployment of Unit^i States troops for
the protection of the lives and property
of American citizens is not made with
any Intent that such policing and pro
tection shall be construed as an act of
hostility or unfriendliness toward the
Mexican nation.”
Battle to Death With Knives
After Wednesday Night Prayer
Meeting at New Hope Church
SPEER CHARGES TO
OE CONSIDERED BY
HON. ALBERT H. RUSSELL
BURIED AT BAINBRIDGE
BANIBRIDGE, Ga., Aug. 19.—The
funeral services of Hon. Albert H. Rus
sell, who died in Atlanta Saturday,
were held Monday afternoon, Rev. Wal
ter Anthony officiating. Mr. Russell
was one of the most prominent men of
the state. He is mourned by hundreds
of citizens of Decatur county.
He was thirty-eight years old. His
father was Hon. Ben E. Russell, former
congressman and journalist.
Young Sweethearts
In Suicide
Pact
Tries to Takes Wife's
False Teeth After
They Have Quarrel
(By Associated Press.)
•WASHINGTON, Aug. 21.—Separation
from one’s wife, in the eyes of the
law, furnishes no excuse for attempting
to separate ■ that wife from her store
teeth, even though the husband did buy
them and considered them his property.
This is the ruling of Police Judge Auk-
am, and as a result Henry Hardesty
today is in the workhouse under a thir
ty days’ sentence.
“But, judge, I bought and paid for
them,” Hardesty expostulated. “She
wears them, but they’re mine.”
The judge declined to adopt the hus
band’s viewpoint. Incidentally, it was
learned that Mrs. Hardesty nearly swal
lowed the disputed property in her agi
tation when her hpsband theratened tp
separate her and her teeth through the
use of a razor.
With Impeachment Threaten 1
ing Georgia Judge, His State
Congressmen Confer in Re
gard to Probable Action
(By Associated Press.)
YONKERS, N. Y.,’ Aug. 21.—Charles
Rich, aged nineteen years, was found
dead, and his seventeen-year-old sweet
heart, Ruth Hamilton, was found mor
tally wounded today with evidence that
they had agreed to die together, that
Rich had shot her and then killed him
self. ^ *
A note saying, “We are going to end
it all,” was found at midnight on the
doorstep of the home of Henry C. Mo-
rand a wealthy stockbroker, where Miss
Hamilton lived. Shortly afterwards the
Rev. J. E. Oakley telephoned to the
police that Miss Hamilton had been
found on hi-s doorstep dying from a bul
let wound The clergyman’s daughter.
Rena Oakley, had stumbled across the
girl’s form as she was returning from
a reception.
“I guess he’s dead in the woods,” the
girl moaned before she became uncon
scious, and this clue led to the dis
covery of Rich's bodj' on the edge of a
wooded section a hundred yards, away.
A 38-caliber revolver lay by his tilde,
s i
Protest Removal of
"Anne Royal Rock,"
Of Legendary Fame
(By Associated Press.)
WASHINGTON, Aug. 21.—Lovers of
ancient landmarks today joined in a cry
of protest when they discovered that
the famous stone on which Anne Royall
was said to have sat knd “interviewed"
President John Quincy Adams while the
head of the nation was bathing in the
Potomac river, had been removed to
make room for improvements in Potomac
park. For years the stone occupied the
identical spot that Anne Royall hallowed
and before which the president stood in
water up to his neck while the young
woman quizzed him.
Miss Royall has been handed down
in history as “the mother of journalism
and the inventor of interview." Steps
will be taken to preserve the stone.
BY RALPH SMITH.
WASHINGTON, D. C„ Aug. 21.—The
next important step in the case of Uni
ted States Judge Emory Speer, of the
south Georgia district, whose impeach
ment is threatened by congress, will be
a conference of the Georgia congression
al delegation to determine upon a
course of action with reference to the
charges that have been preferred against
the jurist. This conference will be
held probably tomorrow morning, unless
the illness of Congressman Bartlett and
the absence from the city of Congress
man Edwards prevents. *
Judge Bartlett is confined to his
apartments with a severe cold, and
Mr. Edwards is fn Georgia at the bed-
I side of a very sick brother. In view
of the special interest these congress
men feel in the case by reason of the
fact that their districts are under the
jurisdiction of Speer, it is possible that
final action by the delegation will be
deferred until it is possible for them to
be present.
I Chairman Henry D. Clayton, of the
! judiciary committee, which has the pa-
! pers' in the Speer case, this morning
j conferred with a Georgia member
I about the matter. He agreed that any
Georgia congressman or committe 'from
the delegation, should be given free ac
cess to all of the papers so that the
delegation may act intelligently in
reaching a decision as to its final
course. The initial step looking to the
impeachment of Judge Speer will come
from a Georgia congressman, if it is
determined that the charges warrant
such actions.
While all of the members of the del
egation will approach the case with an
open mind, it is believed, from what
is known of the charges, that a member
of the delegatioh will be selected to
make the formal motion in the house
for the impeachment of th© Georgia Ju
rist. This motion will be accompanied
by a resolution directing the judiciary
committee to proceed with its investi
gation and report to the house, whether
in its opinion the charges justify an im
peachment trial before the United
States senate. _ *
One Dead, Three Badly Stab
bed in Clash in Moonlight at
Church Door
Four men armed with pocket knives
battled in the moonlight outside New
Hope church, three miles from Marietta,
after prayer meeting there Wednesday
night, with the result that one is dead,
another fatally wounded, and a third
held in the Cobb county Jail on the
charge of attempt fo murder.
The dead man is Bertis Leming, a
youth about twenty-one years of age.
J. T. McElroy, charged with his death,
himself lies in # his farm-house home
a few miles outside Marieta with five
wounds in his body and small chance
for recovery.
Fred Harper is the man in jail
charged with attempting McElroy’s life.
His brother, Roy Harper, is badly
wounded at his home.
The trouble between the men is said
to have started on account of McElroy’s
daughter. She and her father at
tended prayer meeting at New Hope
Wednesday night. In the congregation
were young Leming and the Harper
brothers, his friends.
At the conclusion of the evening serv
ices McElroy’ and his daughter passed
the Harpers and Leming just outside
the church door. It is said that there
had been ill feeling between McElroy
and the young men for some time on
account of the former’s daughter, and.
according to spectators, when one of
the youths said something about the
girl as father and daughter passed
them, McElroy resented it.
Then, according to McElroy’s story,
all three of them drew their knives
and attacked him. While women and
children ran screaming back into the
little church the duel in the moonlight
raged on. Long before male members
of the congregation could separate the
combatants, Leming was lying dead on
the ground, McElroy had carved his
way to freedom only to faint away,
and the two Harpers were cut from
head to heel.
Officers from Marietta were called to
the scene and took Fred Harper into
custody. Following an inquest over
Leming’s body McElroy was charged
with his death, but owing to his crit
ical condition he could not be moved to
the jail.
Roy Harper’s condition was also too
dangerous to allow him to be moved,
so that Fred Harper, the least injured
of the fighters, is the only one in cus
tody*.
Doctors say that McF-lroy is terribly
cut, having four wounds in his shoul
der, one penetrating the lung, and has
only a fighting chance for life. He is
conscious at intervals and was able to
give his side of the story. He says
that he was assaulted by all thrse of
the y*oung men at once.
Leming’s body was taken from the
blood-stained ground outside the church
to the interior, where funeral services'
will be held.