Newspaper Page Text
®he Atlanta Btwttal
VOL. XXV. NO. 167
REBELS BARLING
. ’ TROOPS OF BERLIN
' IN CITIES BN RHINE
Fight for Red Control of
Berlin Looms While Sepa
ratist Rioting Spreads
Through Town’s Provinces
LONDON, Oct. 25.—A Central
News dispatch received from Berlin
X shortly after 3 o’clock this afternoon
says large bands of Communists are
marching on the German capital,
i and that the police have been rush
ed out to intercept them.
The dispatch says that the Com
munists also are assembling jn
4 strong force in the Lichtenberger
district of Berlin, but the police have
surrounded the whole neighborhood,
and are not allowing anyone to pass
through their cordon.
Serious trouble is expected tonight,
the message adds.
BATTLE FOR CONTROL
OF AIX STILL CONTINUES
BERLIN, Oct. 25.—Heavy fighting
has been going on in Aix la Chapelle,
between Rhineland separatists and
citizens loyal to the German reich
since daybreak, dispatches said to
day.
Many have been killed and
wounded.
The fortunes of the rival parties
were wavering, and it was impossi
* ble to tell which would remain in
* control of the city.
Separatists started the fighting in
their attempt to regain the heart
of the city from which furious citi
zens drove them in fighting of the
last two days.
FORTY ARE KILLED
IN CREFELD FIGHTING
PARIS, Oct. 25. —Forty persons
were killed including the chief of
police in fierce fighting at Crefeld,
between Germans loyal to the Ber
lin government and separatists, a
dispatch i'rom that city said today.
The separatists were in complete
control of Crefeld today, the dispatch
said.
FOUR KILLED; 17 HURT
IN COLOGNE RIOTING
COLOGNE, Oct. 25.—Four men
were killed and seventeen men and
women wounded here late Wednes
day In the course of food rioting
* in the district inhabited by the work
ing men. The police resorted to
arms when women demonstrators
disregarded an order to disband.
HAMBURG FATALITIES
REACH HIGHER TOTAL
PARIS, Oct. 25. — A Hamburg dis-
* . patch to Le Journal says that forty
• ’ six persons were killed and 230
wounded in the fighting between
the Communists and police in the
past two days. The former lost
thirty-four dead while the police cas
ualties were twelve.
SEPARATISTS OCCUPY
TRIER CITY HALL
TRIER, Oct. 25. —The separatists,
having occupied the Rathaus now
propose the appointment of a com
mission to control food prices. The
plants of two newspapers opposed <
the republicans have been de
molished.
Another Ax Victim
Dies in Birmingham;
/ Total Is Now 21
BIRMINGHAM, Ala., Oct. 25.
Birmingham’s long list of ax murder
victims was increased to 21 today,
with the death of Mrs. Juliet Vigi
lant, who was struck down in her
husband’s grocery store | Monday
night. Mrs. Vigilant’s mother, Mrs.
Frank Romeo, was struck down in
the same attack, dying a few hours
later.
In addition to 21 deaths during
three years of ax assaults, nearly
all of which have been on proprietors
of small grocery stores, 15 persons
have been seriously wounded.
Police were still without clues to
the assailant today, despite a .SI,OOO
reward offered by Tony Romeo, son
-of Mrs. Romeo and brother of Mis.
, Vigilant. It was announced that po
■ lice officers would refuse to accept
the reward, but that the entire sum
would be given to any citizen who
could turn in a clue leading to the
murderer’s arrest.
Hope that Mrs. Vigilant might be
able to furnish information clearing
up the crime vanished with «her
death, as has been the case in nu
s , merous previous attacks. A negro
’ suspect, held in jail, was to have
been taken before her for identifica
tion, but she never recovered con
sciousness sufficiently to male this
possible.
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Published Every Tuesday, Thursday and Saturday
NEWS OF THE WORLD
TOLD IN BRIEF
LONDON.—Counter revolution in
I Greece is prompted by royalists,
I meager advices from Athens say.
