Newspaper Page Text
Atlanta ©rMUttWa Journal
VOL. XXVI. NO. 144
LEOPOLD AND LOEB ARE GIVEN LIFE SENTENCES
TWO WORLD FLIERS
MMHim
ONE IS FORCEDM
Lt. Nelson Sails in Aboard
Escort Plane for Finish
After Stripping Gears
WASHINGTON. Sept. 9.—With ah
•|>ut .3,000 miles of the first air route
the earth safely completed,
(two of the army world fliers landed
.today at Bolling Field here to receve
a greeting in the name of the Amer
ican people from President Coolidge.
The president. Secretary Weeks and
high government officials of all de
partments wete present in person
to pay honor to Lieutenant Lowell
H. Smith, flight commander and his
daring comrade. Lieutenant Wade.
Lieutenant Nelson, piloting the
New Orleans, was forced down by a
stripped gear ten miles south of Bal
timore and will complete the journey
tomorrow.
Lieutenant Nelson later joined his
comrades at Bolling Field, coming in
an escort plane.
Lieutenant Harding, Lieutenant
Nelson’s mechanician, remained with
the disabled plane.
Coolidge Greets Them
When the planes arrived over Boll
ing field and made their landing, the
big machine in which Major Gen
eral Patrick, chief of the air service,
was riding' was mistaken for the
New Orleans in the confusion, and
it was not until this ship was with
drawn from, the line and taken to an
other part of the field that it was
realized that one of the world
cruisers was missing.
Air service officials couid not say
what effect the accident to the New
Orleans would have on the schedule
for the r emainder of the flight. It
seemed unlikely, however, that the
squadron could get away for Dayton,
Ohio, the next stop, for a day or
two.
Wild cheering and the sound of
sirens and automobile horns greeted
the fliers as they came down.
The planes were brought up in
line formation before the president.
President Coolidge received the
world fliers as they climbed from
their machines and came up to the
reviewing- stands. He smiled as be
shook hands with each man, but
made no address to them, although
he asked a question or two as to
their machines and was assured by
Lieutenant Smith for himself and
his comrades that they were “glad
to be here.”
The squadron arrived over Wash
ington from New York at 2:54 p. m.
today. They circued over the city,
with held guns below booming in na
tional salute, then headed for Arling
ton National cemetery to drop flow
ers on the tomb of America’s un
known hero of the World war.
Church Chimes King
There • were ten planes in the
squadron as it reached Washington
just as a thundershower broke with
a. heavy downpour of rain. The two
world cruisers, flying abreast, were
in the center of the group with the
smaller escorting planes, flanking
them. As tney appeared the chimes
at Epipnany church in the city be
low rang out first in “My Country
’Tis of Thee,” and then “It's a Long,
Lens Trail.” '
A forced landing at Aberdeen, Ml,
seventy miles north of Washington,
interrupted the New York-Washing
on lap. Fog over the bay and marsh
■egion about Aberdeen, the army ord
nance proving ground, compelled the
tilers. who, with their escorts, had
battled against head winds sill the
way from New York, to come to the
giounu ter re-rueling.
Coolidge and his cabinet.
Mrs. Coolidge anil the cabinet
lad* s. wet_e at Bolling Field early to
greet the air heroes on their arrival.
As word came that they were de
layed the president decided to stick
it out, abandoning luncheon engage
ments. He had already waited for
hours at the field despite rain and
moist.
officers at. the field had expected
the fliers to lunch with them but
promptly invited the .president and
Mrs. Coolidge when the chief execu
tive determined to stay on at the
field. Their invitation was as prompt
ly accepted and while the fliers were
lunching at Aberdeen Mr. and Mrs.
Coolidge went to the officers' mess
at the field as guests of the air serv
ice personnel.
Cabinet Also Guests
Cabinet members and their wives
also became the officers’ luncheon
guests and other high officials of the
government departments and of the
army and navy who had turned out
to pay their own tributes to the
worhf fliers. While preparations for
the meal went forward word came
from Aberdeen that the fog was al
ready lifting.
The rain had gone by 1 p. m., and
the sun. was shining over the city.
At the field the crowd of spectators
jammed every point from which the
landing place could be seen and
there seemed to be no desire to
leave.
The presidential party had return
ed to the field from the officers
mess and Mr. Coolidge stood out be
yond the guard line to watch the
antics of a lone scout tumbling about
high above patrolling the sky to the
north for first glimpse of arriving
machines. •
That the capital's greeting might
hold a military aspect befitting the
accomplishment of the army air
( service, (feneral Pershing undertook
supervision of a part of the arrange
nients. and in a personal order di
rected the full garrison at Fort My< r
to be paraded and that the troops
stand nt present arms, a salute to
their comrades of the air.
A troop of cavalry was detailed as
a guard of honor’■around the tomb
on the terrace of the memorial
amphitheater at the cemetery and
troops nt all other army posts in
the district were in line for the re-
C< ption.
