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E8TABLI8HE0 1832.
ATHENS, GA., THURSDAY MORNING, APRIL 17, 1913.
E8TABLI8HEO 1832.
BANKERS: NEW TRIAL
Court of Appeals Reverses Decision of the
Superior Court and Declares it Repre
hensible for Counsel to Seek to
Commit Judge in Advance.
(Special to the Banner.)
Atlanta, Ga., April 16.—The state
court of appeals reversed Judge Chas.
Brand, of Clarke Superior court, today
In hli refusal to permit J. W. Griffin
and R. H. McCrary, former president
and former cashier respectively of
the defunct Athens Trust and Bank
ing Company to withdraw their pleas
of guilty to an Indictment charging
them with having accepted deposits
when they knew that the bank was In
an Insolvent condition.
Griffin and McCrary entered a plea
of guilty with the understanding that
they would be sentenced as for a
misdemeanor, but Judge Brand sen
tenced each to five years in the peni
tentiary, which was a felony penalty.
Immediately after sentence was pass
ed they made a motion to withdraw
their plea of guilty and stand trial on
the Indictments against them, this
motion was denied by Judge Brand
a misdemeanor punishment be lm
posed but rules simply that the ac
cused are entitled, if they so desire
to join issue with the state and go to
trial on all of the Indictments. If
they are legally convicted, the punish
ment to be meted out within the stat
utory limits, is absolutely within the
discretion of the trial judge.
"In the course of the opinion the
rourt says: 'It is very reprehensible
for counsel for person accused of
crime to seek to have the judge com
mit himself in advance in reference to
the punishment to be imposed and It
Is even more reprehensible for the
judge so to commit himself."
News Surprised Athens.
The above is the dispatch of yester
day afternoon to the Banner from its
regular Atlanta correspondent. Yes
terday morning about 11 o'clock he
wired this paper the bare fact of the
u
yy
Georgia Reserves will
Soon Tackle Tech
Reserves and
Vice Versa.
The Georgia “Reserves" will go
over to Atlanta for a game with the
"Scrubs” of Tech next Saturday. The
Tech second team will come over to
Athens for a game on Memorial Day.
The line-up of the Georgia reserves is
us follows: Cannon, right; Autrey,
second; Gillis, center; Brannen, first;
Holden, third; Conimorata, short;
Brooks, left; Rolbert and Rawson.
catchers; Darden and Link, pitchers.
Goldsmith and McCrary will go as
subs to the scrubs.
MR. ROBERT H. McCRARY,
Cashier cf the defunct Athens Trust and Banking Company.
and the defendants appealed to the
court of appeals.
The decision of the court of ap
peals was announced by Judge Pottle
In a lengthy opinion (some 6,000
words) in which numerous decisions
were cited in support of the rulings
made.
As a result of this opinion Griffin
and McCrary will be allowed to with-
'draw their pleas of guilty and go to
trial on the merits of the case against
them.
Some of the principal features of
the opinion are summarized in the fol
lowing headnotes: "A plea of guilty
being but a confession of guilt in
open coart ought to be received with
rare and scanned with caution.
“It ought never to be received un
less freely and voluntarily made and
If entered under a misapprehension
as to Its legal effect or consequences
which are to follow, honestly enter
talned because of representations
made or Inducements held out either
by the court or by counsel for the
state, the prisoner ought to be nl
lowed to withdraw the plea even nftei
sentence, If he moves promptly on dls
covering that he has been misled.
“While the record discloses that the
trial judge declined to commit hlmsell
In advance In reference to punish
ment to be imposed the undisputed
evidence shows that special counsel
for the state with the concurrence of
the solicitor general, entered into an
agreement with counsel for the ac
cuscd and that he consented for all
of the indictments, except the one
upon which the plea was entered to
be settled upon payment of costs, al
though the judge had previously de
fined either to approve or disapprove
fio agreement, held, that while coun-
el had no authority to bind the judge,
\t where a motion was made In duo
to vacate a sentence of five
iirs in the penitentiary and to al-
the plea of guilty to he withdrawn,
the foregoing facts were made to
car it was error to deny the mo
The agreement among the attor
not being biuding upon the trial
this court will not direct that
GRAND JURY MAY IN
DICT BLUE SKY ARTISTS
If the grand jury follows the sug
gestions in the judge's charge and
finds the material hereabout to work
on there may be Indictments at this
term of court of violation of the ‘‘blue
sky” laws—true bills against those
who sell stocks that are worthless.