BRUSSELS. —Serious trouble has
I developed at Aix La Chapelle, with
security police firing on communists.
MUNICH. —Division of reichswehr
troops abandons the reich and
swears allegiance to Bavarian gov
ernment.
WILMINGTON, Del. Federal
judge announces that hereafter buy
ers as well as sellers of liquor will
be prosecuted.
WASHINGTON. Lloyd George
has chat with Woodrow Wilson and
recalls incidents of Versailles peace
conference. <
WASHINGTON.—Judge Charles
S. Hatfield, of United States court
of customs appeals, is seriously ill
from influenza.
DALLAS. —Klan day at Dallas fair
brings out 300,000 people, of whom
30,000 were klansmen, according to
unofficial estimate.
DETROIT. —Henry Ford plans to
build for his employes 30,000 cement
and wood houses, according to proc
ess perfected by Thomas A. Edison.
CHICAGO.—Dr. Charles Mayo, of
Rochester, Minn., is elected presi-,
dent of American College of Sur
geons at Chicago convention.
HACKENSACK, N. J. —Ezal Rob
ertson, negro, defended by white
young woman lawyer, is found
guilty of murder in second degree.
OKLAHOMA CITY. Governor
Walton, of Oklahoma, continues re
fusal to recognize authority of sen
ate resolution to suspend him.
AKRON, O.—Fred W. Gehrady, of
Detroit, prominent race track offi
cial, dies from wounds received Sat
urday when he was shot by Marion
Webb, a trainer.
STOCKHOLM.—NobeI prize for
medicine for 1923 is awarded to
Dr. F. G. Banting and Dr. J. J.
R. McCleod, of Toronto, for the dis
covery of insulin.
LONDON. —Dispatch to the Daily
Graphic from Opeln says general
strike has been proclaimed through
out Silesia? and that there has been
grave rioting in Opeln.
NEW YORK. —Lord Birkenhead,
chancellor of Great Britain in
Lloyd George cabinet, characterizes
League of Nations as failure as
arbiter between nations.
LONDON.—British diplomats see
little prospect that Poincare will yield
from his affirmation that reparation
commission can deal with repara
tions problem completely.
GLOUCESTER, Mass. —Schooner
Columbia, American challenger for
international fishermen’s cup, strikes
a rock outside this port. Extent of
damage not yet determined.
NEW BRUNSWICK., N. J.—Rep
resentative Upshaw, of Georgia, de
clares for executive guillotine against
al! public officials, high and low, who
drink liquor.
WASHINGTON. —A court martial
is ordered by Secretary Denby to
try eleven naval officers in connec
tion with wrecking of seven destroy
ers off Point Honda, Cal., last Sep
tember 8.
PITTSBURG. —Fire practically de
stroys Academy of Our Lady of
Mercy, Catholic school, entailing a
loss of nearly half a million dollais.
Eighty children and 15 nuns escape
uninjured.
BERLIN. —Extension of the Rhine
land republic goes ahead slowly; in
dependent Rhenish republic is pro
claimed in Duren; people are de
clared to be unresponsive in many
places.
WASHINGTON. —Dry agents will
be placed in every brewery in United
The Weather
FORECAST FOR SATURDAY
Virginia: Fair.
North Carolina, South Carolina,
Georgia, Florida and extreme north
west Florida: Fair; little change in
temperature.
Alabama and Mississippi: Fair on
the coast and increasing cloudiness
and in cooler in interior.
Tennessee: Fair in east and cloudy
in west portion.
Kentucky: Generally fair.
Louisiana: Generally fair; contin
ued cool.
Arkansas: Generally fair; contin
ued cold.
Oklahoma: Partly cloudy; cold.
East Texas: Unsettled.
West Texas: Partly cloudy; not
much change in temperature.
FOOTBALL
At Columbia, S. C.— Clemson, 7;
University of South Carolina, 6,
At Columbia, S. C.—Furman, 30;
Davidson, 0.
States and coast guard is to be in
creased under tentative plans con
sidered by federal authorities to en
force prohibition?
PORTSMOUTH, N? H.—Dr. Boris
Sidis, famous psychologist, dies here.
