The Banner-herald. (Athens, Ga.) 1923-1933, December 20, 1923, Image 1

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11,000 Aeelfent Policy Prat To Regular Subacribara THE BANNER-HERALO InvMtlgata Today! THE BANNER-HEM Bally and Sunday—IS Centa a Waal <E■ ; Wgf r~ Established 1IU, " T DaDy lad guday-ll Cart a .Waal. ATHENS COTTON: Middling *41 hitvious Close 33 7 THE WEATHER: Cloudy Thursday; Probably rain Friday. J ■ VOL 91, NO. 261 Aaaodatad Prcaa Serried. ATHENS, GA, THURSDAY, DECEMDER 20, 1923. A. B. C. Papar. Slagle Geglaa S Caata Daily. • Crata Saaday, 200 MEXICAN REBELS DIE IN BATTLE •H+ 4—4’ . 4*-4* 4*—4* 4—4« J. J. A A JL. A J «- J- A A A J- A A A A A A. -t. A -*- -R- -A A T T t' r " v a , , • T T T~T T V • V 'I 1 '4' I I" i 1 T V Fox Case Expected To Go To Jury Thursday TRIAL IN CLOSING STAGES; ATTORNEYS WAGE HOT BATTLE ATLANTA.—The case of Philip E. Fox, on trial for his life, charged with slaying W. S. Co- hum, is expected to reach tile jury Thursday afternoon, it was stated when court convened Thursday morning with the trial in its eighth day. Opening Wedesday afternoon of argument by attorneys representing both sides in the sensa tional trial of the slayer of William S. Cobum, the case started on its last lap after having been in progress for seven days. First argument for the defense was made by Frank Hooper, Sr. •i ll. cut la axpactad to roach th« SEARCH FOR SIMR OF GIRL AND MOTHER Jury during Thuraday afternoon. Attorney Robert B. Allen, of Dal be. Texan, of counatl for the do. I.tue, addressed the Jury when court convened at ( o’clock Thun- toy morning. Then followed itrrarea by Hugh M. Dorsey for the ilrfenee, and the- state's closing ad dress by Solicitor John A. Boykin. Judge a. H. Howard's charge Is ex pected 4o require II minutes. William Bchlry Howard, asso ciated with Solicitor John A. Boy. kin. launched th t’eteaaaetaoinntao kin. launched, the state's attack upon Fox by declaring. In connec tion with th. tollur. ot the defer™, to cell Dr. Owennby, that f, the law ■eye that alien you have evidence In your possession nnd do nt pro duce It the presumption la that the evidence would ho against yon." He ridiculed the physical tests a i..ll#laA weea Mystery •hlch nllenleta hays testified Were used In testing Fox'! nanlty nnd declared Utat the. staying of Co- bum wan "the most dastardly, cowardly, cold-blooded and mercl-| Ira, murder ever committed by hu-j msn hands.'* In reply, Mr. Hooper, of counsel for Fox, supported the defence's -attention that tho nlnyer ta In- sue by doctaring to tho Jury that "only the mere hulk of Fox* was trial heforo them. Solicitor Boqkln told yon Hist Pox killed Coburn bocnu’Q Coburn hsd In hta boeeseslnn Incriminating videnoo against Fog,* be told. 'He has failed to produce It. but had n tomm/en.M Jackson County Brings Total Reward to $700. Net Tightening Around Suspected Killer. ' BV DAN MAQIbt- Banner.Hereld Staff Correa pondant JEFFERSON. Da.—More than one "euro" clue has been grounded | by Sheriff Ben C. collier end hta aides In trying to solvo tho mys tery surrounding the burning of Mrs. Mag Slmmona nnd her 7-year- old daughter Rosales last Saturday night. Sheriff -Collier has 'traced the woman and her daughter to the 8. A. L. station In Athene where they got off the qalnesvIlle-MId- land local at about 6:1, o'clock last Saturday night. Then the trail ends. Simmons Roams Streets ROUT INSURGENTS IN Of Jefferson Mourning Loss Of Wife and Child )nly God Can Help Me,” He Sobs. “Little Girl Could Outsing Classmates in Sunday School and They’ll Mim Her When Christmas Carols Are Sung,” Says Her Teacher. By DAN MAOILL Ban nor-Herald Staff Correspondent JKFFERfiON. Oa.—John Sim mons. now In his lata fifties , la roaming tho streets of Jefferson mourning the loss of his wife and hlr baby, Rosetta. The mother and child have been mlas'ng from tho Simmons home since last Saturday and there is now no doubt that the bones of a woman and child found In the ruins of an abandoned farm house on the Jefferson-Athens road last Sunday are those of Slmaioa^ mourned loved ones. “No one but God can relive me of my troubles,*' sobbed John Simmons Wednesday afternoon as ho told again the story of his wife's disobedience to his The above is a photograph of Philip E. Fox’and his wife, taken In the courtroom as his trial for the murder of W. S. Coburn nears its close. Fox's counsel pleaded insanity, and has closed its