Newspaper Page Text
®be Atlanta 5o innral
VOL. XXVI. NO. 109
M’DOWELL JURORS
QUESTION HIM ON
MOTIVE IN KILLING
■
Slayer Admits Drug Addic
tion on Stand —Argu-
ments Are Begun
CLEARWATER, Fla., June 19.
(By the Associated Press.) Both ;
state and defense closed their cases
at. 3:50 p. m. in the second trial here
of Frank McDowell, the 19-year-old
former Georgian, on an indictment
him with the slaying of his j
JUping mother at their home in St. I
‘ Petersburg several months ago.
After both sides had closed, Mc-
Dowell, who had sat throughput the
trial near the counsel table, arose, J
and, addressing the court, said:
“I would like to testify in the |
case.” 1
"Your case is in the hands of your !
’ counsel,” replied Judge M. A. Mc-
Mullen, presiding over the trial.
"Yes, but they do not know any
thing about it,” McDowell replied, j
smiling as he spoke.
McDowell was not allowed to take j
the stand then, but later was permit- I
ted to talk, though his statement was
ruled out as evidence.
The defense first announced al
3:35 that it was ready to close, after
the state had finished, but afterward
requested that the decision be held
■up momentarily. J. L. Kelly, coun
sel appointed by the state to defend
McDowell, then asked that he be
sworn, and took the stand as a wit
ness in behalf of his side of the case.
Kell}’ testified that with the aid
of Dr. H. Mason Smith and Dr. W.
H. Spier, alienists for the defense,
he had prepared a list of books on
medical questions, a part of which
were fictitious. The list, he said,4
was read to physicians for the state
to test their knowledge • of matters
about which they testified. The list
was admitted as evidence over the
protest of the state.
Judge Charges Jury
Judge McMullen began reading his
charge to the jury just before 4
o’clock, after which arguments of
counsel will follow. Indications were
that the case probably would not
reach the jury until tomorrow.
McDowell was allowed to go on
the stand after Judge McMullen had
• finished his charge. The court an
nounced, however, that the story of
McDowell would not be a part of the
record.
The boy began in a rambling way
to tell of his experiences in St. Peters
burg, dealing with his associations
with R. G. Payne, insurance agent,
for whom he worked as a sub
agent, and telling of his efforts to
persuade his father to take out a
policy. The boy said he had great
difficulty in writing his father’s ap
plication, and could not remember
definitely whether he finally finish
, ed it or left it to his father to com
plete.
Admits Drug Addiction
The youthful slayer admitted that
he had been a drug addict for sev
eral years, and had taken several
kinds while he was a resident of De
catur, Ga. He said he had found
little difficulty in obtaining the drugs.
“I remember there was something
about having a book,” McDowell said.
"A man fro mthe Tampa Times came
over. Mr. Kelly took it away from
me. I don't believe I wrote that
note on Payne's typewriter. You
ought to have an expert.”
A. juror asked the boy, "Why did
you kill your mother and father?”
"I don’t know; I wish I had the
time to go through and tell you all
f about it.”
Another juror asked: "How long
after you killed your sisters was it
before you had a spell?”
”1 don't know. Dr. McMullen never
me; he just said something
’ me having summer dates at
jail,” McDowell went on. Dr.
McMullen was a. rebuttal witness for
the state, and testified that he had
examined the defendant.
Asked About Decatur Fire
Juror: “We would like to know
about the burning of the house.”
Answer: “I do not know. Once
before 1 had set the kitchen on fire.
There was something said about find
ing a gun, but I don't know. I be
lieve if the heart-shaped note were
analyzed it would explain the situa-
> tion.”
He lost himself and asked the pros
ecuting attorney if he would not tell
him something to say about the evi
dence against him so he could say
something about it.
"Winters always had a depressing
effect upon me,” McDowell said.
In reply to a question from a juror
as to how he killed his parents, Mc-
Dowell told a rambling, disconnected
, story that he did not think anybody
would think it was a crime, that he
would be responsible. He was on the i
* stand abouf thirty minutes.
Faking, Doctor Testifies
That McDowell has practiced ;
fraud in his efforts to create the,
impression that he was insane at the |
time he killed his mother and father. >
was the substance of testimony of j
Dr. J. T. Bowen. Clearwater physi |
cian. placed on the witness stand in I
rebuttal of testimony’ of alienists for |
the defense.
Arguments began at 4:15 o'clock.
Judge John U. Bird, assisting in i
Drs. McMullen and Lambdin both I
said they had examined McDowell
and considered that he knew righ' I
from wrong at the time he killed his I
f parents.
George M. Coslick, chief of police i
of St. Petersburg, rebuttal witness I
for the state, said McDowell told I
him that he realized after shooting 1
his mother and father that he had
done wrong, admitting* soon after
the crime, he knew he had "made I
an awful mess of it.” and the onlv
thing to do to cover up
the deed. The chief said McDowell
told him that he always had wan.
ed money, because "he knew he
was a smart man” and felt that
lack of money held him back.
