Newspaper Page Text
(Special Dispatch to The*Journal.)
MACON, Ga.. Dec. 11.—The Williams
hotel, owned by the Williams Hotel
company, of Atlanta, F. G. Williams,
manager, burned to the ground at 5
o'clock this morning. The building is
less than two years old and was filled
with more than seventy guests. All of
the guests escaped.
Mrs. K. Miller and Miss Alice Miller,
of Atlanta, were carried down fire es
capes through flames in their night
clothing. Seveml other women were
rescued in the panic.
Judge H. A. Matthews, of the superior
’ court, was in the building and is one
of those rescued.
The loss is estimated at $100,000.
Mrs. F. G. Vangsles and little daughter,
W. S. Anderson and A. l,. Whitmer, the
latter two from Los Angeles, were
among those rescued by the firemen.
GUESTS IN PANIC.
The guests were thrown into a panic
when C. 1-1. Roach, night clerk, ran from
one floor to another, crying “Fire.”
Women and men clad only in their night
clothing tumbled down the fire escapes
and ran down the steps leading into the
lobby. Firemen rescued two women
from the second story.
WOMEN FIND REFUGE.
i Traveling men who. were guests at
the Dinkier readily gave up their rooms
to the women of the burned hotel. The
contents of the rooms on the third and
fourth floors were destroyed. The fire
men played several large streams on the
fire lor nearly an hour before the rag
ing ilames were put under control.
The building was completely gutted
by fire, and is considerable damaged
by smoke and water. Defective wiring
is supposed to have caused the fire. The
Williams hotel was one of the several
new hotels that have been erected in
Macon within the past two years.
LOSE WEDDING GIFTS.
Among the guests who suffered con
siderable loss, as the result of the fire,
are Mr. and Mrs. S. M. Loring, a bride
and groom since last Sunday. They
were so excited when called to hasten
from the hotel, that the groom locked
his door before escaping to the lobby,
and wedding presents, consisting of
jewelry and other gifts, valued at
$3,500, were destroyed. The, trousseau
of his bride was burned also.
A traveling representative for A. Levy,
a local jeweler, claims to have had
$10,000 worth of jewelry consumed by
the fire. He endeavored to return to
his room to save his jewelry samples,
but the intense heat drove him back
before he reached the second floor.
Andrew Jackson's Mint
Bed Has Disappeared
From White House Yard
(By Associated Press.)
WASHINGTON, Dec. 11.—What has
become of the historic White House
mint bed? No one seems to s- lfnow*, nor
who gave the order that led to its dis-
apearance.
Andrew Jackson is said to have plant
ed it, and no president since that time
Isas touched it, except to pull the rich
ly flavored twigs and leaves from the
branches of the plants. During all the
changes in the White House buildings
and grounds it has survived. But the
place where it grew is covered with
fresh earth and there is not a twig
ar a sprig or apparently, a root, of it
in existence. The bed was within a
few feet of the cabinet room and not
far from the president’s office.
Chicago's Bread Line
To Give Way to Cheap
Hotel With Real Beds
VERA CRUZ, Dec. 11.—Fighting be
tween rebels and federals for possession
of Tampico was in progress all day yes
terday and last night, according to re
ports received here today from Rear
Admiral Fletcher. A dispatch filed at
11 o’clock last night and received here
this morning said that the federal out
posts had been driven in and that the
insurgents had taken possession of the
left bank of the river from its mouth
to Tampico.
No foreigners have been injured, the
admiral said, nor has\any property been
destroyed. A number of refugees were
taken on board the scout cruiser Ches
ter and the cruised Tacoma. Other refu
gees were in buildings near the water
front.
"General Castro attacked Tampico
this morning. Reports indicate that
the rebel band is pushing back the fed
eral advance guard.
“I am taking all possible measures
to protect and care for Americans and
other foreigners, except British and
German subjects, who are being locked
after by their own representatives.
"The rebels are reported to be re
specting Americans and American prop
erty.”
SAFETY UNDER GUNS.