The Judge charged that if this sort of
cheating and swindling is found to
be going on It does not matter if the
cases have been settled between par
ties the grand jury should indict any
way—settlement Is not squaring with
the broken law, he stated.
SECOND WEEK OF
IT
DEATH OF BRIGHT
LITTLE BOY
Yesterday evening just as the shad
ows fell gently over the world a deep
er shadow fell over at least one Ath
ens home—that of Mr. and Mrs. B. A.
Crane, where the little son of the
household, Ben A., Jr., who had been
for several days slipping away to
ward the borderlaud, breathed gently
his last baby breath and went to be
with the angels.
The little one was bom Sept. 17,
1909. For some weeks he had been ill,
and for some days past critically ill.
The best home physicians and experts
from Atlanta did all skill could accom
plish. The disease was pronounced
tubercular meningitis. The young
parents bat e the sincere sympathy of
scores of friends in this bereavement.
The grandmother of the little fel
low. Mrs. Crawford, w-as on a visit
to friends In SL Joseph, Mo., and the
train bringing her home was late yes
terday; she will not arrive till today.
The funeral, therefore will be on
Friday, the hour and details to be an
nounced later. The services will be
conducted from the home by Revs.
Hill and Jarrell sometime Friday.
Principal Case Calendared for
Yesterday Was Continued
for Term.
reversal of the superior court by the
court of appeals, and the Banner post
ed the news upon the public bulletin
boards, where scores read It with in
terest. Expressions of surprise at the
decision were freely given on all
sides. The attorneys for the defend
ants were gratified of course and
when the news of a chance for a new
trial was carried to the two men in
jail they immediately Indicated their
feelings in brighter faces than they
have shown in several months.
Turn of the Case.
Ten days is the time allowed for
the state to file notice of a request for
a re-bearing In a criminal case. Af
ter ten days the court of appeals
transmits its findings formally to the
clerk of the court in this county. The
solicitor general may. If he chooses,
request the appellate court to give
out the decision before the ten days
are out. If the court does not see
fit to formally inform the lower court
of its findings till after the ten days
expire then there will be no new
trial till the next term of rourt In
October unless an extra term is called.
The derision of the lower court di
rects that the sentences be sot aside
and the defendants allowed to with
draw their pleas of guilty. When the
case is called In Judge Brand’s court
the motion will be made to this ef
fect and this motion granted.
A motion for ball will be mado In
case there is occasion to continue or
oass the case. The judge may or may
not grant the defendants privilege of
making bond. It is hardly possible
that the case will be heard at the
present term of rourt. It has been
•nlkcd considerably that there may
be a motion for a change of venue,
and if that course Is taken there la
certain to be Intense Interest renew
ed in the case.
The following names were yester
day drawn by Judge Brand In open
court to serve next week—the second
eek of superior court of Clarke coun
ty: John W. Thomas, Francis Jack-
son. Dink Martin, J. M. McCurdy, Bil
lups Phlnlzy, F. M. Holley, Harry Fa
tal, Jay H. Eptlng. R. J. Hancock, H.
B. Mitchell. C. H. Newton. C. A. Scud
der, John W. Harris. C. D. Campbell,
1'. J. Kerlln, Jesse M. Allen, A. H.
Davison, Thomas L. Collier, W. L.
Childs. J. B. L. Cobb. Chas. H. All-
gcod. Fred J. Orr, jQhn O'Farrell. Her
bert Baugh, W. R. Smith , Herschel
Carlthers, J. W. O'Kelley, I. A. Brad-
berry, C. D. Booth, J. T. Dean, D. E.
Sims. A. P. Dearing, H. L. Stewart,
D. A. Daniel. A. M. Burch, W. F. Betts,
John J. O’Kelley. R. E. Williams, C.
I,. Jossey, D. J. Conlon, W. H. Fowler,
L. M. Fowler, Rufus R. Thornton, W.
P. Lester, Ernest Michael, H. L. Mul
lens, J. H. McKinnon, M. M. Stephen
son.