He won national attention by system
of educating his son, William —ames
Sidis, a youthful prodigy of some
years ago.
WASHINGTON.—Minister Schur
man, at Pekin, advises state de
partment <-nwn of Chang-Sha,
China, is bombarded October 23 dur
ing hostilities between Chinese fac
tions.
OKLAHOMA CITY. Oklahoma
state supreme court rules that
Lieut. Governor Trapp is acting
governor of that state and sustains
action of state senate in suspending
Governor Walton.
LOS ANGELES. —Famous Play
ers-Lasky company closes for ten
weeks its Hollywood and Long Is
land studios because of high cost
and over-production of motion pic
tures, its management announces.
BERLIN. Conference of fedcial
premiers declares unanimous support
of central government’s attitude in
dispute with Bavaria, and demanas
immediate abolition of martial law
and return to normal legal procedure.
PITTSBURG. Former Premier
Lloyd George says that late Andrew
Carnegie’s vision of world peace was
an opportune one to recall, and re
iterates belief that understanding be
tween Great Britain and America
would bring it about.
SEATTLE. —Mrs. Kate Forbes
has been granted decree of divorce
from Charles R. Forbes, former di
rector of United States Veterans
bureau, for reasons of cruelties and
personal indignities, Seattle dispatch
says.
NEW . YORK. Scientists an
nounce successful completion of ex
periments conducted by Westing
house Electric company and Colum
bia university proving that flowers
and plants may be made tq sleep
and awaken at will by means of
artificial electric light. t
WASHINGTON. Charles R.
Forbes, against whom serious
charges have been made in connec
tion with his work as head of veter
ans bureau, goes into seclusion at
Washington on advice of doctors
who declare he needs rest and quiet.
WASHINGTON.—United States is
still willing to enter European repa
rations conference, but insists on
full attendance of allied powers,
Secretary Hughes says in reply to
overture from Marquis Curzon for
American help to untangle war in
demnity snarl.
PLYMOUTH, Eng.—Premier Bald
win, addressing conservative party
convention, warns French premier,
M. Poincare, to consider thrice be
fore refusing invitation extended by
British government to the allies to
accept American participation in
conference for settlement of repara
tions.
DALLAS. Senator Underwood
tells Texans that Democrats should
pick their next presidential candi
date from the south; says he believes
Democratic north will recognize the
south’s right to carry the banner;
declares government needs men who
have the backbone to punish viola
tors of the law.
DETROIT.—Henry Ford declares
he is sure President Coolidge can
dry up the country if he wants to.
and that if Coolidge makec a sin
cere effort to enforce the prohibi
tion Jaw, Ford is strong for him,
Detroit Free Press says. Ford says
prohibition has brought prosperity
to his workers and that not one
woman in five thousand wants the
old days back.
TWO DYINB. THREE
MORE WOUNDEDII
■MLLE FIGHT
HAWKINSVILLE, Ga., Oct. 26.
Two men early today were reported
dying and three others were serious
ly wounded, the aftermath of a gun
battle fought on the main street of
this city last night. Aaron Mann
hein, member of a prominent family
here, and a Mr. Frankie, of New
York, cannot survive the buckshot
wounds they received, doctors said.
Isador Mirsky, Joe Coley and Ju
lian Berg were also hit by buck
shot.
The police are searching today for
H. M. Pollock, a poolroom proprie
| tor, whom they charged with having
j fired six times with a shot-gun load
ed with buckshot at persons in the
| street in the front of his place. The
| fire was returned, it was said, by a
I group of men, seeking shelter behind
; the pillars of the Hawkinsville Bank
I and Trust company.
Authorities say that there had
I been some il Reeling between some
' of the participants for several days,
j Frankie was rushed from here last
! night to a hospital at Macon, Ga.,
| for an operation. He was a by
; stander.
One Killed, Two Hurt
As Auto Overturns
NASHVILLE, Tenn., Oct. 25.