Under date of noon on Wednesday
Aldmiral Fletcher telegraphed:
"The federal forces at Tampico have
been reinforced and now number 2,000
men. The Tacoma and Chester are in
the river with 150 marines from the
American battleships aboard. A place
of safety for Americans and other for
eigners has been assigned under the
guns of the warships.
“The steamer Logician, which has
been chartered by the British admiral
and manned by a crew from the Brit
ish cruiser Suffolk, has all the British
residents of the town on board. All the
Germans are aboard the steamer Kron-
prinz Cecile.
“I have warned the leaders of both
sides that fighting will not be allowed
near the neutral territory assigned to
noncombatants nor near valuable for
eign property.
“No steamer is available for American
refugees.
“Firing continues in the suburbs. I
have hosted by flag on the Tacoma.”
HOUSTON, Tex., Dec. 11.—One hundred
and sixty-five persons perished, 20,000
people were driven from home and prop
erty was damaged to the extent of
$6,000,000 by floods that have torn through
several sections of Texas during the last
ten days. This was^the estimate com
piled from reports received from the af-
c. *<r V
M A C . ^ * -
SfJ Borrowing eggs
("FROM A RaJfE. CLP PRiht)
flicted teritory today.
The crest of the nood this forenoon
slowly was passing through the Brazos
river delta into the gulf.
fTALM YOURSELF,
i please^tiuiwoHe
MV lAWVCR
I SEP TrtFTlTLE To
Your house '*>
CLEAR "
MY S SWALLOWED
B»CHL0R»WE OF MERCURY! QUICK,
LET ME HAVE THE WHITE OF AH
EGr&! it‘s the ohly Arm dote!
here's the deed To our house
ANP ALL THE TAMILY JEWELS
AMT) SILVER TOR SECURITY!
X-Ray Shirts Cause
Expression of Horror
By Cleveland Women
Lottie Gets Her Lid:
Government Official
Falls for Her Letter
INCOME TAX CASE COES
TO U. S. SUPREME COURT
WASHINGTON, Dec. ll.-Lottie Les
ter, the little Seattle school girl who
sought to buy a Panama hat from the
government for ‘her father’s Christmas 1
gift will soon receive a brand new hat |
from Assistant Secretary of the Treas
ury Hamlin. Lottie recently wrote the
secretary that she had saved 63 cents for
a new Panama hat because a ‘ Belgian
hare bunny” had made a nest out of her
father’s old one.
‘ Uncle Sam wishes me to tell you that
he received your letter and was very
much pleased with it,” wrote Mr. Ham
lin today to Lottie. “He told me to go
right out and buy a Panama hat for you
as he did not want to send you one of
those he took from the naughty men
who tried to bring them into the United
States without payment of the full duty.
I found a hat this morning and ani send
ing it to you by parcel post.”
SLAYER SCHMIDT WON’T
SPEAK TO AGEO FATHER
CHICAGO. Dec. 11.—Chicago's bread
line will be abolished with the new
year. A hotel where real beds can be
had for 5 cents a night and where meals
will be furnished at from 1 to 5 cents
each will supplant the bread line Jan
uary 1.
Charles G. Dawes, former comptroller
of the curency, who has been host to
the unfortunates in the bread line, is
founder of the hotel, which will bear
the name “The Rufus Dawes Memorial.”
It will represent a father’s memorial
to a dead son. Connected with the hotel
will be free baths and a free employ-
men tagency .
A large flag, similar to the one raised
during the battle of Lake Erie by Com
modore Perry and bearing the words
“Don’t Give Up the Ship,” will adorn
the lobby of the new hotel.
KILLED WHILE HUNTING
DAY AFTER HIS WEDDING
(Special Dispatch to The Journal.)
" - 'THAN, Ala., Dec. 11.—J. A. Wa-
chob. of Compass Lake, Fla., was acci
dently killed Monday while hunting. He
was alone and when he failed to return
a searching party was organized to look
for him. Tuesday night the searchers
found him by the side of a fence, the
greater portion of one side of his breast
sliot away. His gun lay on th^ opposite
side of the fence.