These Jurors are to be served to ap
pear at the court house at 9 o'clock
next Monday morning.
BEST MEETING YET
AT YOUNG HARRIS
The principal case on the calendar
for the superior court yesterday, that
of Mrs. Sallie P. Thomas, widow of
the late Dr. D. A. N. Thomas, against
the G. M. and S. A. L. railroad com
panies jointly, for damages for the
death of her husbandf was continued
for the term, being set for the first
case at the next term of court. The
continuance was on account of the
illness of a child of the plaintiff and
for other reasons.
The case of DeLoney vs. Hull was
argued, a demurer, and the judge re
served his decision in the matter till
a later date during court
In the case of the Terra Haute
Brewing Company against J. B. Mitch-
ell. National Cash Register Company,
claimants, the levy was dismissed.
One criminal case was disposed of:
Zep Wall, a negro, indicted this week
by the grand jury for larceny from
the house, was given a fine of 975 (or
eight months) after pleading guilty.
He was the thief who stole such a
phenomenally various assortment of
articles from one of the chapter
houses a few weeks ago.
TO REPEAT
By Request Thalians
Are to Repeat The
Devil’s Disciple
Friday.
On next Friday afternoon at the Co
lonial Theater the Thalians will give
a special matinee performance of
their recent success. The Devil's Dis
ciple. This is done In view of the
fact that a great many who Intended
attending the first performance were
prevented from so doing by tbe rainy
night. Many others also have since
the enthusiastic reception and favora
ble comment received by the play, ex
pressed a desire to see It. A third
reason is that tbe receipts from the
first performance were not sufficient
ly large to cover the unusual expense
—and It Is believed that the second
production will raise this deficit.
The manager of the Colonial has
kindy reduced tbe usual price of the
theater—and the Thalians are able,
therefore to offer this splendid play
at the prices, 25c and 50c.
This play has been acclaimed the
finest of the many good plays this
club has presented and the interest
of cultured Athens has been aroused.
It Is believed that a large number,
exclusive of the college community
will come out to see this wonderful
drama by Bernard Shaw, presented
by one of the best dramatic cluos in
the country.
JAMES SMITH
BLOCK
i
Yesterday morning work was begun
clearing away the rubbish, digging up
the trees, and otherwise preparing for
construction on the old Speer proper
ty, corner College and Washington.
Hon. James M. Smith recently bought
the place and will erect a business
block. The contract has been let to
the Smith Construction Company of
Athens. The work on the modern two-
story building will be pushed rapidly.
Pupils of Miss Willis Assisted
by Students in Expression
Class.
Fresh Green Beans
New Irish Potatoes.
Small tender- Squash.
'.mold & Abney. Phone 1078.
Angel Cake 25c.
Fine to servo with strawberries.
Fresh today. Arnold & Abney.
At Young Harris church yesterday
ihe best congregations and the best
meetings in every vav of the entire-
series of protracted services wer<
he’d. Larger crowds in the morning
and at the children s service in ihe
atternoon greeted the preachers and
iast night the house was packed. Sev
eral professed conversion and the re
sults of the meeting will be a large
number added to tho church member
ship, many reformations In life and
conduct, and a great uplift to tbe
rhurch.
There will be service* today at
10:30 and tonight at 8 and there will
be a great mass meeting for men only
on next Sunday afternoon at 3:30.
PROMINENT CORPORATION
LAWYER HERE YESTERDAY
Col. H. H. Dean, of Gainesville, ona
of the most prominent and success
(ul corporation lawyers of the state,
was here yesterday, representing the
G. M. R. R. In the case of Mrs. Thom
as against the road. Mr. Dean reports
some valuable business In sight re
sultant from the opening of the fine
timber and mineral secUon through
which the new Gainesville and North
western Railroad now runs.
There will be a delightful recital
given by the puipls of Miss Willis, in
piano, at the Lucy Cobb Institute par
lors, Friday evening at half after
eight o'clock. The pupils of the de
nartment of expression will assist the
music pupils in tbe recital and the
program will be one of real pleasure.
The public is cordially invited to at
ud the recital.
This morning at 2 o’clock advices
stated that the condition of Pope Piu3
X was unchanged from the bulletined
renditions during the day. Neither
for the better nor the worse is there
indication of change.