' The defense finished at 11:14 a. I
m.. following testimony of Dr. H.
Mason Smith, Tampa alienist, who
for seven years was connected with
the State Hospital for the Insane
at Chattahoochee.
Dr. Smith testified that in his
opinion the defendant "as in such
a t'hvsical and mental condition that
he could live but a Lew years longer.
ft mtinjoci 'g d’vj no (Mitupitoj) .
Published Every Tuesday, Thursday and Saturday
World News
Told in
Brief.
I ROME —The Vatican decided on a
j ceremony for Ras Taffari, regent of
Abyssinia, visiting Rome.
LOS ANGELES.; —Five Chinese
j are shot to death in tong war in
Mexicali, Mexico, dispatches say.
PARIS, France. —French chamber
' of deputies votes confidence in Har
riot government by vote of 313 to
234.
BANGKOK —United States army
aviators fly from Saignon, French
Indo-China, to Bangkok, Siam, on
their way around world.
CAMBRIDGE, Mass. Harvard
university, at its 283rd commence
ment conferred 1,486 degrees, the
largest number in its history.
NEW YORK. —William G. McAdoo,
candidate for Democratic presiden
tial nomination, arrives in Nev/
York for national convention.
CANTON, China. —Chinese bandits,
holding E. H. Carne, of Australia,
one of the four missionaries, cap
tured last month, ask $30,000 ran*
sOm for his release.
TOKIO. —Reasonable elements
Japan are taking up fight against
boycott of American goods inaugu
rated as protest against exclusion
of Japanese from America.
MOSCOW.—Except in Russia,
membership of the communist party
is declining, G. S. Zinovieff, chair
man of fift hcongress of Third In
ternationale, tells delegates.
BRUSSELS. —Belgian senate, aft
er stormy debate, votes to send tele
gram of sympathy to Italian cham
ber of deputies on disappearance of
Signor Matteoti.
W ILK ES-BARRE, Pa.—lnvesti
gating committee of United Mine
Workers begins sessions to deter
mnie causes of many small strikes
in Wilkes-Barre district.
WIMBLEDON, England. —America
loses Wightrmin tennis cup to Great
Britain whrX Kathleen McKane de
feats American women’s champion,
Helen Wills, at Wimbledon.
LONG BEACH. Mayor William
H. Reynolds and City Treasurer
John Gracy, ,of Long Beach, Long-
Island. are found guilty by supreme
court jury of misusing city funds.
LOS ANGELES, Cal. Horace
Greer, formerly chauffeur for Mabel
Normand, film comedienne, is acquit
ted at Los Angeles, on charge of as
sault to commit murder of Court
land Dines.
NEW HAVEN, Conn. —Relations
between Canada and United States
have never been friendlier, Premier
William Lyon MacKenzie King, of
Canada, says, after receiving honor
ary degree from Yale.
MEXICO CITY —British embassy
turns over to American embassy
archives which have been cus
tody by Herbert C. Cummings,
ish agent whom Mexican govern
ment seeks to expel.
CHICAGO Mystery surrounding
hold-up of Chicago, Milwaukee &
St. Paul train and robbery of $2,-
075,000 is solved, postal officials an
nounce, following arrest of four sus
pects, one of whom confesses.
POUGHKEEPSIE. —Yale’s combi
nation crew defeats Harvard's com
bination in close race on Thomas
course on eve of varsity event, which
is expected to be closely contested,
although Yale is general favorite.
WASHINGTON. —Senator Joseph
T. Robinson, of Arkansas, Democrat
ic leader of the senate, and Dr.
James F. Mitchell, prominent sur
geon, had a fistic encounter on the
golf links, the Washington Post said.
SACRAMENTO, (VI. Foot and
mouth disease conditions in Cali
fornia were described as vastly im
proved by Dr. John Mbhler, chief of
the bureau of animal husbandry of
the United States department of ag
riculture.
TORONTO, Ont. —Canadian postal
strike is held-up pending acceptance
by government of suggestion of ex
ecutives of Canadian Federation of
Postal Employes that dispute be
opened to arbitration through gov
ernment channels.
ST. JOHNS, N ,F. —Canadian Pa
cific steamer Metegama. with 700 pas
sengers aboard and Italian steamer
Clara Camus, eight hours after their
collision seventy miles from St.
Johns. N. F., limp into port, both
badly da ma ged.
WASHINGTON. The state de
partment received official notifica
tion from Aniabassador Herrick that
he had exchanger atifieations with
the French government of the treat
ies known as the B mandates, affect
ing former German -colonial posses
sions.
ST. PAUL, Minn.—Farmer-labor
convention at St. Paul before ad
journing nominates provisional tick
et. headed by Duncan McDonald,
former president of United Mine
M orkers of Illinois, and adopts pro
gram advanced by communists.