Wachob is a young man well known
at Compass Lake. He was until recent
ly employed as a telegraph operator at
that place by the Atlanta and St. An
drews Bay railroad.
He is survived by a bride of five
days, having been married Sunday.
TWO WOMEN VOLUNTEER
TO SEEK LOPEZ IN LAIR
BINGHAM, Utah, Dec. 11.—Two women
sought permission at the Utah-Apex
mine last night to enter the workings
and appeal to Ralph Lopez, slayer of
six men, to give himself up in order that
they might obtain the $1,000 reward on
his head. Lopez took refuge in the mine
on November 27, where he killed two dep
uties In an underground battle two days
later, and all attempts since yto capture
him, dedd or alive, have failed. ,
The women said they believed Lopez’s
gallantry would induce him to surrender,
knowing that his days were numbered.
The singular request was not granted.
CHICAGO, Dec. 11.—The suit to test
the income tax law was thrown out of
the United States district court here to
day by Judge Landis, who decided he
had no jurisdiction. t
The effect of this decision, which does
not involve the constitutionality or un
constitutionality of the law, is to send
the case direct to the supreme court of
the United States.
The act is being tested in a suij
brought by Elsie De Wolfe, former ac
tress, now resident at Versailles,
France, against the Continental and
Commercial Trut and Savings bank of
Chicago.
Miss De Wolfe, owner of thirty of the
Appalachian Power company’s 5 per cent
bonds, was refused payment by the bank
of interest due on the bonds December 1,
last, because she had not filed the cer
tificate of ownership which the bank
Is required by the income tax laws. Her
suit is for interest due and damages
in the sum of $1,000.
In presenting his case, Bourke Coch
ran, counsel for Miss De Wolf, assert
ed the law taxes only 423,000 persons
out of a population of $90,000,000, which
he said was imposed on them without
tlieir consent by the untaxed remainder
of the population.
Frozen Eggs
Solve High
Living Cost
NEW YORK, Dec. 31.—The aged
father of Hans Schmidt, who came from !
Germany to help his son now on trial
for the murder of Anna Aumuller, wept
in the court room today when Hans ig
nored his presence.
When the elder Schmidt called at the
Tombs prison today the prisoner would
not receive him. Ilans, however, said
he would like to talk with his sister,
who accompanied their father from the
family home in Germany, and it was
said that she might be allowed to visit
him later in the -'day.
The prisoner's father was in the court
room when the trial was resumed. Aft
er gazing at his son a few minutes he
walked out, with tears rolling down his
cheeks.
The prosecution continued the pre
sentation of evidence to show that when
Schmidt killed the girl, cut up her
body and threw it In the Hudson river
he followed a carefully premeditated
plan and acted in a way that proved
him sane.
Schmidt's counsel, against his will,
it is said, are trying to prove that he
was mentally irresponsible for these
acts which he has confessed.
Love Notes Over Yea§
Chasing Sweethearts
Over the Wide World
Forgetfulness Costs
Macon Politician Fine
For Smoking in Court
(Special Dispatch to The Journal.)
MACON, Ga., Dec. 11.—James B. Tur
ner, one of the best known business men
of Macon and a politician, is absent-
minded. He is a smoker of good cigars
and unless he is accompanied with a
roll of the weed, he is lost.
Yesterday he ventured into the city
court room while Judge Hodges was
disposing of a criminal case. He had
a lighted cigar in his mouth. Until
after he had taken a seat he forgot all
about his cigar. Catching the suspicious
look of the judge, he was reminded of
his cigar, and as hastily as possible, he
placed the smoking weed under his hat.
Judge Hodges looked again and dis
covered the smoke curling from under
the hat. “Have you a lighted cigar in
court, Mr. Turner?” inquired the court-
Arising immediately and a little excited,
he replied that lie had endeavored to
“choke” the weed under his hat.
“Just pay the clerk $5,” was the next
command from the court. Mr. Turner
paid.
SAN FRANCISCO, Dec. 11.—Harry T.