case. The prosecution’s attack is drawing to an end and the case will likely b* given to the jury before tne end of the week. Tho picture fchows the accused in a rather unusual pose as he seldom raises his eyes, keeping them generally glued to the table in fiont of him. He has looked up w ~~v— | as Solicitor Boykin brings out tho fact, from a negro maid, that the which resulted In the destruction fnnmi AKA I murder gun was seen in the possession of Mrs. Margaret Weaver on I of herself and her child. “That In uxitMi of i tho day before tho killing and that Fox was with her at that time. t what the Bible must have meant j when It nald, ‘wives obey your •husbands,*" said John Simmons. J “My wife nhowed me an unsigned note *f-i tfvrarVr Tfhlah ska.snlil me from the daughter,* Bello, In been unable to pick up a single cite that would lead to a solution. “I have dope all I could to help the sheriff." says Mr. Slmmona. “1 don’t know where to begin to search for the man who killed my wife and my little baby girl. I only wish I could get my hands on him. It 4* running me crasy. I can’t sleep. Every night I close my eyes and try to force myself to sleep and I keep on seeing my ( , , little girl. She was Just getting] lllgAt. bta enough tob,. comfort to «... Enrique Colugna, Sec Obregon Government Will Not Recognize Rebellion By Listening to Any Proposition, Says Offi cial. (By Associated Press.) MEXICO CITY.—Re bels attacking Villa Hermosa, capital of the state of Tabasco, have been defeated after a thirty hour battle with a loss of 200 killed and more than that number wounded, according to an official bulletin is sued by the war depart ment lata Wednesday > think I'll never see her this earth almost drives son, William Motes of Jefferson, who claims having seen Mrs. Sim mons and Rosnloe get off the train ‘ A off ta a taxicab failed to Identify at least one “iuepect" as the man he caw In Athene last Saturday jil»ht. Meanwhile Sheriff collier ura he baa In mind a man who he thlnke capable ot committing Juit each ■ crime aa the slating and burning of Mrs. Slmmona and her daughter. In addition to fitting tho deacrlptloo of the atrange peraott seen In Athena hr Motea Sheriff Collier aajra be haa Information which connecte the man with the Police are trjring to determine U1PT . U . whether Charier W. Navin, Prince-1 VICTIMS ton nraduate. fell nr wju pushed} "OlaONcD ton graduate, fell from ninth floor of a hotel in j _ _ .a—i.. Philadelphia. Two companftxu he- were Questioned ! m * n * n< * *“*»• wer« poiaonea oe- nau u ijffij in” * I .iposure would have blows over In sjlill SENTENCED Oliurn killing waa evidence nf bta| In auinily. Utru qucftt ‘° nc<> '^ fora they were put Into the house. rooms woo wa!aFaWsSs PROHIBITION FORCES ACTIVE IN OEKAUB TO DEATH OT NOOSE I'KCATUR, Oa-—prohibition of- tlrcrs and, local authoritlaa hare Wen art two In DelCalk county for tit. past frw Wfeka and a tarxa .mount of whiskey haa been cap tured front automobiles. The men .nested. In three cases have bean wt under a heavy bond and the ■am confiscated. In some ease* ' l-e hoottaggera left their care *he n attempts to get away from •h- police proved futile and made thetr racem Ihe officers than de- Wr-iylng the liquor and taking pos- ’—ion ,- f the -automobiles. Mort ’hull "SO gallons of whlakey and twelve pulomobllea have been cap- 'urrd in the last seven days In this eaunlgg Eighteen and Nineteen Year Old Boys Must Pay Supreme Penalty Fpr Murder of Underwood. BUTLER On —Willie Jonea and Gervle Blood worth were found guilty Wednesday of the murder of Howsrd F. Underwood and sen tenced to hang on Jnnuary II. The youtha are II nnd II yean old. An Issue not of guilt or Inno cence but of the death penalty nr life Imprisonment developed at the eloe. of the trial of Jonrs rod Blood worth when attorneys In the cane made their arguments before the trial Jury tale Wednesday af- Mr. Maxwell of Lexington wax In ternoon. . Attorney for Ihe defense knowledged tho guilt or their clients but plended for tho -ecom mendation of Ihe Jury for mercy. The prosecution asked that house and ths tact that It was at least 300 yards from the nearest occupied home. The bouse 1s lo rated on the Jefferson-Athens Road at Ctarksboro. It ta not mom Uun twenty feet from the natloial highway and tho slain woman and her child could hivfo been placed Insldo and the home set on fire In a few minutes and tho criminal be off without anyone knowing lb This. apptrenUy. la Just what hap pened. Rewards totalling *700 have be-n offered by the state and Jackson county for the arreat or Informa tion leading to the arreat of the atayara of tha woman and child. The ^governor haa authorised a' tsoo abate reward and Sheriff Col lier announces the Jackson county commlsalonera will authorize an additional $200 reward. ICIWMINSlSMITH DISCONTINUED UNTIL AFTER HOLIDAYS (By Associated Press.) WASHINGTON.