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VOLUME XIII. ATLANTA, GA. FRIDAY, OCTOBER 24, 1913. NO. 9. OF FIVE YEARS BACK Man Who Accused Atlanta Merchant of Phagan Murder Is Himself Charged With Death of Dug Steele lSpecial Dispatch to The Journal.) DALTON, Ga., Oct. 23.—At 11:45 o’clock this morning:, the grand jury returned a bill of indictment charging Ira Fisher, the sensational witness who accused a prominent Atlanta man of the murder of Mary Phagan, with the murder of Dug Steele, Steele having been killed here about five years ago. The body of Steele, badly mangted, was found near the Southern railway tracks in the northern part of the city. Although the body was decapitated, and one shoulder was badly crushed, prac tically no blood was found in the vi cinity, leading to the belief that Steel was killed and later placed on the tracks in an effort to hide the crime. The coroner’s inquest lasted for sev eral days, finally returning a verdict that Steele came to his death from be ing run over by a train, as no evidence to warrant any other finding was se cured. The grand jury afterwards in vestigated the matter but reached the same conclusion. The matter was forgotten here until it was revived by the present grand jury. The investigation began on per sistent rumors that Steele had been dealt with foully, today took a different aspect. Now evidence of a damaging nature was secured, pointing to Fisher as the slayer of Steele and resulting in an indictment being returned against him. Following, the returning of the indict ment, a warrant charging Fisher with murder, was issued. It was turned over to the sheriff, who will leave here for Atlanta to serve the warrant. . Ira Fisher was for years a resident of this , city. He was at one time a witness in a criminal case of murder in the superior court here, and was im peached by the testimony of about a score of responsibl ecitizens of Dalton « MINERS. Ill DEPTHS OF WHFN THE LEAVES COME DRIFTING DOWN 14 Dead and 22 Injured Taken Already From New Mexican Model Mine, Which Explo sion Wrecked Wednesday Fisher Is Man Who Accused J, C, Shirley When informed by a Journal reporter that the Whitfield coufity grand jury had returned a true bill against him, charging the murder of his brother-in- law, Dug Steele, five years ago, Ira W. Fisher, held at police headquarters on the charge of criminal libel pre ferred by J. C. Shirley, the well known Marietta street furniture dealer, treated the news lightly and denied having any thing to do with the crime. At the time of the murder, Fisher said that he was at the bome of Cliff .Bearden, sitting jury cleared ’roe,” he continued, “and there Is absolutely no foundation for the action of the grand jury. I am in nocent and can prove it.” LIQUOR SHIPMENTS NASHVILLE, Tenn.. Oct. 23.—The matter of delivering several cars of beer and whisky which was in transit or had arrived but not been delivered when the recent anti-shipping bills were passed, is awaiting a decision by Federal Judge E. T. Sanford here. The court has heard argument favorable to the consignees and at the court’s re quest Governor Hooper has designated Attorney General Frank M. Thompson and former Attorney General Charles T. Cates, Jr., to represent the state ac a continuation of the hearing Monday morning at 9 o’clock. Postpone Execution For Doomed Mawto Eat Chicken Dinner (By Associated Press.) DAWSON, N. M., Oct. 23.—The fate of approximately 200 men remaining in the workings of No. 2 Stag Canon mine who were entombed by a terrific ex plosion yesterday, still was unknown shortly after noon today. Twenty- five -men had been rescued alive and forty-two bodies had been recovered from the mine. Hundreds of volunteer rescuers con tinued their efforts to penetrate the workings strewn with debris and filled with poisonous gases. However, the hopefulness that per vaded the camp immediately after the explosion and throughout the night fiad given way today to evidence of doubt. “When we reach the air shaft we will find many men safe,” was the hope voiced through the night. Three men alive and only partly conscious and three bodies was the reward when the air shaft finally was reached today. Mine officials nevertheless still in sisted that others would be found alive. feo absorbed were the officials in the work of rescue that no check had been made on the number of the men in the mine at the hour of the disas ter, and it seemed certain that at least 230, perhaps more, were en tombed. During the morning scores of expe rienced miners from the Colorado fields continued to reach camp and fresh squads were sent into the workings as their predecessors emerged exhausted. Shortly before 11 o’clock it was an nounced that twenty-five more bodies had been located, but several hours must elapse before the>* can be brought to the surface. Six bodies had been identified at 11 o’clock, including two Americans, Ar-< thur English and Walter Johnson. Gen. Wood's Daughter Rides With Her Dad On His Cross-Country Hike WASHINGTON, Oct. 23.