Plunkett, civil engineer, is on his way
to Topeka. Kan., today to claim a bride
whose letter of acceptance was written
fourteen months ago, and was only re
ceived by him an hour before the depart
ure of a train for the east yesterday.
Two years ago Plunkett met Miss
Ruth Forrestt at Topeka and fell in
love with her. Soon afterward the
young \\om~n left for a tour of the
world. Having delayed asking Miss For
restt to be his wife Plunkett finally
proposed ly letter. He afterward went
to the Orient, where he inspected oil
properties in Korea and Manchuria.
Meanwhile Miss Forrestt continued
her trip. The letter of proposal followed
her from one country to another but
did not reach her until she returned
home. "tTi.en she finally received the
letter the envelope had been addressed
in sixteen different languages.
Miss Forifstt replied, accepting. This
letter crossed the Pacific six times ar.d
made numerous trips up and down the
Facific coast. Plunkett arrived here yes
terday srd received Miss Forrestt’s let
ter, the envelope of which was almost
covered w’th notations in Chinese, Tap
anese, Korean and other languages.
Plunkett had an hour to catch a fast
eastbound train. Before starting, how
ever, tie telegraphed the young woma'n
that he was on his way.
Dr, Mary Pennington, Expert,
Tells Congress Committee
How to Cut Housekeeping
Bills—Dried Eggs Good, Too
FARM BOYS AND CIRLS
SEE WASHINGTON SIGHTS
CLEVELAND, Dec. 11.—Cleveland and
Cuyahoga county women club members
are today being enlisted in a war against
present day modes of feminine wearing
apparel.
The movement follows an attack on
prevailing styles made last night at a
convention of the County Women’s
Christian Temperance union when reso
lutions were adopted which recited that
“whereas, many women are given to
immodesty as expressed in wearing ap
parel, and, whereas this body believes
such a practice tends towards the de
moralization of society, the destruction
of homes and the extension of thfe white
slave traffic, therefore be it resolved
that wo condemn all transparent wear
ing apparel’ or any other kind which
unduly exposes the form or figure of
women and take a stand for simplicity
and modesty, which are expressions of
character in dress.”
The clubwomen plan to reform the
garment-makers themselves if possible.
If the designers refuse to listen the
leaders of the crusade declare they will
find other means to accept their ob
ject. Women Christian Temperance union
organizations in other cities will be en
listed in the understanding, which it is
hoped to make country-wide.
WASHINGTON, Dec. 11.—Dr. Mary E.
WAITING TOT
Pennington, in c
work of the department of agriculture,
told the house agriculture committee to
day that frozen and dried eggs would
solve the problem of high prices.
“Frozen and dried eggs,” said Dr.
Pennington, “soon will be available to
every household. Hard frozen eggs will
keep a year and there is no question but
that dried and frozen eggs will ulti
mately displace the cold storage varie
ty.”
Eggs cannot be kept in cold storage
and be fit for food longer than ten
months, she asserted, and added that
dried and frozen eggs did not lose any
of their nutritive value.
Holds Lock of Dickens'
Hair Is Antiquity and
Therefore Not Dutiable
(By Associated Press.)
NEW YORK, Dec. 11.—Charles Dick
ens’ hair, just a lock of it, valued at
$200, is causing a stir at the customs
house. The lock of hair was sent here
in a consignment of rare books for a
local dealer, who declares the hair was
included in the consignment without his
knowledge, and who refuses to pay the
$70 duty for the hair aes demanded by
government officials.
Articles of antiquity must be 100
years old to enter this country duty
free. Dickens was born in 1812, more
than 100 years ago, and it has been ar
gued that for this reason the hair should
be admitted free, even though the lock
was cut in later life. The customs
house officials maintain, however, that
the lock is not yet an antiquity and
must pay the regular duty on hair, 33
per cent of its value.
The dealer involved has taken the
case to the secretary of the treasury,
asking to be permitted to take the
books out of the customs house and to
have the hair returned to the consigner.
WASHINGTON, Dec. 11.—Champion
boy and Sin farmers from thirty states
arrived here today and for a week will
be the guests of the department of agri
culture. There were eighty in the party
and each has a record for achievements
in raising either corn or potatoes or for
having the best and most profitable veg
etable garden.
