Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, August 22, 1913, Image 1

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' 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.