! Mr. William U. King, 20. automo
j bile salesman, was killed
! and his two companions. Miss Bella
I Flaijnigan, 20. and Howard John
l son, are in a hospital today seri
; ously hurt as the. result of a broken
' steering apparatus on an automobile
I- in which they were riding near here
j late yesterday.
The steering apparatus broke as
i the car was speeding down a steep
hill The car overturned and the
I three were pinned beneath the
; wreckage. Mr. King’s neck was
I broken and he died instantly. The
other two were chopped out of the
| wreckage by rescuers.
Grief Stricken, Aged
I . Georgian Ends Life
SAVANNAH, Ga.. Oct. 26.—Grief
because of the death of his wife, 18
mopths ago, is believed to have been
the cause of James L. Kitchens, 18
years old, taking his life Wednesday
night or early Thursday by inhal
ing gas.
GOVERNOR EXPECTED
TO BROADEN SCOPE
OF CALLED SESSIOP
Capitol Rumors Are That Ad
ditional Matters Will Be
Placed Before Legislature
by Walker
Called primarily to consider the
“emergency” of tax reform in Geor
gia, and limited originally to the
question of taxation and free text
books for primary grades in the
common schools, the scope of the
legislature’s activity at its extra ses
sion next month will, it is under
stood, be broadened by Governor
Walker.
Attorney General Napier, in an
opinion said to have been sought by
the executive, is said to hold that
the governor has authority to amend
his original call, and it is said that
he intends to exercise this authority.
According to well-informed opinion
in political circles, the governor will
issue an amendment to his legisla
tive call within the next week or ten
days—possibly next Sunday, and
will, in the meantime, turn a deal
ear to the inclusion in his amend
ment of any matters not already de
cided in his own mind as really de
manding consideration next month
Governor Walker Thursday after
noon admitted that he had asked the
attorney general for an opinion as
to whether or not he could include
other matters in his call, but said
that he has not given consideraton
to any specific issue that will be in
cluded, if the call is amended.
The governor added that the ques
tion of whether amendments to the
state law applying to the contract
for school books could be acted upon
by the assembly at the special ses
sion came up several weeks ago, but
owing to work of the special taX
commission he had not yet consid
ered it.
Matter Stirs Conjecture
Until the governor himself makes
a formal announcement his purpose
will, of course, be a matter of con
jecture. Pending such an announce
ment, however, there is much specu
lation as to what subjects he may
or may not include in the contem
plated amended call of the extra ses
sion.
It is regarded as practically settled
that in the event the call is amended,
Governor Walker will include,
among other things, a revision of
the state law applying to the state
contract for school books. This ques
tion should not be confused with the
matter of free text books for pri
mary grades—a subject already spec
ified by the governor for the extra
session.
The schoolbook contract was up
for action several weeks ago by the
state board of education. No action
was taken, however, because the
board found that the present law
relating to the exchange value of
abandoned and discarded books mill
tates against an advantageous con
tract. Publishers, it is stated, de
cline to give the state a minimum
price on schoolbooks because of the
alleged excessive value placed on
old books by state law.
Contract Expires Soon
The present contract of the state
for school books expires on January
1, next. Unless the contract is re
newed in the meantime, the public
will be placed at a disadvantage in
the purchase of books, especially if
any important changes are made in
textbooks.
In addition to-the school book
contract, there is the matter of sev
eral deficiency appropriations
which were made by the legislature
last summer but which are not now
available and which will not be avail
able for months to come.
The state sanitarium at Milledge
ville, it has been pointed out, has
been seriously embarrassed because
a deficiency appropriation made by
the legislature has not been paid
by the governor.
The deficiency fund for the sani
tarium approximates $239,000, and
was provided by the legislature to
cover obligations previously incur
red. Under the present law, the
governor has not felt that he could
either legally or honorably pay this
appropriation until he has paid to
the common schools one-half of the
revenue received by the state. It
will be impossible to ascertain the
total of the state’s revenue until
next June, and unless the law is
amended the sanitarium’s deficiency
fund will not be available until
then.
In the meantime, the sanitarium
is in serious financial straits.