—Little Miss Lousita Wood, the twelve-year-old daughter of Major General Leonard Wood, chief of staff of the army, to day is the idol of the army. She won the adoration of the fighting force be cause of her riding, for ’she accompa IIS VERDICT, EES 1. ARNOLD JURY SELECTED TO TRY THE ALLEGED SLAYER OF J. KING “Did the Jury Heat Applause and Cheering?” Is Big Ques tion for Judge Roan to Pass Upon Sheriff Takes Prisoner Se cretly From Jail to Scene of Trial, Not Far From Macon The twelve jurors who declared Leo M. Frank guilty of the murder of Mary Phagan were compared with “twelve scared rabbits huddled together” by R. R. Arnold, of counsel for the convicted, man, Thursday morning during the hearing by Judge L. S. Roan of the de- fense’s motion for a new trial. The at torney asserted stoutly that the grounds of the motion wherein it is alleged that the jury was frightened into a verdict of guilty by the state of the public temper, are correct and can be borne out. Those contentions, however, were dis puted in passing by Solicitor Dorsey and will be combatted later by affidavits from the jurors themselves. Much is said to depend upon Judge Roan’s view of this dispute between the opposing lawyers. Twenty-three more grounds of the long motion were covered Thursday morning, and the hearing was engaged with the sixty-sixth when adjournment was taken for lunch. Judge Roan de clared that he expects to complete the reading of the motion some time Thurs day and to be ready Friday morning to proceed with the depositions and ar guments. Among the grounds cov ered Thursday morning were those which allege that the jury was influ enced by applause and cheering on this and that specified occasion. The Thursday session was held In the state libray, convening at 9 o’clock and beginning with the forty-third ground of the motion. Judge Roan urged all haste possible commensurate with the importance of the subject, and declared that a night session would be held Thursday if necessary to com plete the motion. BRITISH PRESS UPHOLDS U. S. IN MEX AFFAIRS up with his sick wife. “The coroner's. father aad Col ° ne ^ H iestamd» tttirrnert ’ “ntirt adjutant general's department, throughout virtually all their annual ninety-mile ride. ' 1 General Wood and Colonel Hiestant, because of pressing duties, were un able to get away with the other offi cers on the yearly “hike.” The regula-* tions insist that ninety miles must be covered in three 1 days and the two of ficers decided to push their horse* over that distance in off hours. “Well, I’m going, too,” announced lit tle Miss Wood. Her father demurred, but she had her way. The final ride of forty-five miles through a blinding rain was occasioned by reason of a mistake in the road back to Washing ton, but Miss Wood galloped in laugh ingly to Fort Myer. ,(By Associated Press.) .. LONDQN,..,Oct 23.—Not a word ha# been heard here officially in regard to the alleged interview given by Sir Lionel Carden, the minister to Mexico, to which dispatches from Washington say that the United States government has taken exception. No action will be taken -in this di NO U. S, INDICTMENT AGAINST T. EJATSON CONSPIRACY INDICTMENT TO RE USED ON THAW Sings Song on Home As He Gets Divorce From Sixth Wife (Special Dispatch to The Journal.) D ALTON, Ga., Oct 23.—Robert S. Federal Grar4.Jury is Not Ex- . peetdd to Return Bill Asked Sent “Trusty" Chasing After Fleeing Mule; Lost:—One Convict (By Associated Press.) SOMERSET, Pa., Oct. 23.—The exe cution of John W. Maus, condemned to die here this morning for th§ murder of Harrison Brown, a mail carrier, was dela^bd until 1 o'clock in order that lviaus might enjoy a chicken dinner. When he had finished his breakfast Maus asked Sheriff Pochard for a good dinner. The request was granted but the meal- could not be prepared without delaying the hanging. QUITMAN, Ga., Oct. 23.—One of the county mules got loose yesterday aft ernoon and ran away. Will Oliv&r, a trusty convict, was started after the fleeing mule. The man started run ning and overtook the mule, passed him and kept on going. The mule was caught but they have not caught the man yet. The county gang was in Quitman when the escape occurred. The man was in for two years and had only eight months to serve. He had been a trusty for a long time and was believ ed to be reliable and worthy of the con fidence the guards placed in him, hav ing gone/ often on long errands from the camp and always returning promptly. Hon Her Heart To Steal Purse IT DEATH SAN FRANCISCO, Cal., Oct. 23.