SAN FRANCISCO—Fire that de
stroyed girls’ school at Playadel
Key, Cal., on May 31, costing 24
lives, was set by Josephine Ber
tholme, an inmate, who wanted her
mates to be free and have good
time, she tells district attorney,
M ASHINGTON.—In taking over
the British legation at Mexico City
the United States did not assume the
task of watching over the interests
of British nationals nor any func
tion beyond the actual physical cus
tody of the archives and effects.
PROVIDENCE. R. I.—Rhode Is
land legislature recesses overnight
after reconciliation betkveen filibus
tering Democrats and Republicans
fail: blame for placing of chlorine
bomb in chamber and consequent dis
ruption of session is not yet placed.
ST. PAUL—National Farmer-La
bor Progressives convention elimi
nates Senator La Follette as possi
ble presidential candidate at his own
request; organization committee rec
ommends convention remain free to
negotiate with other groups as to
candidates and platforms.
TOKIO— American reply to Jap
anese protest against Japanese ex
i elusion provisions of immigration
act. made public simultaneously at
Washington and Tokio, deciares
■ congress was within right in passing
: act and executive is allowed no la.i-
I tude in .arrying out legislative will.
THREEARE KILLED
AS TRAINS COLLIDE
NEAR ADAIRSVILLE
I
Atlantians in Casualty List.
Inquiry Ordered to Place
Blame for Crash -
Three persons were killed and
four others injured early today when
Nashville, Chattanooga and St.
Louis southbound pasenger train
No. 3 collided with a work train one
and a half miles south of Adairs
ville, Ga., according to local offi
cials of the railroad.
The dead;
H. J. Robinson, engineer of work
train; J. L. Lockridge, brakeman on
work train; John Tomlinson, brake
man on work train.
The injured:
J. H. Dyar, conductor on passen
ger train; H. L. Payne, brakeman
on work train; R. E. Reagan ano
W. B. Chastain, the latter two mem
bers of the work train crew.
According to advices received by
the Atlanta offices of the railroad,
the wreck occurred at 5:05 o’clock.
It was expected the track would bt
cleared within a few hours. Trains
are being detoured via Rome, Ga.
OFFICIAL INVESTIGATION
TO SEEK TO PLACE BLAME
T. G. Delph, chief clerk in the
office of the devision superintendent
of the N., C. & St. L. railway in At
lanta, said an official investigation
would have to be made before the
cause of the wreck could be stated.
He said it appeared tha’t the work
train crew apparently forgot about
the passenger train being due near
Adairsville and set out from Adairs
ville to where some work was being
done on the track north of there.
The passenger train was No. 3 from
Nashvillb to Atlanta, due'to reach
here at 7:30 a. m.
J. H. Dyar, conductor of the pas
senger train, listed as one of the
injured, lives at 71 Druid place, and
W. B. Chastain, fireman of the pas
se.. .r train, also slightly injured,
lives at 105 Confederate avenue.
$55,000 Damage Done
By Heavy Windstorm
Around Shelby, N. C.
SHELBY, N. C., June 19.—Dam
age estimated at more than $55,000
was don ein Shelby and vicinity last
night by a wind, rain and electrical
storm. In the city $50,000 damage
was done when lightning set fire
to the Thompson Lutffcer company
plant and destroyed it. Fire- caused
by lightning also set fire to a resi
dence and to the Princess theater,
doing $5,000 damage to the resi
dence. Heavy rain that followed ex
tinguished the flames in the
theater.
Reports from Stubbs, four miles
east of here, said that the roof was
blown off the Buffalo cotton mills
there, and a number of other build
ings damaged. Telegraph and tele
phone lines are down and great dam
age to crops is reported.
EIGHT-YEAR-OLD BOY
IS KILLED BY LIVE WIRE
CHARLOTTE, N. C., June 19.
Worth Rogers, 8-year-old son of A.
M. Rogers, formerly of Columbia.
S. C., was instantly killed here last
night when he came into contact
with a 2,300-volt power line which
had been blown down during a- heavy
wind, rain and electrical storm.
Bomb Thrown Into
Crowd at Reception;
Three Are Killed
CANTON, June 19.—(8y the Asso
ciated Press). —Three persons were
killed when an unidentified armed
assassin threw a bomb among the
guests at a reception this evening
nt the Victoria hotel in Shameen
(the foreign quarter), to Governor
General Merlin, of French Indo-
Ch’na. The bomb-thrower escaped.
Acting French Consul Dr. Casa
blanca, Knight of the Legion of Hon
or, holder of the Croix de Guerre, and
director of the French Indo-China
hospital here. M. Pelletier. Mme.
Demiritz.
In addition. Captain Berrier, aide
de camp to Governor General Mar
lin and H. G. Gerin, head of Gerin,
Drevard & Co., silk merchants, were
severly wounded, and three others
less seriously hurt, by the explo
sion.
After throwing the bomb, the as
sassin fled, firing back wild shots at
his pursuers. Before a successful
chase could be organized he had
plunged into the nearby river and
disappeared.
Georgia Woman Will
Found Mission in Honor
Os Deceased Daughters
HAZLEHURST. Ga.. June 19.