What is true of the sanitarium is
true also o't the school for mental
defectives at Augusta. This institu
tion is in actual want, and its help
less inmates are saifi to be suffer
ing because deficiency funds pro
vided by the legislature cannot be
made available until the end of the
present fiscal year.
ATTEMPT TO ADJOURN
SPECIAL SESSION PLANNED
An effort will be made on the
first day of the extra session in No
vember, to adjourn the Georgia leg
islature until ten days before the
regular session in June, 1924, it was
announced Thursday by. Dr. T. R.
Whitley, veteran legislator from
Douglas county. Dr. Whitley stated
that he and many other members
of the general assembly regard the
present as a most inopportune time
to attempt tax reform, and expect a
waste of both time and money if the
tax question is taken up without
further consideration.
Court Says Intoxicated
Man Cannot Commit
First Degree Crime
RALEIGH, N. C., Oct. 25.—When
a man is intoxicated to the extent
that he does not know what he is
doing, he is not capable of the intent
necessary for conviction of burglary
in the first degree, the supreme court
of North Carolina held Wednesday
in a decision handed down in the
case of James Allen, 18-year-old ne
gro, sentenced to die for alleged en
try into the home of a Louisburg
merchant, with intent to attack th*
merchant’s wife. The negro gets a
new trial.
— 1 —-V—«-
HOPELESS DEADLOCK
imumsE;
MISTRIAL DECLARED
MACON, Ga., Oct. 25. —A mistrial
was declared at 12:30 o’clock today
in the case of Dr. C. A. Yarbrough,
Macon dentist, who went on trial
Monday in the city court on a charge
of riot in connection with the flog
ging of W. O. Barnett, harness
maker, on the night of February 27,
1923. The jury retired to reach a
verdict Tuesday night at 6:20 o’clock,
and up to 12:30 o’clock today, no
verdict had been reached.
Judge Will Gunn called the jiuy
in at 12:30 and asked if there was
hope of their reaching a verdict. C.
M. Millirons stated they were hope
lessly divided, standing eight to four,
the same as the count stood after
the first ballot was taken Tuesday.
He did not say whether they stood
eight to four for conviction or ac
quittal, but it is unofficially reported
they stood eight to four for acquittal
After hearing from the foreman,
Judge Gunn declared a mistrial, and
excused the jury. This is the third
trial of Dr. Yarbrough for riot m
connection with flogging cases here.
He was acquitted at the first trial,
and the last two resulted in mistrials.
He still has several additional’
charges resting against him which
grew out of the floggings here, and
these cases are set for trial the first
week in December.
Man Who Fled From
Prison 20 Years Ago
Returns to Serve Term
TALLAHASSEE Fla., Oct. 25.—8.
F. Squire, 70-year-old white man.
native of South Carolina, has ap
peared at the state prison farm, at
Raiford, and been readmitted to
complete serving a five-year sen
tence from Putnam county, imposed
on him on May 26. 1900, for bur
glary.
Squire was committeed to prison
on the same day he was sentenced
and served about half of his term,
escaping November 6, 1903. He had
remained at large since that date.
He was 47 years old at the time of
his sentence.
One Killed, Five Hurt
As Auto Overturns
On Elberton Road
ELBERTON, Ga., Oct. 25.—Mr
Dewey Jones, of Norman, Ga., was
killed outrignt, W. H. Gunter and
Jeff Brake were seriously injured,
and three other young men from
Wilkes county were slightly injured
last night about 8 o’clock, near
here, on the Washington-Elberton
state highway, when the large tour
ing car in which they were riding
turned turtle.
Lucius Mallory Again
Sentenced to Hang
PERRY, Ga., Oct. 25.—Lucius Mal
lory, convicted of murder at the
April, 1922, term of the Houston
superior court, and sentenced to
hang May 22, 1922, having lost his
case on appeal to the supreme court
Wednesday, was resentenced to hang
December 21.
Mallory was charged with killing
and robbing Isabella Taylor, an old
negro woman, in her horpe Decem
ber 26, 1921. Mallory made his escape
but was captured near Elko by O. C.