—How many times should one forgive his en- amies? “Once is enough,” says Mrs. Elizabeth McCullough, of Great Falls, Mont., on a visit here, “w;hen money is involved in the transgression.” Austin O’Hara, a “spieler,” won her heart, she avers, and then “borrowed” $1,400 from her. She had him arrested, relented, had him released, and then he showed his gratitude by getting $700 more from her. The police are looking for him. BY BAX.PH SMITH. WASHINGTON, Oct. 23.—“The aboli tion of the commerce court, which be came a fact yesterday when President Wilson approved the urgent deficiency appropriation bill, satisfies me fully with the work of the extra sessiop of congress,” said Congressman Adamson, of Georgia, this morning. “If nothing else had been accomplished, I believe that the American people would have been amply compensated by the aboli tion of this court.” rection unless the British government’s attention is drawn to the matter official ly. Diplomatic circles cannot believe that a man of the experience of Sir Lionel Carden publicly would criticise the policy of another government. The greatest confidence is imposed.in him by the government here. In fact, he was sent: to Mexico because of his long experience there as consul and be cause .of the success he achieved as British minister to Central America, resident in Guatemala. Should the Unit ed States object to what he is credited with saying, the usual course would be for Washington to inquire from the American representative in Mexico as to the accuracy of the report before making representation to this country. Sir Edward Grey, the British foreign secretary, has gone to the country for a brief vacation, and this is taken as an indication that he does not consider the situation serious. In the absence of any defi nite official lead, newspaper com ment on the Mexican situation to day generally was confined to brief para graphs questioning- the genuineness of the alleged interview given by Sir Lionel Carden, British minister to Mexi co, in which he was said to have re marked that “the Washington govern ment does not understand the situa tion in Mexico.” Most of the papers urge a speedy disclaimer of the inter view, declaring that the Americans, being nearer the spot, are better able than Great Britain to judge where the shoe pinches. The Pall Mall Gazette says: “We ought to recognize that British interests in Mexico are merely commercial, while those of the United States are national and are, therefore, paramount. The friendship of the United States is more important to Great Britain than any oil concession.” Ambassador Page said he had no in tention of going to the British foreign office today. (By Associated Press.) AUGUST, Ga., Oct. 23.—The federal grand jury made its presentments to the court Thursday morning and there were a large number of indictments, but no indictment was found against Thomas E. Watson, charged with send ing obscene matter through the mails. District Attorney Alexander Akerman presented the case to the grand jury yesterday morning in an effort to re indict Mr. Watson, Judge Foster having sustained a motion to quash the orig inal indictment on the grounds that only extracts from the Watson arti cles objected to had been used as a basis for the indictment. While no statement could be secured officially as to what the grand Jury had done before that body made its report to the court, still 4 jt was street talk yesterday afternoon that no in dictment had been found and the failure of the grand jury to report an Indict ment this morning was, therefore, nof unexpected. It is understood that there was a majority of one against finding an indictment. Uncle Sam Denies Naturalization to Caesar, Not Julius OAKLAND, Cal., Oct. 23.—First nat uralization papers were denied yesterday to Caesar Preg-o, who came from Italy, where he admitted he was an anarchist. Thinking- that Prego might not ,be fa miliar with the definition of the word anarchist, the deputy county clerk asked him if he knew what it meant. “Certainly,” responded Prego. “An an archist is a man who does not believe in law and does not respect any law. He is a man who has no use for gov ernment. I am that kind of a man.” Prego’s case has been referred to the federal naturalization examiner. (By Associated Pres..; NEW 4'WRK, "Oct. 23.