Mrs. J. C. Bennett will establish a
I mission memorial in India in mem
ory of her two little daughters, Mar
tha and Margaret, who died several
months ago, the deaths occuring a
little more than three months apart.
Although Mrs. Bennett did not dis
j close her plan in detail, she stated
I that the mission would be called
I the Martha-Margaret memorial, and
I that Mary Bennett, her daughter,
• who has been attending the Cin
-1 cinnati Conservatory of Music.
I would go to India some time in the
future as a missionary and co-
■ founder of the memorial.
For many years Mrs. Bennett has
I been interested in missionary work.
I and has taken an active part in that
j endeavor here.
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Held on Murder Charge
As Target Shot Kills
Neighbor in Greenville
GREENVILLE, S. C., June 19.
R. A. Norris, 21 years of age, local
cotton mill operative, was charged
with the murder of J. Marvin Haw
kins by having discharged a pistol
bullet in the direction of Hawkins
"in a careless and dangerous man
ner" in a coroner's jury verdict re
turned Wednesday. Norris was re
leased on $1,500 bond.
Hawkins was shot dead while
working in his garden in a local
suburb Tuesday morning.
Norris later told officers that he
had fired one shot at a target in
the yard of his boarding house a
hundred and fifty yards or more
Pom the Hawkins home at the time
Hawkins was killed.
FARM-LABOR PARTY
NAMES M'DONAI 0
AS HEAD OF TICKET:
I
ST. PAUL, June 19.—(8y the As
sociated Press.) —The new Farmer-j
Labor party reached the nomination ;
stage late Thursday. Alexander j
Howatt placed the name of Duncanj
McDonald, of the United Mine Work
ers of Illinois, before the convention.
P. A. Peterson, a Minnesota dirt
farmer, offered LaFollette as a can
didate. He withdrew it when Wil
liam Mahoney, St. Paul, repeated the
word that reached the convention
last night that Senator LaFollette
would publicly repudiate an indorse
ment by the new party.
Two-thirds of the delegates came )
cheering to their feet and for five
minutes yelled approval of Howatt's
nominee. The farmers generally
kept their seats. Alice Lorrain Daly,
of South Dakota, seconded the nomi
nation.
The nominations were closed and
without waiting for a vote of any
kind, Charles E. Taylor, chairman,
declared McDonald the unanimous
choice of the convention. Again the j
farmers kept their seats through the
demonstration.
A resolutionto indorse La Follette
on condition he accept the platform
and national committee control of
the new party was tabled. So was
a minority report that would have
limited action to an indorsement of
La Follette.
Recess During Argument
The convention recessed until after
noon while the argument was at its
height.
"We will not permit the name of al
nian, which is a name only now, not
even a candidate, to represent us, ini
this great fight t hat will end only |
when the farmers’ and workers’ gov-1
ernment is a realty,” Ruthenburg i
said.
"You cannot get my consent or co-j
operation to any program that does
not represent the whole of the farm
ers and workers,” Mills said.
Formation of me party went
through practically without debate
when the convention learned that
the Communists had given up their
plan for immediate launching of a
national organization. This left the
plan fathered by William Mahoney,
St. Paul union laborite, the only one
in the field.
It was modified, however, by the
inclusion of a provision that the na
tional committee of the new party
should include two members from
each national political group affili
ated with the organization. This
opened the gateway for representa
tion, as such, of the Workers’ party,
and the Federated Farmer-Labor
party, organizations headed by Wil
liam Z. Foster and C. E. Ruthen
berg, who openly announced in the
convention that they were Commu
nists.
The fight on the platform came
unexpectedly just as the convention
seemed in a mood to adopt the docu
ment as read by Joseph Manley,
Foster’s son-in-law and chairman of
the platform committee. The Min
nesota farmers came forward with
a motion that the platform be print
ed so that each delegate might have
opportunity to study it.
The farm delegates were especial
ly chary about a* plank that "de
manded a system of land tenure
which would abolish landlordism and
tenantry and secure the land to the
users thereof.” They thought this
meant socialization or some form of
government ownership of their
acres.
Whatever ticket is nominated by
the convention will be provisional,
the national committee which the
convention agreed to organize hav
ing been empowered to negotiate
with other Farmer-Labor organiza
tions in an effort to agree upon
candidates. This left the way open
for an indorsement of Senator Rob
ert M. La Follette if he decided aft
er the July 4 conference at Cleve
land, to run as an independent can
didate.
The senator blocked all though:
of direct indorsement by this con
vention last right when he sent
word through John F. Sinclair, of
Minneapolis, that he would not con
sider any action in his behalf by
the new party. Word of this was
passed around the convention but
was not announced openly.
The new party is to start out on
a provisional basis with state and
national conventions set for some
time after the November election
The 1924 campaign is to be devote 1
to organization work in the states
under the general plan of enrolled
membership in the Farmer-Labor co
operative organizations and district
political units, used in Minnesota.