Morgan and identified by an old
shoe, the tracks of which were left
in the old woman’s home. About
January 1 of this year, he escaped
from jail with a number of other
prisoners, but was captured the next
day within half a mile of the scene
of the crime.
Atlanta, Ga., Saturday, October 27, 1923
“UP ANCHOR! ! ! I”
Straton Expels Church
Members on Charges
Os Hostility to Him
NEW YORK, Oct. 25—Twenty
nine members of Cavalry Baptist
church were suspended last night
charged with conducting “guerrilla
warfare” on the pastor, the Rev.
John Roach Straton, and with vio
lating their vows to support the
church.
Eleven other members voluntary
withdrew as a result of charges by
Dr. Straton that while he was in Eu
rope last summer a e of hos
tile members” had tried to oust him.
Dr. Straton declared the church had
become filled with social climbers
who disliked his method of welcom
ing all who desired to join.
WfflTO
DEFIED BY WOMAN
IH BANK HOW
NEWTON, N. C., Oct. 25.—The
| courageous daring of Mrs. Ed Smith,
i young woman bank clerk, who de
! fied two masked negro men with a
i pistol drawn on her is given credit
i for frustrating an attempt to rob
the People’s bank, or Catawba, a
small town near here Wednesday,
and resulted in the speedy capture
of the negroes by a volunteer posse
of men and boys of the neighborhood
before officers could reach the
scene.
When Mrs. Smith entered to open
the bank, according to reports re
ceived here, she opened a closet
door to find herself facing a pistol
in the nand of a big negro, with a
second negro behind him, both with
big colored handkerchiefs tied over
t.ieir faces. She grabbed the mask
from the face of the armed man,
who knocked her down, threatening
to kill her if she screamed. As both
negroes ran from tne building, she
gave the alarm, a crowd of citizens
gathered, armed themselves and
stsrted in hot pursuit of the would
be robbers.
Officers in Newton, Hickory and
Statesville were notified, but before
they could join the citizens’ posse
the negroes had been captured and
securely tied, but not until shots had
been exchanged between the fugi
tives and the posse, one of the ne
groes being shot through the leg.
The negroes are in Catawba county
jail here.
Fruit Growers Join
Exchange in Woodbury
WOODBURY, Ga., Oct. 25.—J. E.
Carlisle, of. Atlanta, and J. L. Ben
ton, of Monticello, were present at a
meeting held here yesterday by Geor
gia fruit growers for the purpose of
organizing a fruit growers’ exchange.
The meeting was enthusiastic and
they were successful in getting prac
tically all fruit growers around Wood
bury to sign up with the organiza
tion.
Fruit growers from Gay and Mo
lena were present and signed up.
Some of the most successful fruit
growers and the most modern pack
ing houses in the state are located
i around Woodbury, and it is hoped in
] the near future to have a hundred
■ per cent organization.
Auto Wreck Injuries
Fatal to Lavonia Man
ANDERSON, S. C., Oct. 25—Mr.
J T. P. Thrasher, of Lavonia, Ga., who
■ was injured last Sunday when an
i automobile turned over with him and
three others near Toccoa, Ga., and
brought here Wednesday afternoon
. from Lavonia in an ambulance, died
' at Anderson County hospital at mid
i night.
Goodyear Raincoat Free
Goodyear Mfg. Co.. KO2B-R Goodyear
Bldg., Kansas City, Mo., la making an
offer to send a handsome raincoat free
i to one person in each locality who will
i strow and recommend it to friends. If
| you want one, write today.
MRS. OLLIE JUSTISS
IS FOUND GUILTY;
SENTENCED TO LIFE
A jury which had knelt in prayer
for divine guidance as it began its
deliberations declared at' 8:20 o’clock
Thursday night that Mrs. Ollie
Combs Justiss, slayer of DeWitt Tur
ner, was guilty of murder and recom
mended her to the mercy of the
court.
Under the Georgia law it was then
obligatory for Judge G. H. Howard
to impose on the young defendant a
sentence of life imprisonment. A
smile played about the convicted
woman’s mouth as she heard her
fate.