The boys and girls will spend the week
in sightseeing in and about the capital.
For several years the department had
awarded trips to Washington to cham
pions of boys' corn clubs but this is the
first time girls have been included. There
are neariy as many girls as boys in the
party that arrived today.
While the ooys and girls are sightsee
ing, the leaders of the boys and girls’
club movement will hold their annual
conference to discuss the extension of
the work. Marketing canned goods, co
operative buyJng and selling, and use of
labels for standardizing club products
are on the program.
Two Gas Victims Die;
Wedding of Third to
Be Postponed Now
Adam and Eve's Eden
Will Blossom Again,
Under Irrigation Plan
Two Peace Prizes to
Be Awarded This Year,
Each Worth $40,000
Forty Schooll Gir‘s
Frightened at hire,
Rush Out Into Streets
LONDON, Dec. 11.—The first step in
the work of restoring the prosperity of
Mesopotamia, once the granary of the
world by means of irrigation is de
scribed in a Constantinople despatch to
the London Dally Mail. Sir William Wil-
cocks, who designed the works for the
Turkish government often asserted that
the garden of Eden once flourished in the
district between Babylon and Bagdad.
The formal opening of the Euphrates
Barrage takes place Friday. The Bar
rage, which is at Hindia, about forty-
seven miles north of Bagdad, Is the first
completed part of the extensive irriga
tion works undertaken by the young
Hurk government for the improvement
of Mesopotamia
Further works still remain to com
plete the scheme of converting the coun
try into a second Egypt and restoring
the ancient granary to the empire. Not
ably among the uncompleted works is
the Habbani Escape, which will allow
the surplus floods to flow in an adjacent
lake, thence to a large natural depres
sion, thus avoiding the submersion of the
area between the Euphrates and Bag
dad.
MUCH POULTRY SPOILED
DURING WARM WEATHER
PROVIDENCE, Dec. 11.—Forty girl
pupils atx.a fashionable boarding school
in the East Side section of this city
were hurried in scanty attire to the
street when tire was discovered early to
day in a new and unoccupied addition
to the school. Although the girls, who
are from sixteen to eighteen years old,
were badly frightened, there was no
serious panic and no one was hurt.
(By Associated Press.)
CHRISTIANIA, Dec. 11.—As no Nobel
peace prize was awarded last year,
there were two for disposal this year,
each of them worth $40,000.
The report of the committee refers
to Senator Elihu Root’s work in paci
fication of the Philippines and Cuba,
and in the handling of the American-
Japanese .dispute. It praises his high
ideals, hip prominence as a statesman
and his constant efforts to promote in
ternational peace.
Reins of Government
In Atlantic City Held
By Woman for a Day
ATLANTIC CITY. N. J., Dec. 11.—For
the first time in the history of this city
the duties of mayor today were in the
hands of a woman. The fire commision-
ers were absent for the day and the
reins of the city government were held
by Miss Jessie M. Townsend, city
comptroller. Miss Townsend is twenty-
seven years old.
WASHINGTON, Dec. ll.-Reports re
ceived by the department of agriculture
from all over the country tell of an un
precedented spoilage of dressed poultry
during the exceptionally warm weather
preceding Thanksgiving day. In view of
the scarcity and high prices of meat
foods, the department experts regard
such a universal waste as almost a ca
lamity.
It is stated that not a single pound of
this poultry would have been spoiled if
shippers and handlers followed proper
methods of chilling, dressing, storing
and handling of poultry. Poultry dealers
are urged to follow suggestions of the
department in the handling of their
goods to prevent a repetition of this
waste at Christmas time.
“The value of poultry destroyed in
New York City by the board of health
around Thanksgiving amounted to more
than $100,000,” says a statement, “and
this is little when compared with the
quantities which dealers refused of their
own initiative. Many tons of these prod
ucts went to the fertilizer or crematory.”