The organization committee de
clared its creation should be "free
from any alliance with or subject
to the control of any organization
existing in or controlled by a for
eign country.” It was equally em
phatic in declaring the party apart
from “any organization serving the
interests of those who profit from
the private ownership of the great
monopolies.” Both the R publican
and Democratic parties were placed
in this class.
Delay in delivering printed copies
of the platform held up the start of
the morning session. It w s thirty
minutes l’t - n convening and then
j found itself without butmtss. bpc th
. making filled the gap.
DEIOLOCKED SERIATE
CHAMBER ■G.ISSED'
TO HALT FIIJBIJSTEB
Democratic President Orders
Arrest of Republicans
Claiming Illness
PROVIDENCE. R. T.. June 19.
As a result of the loosing of poison
ous fumes in the state senate cham
ber, the Republicans members, who
constitute a majority, today refused
to attend the senate session and were
arrested on a. warrant obtained by
Lieutenant Governor Felix A. Ton
pin, the Democratic president of the
senate.
Senator Arthur A. Sherman, Re
publican floor leader, was in a hos
pital suffering from the effects of
the gas, and High Sheriff Jonathan
Andrews refused to force the IS
other Republicans to enter the sen
ate chamber.
A large wad of gauze soaked in a
liquid, supposed to have contained
chlorine, was found wrapped in news
papers m the curtains behind the
rostrum after the fumes had spread
through the chamber. The persons
nearest the parcel were Mr. Toupin
and other Democrats, but with one
exception the only senators who com.
plained of the effects of the gas were
Republicans. Mr. Toupin declared
he was "in first rate shape” and
other Democrats said the Republic
ans were "bluffing” as to their con
dition so as to absent themselves
from the chamber and hold-up the
senate proceedings.
Governor Joins Probe
Governor William S. Flyn declared
“an attempt has been made to poison
the lieutenant governor.” His lieu
tenants joined with the local police in
an investigation to discover who had
placed the "bomb.”
Sheriff Andrews, in support of his
refusal to compel attendance by the
Republicans, produced a certificate
signed by Dr. Herbert E. Harris stat
ing the senators he had examined
were unfit for duty. Mr. Toupin
then obtained a warrant for their ar
rest and the Republicans were scorted
from the building under police guard.
The lieutenant governor declared a
recess and a meeting of Democrats
was held in the governor’s office to
discuss legal steps to meet the
sheriff's refusal.
An ambulance took four senators
to a hospital, but soon after noon
the authorities there said that Sen
ators Harry A. Sanderson, of John
ston; William L. Sharpe, of East
Greenwich, Republicans, and John
H. Powers, of Cumberland, Demo
crat,, had left in an automobile. Sen
ator Sherman, it was said, was “rest
ing comfortably.” Senator Powers
was the only Democratic senator to
be t < eated by a physician.
When the gas episode halted pro
ceedings, the senate had been in
session continuously since 2 o’clock
Tuesday afternoon, when an attempt
by Senator Sherman to take control
of the senate led to a free for all
fight in the chamber.
Locked Since January
The senate has been in a virtual
deadlock since the beginning of the
present session last January. The
Democratic minority has been try
ing to put through a measure for a
referendum for a constitutional con
vention, but the Republicans have re
fused to pass it. Mr, Toupin adopted
a policy of refusing to recognize Re
publican speakers, and the Demo
crats have been engaged in long
filibusters to prevent the considera
tion of Republican business.
Sunday School Teacher
Is Shot at Church
Supper in Jacksonville
JACKSONVILLE, Fla.. June 19.
Mrs. Mary Walker Hinsey, thirty, a
Sunday school teacher, was shot
last night by Roe Price Wise, pro
prietor of a drug store, while >she
was attending a weekly supper at
the Main Street Baptist church,
here. She was not seriously wound
ed. M ise was said to have entered
the church and fired three shots at
Mrs. Hinsey, two of them going
wilcL The third shot struck the
woman in the hip. Wise was over
powered.
Wise, who is 38 years old. was re
leased on SSOO bond this morning.
J. Cr. Hensey, husband of the wom
an, swore out a warrant for Wise
this morning on charges of assault
to murder, and Judge Craig stated
a hearing would be held as soon as
the woman was able to appear in
court to testify. Bond was fixed by
Judge Craig after he had received a
report from a physician who is at
tending the injured woman, to the
etfect that Mrs. Hensey will recover.
When seen this morning by news
papermen, Wise refused to make a
statement. He was so nervous he
could hardly talk.
“Why did you shoot Mrs. Hen
sey?” l.e was asked.
“No,” he stammered, indicating
he would say nothing, and patted
the newspaperman nervously on the
sohulder.
Mrs. Hinsey, at a hospital, re
fused to discuss the shooting. Her
husband said he could not under
stand why Wise should shoot his
wife unless it was because she re
fused several weeks ago to accept a
position in his store. Mrs. Hinsey
formerly worked in the Wise store.
The Weather I
LOUISIANA. ' — Saturday partly
cloudy: local showers; cooler in north
portion.