Local Dealer Wantec
By Georgia manufacturer, for their
well-advertised staple product. A me
dlum aged married man preferred. No
canvassing. For Interview call Sanges
Hotel, Room No. 227. It
'1 THE BRINK”
IN THE LUCKY SEVEN
Yesterday Afternoon the Red and Black
Defeated Their Old-Time Rivals in a
Four to Two Game Which Was
Taken in “Lucky” Seventh.
Beginning tonight and continuing
the latter half of the week, the John
Lawrence Players will offer a com
plete novelty at the Colonial. Their
play will be a six-act comedy drama
entitled, “On the Brink of Ruin.” Tho
play deals with theatrical life and
tells the tale of a young country girl
who becomes stage struck and joins
a theatrical troupe. The second act
of the play depicts a rehearsal scene
on the bare stage of a New York The
atre. In this act the audience is
given a glimpse of “behind the
scenes."
The third, fourth and fifth acts of
the play take place upon a stage ar
ranged upon the stage and consists
of the play which the actors rehearse
In the second act. The last act takes
place In a hotel parlor Immediately af
ter the "opening night” of the piny.
Special scenery and electrical ef
fects are used In all six act3 and the
play promises to be the best so far
produced by this excellent company,
who are now In their seventh week at
the Colonial.
Georgia and Alabama fought out
one of the most interesting games of
the season yesterday afternoon, tho
Bed and Black copping In the “lucky
seventh” by the Bcore of two to four
Until this period of the afternoon's
pastime it looked as if the visitors
would get away with the most unusual
game that some 1,000 local fanatics
ever witnessed. Until Captain Mc
Whorter dropped that little Texas
leaguer just over seebnd the Tusca-
loosans led two to oae, yet they had
made but two measley hits to Geor
gia's seven with the errors bad brok
en even, but those committed by Geor
gia were of the costly variety and
despite the continued safe bingles
from Georgia’s gatliu gun batters the
base running was miserable and in
the fourth three successive hits failed
to net a single run. As It 'twere Geor
gia got away with the bacon, but II
the blowup had not come in the sev
enth the loss of the game would have
been hard to explain.
Georgia Scores in Second.
The prospects of victory broke for
Cunningham's collection in the sec
ond stanza. Covington established
himself on first by the good graces of
Mr. Moody who is some booter when
it comes to football, maybe he can't
get out of the habit. Erwin drew a
lilt batter's place in the box score
v/hlle Corley, who pitched a two hit
game, by the way, elected to hurrj
things along a bit with a single that
brought the initial tally across tho
rubber. It was the next Inning that
Georgia connected tor three hits and
no runs and when Alabama tied tbe
score. Captain McDowell singled to
left and waa immediately sfralfttgi
second and as Vandergraff whiffed ho
stole third and when Covington muff
ed the throw come home. Corley fan
ned the next man up and likewise tbe
next three to face him.
Alabama Takes the Lead.
In the sixth the visitors forged
ahead with another run, this time as
sisted by a hit and an error. Tho
pitcher lifted one by third for a base,
went to second on a sacrifice and to
third on an infield out and came
home on S.iort’s boot. The next man
fanned again. The Georgia batters
had taken gently to Stevens’ curves
all during the game and were destin
ed yet to brink up the game before
the final count and in the seventh.
The Game Was Won.
Clements was the first up and ho
got his second hit of the game when
he singled to left. Ginn hit one to
third that wont for a hit and Harrison
moved both up a block with a neat
sacrifice. With two on and one out
Bob came to bat at the time to make
good. The captain, who is leading tho
team In batting, hadn't connected safe
ly since the second Michigan game
and when he had gone this long with
out a hit the opposing pitcher had
better walk him ever time up. Well,
this is the very thing that Mr. Stevens
did not do and when he lifted a high
one over second tho Alabama fielder*
did the Alfonsc and Gaston stunt
while the tying runner come home
Ginn was then caught in a chase be
tween third and second and on a high
heave to the branch tn center both
Ginn and McWhorter came in with the
winning runs. All simple enough af
ter the game is won.
Corley Pitched Neat Ball.