COLUMBUS, Ohio, Dec. 11.—Miss Bar
bara Hart, of Caruthersville, Mo., died
this morning as a result of gas as
phyxiation. Her death occurred almost
simultaneously with the funeral of her
grandmother, Mrs. L. B. Hart, of Wor
thington, Ohio, who was found dead on
Tuesday in the Hart home at Worth
ington.
Miss Rachel Hart, sister of the young
woman who died today and who was
also overcome, is believed to be recov
ing. The latter’s marriage to Dr. Ed
gar Allen, of this city, announced to
occur on December 27, probably will be
postponed.
Miss Barbara Hart was to have been
married to Calvin Howe, of Duluth,
Minn. * The Misses Hart had only re
cently inherited a legacy of $500,000.
Attorneys Charge Judge Erred
in Refusing New Trial When
in Doubt as to Guilt or Inno
cence
HOUSE COMMITTEE TOLD
OE LIQUOR'S DEADLY WORK
(By Associated Press.)
WASHINGTON, Dec. 11. —Spokesmen
for the Anti-Saloon league and the
Woman's Christian Temperance union
urged the house judiciary committee to
day to report favorably the resolutidn
for a prohibition amendment introduced
by Representative Hobson.
Mr. Hobson outlined the purpose of
prohibitionists to submit practical evi
dence to the committee from time to
time of the devastation in the country
caused by the use of alcohol.
Dr. Purley F. Baker, president of the
Anti-Saloon League of America; Dr. Ru
fus W. Miller, representing the commis
sion on temperance of the federal con
ference of churches; Lillian M. N. Ste
vens and Mary Harris Armor, of the
Woman’s Christian Temperance union,
also urged the amendment/
Falls From Balcony;
Life Saved When She
Lands On Another Girl
(Special Dispatch to The Journal.)
WAYCROSS, Ga., Dec. 1L—Miss Ma-
ble Bailey, daughter of Mr. and Mrs.
L. R. Bailey, fainted during exercises
at the Central school auditorium today
and before classmates could catch her
plnuged head first over the balcony rail
ing.
In falling she struck on Miss Susie
Hopkins, daughter of Mr. and Mrs. J.
E. Hopkins and both were seriously in
jured.
The fact that Miss Bailey fell upon
Miss Hopkins probably prevented h«r
head being crushed on the iron rail
ings of the seats.
Cripple, Aged 75 Years,
Convicted as “Tiger"
(By Associated Press.)
VALDOSTA, Ga. Dec. 11.—Dr. L. B.
Beauchamp, aged seventy-five years and
a cripple, was convicted yesterday of op
erating a blind tiger at his residence. He
was sentenced to a year at the state
farm at Milledgeville, by Judge Cran
ford. According to the evidence Dr.
Beauchamp received 450 pounds of liquor
within twenty-two days.
This is not the first time Dr. Beau
champ lias been arraigned on the blind
tiger charge. The first time he was ar
raigned the jury not only acquitted him
but took up a collection l’or him. The
next time he read from the scriptures
and quoted poetry to the jury and was
acquitted.
Attorneys for Leo M. Frank today
served Solicitor General Dorsey with a
cdpy of their brief in the appeal for a
new trial for the alleged slayer of Mary
Phagan and this, with the brief of the
solicitor, will go to the supreme court
Friday.
In the brief the entire case is re
viewed at length and special stress is
laid on Judge L. S. Roan’s statement
when he overruled the motion for new
trial that he had not been convinced
either of the defendant’s guilt or his
innocence. On this point the brief says:-
“There can be no doubt that Judge
Roan did not sanctify this verdict by
the exercise of that discretion which
the law demands.”
The argument of the Frank case be
fore the supreme court has been set for
December 15, and it is practically cer
tain the case will be called then. The
state’s brief will be filed Friday after*
noon.
In commenting on Judge Roan’s state
ment when he overruled the motion, the
defense says in part:
“This court, keeping in mind the dan
ger and the temptation, has repeatedly
reversed the court below when it ap
peared from the record that the trial
court, from timidity or from misappre
hension as to the law, failed to exercise
his own discretion and substittuted the
verdict of the jury for that discretion
which it is his solemn duty to exer
cises.