Judge G. H. Howard, presiding,
gave the jury in charge the law on
murder, manslaughter and justifiable
homicide. His charge followed the
con concluding argument for the de
fense by Attorney Murphy Holloway,
who insisted that the shooting of
Turner was justifiable and asked for
an acquittal.
Attorney Holloway’s speech fol
lowed the concluding argument for
the state by Solicitor General John
A. Boykin, who asked that the deatii
penalty be imposed on Mrs. Justiss,
vigorously denouncing what he term
ed “petticoat murderers” and the
“sloppy sentimentality” that, he
said, had been attached to such cases
in the past.
“We don’t even accord the men
those tender mercies which are given
a squirrel or a rabbit,” declared Mr.
Boykin. “We have an open ano a
closed season for killing game, but
it seems to be open season all the
time for killing men.
“I thought I had gotten away from
the idea a woman should.hang, tut
I have changed my mind, and you,
gentlemen of the jury, have got to
muster enough nerve to hang this
woman to stop these murderers.
“This woman is guilty of murder,
nothing but murder, and foul mur
der—of the type that the law says
should be executed for, and if you
exact one less bit of penalty in this
oase it will be because you have
shown mercy to one who showed no
mercy, and one entirely undeserving
of mercy. >
Mr. Boykin spoke for more than
an hour in making the final argu
ment for the state. He was to be
followed by Attorney Murphy Hodo
way, who has the concluding argu
ment. .
In the opening argument for the
state, begun immediately after the
noon recess, Assistant Solicitor Gen
eral E. A. Stephens assailed Mrs.
Combs’ statement on the witness
stand to the effect that she shot
Turner to save her young sister,
Evelyn, as ‘‘uttrely without founda
tion in fact.”
He also declared that Mrs. Cojnbs’
story, “even if true,” offered no legal
justification for the shooting of Tur
ner.
Mrs. Justiss’ statement was the
only evidence offered by defense
counsel, and that fact gives her at
torneys the closing argument. The
defendant, cool and collected, and
speaking with an enunciation that
could be heard all over the court
room, talked for fifteen minutes in
reviewing the ’ncidents leading up
to the shooting. After she resumed
her seat at the defense table, she
broke down, r.owever, and sobbed au
dibly for the first time since the be
ginning of the trial Wednesday
morning. *
Prisoners ‘Modestly’
Ask Judge Barrett to
Let Them Attend Fair
MACON, Ga., Oct. 25.—A petition
signed by seventeen federal prison
ers in the Bibb county jail, present
ed to Judge W. E. Barrett, in United
States district court today, asked for
permission to attend the Georgia
state exposition now being held here.
“That’s the most modest petition
I have ever seen,” commented Judge
Barrett.
The prisoners are still In jail.
5 UENla> A COPY,
$1 A YEAR.
SOLON 15 EJECTED
FROM OKLA. HOUSE
BY IHATE MEMBERS
Fight Follows Klan Influence
Charge—Ouster of Gov.
Walton Upheld by State
. Supreme Court
OKLAHOMA CITY, Okla., Oct. 25.
(By the Associated Press.) —A dozen
or more house members forcibly at- ’
tacked Representative Callahan, of
Latimer, smashed a chair and threw
Callahan out of the room when he
declared in a bitter arraignment of
the Ku Klux Klan that N. C. Jewett,
grand dragon of the Oklahoma realm
of the klan, was dictating the kind
of legislation to be enacted in Okla
homa.
Callahan’s words hardly fell in
the house chamber before one mem
ber shouted “that’s a black lie.” One
member sprang at Callahan’s throat
and both fell on the floor in a scuf
fle. Twelve or fifteen other mem
bers rushed toward Callahan, most
of them endeavoring to place their
hands on him.
Sergeants-at-arms and virtually all
other members of the house rushed
to the corner, where the scuffle was
taking place. Clenched fists were
waving in the air as Callahan was
forcibly ejected into a cloak room
just outside the house chamber.