Published Every Tuesday, Thursday and Saturday
[N. Leopold, Jr.
in ' -
Found on Own Porch
With Skull Crushed;
Wife and Man Held
FRANKLIN, Ga., Sept. 10. —Mrs.
Tobe Hyde and a man giving his
name as Dauss were lodged in jail
here Tuesday as material witnesses,
awaiting the outcome of Tobe Hyde s
condition. Hyde was found by a
passer-by early today on the floor
of his front porch with his skull
crushed, and is at the point of death.
The Hyde farm is about five miles
south of Franklin.
The passerby was hailed by some
persons at the Hyde home this
morning, and requested to return
to Franklin for a doctor. It wash
explained that Hyde had been lying
on the porch since 7 o’clock last
evening. The persons at the Hyde
home other than Mrs. Hyde and
Dauss, left immediately after the
doctor was summoned.
Dauss states that he knows noth
ing of how Hyde was injured, nor
does he know of his being beaten. I
It is, stated, however, that Dauss
had blood spots on his cloth'ng when
arrested, and that his nose is bruised
and skinned.
Mrs. Hyde will make no statement.
Thousands Seeking
Berths on ZR-3 on
Trans-Atlantic Flight
FRIE DE R ICHSHAFEN, Ger
many, Sept. 9.—(By the Associated
Press.) —Hundreds of telegrams and |
letters which could be measured by |
the bushel are pouring in upon the 1
American commission and the Zep- I
pelin officials from persons in va-1
rious parts of Europe who are de
sirious of having a. joy ride in the I
dirigible airship ZR-3. which has [
been constructed here for the United
States navy, when it cruises across I
the Atlantic ocean to Lakehurst, '
New Jersey.
Many of these requests are com- !
ing from American tourists in Switz- i
e.land and other countries who have !
been reading of the trial flights of |
the airship. One of the telegrams ■
was sent by the chef of the Hotel ;
Adlon, in Berlin, who is anxious to
work his way across the Atlantic. I
He promised if permitted to embark
on the ZR-3 that he would provide i
dishes for every meal that
is served during the voyage.
Oklahoma Calls for
15,000 Cotton Pickers
OKLAHOMA CITY, Okla.. Sept. I
9. —A call for 15,000 cotton pickers
to help pick Oklahoma's 1,289,000
bales of cotton crop was issued to- [
day by Claude Connally, state labor
commissioner.
Cotton picking has started this
week in many counties over the [
state, and a shortage of pickers has I
been the complaint from several [
counties.
Russ Georgia Province
In Throes of Revolt
CONSTANTINOPLE, Sept. .10.--
(By the Associated Press.) —The
struggle between insurgents and the
soviet forces in the Georgian repub
lic is continuing fiercely, according
to the latest reports reaching here.
The insurgents hold the principal
Trans-Caucasian railway. which
runs through Tiflis to Baku.
Martial law has been proclaimed I
throughout the Caucasus and soviet I
troops are being hurried to Georgia.
Judge Wright to Speak
ROME, Ga.. Sept. 9.—Defense il;;vi
will be observed at Rome with a
mass meeting nt the municipal audi
torium to be addressed by Judge
Moses Wright. The American Le
cion drum and bugle corps and the
Lindale band will play. Colonel Bar
ry Wright and Captain Joe Carr, re
serves officers, are in enarge of the
plans.
The Weather
VIRGINIA, NORTH AND SOUTH
CA ROLINA —Thursday fair.
11EO RGIA —T hll rsday fa ir.
FLORIDA AND EXTREMI.
NORTHWEST FLORIDA—Genet il
ly fair Wednesday and Thursday.
ALABAMA AND MISSISSIPPI
Thursday slightly warmernn inte
rior.
TENNESSEE AND KENTUCY—
Thursday unsettled and warmer.
LOU ISIAN A —Thursday generally
fair; warmer in the interior.
ARK 4NSAS -Thursd »y in re is ng
cloudiness.
OKLAHOMA—Thursdav unsell !♦'d
EAST TEXAS
Iv fair.
WEST TEXAS T y part!
cloudy.
Dress Remnants 66c a Yard
Remarkable offer on 5-yard rem
nants of serges, tii< .’tines and suit
ings being made by Textile Mills
Co.. Dept. 532, Kansas City. Mo.
Write them ’today for free informa
tion. (Adverti: ement.)
COLE BLEASE LEMS
BYRNES Bl 2.200
IN chum BICE
Columbia State Concedes
Victory, Saying Full Returns
Will Not Change Result
COLUMBIA, S. C., Sept. 10.—(By
the Associated Press.)—Cole L.
Blease, twice governor of South
Carolina, and twice before a candi
date for the senatorship, was lead
ing James F. Byrnes, representative
from the Second South Carolina dis
trict, by a margin of 2,210 votes for
the Democratic nomination as Unit
ed States senator upon the basis of
nearly complete unofficial returns
from yesterday’s run-off primary,
tabulated here early today.