AR K ANS A S. —Sa tu r day, probably
th unde rah ower s; coo le r.
OKLAHOMA. Saturday partly
cloud.’-.
Vl’lGlNlA.—Saturday local thun
dershowers; cooler by Saturday
NORTH CAROLINA. SOUTH
CAROLINA. GEORGlA.—Saturday
partly cloudy; probably scattered
thundershowers.
FLORIDA. —Local thundershow-
iers Saturdav.
EXTREME NORTHWEST FLOR
IDA. ALABAMA. MISSISSIPPI.—
i partly cloudy, with scattered thun-
I dershowers Saturday.
TENNESSEE. Local thunder
showers and cooler Saturday.
KENTUCKY. Local thunder
showers Saturday; cooler Saturday.
Atlanta, Ga., Saturday, June 21, 1924
MELLON DEFEAT OF KENYON
STIRS ANTAGONISM OF WEST;
TRUST DOMINATION SCENTED
lowaiarfs Vigorous Attack on Newberry’s Corrupt Elec
tion Also Suspected as Having Cost Him Favor of
Powerful Influences—Farmers Turn on Republicans
BY DAVID LAWRENCE
(Special Leased Wire to The Journal.)
(Copyright, 3924,)
CHICAGO, June 19.—The west—
and particularly lowa* —s just now
learning the inside’story of how the
nomination of Judge William S. Ken
yon for the vice presidency the
Republican ticket was blocked. From
returning delegates and their friends
the details have been pieced together
and it would appear that resentment
over the active part taken by Judge
Kenyon in the fight against Senator
Newberry, of Michigan, together with
an old grievance of Secretary Mellon
against the lowa leader, are held pri
marily responsible.
The delegates say that when Presi
dent Coolidge indicated his desire to
have Judge Kenyon nominated, the
secretary of the treasury promptly
telephoned the White House in pro
test.
“I’m thankful io Andy Mellon,” is
the comment Judge Kenyon recently
made about the affair to his friends,
for he is well satisfied with the feder
al bench and did not wish his name
to go before the convention.
But lowa is not thankful to Secre
tary Mellon. On the contrary, the in
cident has provoked, so much discus
sion that it may have a bearing on the
campaign in the west. There is a
theory here the secretary of the
treasury opposed Kenyon because
the latter on more than one occasion
in the senate fought the large busi
ness and financial interests of the
cast when they appeared before con
gress.
Fon instance, the Sioux City Tri
bune points out editorially that the
opposition of Secretary Mellon to
Kenyon dates back to the days when
the lowa senator fought the imposi
tion of any duty on aluminum on
the ground that trust-controlled prod
ucts shouldn’t be given special pri
vileges. Mr. Mellon’s large holdings
in the aluminum trust would have
suffered by putting aluminum on the
free list.
At the same time, of course. Mr.
Mellon had the right as a private
citizen to fight for the protective
tariff on his own products.
But what sticks in the craw of
the people here is that just, a week
before the Cleveland convention the
secretary of the treasury sent to
the senate a list including the name
of Judge Kenyon as among those
who had practiced before govern
ment departments since leaving the
senate. It so happens that Kenyon
resigned from the senate one day
and became United States court
judge on the next day. .The treas
ury department admitted its error,
blaming it on something in the di
rectory of lawyers. Judge Kenyon's
letter to Senator Brookhart on the
subject, which has been put into
WOULD NOT REFUSE
NOMINATION. DAVIS
WRITESTOFRIENDS
CHICAGO, June 19.—(8y the As
sociated Press.)—John. W. Davis, of
i West Virginia, former ambassador to
Great Britain, is not a candidate for
j the Democratic presidential nomina
| tion, but is willing to answer the call
I of the party to serve as its standard
' beater, he has written friends here.
"1 have taken in good faith,” Mr.
Davis said, “the position that I am
not a candidate for the nomination,
and that any decision to the contrary
must come from the party and not
from myself.”
The letter was made public Thurs
day after a luncheon of a number of
the friends of Mr. Davis who have
been active here recently in organiz
ing the John W. Davis-for-president
club. The letter was addressed to
Robert L. Burch, secretary of the
club, who had written the former
ambassador for a definition of his
attitude.
“If 1 were in any sense a candi
date, I should be delighted to send
to the club of which you speak a
few words of greeting,” Mr. Davis
I said.
“My only desire is that the party
shall choose the man best calculated
to lead it to success, for I agree with
yoti in thinking that the national sit
uation imperatively demands the re
turn of the Democratic party to pow
er.
“Elections turn, or should turn,
upon the question of confidence or
want of confidence in those who have
I been intrusted with the administra
j tion of the government.
“With the record of the last three
I years before them, it is inconceivable
I that the people should voice their
I approval of those now in power.”
A resolution commending the pub
lic record of Mr. Davis was approved
by the meeting.
Doctor Defies Robber
On Georgia Highway;
Narrowly Escapes
BAXLEY, Ga., June 19. —A bold
attempt was made at highway rob
bery in broad daylight Thursday
morning on the road from Alma to
Baxley at a lonely bridge across Bish
op creek, eight miles south of here.