—A blanket in dictment charging Harry K. Thaw and four others with conspiracy in connec tion with his esape from the Mattea- wan state hospital for the criminal in sane in August, was returned by the grand Jury here this afternoon. It will be used as a weapon - by William Tra vers Jerome in his efforts to extradite Thaw from New Hempshire. Others indicted were former Assem blyman Richard Butler, Michael O’Keefe, "Gentleman Roger” Thompson and Eufeene Duffy, who were alleged to have been Thaw’s companions in the automobile in which he escaped. These are the same men for whom warrants were issued in Dutchess county after Thaw’s flight. Bench warrants on today’s indict ments were issued by the court and turned over to detectives of the district attorney’s office. Mr. Jerome announced that he would at once ask GoArnor Glynn for extra dition papers based on the new charge to be sent to the governor of New Hampshire. Twenty witnesses were under subpena to testify before the su preme court grand jury which met today to investigate charges of conspiracy in connection with the escape of Thaw from Matteawan. The witnesses summoned were residents of Matteawan and New York, through whom Mr. Jerome hoped to show a con spiracy existed. Counsel for Thaw were prepared to make energetic efforts to prevent an Indictment on' the ground that Thaw Is insane and therefore could not be called to trial. This stand will be taken on the basis of Justice Seabury’s recent ruling that Thaw was an "insane per son,’’ when called as a witness in the recent investigation of charges against John F. Anhut. John Collins, proprietor of a garage, was one of the first witnesses to appear. The Dutchess county grand Jury fail ed to return an indictment against Thaw for conspiracy, and an indictment is sought here as a weapon in the fight to extradite him from New Hamp shire. Knox, who today was granted divorce from his sixth wife, yesterday after noon showed himself no mean enter tainer when he rendered to the court officials several songs composed by him while the Jury in the case was deliber ating over the matrimonial tangle which had been given into their keeping. Among Knox’s songs with which ho charmed - the court was a classic on "Home,” in which the delights of gen uine home life were strongly brought out. Mr. Knox, who is eighty-nine years of age and a veteran of the Mexican war, was in high spirits. He sang a number of songs and related incidents connected with the Mexican war, stat ing that if he was a young man again, he wouldn't object to going over into Mexico and fighting again. The case attracted widespread atten tion here, owing to the number of mar riages both plaintiff and defendant had contracted. Mr. Knox acknowledged he had been wedded six times, while he was on the witness stand. Mrs. Knox confessed to having been married four times. The defendant was on hand to con test her husband’s claims to divorce on the grounds of desertion. While the hearing was in progress Judge Fite dismissed all Jurors Instead of those serving in the case, and after he had charged the Jury, the court was at ease while waiting for a verdict. Then it was that Mr. Knox freely dis cussed his matrimonial troubles. Judge Fite tried to affect a reconciliation, but the aged man would not consider it. Judge Fite then advised him to re main in single blessedness if he was given a divorce, but he didn’t favor this, insisting that "home was no place with out a woman.” From his words, it was apparent he was considering taking unto himself his seventh wife. (Special Dispatch to The Journal.) GRAYS, Ga., Oct. 23.—Contrary to the expectations of every one a Jury for the trial of Nick Wilburn, charged with the murder of James King, was se cured a few minutes before 11 o’clock this morning. The Jury, as empaneled, is composed srt the following citizens of Jones county: J. C. Bivins, W. T. Bioodworth, H. C. Pearson, R. M. Bullington, Joseph James, W. T. Middlebrooks, John A. Middlebroks, S. W, Huff, O. L. Garrett. J. W. Watson, J. S. Humphries and W. L Mercer. Immediately after the completion of the Jury Solicitor General Joseph K. Pottle began his outline of the state’s case. . In his presentation of what th* state expected to prove, he reviewed the alleged crime from what the state claims was the beginning of the crim inal relationship between the accused and the wife of the deceased. Solicitor Pottle insisted that he had the right before the admission of any testimony to state to the Jury all the circumstances connected with an al leged confession made by Wilburn to R. N. Ethridge, treasurer of Jones county. The solicitor’s outline of what the state expected to prove was a plain, sordid narrative of a criminal rela tionship between Wilburn and the wife of the deceased King, having for its. final object