The vote, representing 1,295 pre
cincts out of 1,354, stood: Blease,
97,462; Byrnes, 95,252.
John M. Daniel, assistant attorney
general, was leading .1. Monroe
Spears, of Darlington, 98,182 to 89,-
254 for attorney general, and B. Har
ris, incumbent, had a safe margin
over James W. Shealy, of Lexing
ton, for commissioner of agriculture,
their respective votes being 104.965
and 80,509.
Thomas S- McMillan, of Charles
on, defeated Representative W. Tur
ner Logan for the latter’s seat in
congress from the First district, and
in the Second district, Butler B.
Hare, of Saluda, was nominated over
Solicitor Robert L. Gunter, of Aiken,
lor the place now held by Represen
tative Byrnes.
j Although the returns were incom
plete the missing boxes were said to
contain insufficient votes to change
the relative standings as shown by
this morning’s tabulation.
The vote was: McMillan, 11.192;
Logai/, 8,387; Hare, 11,332; Gunter,
, 9,169/
Former Governor Blease went
I into a lead over Representative
Byrnes In’the first returns received,
and he held his lead throughout the
night, with the exception of a brief
period when the Aiken congressman
had some 400 votes more than his
opponent. The margin separating
the two candidates was seldom
greater than 3,000 votes, although at
times Mr. Blease’s lead approached
4,000. Later returns' favored Mr.
Byrnes slightly, with the result that
the final computation of available
reports showed a difference of 2,210
between them-
SENATOR JOSEPH E. RANSDELL
LEADING IN LOUISIANA
NEW ORLEANS, Sept. 10.—Sena
-1 tor Joseph E. Ransdell, of Lake
[Providence, apparently was renomi
[ nated in yesterday’s Democratic
■ primary by an indicated majority of
I more than 23,000 votes over Lee
I Thomas, mayor of Shreveport, ac-
I cording to unofficial returns early to-
I day.
i Returns from approximately 1,000
| precincts of the state’s 1,310, includ
-1 ing the city of New Orleans, com-
I plete, gave Ransdell 75,977, Thomas
I 52,056. The vote in New Orleans was:
Reports from the Sixtjh congres
sional district indicated a close rice
! between Representative George <•
iFavrot, of Baton Rouge, and Bolivar
I Kerhp, of Amite. Returns from 120
of the 177 precincts in the district
! gave Favrot 10,972, Kemp 9,792.
i This was the only one of the eight
! congressional districts in which there
! was a contest, the other seven con-
■ gressmen having no opposition.
Huey P. Long, chairman of the
; public service commission and candi
date for governor last year, was run
-1 ning far ahe.d of his opponent,
State Senator W. L. Bagwell, of West
Carroll parish. Scattered and incom
plete returns showed he was main
taining a lead of four to one for re
! nomination to the service cotnmis
I sion.
j District judges, district attorneys
land candidates for several places in
i the state court of appeals also were
i voted for.
GILLETT EAS\ WINNER
IX MASSACHUSETTS RAC E
BOSTON. Sept. 10.—An easy vie
i tory for Speaker Frederick 11. Gil
lett, of the national house of repre
sentatives. was tie outcome of the
three-cornered contest for the
Republican nomination for Unitec
States senator in yesterday's pri
mary. Returns from L 367 of the
1,432 precincts in the state, including
Boston, complete, gave:
Gillett. 137.022: Louis A. Coolidge.
> 87,103; Congressman Frederick W.
' Dallinger, 73,920.
RE EI.Ef TIOX Ol ( OUZENS
SEEMS SURE IX MICHIGAN
DETROIT, Sept. It'.—(By the As
‘ sociated Press.) —United States Sena
tor Couzens, of Detroit, apparently
has been nominated by the Repub
licans of Michigan to succeed him
self. At noon today, with I.SsS pre
cincts of the 2,765 in the state re
porting. he held a lead of 19.562 over
his nearest rival. Federal Judge Ar
thur J. Tuttle, of Detroit.
The vote stood: Couzers 222.374
11 I 11. Sn th. 24,467; 1
Tussing. 22,618: Judge Tuttle, 202,
812
Senator Couzens wi nt into thi
lead this afternoon when an
avalanche of votes from Wayne coun
tj, (Detroit), were tabulated. The
•senator led two to one over Judge
Tuttle in this city and plurality he-.
wiped out a lead of about 30.000
which Tuttle gained in oilier parts
of th? state.
The short term for the United
States senate, to fill the vacancy
created b\ resignation of former
S Xewberrj J which
Sen C ns was - ■
Governor Groesbeck until the time
of the November election this year,
also may have been won by Couzens.
Returns from 1.521 precincts in the
state at noon gave him a lead of
5.791 over Judge Tuttle for the Fe
-1 m nomination for t
which will expire next March. The
vote stood Couzens 165,308-' Hal 11.
Smith. 24.662: Arthur J. Tut: e. 159-
517.