But two hits were garnered off the
delivery of the Red and Black fllngei
and with jam-up support Corley would
have marked up another shutout. He
walked but two men and never hit a
halter and with men on bases was aa
steady as a four-yearer.
The game was a thriller all In all
and the one today promises to be as
good. It will start at 3:30. Tickets
are on sale at Costa’s.
The box score for details.
Georgia.
ab. r. h. sb. po. a. e.
Ginn. :f . .
Harrison, 2b .
McWhorter, cf
Hutchens, c .*
Henderson, lb
Covington, 3b
Erwin, rf . .
Corley, p 4
Clements, ss . . 4
Totals .
Joplin
McDowell, lb .
Peebles, cf .
Vandergraff, rf
Nathan, If . .
Moody. 2b . .
Longshore, 3b .
Wells, c . . .
Stevens, p . .
Totals . .
Score by innings: R. H. E.
Georgia 010 000 30x—4 9 3
Alabama .... 000 101 000—2 2 4
Summary.
First base on balls—off Corley, 2:
off Stevens. 0- hit by pitched ball—by
Stevens. 2 '(Henderson, Erwin); two
base hits, Harrison; struck out—by
Corley. 9; by Stevens, 3; left on bas
es—Georgia. 9; Alabama, 3; sacrifice
hits. Harrison. Joplin, Peebles.
Time of game, 1:23.
Umpire Beus3e.
LETTUCE. IHE CLUB VEGETABLE: M
PM TREMULA. IHE CLUB FLOWER
Funeral Yesterday
of Mrs. Bussey
Yesterday afternoon from the home
on Dougherty street occurred the fun
eral of Mrs. J. H. Bussey, whose death
occurred on Tuesday afternoon, the
services being led by Dr. R. E. Neigh
bour and Dr. J. W. Lynch, pastors of
the Tabernacle Baptist and tho First
Baptist churches, respectively. A
largo number of sorrowing friends at
tended the services and followed the
remains to their last resting place In
Oconee cemetery.
In planning extensively and thor
(Highly for the next fall's flower and
vegetable show already the Athens
Garden Club yesterday morning so
looted its official club flower for the
fall conti st and its regular club veg
,-table. The “Pteris Tremtiln” was
d-rided upon for th« club flower and
a head of lettuce of any variety will
be the club vegetable.
Plants of the “pteris trtmula” can
be obtained only from the garden club
or through that club They may bo
recti red through Miss Rosa Von del
L'eth. Mrs. T. P. Stanley, or Mrs. C.
M. Snelling.
Premium Committee.
The meeting of the club was held
rtarday morning at the Y. V/. C. A-
parlors and a full attendance was on exchange,
hand. The committee to arrange fof
the premium list for the fail flower
show was named: Miss Rosa Von der
L’eth, chairman; Mrs. C. M. Snelling.
Mrs. T. W. Brobston, Mrs. John Cain.
Mrs. Frank Bowdtn. Mrs. E. J. Craw
ford, Mrs. Walter B. Hill. Mrs. J. W.
Hart, and Mrs. J. H. Beussee.
Distribution Day.
A called meeting of the garden clnb
was announced for next Wednesday
morning. That occasion will be “dis
tribution day”—the last of the distri
butions of this spring. It may be of
interest to note. The distribution
days arc of much Interest to the mem
bers. All are requested to carry to
tho meeting next Wednesday all
plants, slips, cuttings and so forth for
Hon Joe. M. Hodgson Yesterday
Re-Elected to County Board
Fancy Strawberries
Florida Oranges.
Large Juicy Grape Fruit.
Arttold fc‘Abney. Phono 1071
Green Head Cabbage
Young Spring Onions.
Frtsh Turnip Salad.
Arnold & Abney. Phene 1076.
The grand Jury yesterday re-elect
ed Mr. Jos. M. Hodgson to a place
on tbe board of commissioners of
roads and revenues of Clarke county,
bis term of office having expired. The
election was unanimous.
Mr. Hodgson has been a member of
the board for a number of years,
chairman of that body for a consider
able part of that time. Ho Is experi
enced In matters of the county busi
ness and has never failed to give his
lime and best Judgment, his thought
end Interest to the work of the coun
ty. making a faithful, loyal, efficient
official. His re-election will meet the
approval of the people generally.