—Unable after twenty-five bal lots to break the deadlock over the chairmanship of the interstate commerce committee, the senate agreed late Wednesday to defer further balloting until after the Christmas recess of congress, which begins today and ends on'January 3. Meantime there will be a renewal of effort* to unravel the Uncle In to which the senate waa precipitat ed ten day* ago but to view of the failure of an paat prophecies, i one appeared willing to venture prediction an to how the problem finally would be aolved. Two ballot* failed to show any material change in the altuatlon. Senators ■' Cummins, republican, Iowa, and Smith, democrat. South Carolina, again ran almost neck and neck, with Couzens, republican, Michigan trailing the field, having the support of only the republican Insurgents and five other eo-called liberal* on the majority aide of the HINDUrMUSLIM ■UNITY HA’S 016 HEM DECLARES NOTED EDUCATOR Athen* asking her to come Bell’e house. I didn’t want her to go but 1 knew telling her not to »■" would rot do any good. She went taking our baby with Im ahe went to her destruction." • i • n day she left. “I waa at the mill from stx o'clock unill dinner time, he aald.** WAS BRIGHT LITTLE CHILD retary of the Interior, BRUTAL MURDER Mr. Slmmona walk, (hr atreete of Jefferson trying to pick up •omo thread of evidence that might lead to the solution of the crime which now elands out as one of the most brutal as writ as mys terious that ever shocked Jackson county. Not only did tho person who committed the crime slay his victim., he burned their bodies to hide the awful deed. So cleverly did he cover bta tracks that au thorities working on the cas« have Mr. Simmons ia the fathtr of three living children. He married Mr*. Simmon* about eighteen ye&ri I ttgit. after, she had been divorced j from her first husband Brant [ Wage* now living on the Talleseee I road In Clark county. Mr*. John i>u*t**r of Athene 1* a child by the flrat marriage. Heforo her mar* r(*ft to'Mr. Wage* Mrs. Simmon* was MI**, Mag ltamsey of Madison county. Her mother and several brother* und sisters now live in Jefferson. Th little child who was murdered with its mother was very bright, her Sunday School teacher told 1 mr "Hhe was a* bright a* a dol- | lar and could alng better than anyone in her department,” A. C. Brown, Jefferson attorney and her teacher In .Sunday School de clared. * "I know the little tote will m(ss her next Sunday when the Christmas Carol* are sung." Sh»* was so full of life, ao chipper and cherry." Washington had offer ed to mediate with those rebelling against the Obregon govern ment said “Moxico has not officially received any proposition, which - would have been reject ed, as it would imply recognition of the bel ligerency of the rebels.” Walkdr to Keep Up His Fight on Present Tax Laws. •h- dly Saturday. 11, aaye ho baa 'touted all or hta land left uncul tivated hurt year In eat. where he '■*" uae a reaper and Under. 3ittore 3UOPPING QAYiS boys be hanged. The immenta lasted a little more thart two hours and the case reached the Jury shortly after • o'clock Wednesday night. The state cloced Its testimony just before the noon court. Testimony offered by the atate during the morning seselon Wed* needay Included the cross-exam!* nation of C. E. Benne. editor of The Butler Herald, hut nothing new was brought out by counsel fir the defense. Chief of Police D. J. of Reynolds, waa on the stiml during the morning for the atate and Iden tified an empty shell on ekhfblt as Itttng a gun, which was said, to have been. found In. the pos»esaJpp of Willie'Jened Effort, of the dvfenxd do necure a change venue upon the claim that the Crime might have hc.n ( immilted over the lln. In Macon 1 Turn to Pace Eight) Seek Young Bride In Georgia; Baby Cries For Mother Renewed efforts to locate his 21-year-old wife. Mrx. Frances Payne, are being made by Marvta Payne, of Chloggo. now vtattlng in Atlanta, whose oldest