the murder of King, that Wilburn might be uninterrupted In his relationship with King’s wife. TENSE ATMOSPHERE. The atmosphere was tense ip the court room and Judge Park from time to time admonished the audience that the full power of the law will be used in maintaining order. There Is a no ticeable restlessness among the spec tators that has evidently had its In fluence upon all the court officials. Jesse Barber, a negro, testified con cerning the defendant’s and the wife’s aleged relationships. Up to the noon adjournment of court the state had confined its effort prin cipally to proof of the alleged relation ship betwen Wilburn and Mrs. King. The state claims to be in possession of a complete confession made by Wil burn, which will be offered later tn the progress of the trial. BATTLESHIP TEXRS BEGINS TRIAL RUN (By Associated Frm.) ROCKLAND, Maine, Oct. 23.—The new battleship Texas, the largest ship in the United States navy and the most formidable fighting craft which any power has brought to the trial stae, be gan the first of her builders' official ac ceptance trials off Rockland today. Twenty-three ruiis over the one-mile course to standardize her propellers waa tte test given the Texas today. The first three runs were at ten knots’ speed. As the engines warmed to their work the speed gradually Increased. It waa expected that the late afternoon would find the battleship on her top speed run, which the builders were confident would exceed twenty-one knots. Peppery Talk By Minister I.S. PRAISED BY BARTLETT PIEDMONT, Cal., Oct. 28.—"Immoral ity has rlached such a pass as to stag ger belief,” says the Rev. John E Stuchell, pastor of the Interdenomina tional church here. "The new realms into which women are pushing—the of fice, factory and department store—are sapping their vitality.- The home la be coming a convenience where men and women live together in neglect of the duty . of parenthood. Our high schools are polluted with the breath from the pit." This is but a sample of the hot stuff handed out by the Rev. Stuchell. > Only Playing Ghost, Say Prisoners Held For Trying to Flee Warden Says Hawthorne Had Promised Trouble ROCKS THE CANAL ZONE NINE DIE IN STORM WHICH HITS GULF (By Associated Press.) COLON, Oct. 23.—An earthquake shock lasting about fifteen seconds oc curred here at 9:08 o’clock this morn ing. Houses rocked and clocks stopped but no Serious damage was reported in this city. The tremor has been exceeded in intensity by only one other recent shock. (By Associated Press.) NEW ORLEANS, Oct. 23.—A terrific storm that is reported to have cost at least nine lives, injured almost half a hundred persons and did great prop erty damage swept over a narow strip of southern Louisiana early today. Wires are down southwest of this city and news of the storm’s damage did not reach here until* after noon. (Special Dispatch to The Journal.) ROMPI, Ga.. Oct. 23.—Nick Carver, Dick McGovern and Harry Osborne, the three prisoners who it is alleged at tempted to escape from the Floyd coun ty jail a few nights ago, have written a letter to the newspapers in which they deny that they had any intention of trying to break jail. They say that they made their way out into the cor ridor from their cell through a hole that had been there for a year or more, and their only intention was to frighten the ! negroes confined in the Jail by playing ghosts. The jail officers, Jiowever, de clare that the three men were trying to dig their way through the outer wall. << Sioux Princess Seeking Work Night After?" Try Buttermilk College Boys x4s Domestics SAN DIEGO, Cal., Oct. 23-—A girl who recently applied here for employ ment claims to be the daughter of Sit ting Bull, the wily old Indian chieftain. She says her name is Mrs. Robert J. Keith and that she was divorced from A. H. Chajavat, a magazine writer, in 1910. VENICE, Cal., Oct. 23.—Buttermilk for the “morning after!” That is the remedy of Captain Cava naugh, of the local police department. He is going to appeal to the city fath ers for an allowance of buttermilk to administer as a soothing'stimulant to those released from jail after “a bad night.” ' SPOKANE, Wash., Oct. 23.