Mortimer E. Cooley, dean of the
engineering department of the Uni
versity of Michigan, was the only
Democratic candidate for ‘-Oih long
ad short senatorial terms
Governor Alex J. Groesbeck was
WORLD NEWS
TOLD IN BRIEF
BL ENOS AIRES. —Censorship is 1
established throughout Chile.
TOKIO. Severe storms cause
thirty deaths and 312 injured. More
than 3,000 homes are destroyed.
WILMINGTONTxL c.— More than
million gallons of kerosene are de
stroyed in fire caused by lightning.
NORTHAMPTON. Mass. James
I',ucey, of Northampton, Mass., Pres
ident Coolidge’s shoemaker friend,
is nominated as Republican candi
date for state representative.
CHICAGO.— William M. Butler,
chairman of Republican nat'ocai
committee, issues statement declar
ing that J. W. Davis has been
eliminated from presidential contest
W A SIII NG T ON.—P resident Coo'
idge announces reappointment of
David J. Lewis, of Maryland, as
Democratic member of tariff com
mission.
SYRACUSE. N Y. —Thomas Hinds,
vetertn Grand Circuit harness racing
driver, dies after being thrown
from sulky during races at New [
York State fair here.
GENEVA. Disarmament com-1
mission of league assembly com-1
mences work on examination of
questions and data on disarmament |
and mutual plan of guarantees and [
assistance between states'.
LONDON. Janies A. Logan,
American unofticial observer with
reparation commission, will un
doubtedly be chosen American mem
ber of commission under Dawes’
plan, Paris cable says.
NEW YORK. —Marcus J. Gcroy.l
arrested at Williamstown, N. Y. j
for sending alleged threatening let-1
ter to Prince of Wales, is ordered
committed to state hospital for in
sane, following an examination.
SANTIAGO, Chile.—Tense excite
ment prevails after it becomes
known that a reunion of naval of
ficers at Valparaiso adopted resolu
tions aligning the army and navy in
a solid front against the politicians.
SHANGHAI Eleven hundred
marines, including 250 United States
troops’, land at Shanghai to take
up defensive position on boundaries
of international settlement and vol
unteer troops are mobilized for cal)
in emergency.
WASHINGTON.—President Cool
idge consents to consider evidence
of Canon William S. Chase, upon
which is based demand for deporta
tion of Luis Ai|gel Firpo, Argentine
heavyweight.
nominated by the Republicans for
a third term by an overwhelming
plurality. With reports from 1,527
precincts the vote stood Groesbeck
.152,223; Herbert Baker, 51,731; James
Hamilton, 62,124; Frederick Perry,
45,711 W. W. Potter, 10,929; Thomas
Read, 8,347; Charles R. Sligh, 51,-
656.
The renomination of the entire
Michigan congressional delegation
was indicated by additional returns
today from Tuesday’s statewide pri
mary.
VERMONT G. O. P. NAMES
GIBSON FOR CONGRESS
MONTPELIER, Vt., Sept. 10
Ernest W. Gibson, Republican con
gressman from the Second Vermont
district, was renominated yesterday,
defeating John W. Gordon by 3.700
votes out of a total of less than
19,000.
For the Republican nomination for
governor, Franklin K. Billings, the
present lieulenant governor, with a
vote of 29,000. defeated Roland E.
Stevens bv three to one. The Re
publican nomination for lieutenant
governor S-nte Sena/'j- Wal
ter K. Farns’vo '. > who defeated
State Senator J. Gteg-ry Smith.
Congressman Gibson’s act in vot
ing to override President Coolidge’s
veto of the soldiers’ bonus bill had
been used as a campaign argument
against him. Other th:i.< ’his, no
issues ta:srd had tny rearing on
the natici-al campa)., i.
FIFTH TERM ASSURED
FOR ARIZONA GOVERNOR
PHOENIX. Ariz.. Sept. 10.—Re- ,
nomination of Governor George W. i
P. Hunt, seeking his fifth term q,s ;
governor of Arizona, seemed assured j :
today on the face of returns from !
229 precincts out of 479 in the state. |;
which gave him a lead of more than '
two to one over the combined votes <
polled by his two opponents in the i
triangular contest in the Democratic
gubernatorial primaries. |;
The vote stood: Hunt. 9.371: Os- i
born, 4,105. and Samuel. 3,204. 11
” Dwight. B. Heard was leading I i
Thomas Maddock in the Republican [ 1
contest for nomination for governor 11
by 1,545 votes. The votes from 229 p
precincts gave: Heard. 5.097: Mad- I
dock. 3,552. A
i
KEMP NAMED TO CONGRESS
FROM 6TH 1.01 ISIANA DISTRICT
BATON ROUGE. La., Sept. 10.— I
Bolivar F. Kemp, of Amite City, was -
elected congressman from the Sixth i
congressional district over George; i
K. Fav»ot, of Baton Rouge, accord- t
ing to tie State Times. Kemp’s m-a-| <
jority will be approximately 1.250 : i
votes nracti. ally complete returns!;
indicate. With a few scattered pre- <
eincts missing over the district- 1
Kemp has a lead of 1 ) ->'• votes
KLAN C ANDIDATES LEAD
IN ( OI.ORADO PRIMARY
DENVER. Col., Sept. 10. —With '
nearly half of Colorado's 1,492 pre
cincts reported, Judge Clarence J. ,
Morley and Colonel Rice W. Means, j
Republican candidates for governor .