son, Louis, age foar. Is now desperately- III with pnenmcnle at the homo of Mr. Peyae’e brother, O. R. Payne, of 103 .Curran street. Mr. Payne de ctared’ that the child haa cried cov stantly In hta mother since hit lilaoaa. -Mr. Payne Mate* In a leUer to the Banner-Herald that he came to Atlanta a few days after the dtasDpeeraace of Ms wtfe on De cember 1. thinking that ahe might have come tooth. Ho thinks thnl perhaps she was kidnapped, as ther had had no disagreement, hr aald, and the was devoted to the care of their two children. Lonta. and hta brother, who Is seventeen months old. After the second ballot , and while Senator Lodge, of Maasachu setts, ihe republicsn feeder, srae seeking to move for an executive session, the flood gates were open ed for democratic oratory for the flrat time this season. In starting the discussion, Senator Reed. Dem ocrat, Mlssonri. referred to the con tinuous balloting aa -child’s; play" arid gars notice the! after tha holi days he would vome for the senate to proceed to the public' bnrinees Other democrats charged that the republican majority waa unable to (By Associated Press.) CALCUTTA.—Sir Rabindranath Tagore, poet and educator haa condemned the proposed wrecking of the legislatin' councils, an-i questioned the possibility of any adequate self-government ta India on account of thn difficulties be tween Hindu and Mohammedans, Ho advocated the building ap of new and Independent I mutations instead of trying to wrack those now In existence, and held the re generation Of rural life tt) be more organise the aenate. Thla brought Important than national reform, a retort from Itanator Brockhart. Thn on# problem of the day, aald of Iowa, a republican Insurgent..'** P°®*; wha tha queatlon of Htn- that the republicans i— ... •Muslim unity. He coneldered I da*: that the leaders of the conntry bad not yet been able to arrive at any practical or permanent solution of rapport Senator Smith at a time IT CAN BE DONE Clarke county can control tu berculosis. It will take time, money and education and the support of the clUtons. If Ihe latter ta not given the fight cannot continue. Tho cltliens of the county seem to rcalito this and are baying Christina! Seals each day In order to pay expenses of tho nurse employ ed by tho Antl-Tubcrculoata Asroctstlon. Wednesday the High School P. T. A. committee with Mrs. W. P. Warren chair man sold 113-60 worth of Seals. Thursday the Episcopal church committee fold Seals wl/h Mrs Sam Mckeraon In charge. Fri day Sira. Joels h Billing wtr captain the American Legion team in the sale of Christina < Seals. Vou ire mailing Christ ma# cards, tetters and packages »ow. Don’t fail to put Christmas Seals on all of Ihem. Have you »een the map giving the local! )r of the 30 tuberculoila cases in ciarke ( county? See It by af means In rsJmer’s main store. Dont think tuberculosis can't touch you- TCBERCCIAJSIS 18 CON- TAQIOUS. U ‘ Kindergarten Kids Have Their (By Aeeeelated Prate) ATLANTA Oa—Governor Walker will continue his effort* to have the tax equalisation act abolltbed. at the 1134 regular session of the Georgia General Assembly, It wme stated at the capitol. The chief executive ran on ei platform advocating repeal of the act and ho* urged thla atep Meverol messages to the aa—i last summer and during th* f extraordinary session. The house passed a bill rep—ling the lew lest Vm-ta-h m ■ r : I summer, but th« senate never act-* Ainas LiXCrCISCS ed on the measure. At the recent Fifteen Young Athenians Participate in Program Given At Lucy Cobb Tuesday. when oae. vote would have el feted SMELL OF WHIBKEY DOESN’T WARRANT SEARCH K» l* i>.a WANT VENIZELOS JBv Associated Press) ATHENS—A Kr-oup .representing i40 oflrers of tb« CJre.k *rmy and Savy, sent a (rlegram Thursday SAVANNAH Oa.