MUST LOOK TO RECORD.
“It is of course true that in determine
ing whether the court has exercised or
failed to exercise his legal discretion,
this court will look solely to the record,
giving full force to the presumption
that the court has exercised his discre
tion and that the verdict does, in fact,
meet his aprobation. In the present
case the court rendered an oral judg*
ment as will be seen from the bill of
exceptions. The whole of the Judgment
was not incorporated in the order over
ruling t’.e motion for new trial, but the
whole of that Judgment was set out in
the bill of exceptions.
“In determining Just what was the
judgment of the court in overruling the
notion, this court will look to the whole
record. If the record itsc’- and the bill
of exceptions are inconsistent, of the’
two the record will prevail. When, how
ever, there is no such-inoonsistency and
it is legally possible to reconcile the
record and the recitals In the brief of
exceptions, this court will do so and
give full force not only to the record
bui to the recitals of the bill of excep
tions as well. /
“In doing so there can be no doubt
that Judge Roan did not canctify this
verdict by exercising that discretion
which the law demands. The words of
his judgment betray on his part of mind
wholly inconsistent with that settled
conviction which the trial judge ought
to possess in denying a motion fop- new
trial, lie was not thoroughly convinced
that Frank was guilty; he was not thor
oughly convinped that he was innocent;
he did not have to be convinced; con
viction was not a part of his duty; that
was the province of the jury; they were
convinced and fheir conviction was to
determine the matter, although he was
still unconvinced.
“TURMOIL OF DOUBT.”
“What must have been the state of
mind of the trial judge when he denied
this motion? What a turmoil of mental
doubt and vacillation must have over
whelmed him. Think of the case as he/
might and as much as he said he did/
he was still unable to find a yard of
solid conviction upon which to stand.
Try as earnestly as he could, he
reached and could reach no conviction
that satisfied his heart or his con
science. Unsettled and perturbed, with
no hope for peace or rest, he casts the
whole burden upon the jury. Undoubt
edly they had been convinced. He was
unable to become so, and in his di
lemma he put forward the discretion
of the jury as an excuse for not ex
ercising his own.”
The brief then cites half a dozen
cases on which the defense bases its
contention that judge when not sat
isfied with the verdict of the jury
should have granted the motion for a
new trial. /
Much space is devoted in the brief to
the legality of the admission to the
jury of the perversion charge in Con-
ly’s evidence, and also to the ad
mission of cerfain questions asked char
acter witnesses by the solicitor gen
eral. And many cases are cited to*
support the defense’s contention that
Judge Roan erred in admitting this evi
dence.
Every ground in the motion for new
trial is covered in the bjief and de
cisions of the supreme court are quoted
to substantiate th| claims that the trial
judge was in error.
The brief covers 389 printed pages of
ordinary book size and form. About half
is said to have been written by Attorney.
R. R. Arnold, and the remaining half
by his associate counsel for the defense,
Attorney Luther Z. Rosser.
ATTORNEYS OF RECORD.
The attorneys of record appearing in
the brief are Rosser & Brandon, R. R.
Arnold, Herbert J. Haas and Leonard
Haas. ' |
Tbe brief is divided into two parts, the
first being devoted to a narrative of the
case, beginning with the discovery of the
crime, the police work on it, the arrest
of suspects, the arrest of Frank, devel
opments leading up to the trial, etc. The
second deals with the many grounds set
down in the motion for a new trial
which Judge L. S. Roan denied. In this
part much stress is laid on the fact that
Judge Roan declared, when ne denied
the new trial motion, that he was not
convinced as to the guilt or innocence of
the accused.
Solicitor Lorsey and Attorney General
Felder were engaged Thursday morning
in the later’s office at the capitol on the
conclusion ot the state’s brief in the
case. This will cover some 180 typewrit
ten pages, and will deal almost entirely
with points of law. . »
Dies at 101 Years
PITTSBURG, Dec. 11.—Mrs. Eliza
Lackley, aged 101, died in the county
home here yesterday of pneumonia.