and United States senator short term. -
respectively, running with the sup" 'j
port of the Ku Klux Klan, were
holding lead? today. ]
The standing of the Republican ,
gubernatorial candidates in the Re- ;
publican primary, according to re- ]
ports compiled gy the Associated i
Press from 645 precincts was: Rock- <
well 2-3,181; Morley 24,236; Cooley ’
Means, klan endorsee, had a lead I
of more than 2,000 votes over his 1
nearest opponent. Charles W. Water
man, in returns from 588 purecincts.
The vote: Meins 17,587; Waterman
15,2>6, and Charles J. Moynihan, i
9.157.
In the race for Democratic nomi
nations for the short senate term,
Morris Shafroth. son of former
ed States Sei S had
a had of nearlv 6.'.'00 votes over
WASHINGTON. —Government re
port predicts a decline of 63.000.000
bushels in corn crop prospects.
I’LYMOUTH. Vt.—Coolidge-Dan es
caravan, bound for Pacific coast,
sets out from president’s birthp'lace.
NEW ORLEANS. — Four men are
shot to death and two others are
probably fatally wounded as result
of gun battle at polling booth of
St. Landry parish. Louisiana.
MOSCOW. —Soviet authorities in
troduce radio broadcasting in Rus
sia, and permit use of radio sets,
but prohibit receipt of matter not
sent out by government stations.
PUTNAM. Conn. —First National
Bank of Putnam, Conn., closed
when its cashier, G. Harold Giljat
ric, former state treasurer, at
tempted suicide, is short $700,000,
federal investigation shows.
DETROIT.—United States Senator
James Couzens is trailing Federal
Judge Arthur J. Tuttle in race for
Republican nomination for United
States senator in early returns in
Michigan.
SANTIAGO.—ChiIean senate de
i clines to pccer ■ resignation of Presi
dent Alessandri. who has removed
himself as- head of state at request
of military group and sought shel
ter of American embassy.
BOSTON—Frederick H. Gillett,
speaker of the house of representa
tives, has wide lead in race for Re
publican nomination as United
States senator on basis of early re
turns from Massachusetts primaries.
W ’.SHINGTON.—Two of Ameri
ca’s world flight airplanes reach
Washington safely in flight from
New York en route to Pacific coast,
but New Orleans, Lieutenant Nelson
piloting, is forced down by engine
trouble near Baltimore; highest of
ficials, including President Coolidge,
greet fliers at landin°- field.
AUGUSTA, Me. Election of
Ralph O. Brewster, Republican, as
governor of Maine, over Wm. R.
Pattangall, Democrat, and Bert M.
Fernaid, Republican incumbent, as
United States senator, as well as
all four Republican candidates for
congress, is assured.
NEW YORK.—American world
fliers on arrival at Mitchel field,
from Boston after receipts of New
York’s noisy greeting and personal
welcome from 15,000 at field, are
overwhelmed with messages of con
gratulations, including one from
King George, of England.
IB STITES FLAWING
lII6.IMOSUITOB
U. S. COMMENT
NEW YORK, Sept. 10.—Governor
Smith today approved a contract
whereby New York will join a num
ber of other states in a joint suit
against the United States govern
ment for the return of direct taxes
t proximating $300,000,000 paid im
mediately after the Civil war. New
York’s claim totals $49,029,87 5.
Virtually all the other states Ir
the union either have adopted o’
are negotiating contracts providing
for their participation in the joint
action, according to State's Attorney
General Sherman. Delaware, Floi
ida, Georgia, Illinois, Indiana, Lousi
ana, Minnesota, Mississippi, Mon
tana, New Hampshire, North Caro
lina, Oregon, South Carolina, Ten
nessee, New York and West Virginia
already have completed steps to
join the action, he said.
The sut will seek the recovery of
direct taxes levied by the govern
mnt on certain manufacturers in the
year 1866, 1867 and 1868.
Burton Smith, a New York lawyer
and brother of Hoke Smith, former
senator from Georgia, has been ap
pointed general counsel for all the
states.
Suits already authorized by sixteen
states call for the return of more
than $116,000,000. In addition to
New York’s more than $49,000,000 the
amounts to be sought are:
Delaware, $1,473,740.45; Florida,!
$918,004.82; Georgia, $11,897,094.98;
Illinois, $6,403,2269.72; Indiana, $2,-
154,361.09; Louisiana, $11,980078.14; j
Minnesota, $151,463.03; Mississippi,
$8,742,995.93; Montana, $33,410.53; .