—.Still further nphaalaing the sanctity of a prl- prlvate home. Judge W. H. Barrett In federal court here recently ruled the odor of whlakey around a pure, the Oder of whlakey on the breath of parsons going In and out of a place together amounting In a moral certainty that whlakey la there doe* not warrant the Is suing af a search warrant for the place providing It 1s a private this problem, and waa thoroughly conrlncrd that until the question ha« been effectively solved all ef forts to establish self-government will bo waited. He stated empha tically that he was not one of those who thought freedom from foreign rule would Immediately solve all India’s difficulties. "Tbs Mibommedani." he con tinued, "are united Hi ell religious Dr. Jno. Hammond Is Dead in N. Y. Dr. John D. Hammond, 71, well known In Athens, died In X. T. several days ago. Dr. Ham mond was n Methodist preache and moved to New York state eev matters, and have a democratic i oral year, ago from Atlanta. organization. I cannot naderstand, devoted much of hta Ufe. to educa- why they wish to come to terms Hon and waa prsatdent of several with tha Hindus who are demoral- denominational colleges lied w'th Internal divisions and dlssentions and full of the false pride of religious aristocracy. Tho .Muhammadans hare strength la them and are conscious of It. They home. The rullnc came In the rase know that the Hindu* are weak. I of th- rltv «r Havftnnah ver*u. cannot expect' Ihe Mohammrdan* Melvins Riley when a motion waejto rl*e alm'e (heir nature and 4c- ma,ie to qua* the ease whleh In-jlrcmlne their relation* with the solved her home, that of ;i private I Hindu* In a spirit of hrondm'.qded ■ rltlzen. -ta eolith. CEN8U8 REPORT. (By Aeeoclated Prese) WASHINGTON—Cot lo ginned prior 16'December 13 totalled IM*,- $$€ Including 232.634 round balsa. 17.646 be toe of American Egyptian and 76J bolea of Sea Island. the C#n*u* Bureau announced Thura- Fifteen Athens children of pre school age participated in the an nual ChriMJn*n exercises of the Kindergarten at Lucy Cobb Inatl- tute Tuesday. The KVidergarten Is directed by Mies Katherine Park and MIsh Flora Addlton. The children who had parts on the program and who constitute the enrollment of the KIndergar ten are Alma Knight. Kntlje Miah ael, David Harrow, l^enter Boon Ann© Johnson, Thomas Nickerson, Dave Paddock, Joe Hawkes, Austin Cannon, Joana Stegeman, John Stegemsn, Lee Secrest, Harry Timm, Jame* Hudson, and John Moss. The program carried out fol lows; Morning Prayer, eneemble; Santa Claus song, ensemble; Fin* K»*r plays—-’’Five LUU»* Kqulrr**!*,’ Thoms* Nickerson; "Ball For Baby,” Austin Cannon; "My Pigeon House," Harry Tlirtm; "Two Little FIshe'a," James Hudson; "Merry Little Men." Alma Knight; "Uttle Squirrel,” Joe Hawkes; Games to Music—Playing Indian; Rocking Horse; The Giant and the ElYes, Squirrel; Marching. INTERESTED IfT" BERQDOL AFFAIR ■lay. SAVANNAH On —The Chatham poet of the American Legion will send a plea to the national ■■■ atate department that the secre tary of state be requested to eek the German authorities to release Lieutenant Griffin recently i fenced to Imprleontnnt In the that country for participating In the attempt to capture Beegdolt. Berg- doll wa* a notorious draft evader during the war and Furctnatally eluded It t soeslon, the house again passed the repeal bill. The senate finance committee recommended the FuU. bright-Davia bill, which repealed the law and re-enacted it wltb numerous changes. An effort by Donator Johns, an AdminUftratiog leader to have the senate adopt a minority report favoring the hones repeal measure wo* defeated and the Fullbright*Davis bUl did no# come rup for passage. "In three general elections, thd people of Georgia have overwhelm ingly expressed their will In favor of th« repeal of the tax equalisa tion, tawf” Governor Walker sold In a message to the senate on the final day of the recent session. "The platform of th* people in the last convention declared for the repeal of the tax equalization lew. The present administration wa* elected on tlia tplatform. K nm thoroughly convinced that a large majority of the people sin cerely desire the repeal of that law. I am more thoroughly convinced that there will not be that feeling of rest, and harmony among the people which 1* necesanry for con structive progres* so long sa this law remain* on the statute books a* a Niibject of agitation In each succeeding ye4r." The capitol spokesman sold he did not know whether the governor again would take up hb fight for an Income tax at the Butt seselon. When asked If the chief executive would mak* the report of hi* special tax commission an issue In the campaign for re-election. the spokesman said this was a question the governor would have to answer personally. The governor la now * : away on a hunting trip. TEN INJURED fBy Aeeeelated Preea.) ' *** BETHEPDA. O.—Eight or t*f persons were reported Injured, tw seriously. When a Baltimo «nd < passenger train, bound from 1 Chicago split front of the station here. O rand Obt» tm. Wheat swuekta cAsrh i