—The wives of ranchers near here have solved the servant problem. Many of the young men students at Washington state col lege; compelled to earn their way through school, hired out as domestics during the harvest season, washing the dishes* mopping the floors and even cooking for their room and board. It gives the ranchers’ wives plenty of time for pink teas. Declaring that the recent sensational charges against the federal prison wer6 the work of “five or six disgruntled and unprincipled guards and employes who, for several"months, have been try ing to break down the administration and destroy discipline in order to make vacancies for themselves and their friends.” Warden William H. Moyer Thursday morning intimated that those behind the movement to discredit the prison will probablly face charges of insubordination and trying to incite prisoners to mutiny. “It is their good fortune,” stated the warden, “that they are not now facing more serious charges than these, but they will find these charges serious enough before the matter is ended.” The warden returned to the city on Thursday from Washington, where he went after attending the session of the American Prison association at In dianapolis. He says that Julian Hawthorne and Dr. W. J. Morton should not be too greatly blamed for the criticism as they were only doing what they had promised to do. PROMISED TO GRUMBLE. “The two discharged prisoners who made the sensational, charges,” said the warden, “should not be too severely censured because, as I have been in formed and believe, they were only doing what they probably promised to do. They were at most only the wil ling tools of some five or six dis gruntled and unprincipled guards and employes, who, for several months, have been trying to break down my adminis tration and destroy the discipline to make vacancies for themselves and their friends. It is their good fortune that they are not now facing a more serious charge than insubordination or trying to incite the prisoners to mu tiny, but they will find these charges serious before the matter is ended.” Marble Venus Causes Trouble SAN FRANCISCO, Oct. 23.—The lat est in trouble-makers i sa marble statue of Venus, which is the center of a court dispute between Dr. C. A. Nahl and his former sister-in-law. The statue re posed In the drawing room of Virgil Nahl and his wife Josephine for thir teen years. They were divorced. Later Dr. C .A. Nahl, brothe rof Virgil, claim ed the statue from Josephine, a$ he was the original owner of it. Josephine, however, refused to return it unless paid $135 for the care of the expensive bric-a-vrac. Dr. C. A. Nahl now de mands $100 for the use and pleasure Josephine has had from th© statue. High praise to President Wilson and to Georla’s two senators in the national congress was given in Atlanta Thurs day by Judge Charles L. Bartlett, of Macon, representative from the Sixth district of Georgia. Judge Bartlett was on his way back to Washington from a week’s leave of absence in Macon, where he sought to recuperate from the effects of six months of steady and hard work in Washington. * Judge Bartlett declares that the Dem ocratic party has stood loyal to its leaders, and that those leaders 'have stood loyal to the people, in enacting remedial legislation on the tariff and currency. He predicts the passage of the currency measure at this special session of congress. Courts Arrest j4s “Experience” Aged Swains in Fistic Battle MENLO PARK, Cal., Oct. 23.—“Oh, goody!” squealed Miss Laura Herron, tennis champion of Stanford university, when she was arrested recently for speeding in her auto. “Isn’t this grand I Thank you, Mr. Officer.” “This is just like a puncture,” she said to her friends. An autoist ought to be cheerful no matter what happens.” She had courted arrest for some time as “an experience.” # ■MEASURES 12.30 INCHES BERKELEY, Cal., Oct. 23.—Age can not blight the chivalrous instinct, as Edwin Cotton, eighty-two, and. Robert Kirby, seventy-five, recently demon strated when they fought* to a finish with fists and feeth over a woman they both admired. Black eyes were give^ and taken before they could be pulled apart. They did not reveal her name. Indians Used Heavenly Secrets SPOKANE. Wash., Oct. 23.—“Indian” Frazee, a full-blooded Spokane Indian, declares that long before the white man discovered the use of the fingerprint for identification the Indians used it. . Documents, agreements, treaties—all were sealed wit ha thumb print. “Al ways can tell who sign ’em,” he says. (By Associated Press.) GALVESTON, Tex., Oct. 23.—Rain fall from 7 o’clock yesterday morning until 9 o’clock last night in Galves ton amounted to 12.30 inches. There is little water In the streets today and street car traffic was resumed at 6 o'clock this morning. The Weather is clear today. No Slit Skirts For San Pedro LOS ANGELES, Cal.. Oct. 23.—It’s a, risky thing for a man to accompany a slit skirted woman in San Pedro. Ar thur Phillips was with Miss Ruby Bur bank while she was showing off a skirt slit above the knee and got a ten-day jail sentence because h© couldn’t pay a $10 fine. The woman was allowed to go under a suspended fin© of $60. *1 ■ -