New Hampshire. $6,523,114.60; North
Carolina, $2,682,964.60; Oregon, $235,-
630.85; South Carolina, $1,172,421.16;
Tennessee, $7,873,460.71; West Vir
ginia, $1,462,101.16.
Mr. Smith is by contract
with the lawyers representing the
respective states entering the com
pact. In addition to the sixteen
states entering the compact. In ad
di.ion to the ixteen states whiS’h al
ready have signed contracts, Mr.
Smith said, twenty-nine other states
are-preparing documents which will
make them aprties to the litigation.
The suit is to be filed in the United
States supreme court. It is to oe a
permissive suit, as the government
cannot be made defendant in civil
litigation.
A joint resolution to cover this ob
stacle was introduced in the senate
by Senator Keyes, of New Hamp
shire. last June and referred to the
judiciary committee after two read
ings.
This is the first organized effort
launched against the government for
the return of the direct tax, Mr.
Smith said. Manj individual suns
have been prosecuted, however, by
taxpayers or their heirs in different
states. A victory in the joint sun
would give the taxpayers who paid
the direct tax. or their heirs, an op
portunity to bring forward their
claims.
his opponent. Benjamin C. Hilliard,
of Denver. Returns from 423 pre
cincts gave Shafroth 8,571 and Hil
liard 2.882.
Senator Lawrence C. Phipps, Re
publican. and Alva B. A<’-tms. Demo
crat, were unopposed ami will op
pose each other for the six year
term in Noe ember.
Atlanta, Ga., Thursday, September 11, 1924
SHINGHII DEFENSE
PUSHED BISK. BUT
BEGIWSEOSTM
Furious Counter Attack
Straightens Line—More
Marines Landed
SHANGHAI. Sept. 9.—(By the As
sociated Press.)—A terrific rainstorm
which continued several hours and
flooded Shanghai streets to a depth
of two feet late this afternoon halted
fighting between the Chekiang and
Kiangsu armies west and northwest
of the city.
Chinese military traditions provide
for suspension of hostilities in bad
weather.
Reports received after the down
pour interrupted the war showed
that the Chekiang forces defending
Shanghai,, who started an active of
fensive against the Kiangsu troops
today, had made slight gains at some
points, merely holding their own at
others.
In addition, meager reports re
ceived from the westenli front where
Chekiang troops, assisted by some
from the province of Fukien, are
fighting northward along the west
ern shore of Taihu (Lake) indicated
that they were nearing Ihing, which
was being defended by two brigades
of Kiangsu soldiers.
Would Frank Invaders
Capture of Ihing will bring the
Chekiang army another step neater
its. objective, Changchow, on the
Shanghai-Nanking railway behind
the Kaingsu lines, severing the lat
ter army’s communications.
The Chekiang forces defending
Shanghai against the Kiangsu troops
regained alll the ground they lost in
the Liuho sector, northwest of this
city, it was announced here late
today.
Announcement of the successful
counter attack near Liuho was made
at the Lungwha headquarters of the
Chekiang forces after two major bat
tles had engaged the troops for sev
eral hours.
Both battles, representing counter
attacks by the Chekiang troops
against the invading Kiangsu forces,
were started at noon. One, in the
Shanghai-Nanking railway sector,
was started between Nansiang and
Hwangtu, with Anting, twenty miles
from Shanghai, as the objective. The
other was at Liuho, on the coast
northwest of Woosung. An observer
who returned from that front at 4
o’clock this afternoon reported that
he had seen the Chekiang troops
push forward their fighting line for
a gain of two miles.
Thci rainfall which stopped the
fighting started very soon afterward,
at about 4:15 p. m.
The Lungwha announcement re
ferred to the coiintcr-attack along
the railway as a “tremendous ef
fort.”
At almost the same time the fight
ing started, defense units mounted
guard at the approaches to the inter
national settlement and the French
concession, rnafting l effective in those
parts of the city the “state of emer
gency” which has been declared to
exist.
The international settlement here
tonight had assumed a most warlike
aspect. Defense units, besides plac
ing guards at all approaches to the
settlement, constructed a number of
barbed wire barricades fbr use in
the streets entering the Settlement,
in the event of an attempted influx
of straggelsr from the belligerent
qrtnies.
The municipal council this after
noon published regulations designed
to govern possible entry of Chinese
soldiers into the foreign sections.
Streets Kept Clear
“Chinese troops, soldiers and po
lice of whatsoever description are
forbidden to enter or remain in the
settlement or the roads belonging
thereto,” the regulations read.
“No person, unless he be a consu
lar officer, or a member of naval oi
military forces landing for the pur
pose of aiding the civil power or un
less duly authorized by this counsel;
shall under any pretense whatsoeve
appear on the streets of the settle
ment in uniform or wearing any dis
tinctive dress or badge signifying
membership in any particular organi
zation or association.
“No person shall under any pre
tense carry any flag or banner, or
wear any sash or device on the
streets bearing an inscription either !
in Chinese or a foreign language.