Dr. J. H. Colvin was in a small coupe
en route from Bear Lake, Fla., to
Sylvania, Ga., and when he reached
the bridge, a man rose up in front of
him and commanded him to halt, de
manding his monev. When he re
fused and attempted to speed up his
car. the would-be robber fired two
shots at him. one striking the metal
covering of the body of the car and
glancing away, while the other ball
i went through lhe windshield and en
tered the cushion of the seat by > the
side of the doctor. The doctor re
turned the fire with his own pistol,
but could not tell whether any of
his shots took effect or not. He
| came on to Baxley and went back
with Sheriff Carter to the scene,
where a posse with dogs is trying to
trace the robber. It i- t’.'u"ht that
other highwaymen v, o-<- hi Men in
the undergrowth and und&r th'
i bridge. s
i
the official record, is rather caustic
about the “mistake.” He says:
“I understood the charge was
made by the secretary of the treas
ury on the strength of a firm name,
Kenyon, Kelleher & Mitchell, being
found in some law directory. There
never was such a law firm. I had
no knowledge of such name ever
appearing in any law directory.
"It woulq seem to be that before
making such charges against a
United States senator or a federal
judge that the secretary of the
treasury would have had some bet
ter evidence. On account of the re
straints properly imposed on a ju
dicial officer, I cannot characterize
this conduct in the language it de
serves. I should be glad to believe it
was merely a mistake.”
When Kenyon was in the senate
he made a farewell speech denounc
ing those who had voted for Sena
tor Newberry, of Michigan, whose
seat was contested because of
charges of corrupt use of funds in
the election. Many of the senators
he then opposed since have been
defeated for office. Some of them
were delegates to the Cleveland
convention and blocked any consid
eration in their delegations of the
name of the lowa senator.
All thi§ has provoked lowa news
papers to ask whether the Repub
lican convention was determined to
ignore the west, or whether it really
knows that the men who were hissed
at Cleveland, men, like Senator La-
Follette, of Wisconsin, have been
nominated by large majorities in reg
ular Republican primaries and that
they control the destinies of the Re
publican parties in their states.
Mellon or Coolidge Boss?
One of the leading newspapers in
central lowa, the Des Moines Reg
ister, carries an editorial denouncing
Secretary Mellon’s part in blocking
the Kenyon nomination, saying:
“It will make all the difference
in the world whether it is to be Pres
ident Coolidge as director general or
President Coolidge steered and di
rected. by Secretary Mellon.”
There is a good deal of sympathy
in the west for President Coolidge
in his effort to select a progressive
for vice president, but a growing
anxiety about the influences that
surround him, and already in this re
gion there are indications that Sec
retary Mellon himself may be talked
about a good deal on the stump in
the autumn campaign as an exem
plification of the conservative inter
ests which have the upperhand in
the councils of the Republican party.
lowa looks upon the Kenyon epi
sode as a test between progressivism
and old-fashioned stand-patism, and
judging from its present temper, will
not soon forget how her favorite son
I was punished for his leadership in
the farm bloc, his fight against New
berry and tariff privileges.
DIRECTED VERDICT
ISKED FOR Os IN
THE PHILIPS OISE
WASHINGTON, June 19—Attor
ney Frank J- Hogun, representing
Ernest C. Morse, former director of
sales of the war department and
named as one of the alleged con
spirators in the government surplus
lumber case, today argued before
Justice Bailey a motion for a direct
ed verdict of acquittal as to his
client. Mr. Hogan asserted the gov
ernment offered no u evidence and
had made no contention that Morse
at any time profited by the lumber
sales or had any private, business or
social relations of any kind with the
contractors or with the concerns
which bought the government lum
ber.
The prosecution pointed out the
evidenc eon which it will rely in op
position to the discharge of Morse
and John Stephens, who was a part
ner of John L. Philips in the con
tract with the government.
Counsel forth eother defendants
will argue for instructed verdicts as
to each of their clients, and will
present other motions to strike out
certain portions of the record.
Trust Prosecutions
Loom as Commission
Reports on Gasoline
WASHINGTON, June 19.—The fed
eral trade commission’s report on al
leged profiteering in the gasoline
industry, made at the request of
President Coolidge, has been laid be
fore the department of justice for ap
propriate action.
This course is believed to fore
shadow anti-trust prosecutions, as it
is being carefully studied by Augus
tus T. Seymour, assistant to the at
torney general in charge of anti-trust
prosecutions. '
Oconee Fish Reported!
Dying by the Thousand
Peter S. Twitty, state game and
fish commissioner, has sent a rep
resentative of his department to
Wilkinson county to investigate re
ports that the refuse from a large
paper mill near Gordon has polluted
the waters of Commissioner creek
and the Oconee river to such an ex
tent that fish are dying by the thou
sands and endangering the health of
the residents of that section.