Callahan stood, guarded by two mem
bers, after the sergeant-at-arms had
ordered other members back into
the chamber.
j Callahan’s bitter attacks on the
, klan, the first which have been
( made in the house during the ex
traordinary session, occurred after a
long debate on whether the house
should vote’ for impeachment of Gov
ernor J. C. Walton on article ten,
which concerns his declaration of
martial law in Tulsa county. Calla
han said that 90 per cent of the
jury commissioners in the state were
members of the Ku Klux Klan.
Battle Royal Stars
“People in this state have been
tried in secret before they reached
the court room,” Callahan declared.
“Do you kno wthat 90 per cent
of the Oklahoma jury commissioners
are klansmen,”* one member de
manded.
“Yes, sir, I know it,” Callahan
replied.
He then related how Governor
Walton declared war on the klan
and how Grand Dragon Jewett, “al*
most immediately defied the execu
tive to overthrow the Ku Klux Klan.
“This same Mr. Jewett,” asserted
Callahan, waiving his arms and vig
orously shaking his head, “is dictate
ing the kind of legislation to be en
acted by this body. He—”
Here Representative Callahan was
interrupted by shouts from all over
the house chamber and the members
sprang at him.
The force of the attack knocked
Callahan into a chair behind him,
crushed it and two legislators wen‘;
to the floor, surrounded almost im
mediately by a group of indignant
house members.
The eighth charge in the bill of
impeachment against .Governor
Walton was voted by the housrt
when it approved, 77 to 14, Article
12 of its committee report accusing
the executive of declaring martial
law in Tulsa, “when no cause, rea
son or ground existed therefor.”
•less Harper, Democrat, of Le-<
flore, was in the speaker’s chair
when the session was called to
order, Speaker W. D. Mcßee being
confined to his hotel room by 111-
A long debate on the introduc
tion of a bill by T. B. Taylor, Demo
crat, of Pittsburg, to appropriate
SIOO,OOO for the purchase of a rec-'
reation hall at Muskogee to be used
by the inmates of the Oklahoma!
memorial hospital, delayed progress
of the session and the consideration
o fthe impeachment bill wag not!
undertaken until late in the morn
ing.
C’ourt Upholds Ouster
Lieutenant Governor M. E. Trapp
was declared acting governor of Ok
lahoma in a decision of the state su
preme court late today, making per
manent a writ of prohibition against
Governor Walton and District Judge
Tom C. Chambers, which restrains
them from interfering with the lieu
tenant governor’s assumption of the
office.
The court announced its
orally after a brief conference fol
lowing an afternoon of argument.
The decision, it was explained, made
the writ effective against J. C. Wal
ton as an individual and not as gov
ernor. Judge Chambers was enjoin
ed in his official capacity as judge.
The vote of the court was 5 to 4.
The decision sustains a resolution
adopted by the state senate suspend
ing Governor Walton during his im
peachment trial, and nullifies an in
junction obtained by the governor
in Judge Chambers’ court which
would have prevented the lieutenant
governor from becoming acting gov
ernor.
Corruption Charged
So far, Governor Walton stands
formally charged with diversions o£
public funds for private use, prohibit
ing the the convening of a grand Jary
use of his official influence to acquire
private property and credit; accept
ing a bribe to approve a legislative
measure; suspension of the writ of
habeas corpus; unlawfully preventing
a meeting of the legislature and at
tempting prevention of a special
state election in violation of the
statutes. %
If the investigating committee’s an
nounced intention is carried out, the
charges in all likelihood will be laid
before a district court grand jury
which is now inquiring into charges
of misconduct of state employes and
the appointments of hundreds of
state police officers without author
ity of law.
Spread of Universalist
Teachings in South
Blocked, Says Pastor
PROVIDENCE, R. 1., Oct. 25.
Speaking at the Universalist conven
tion here last night. Rev. George A.
Gay, of Chattanooga, Tenn., assert
ed that fundamentalists are in such
overwhelming control in the south
where religious education in the
public schools is compulsory that
their money crowds out Universalist
teachings.