“Any person contravening the I
terms of this warning, or interfer- i
ing with police or authorized officers,
will lie arrested forthwith.”
Out of a series or reports from
the defending forces of Shanghai
in the last twenty-four hours it was
apparent that the fighting was be
ing carried closer to the city by the !
invading forces.
More Marines Landed
Warned by firing west of here
at Nansiang, twelve miles from the
citv, foreign governments landed
1.100 troops from twenty-two war
ships stationed in the harbor at !
daybreak today, and were ready to
defend the foreign settlement should
it come within the line of fire be
fore nightfall.
Marines were ordered to be landed
as follows: Representing the United
States. 250; Great Britain, 360; Ja
pan. 400; Italy, 100.
Fighting was carried on today at
three points on the 100-mile front
west and south of Shanghai. While
no decisive action took place, rein
forcements were thrown into the
fray by both sides.
There was some indication here
that General Ho Feng-Lin, defense
Commander <>f Shanghai, might quit
for a cash consideration of $2,000,-
000, but the report was not war
ranted by any of the aggressive
steps being taken by General Ho
to drive back the invading forces
from the western portion of Kiangsu
province in which Pekin is located.
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Text of Opinion
In Franks Case
CHICAGO. Sept. 10.—(By the
Associated Press.) —The full text of
Judge John R. Caverly’s decision in
the Franks case follows:
“In view of Ihe profound and
unusual interest that this case
has aroused, not only in this
community, but in the entire
country, and even beyond its
boundaries, the court feels it
his duty to state the reasons
which have him to the de
termination Jie has reached.
“It: is not an uncommon thing
that pleas of guilty are entered
in criminal cases, but almost
without exception in the past,
such pleas have been the result
of a virtual agreement between
the defendant and the state’s at
torney, whereby, in considera
tion of the plea, the state’s at
torney consented to recommend
to the court a sentence deemed
appropriate by him, and, in the
absence of special reasons to the
contrary, it is the practice of
the court to follow such recom
mendations.
“In the present case, the sit
uation is a different one. A
plea of guilty las been entered
by the defense without a previ
ous understanding with the pros
ecution and without any knowl
edge whatever cn its part. More
over, the plea of guilty did not
in this particular case, as it
usually does, render the task of
the prosecution easier by sub
stituting admission of guilt for
a possibly difficult anfl uncer
tain chain of proof.
Here the state was in posses
sion, not only of the essential,
substantiating facts but also of
voluntary confessions on the
part of the defendants. The plea
of guilty, therefore, does not
make a special case in favor of
the defendants.
Since both of the cases, that,
namely, of murder and that of
kidnaping for ransom, were of
a character which invested the
court with discretion as to the
extent of the punishment, it be
came his duty .under the statute
to examine witnesses as to the
aggravation and mitigation of
the defense. This duty has been
fully met. By consent of coun
sels for the state and for the de
fendants, the testimony in the
murder case has been accepted
as equally applicable to the case
of kidnaping for ransom. In
addition, a prima facie case was
made out for the kidnaping case
as well.
Detailed Testimony
The testimony introduced, both
by the prosecution and the de
fense, has been as detailed and
elaborate as though the case had
been tried before a jury. It has
been given the widest publicity,
and the public is so fully famil
iar with all its phases that it
would serve no useful purpose
to restate or analyze the evi
dence.
By pleading guilty, the defend
ants have admitted legal respon
sibility for their acts; the testi
mony has satisfied the court that
the case is not one in which it
would have been possible to set
t.p successfully the defense of in
sanity, as insanity is defined and
understood by the established
law of this state for the pur
pose of the administration of
criminal justice.
The court, however, feels im
plied to dwell briefly on the
mass of data produced as to the
physical, mental and moral con
dition of the two defendants.
They have been shown in es
sential respects to be abnormal;
had they been normal they would
not have committed the crime.
It is beyond the province of this
court, as it is beyond the ca
pacity of human science in its
present state of development, to
predicate ultimate responsibility
for human acts.
Alienist Testimony Futile
At the same time, the court is
willing to recognize that the care
ful analysis made of the life
history of the defendants and of
their present mental, emotional
and ethical condition, has been of
extreme interest and is a valu
able contribution to criminology.
And yet, the court feels strong
ly that similar analysis made of
other persons accused of crime
would probably reveal similar or
different abnormalities. The
value of such tests seems to lie
in their applicability to crime and
criminals in general. Sjnce they
concern the broad questions of
human responsibility and legal
punishment, and are in no wise
peculiar to these individual de
fendants, they may be deserving
of legislative but not of judicial
consideration. For this reason
the court is satisfied that his
judgment in the present case can
not be affected thereby.
The testimony in this case re-j
veals a crime of singular atroci
tj’. It is, in a sense, inexplicable;
(Continued on I‘age 2, Column 5)
a CEN io A COPY,
Si A YEAR.