Accoring to reports, the dead fish
are being washed up in lagoons and
backwaters of the streams, making
it necessary for farmers to withdraw
their cattle from pastures bordering
the creek and river for fear of poison
ing through drinking the contami
nated waters.
According to the commissioner,
the state laws are inadequate to deal
with commercial enterprises pollut
ing the inland streams, but such
measures as are possible under the
circumstances will be taken as soon
as official reports are received,
5 CEN lo .1 COPY,
SI A YEAR.
ND PROTEST PLANS
MIDE BY JAPANESE
TO NOTE OF HUGHES
u! S. Attitude Remains Un
changed—Conference Is
Held in Tokio
TOKIO, June 19.—(8y the Asso
ciated Press).—lt is learned authori
tatively that Japan does not noxr
contemplate another “solemn pro
test” such as that recently presented
to the Washington government,
though it is probable that a not*
will be sent shortly acknowledging
the receipt of Secretary of State
Hughes’ reply.
Japanese officials publicly approve
the note’s candor and friendliness but
obviously some disappointment as to
its tenor exists.
Coupled with indications of this
are evidences of appreciation for the
"difficulties”' of Secretary Hughes.
Several sections of the press have
been urging emigration on a large
scale to Mekico since the abrogation
of the “gentleman’s agreement.” The
goverijynent still is undecided on this
question, it is stated authoritatively.
Japan feels that there is no further
obligation to restrict emigration to
Mexico but, as one authority said,
“we have not hinted that the cessa
tion of this obligation means we will
throw the reins on the horse’s neck.”
Foreign Minister Shidehara today
reported to the Prince Regent the
receipt of the American reply to Ja
pan’s protest against the recently
enacted United States immigration
law barring Japanese and outlined
its contents.
After the foreign minister had re
turned from the imperial palace,
Premier Kato called at the foreign
office and conferred with him. It
is understood that the subject ot
the conference was the American re
ply and the desirability of making
a further protest to the United
States.
The more responsible elements
of Japan are taking up the
fight against the boycott of Ameri
can goods and the demand for the
expulsion of American missionaries
from the country, inaugurated as a
protest against the exclusion of
Japanese immigrants from America.
The Yokohama Exporters associa
tion, a Japanese organization, has
passed a resolution condemning the
proposed boycott.
The National Christian council,
the governing body of all the Prot
estant “missions,” native qhurches,
has declared its opposition to the
movement to expel missionaries and
divorce the native churches from
the American missions.
HUGHES NOTE SHOWS _ 4*-
MEASURE MUST STAND
WASHINGTON, June 19.— The
American gvernment has replied to
the Japanese protest against the
exclusion provision of the immigra
tion act in a note examining at
length the position taken by that
government, but admitted no ques
tion as to the right of congress to
take into its own hands the nation’s
sovereign power to control Immigra
tion through its borders. The com
munication wtts made public last
night simultaneously by the state
department and through the foreign
office in Tokio.
Cordial and friendly in tone, the
American reply at the same time
makes it clear that the United
States has at no time assumed any
obligation, written or implied, upon
which the exclusion provision in any
wav trespasses.
Secretary Hughes points out in.
the note, which is generally con
strued as demonstrating the view,
of the Washington government,|
that the exclusion law is a closed
incident, with no attempt to modifyi
its terms to be expected, that the
action taken is “mandatory upon,
the executive branch of the govern-| '
ment and allows no latitude for the
exercise of executive discretion as
to the carrying out of the legisla-,
tive will, expressed in the statute.”
Expressing pleasure over the
"friendliness and candor” of the
protest communication delivered to
him by Ambassador Hanihara and
giving assurance of the readiness of]
the American people to consider it
in “the same spirit,” Secretary l
Hughes then proceeds to an analy-, I
sis of the exclusion provision in its
application to all aliens ineligible to'
citizenship.
Taking into account the excep
tions provided, the secretary says,
the provision “does not differ great
ly in its practical operation, or in
tlie policy which it reflects, from
the understanding embodied in the
gentleman’s agreement.”
Expressing appreciation of Ja
pan’s co-operation in carrying out
this “long-established policy,” the
note adds that “indeed, the appro
priateness of that policy has . been
confirmed rather than questioned by
the voluntary action of your govern
ment in aiding in its execution.”
Liberty Not Impaired
Stating broadly the position of the.
American government, Mr. Hughes
declares it does not feel that, “by /
virtue of the existing understand
ing (the gentleman’s agreement), or
of the negotiations it has conducted
in the pant with the Japanese gov
ernment, it has in any sense lost or
impaired the full liberty of action
which it would otherwise have in
the matter.”
The note then cites provisions of
the commercial treaties entered into
between the two countries, and the
negotiations relating thereto, to show
that the sovereign right of freedom
in the control of immigration haa
'always been “fully reserved” by
the American government.
The Japanese government Is ad
vised that, from the effective date
of the exclusion provision, July 1,
1924, the Washington government
must consider it as released' from
any furrier obligation under the
gentleman's agreement.
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