DDYS HEIU JURIST
WITH STOICAL CILM
IS HE RECITES FITE
> )
Abnormality Plea No Factor,
Caverly Says, in Statement
Explaining Action
Leopold Gives Even Bet
That He, Loeb and Third
• Murderer Will All Hang
CHICAGO, Sept. 9.—Nathan
Leopold, Jr., today offered to bet
even money that he will hang
for the murder of Robert Franks.
He also offered to lay an even
term parlay bet that he, Richard
Loeb, his partner in crime, and
Russell Scott, awaiting trial on ■
charges of murdering Joseiph
Maurer, all will be sentenced to
hang.
The offer was made today in
the county jail when reporters <
were admitted fpr their last in
terview before Justice Caverly
will read his sentence tomorrow.
“I have only a penny,” Leo
pold said, pulling a single coin out
of his pocket, “so it will have to
be a gentleman’s agreement.”
None of the reporters offered
to take the bet and further* pro
ceedings were stopped by a guard,
who reminded the youthful slayer
that betting is prohibited by the
jail rules.
“Well, I don’t want to go to
the island (solitary confinement),
so I guess we can’t really bet, ’
Leopold said.
CRIMINAL COURT BUILDING.
CHICAGO, Sept. 10.—(By the Asso
ciated Press.) —Sentence of life im
prisonment lor the murder of four
teen-year-old Robert Franks and of
ninety-nine years imprisonment for
kidnaping the boy, were meted out
today to Nathan F- Leopold, Jr., and
Richard Loeb by Judge John R. Cav
trly. The youth of the defendants,
eighteen and nineteen years, was all
that saved them frotri" the noose.
“It would have been the path ot
least resistance to impose the ex
treme penalty of the law,” said the
gray-haired judge in hisdecision.
“In choosing imprisonment instead
of death the court is moved chiefly
by the age of the defendants, boys
of eighteen and nineteen years.”
“It is not for the court to say
that he will not in any case enforce
capital punishment, but he believes
it is within his province to decline
to impose the sentence of death on
persons who are not of full age.
“This determination appears to be
in accordance with the progress of
criminal law all over the world and
to the dictates of enlightened hu
manity. More than that, it seems
to be in accordance with the
precedents in this stace.”
Only Two Minors Hanged
“The records of Illinois show on
ly two cases of minors who were
put to death by legal process, to
which number the court does not
fee! inclined to make an addition.”
Judge Caverly added that while
life imprisonment “may not strike
the public imagination as forcibly
as would hanging,” yet “to the of
fenders, particularly of the type
they are, the prolonged suffering
of years of confinement may well
be the severer form of retribution
and expiation.”
He pointed out that under the
state law it is within the dis
cretion of the department of publics
welfare never to admit these - * de.
fendants to parole and that “if thia
course is persevered in, the pun.
ishnient will satisfy, the ends of
justice and saf ’g’jard the interests
of society.”
Crowe Still for Death
Robert E. Crowe, state’s attorney,
in a formal statement issued imme
diately after the session, said:
“I still believe that the death pen
alty is the only penalty feared by
murderers.”
He said the responsibility for the
decision rests with the court alone
and that he had no desire to criticize
it, but. that he would continue*to du
“everything within my power to en
force the law honestly and vigorous
ly without regard to the status of
the criminal.”
State’s Attorney Crowe said that
Leopold and Loeb probably would
not start for Joliet before 2 p. m.
Should it take more time to execute
the necessary papers, he said that
the start would not be made before
i r. ni.
“It was all we could have asked
for,” said Clarence S. Darrow, chief
of defense counsel. “There will be
no appeal.”
“I do not regard it as a victory
except a victory for justice,” said
Benjamin Bachnach of defense coun
sel as he shook off those who offered
congratulations on the youths’ es
cape from the noose. “Do not con
gratulate me personally.”
Nathan F. Leopold, Sr., sat silently
weeping. He offered no comment
and merely nodded his head when
friends grouped about him and whis
pered in his ears.
Foreman Leopold, Nathan’s older
brother, relaxed visibly as the judge
reached the words in his statement
which meant life for the youths. He
had sat with tense face as the judge
read from his maunscript..
Won’t Seek Release
Nathan Leopold, Sr., said he would
never attempt to obtain the release
of his son from the penitentiary.
When asked again if that was his
attitude, he replied emphatically,
“surely, surely.”
Allan Loeb, athlete brother of
Richard, beamed smiles, but said
nothing. Jacob Leob, uncle of Rich
ard, and former head of Chicago's
public school .board, remained silent,
although he relaxed visibly after
Judge Caverly had passed sentence.
The Loebs and Leopold watched
anxiously as Nathan, Jr., and Rich
ard were herded quickly back to
the elevator to be returned to their
jail cells. Then, as the court room
emptied rapidly, Jacob Loeb inter
rupted an interview of a half score
of newspapermen with: “Oh, Clar-
(Continued on-Page 2, Column 1)