Atlanta Georgian and news. (Atlanta, Ga.) 1907-1912, February 05, 1907, Image 1

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Atlanta Georgian and News VOL. V. NO. 185. ATLANTA; GA., TUESDAY, FEBRUARY 5,1907*. THAW’S FAMILY PHYSICIAN The Name Atlanta News SAYS HARRY WAS INSANE Women Expected to Testify Early in Trial. HE LOOKS TO THEM TO SAVE HIS LIFE Attorney Gleason, in Speech to Jury, States Line of Defense. New • York. Feb. 6.—Having an nounced tie Intention to ^".mulratt to the jury that Harry K. Thaw woe Inaane when he killed Stanford White on Madlaon Square Roof Garden last nummer, the defense today called wit- naeses to make good Its declaration. It le very'apparent that the accused man depends to a large extent Upon the testimony of bis wife to clear him. It Is Intimated that the story she will tell will be of a aensatlonai nature. It Is stated Mrs. William Thaw <s anxious to glee her testimony as to . hereditary Insanity. Strong Influences have been brought to bear to keep her from allowing this line of defense to be followed, but ehe has dtflnltely decided Edward Thaw, the prisoner's full Thaw, brother, and Joslah Thaw, his half brother, were the only members of the Thaur family allowed in court today. Both sat near Thaw. Net the Seme Thaw. The Harry Thaw of the daye of the Jury choosing Is no mure. Thin he was alert and even half the time he was smiling. Now his face shows queer florid patches He leans forward al ways, with his hands clasped In front of him at the table, and he no longer has occasional chau with lawyer Pea body, who sits next to him. Dr. C. C. Wiley, of Pittsburg, the lyslclan, who Is connect Thaw family ph: Dismount Insane Asylum, ed with the wae the first witness called to the eland. He was questioned by Attorney Gleason, of counsel for the prisoner. Had Studied Insanity. Dr. WTley said he had devoted years • of hla Ilfs to tHy study of Insanity and witness detollod an Inc Id sat which oc curred In the summer of 1106. He said Thaw entered a street car In Pittsburg and acted to a very irrational manner. Mr. Wesson propounded a hypothet ical question In which he outlined Thaw’s act of shooting White. Than he asksd Dr. WUey If he could express tin opinion on such an action com milled by the man he mw In the car In PHU- burg. The wltneee anewered In the affirma tive, and started to say It waa his be lief. when District Attorney Jerome In terrupted with a statement that the witness could only express an oplnlo-i. "Then," replied Dr. Wiley, “my opin ion Is that the man who committed the act described was suffering from In sanity." As te Hereditary Insanity. j Q. Is the question of heredity an Ini- I portent factor? A. Yes. sir. Q. In referring to the question of hereditary Insanity would you regard | the Insanity of relatives of the defend-1 ent. who traced their origin to a com-' mnn source, as Important? A. I would. Mr. Jerome objected. "Hereditary In fluences have nothing to do with the question." he Mid. ■ Cross-examined by blr. Jerome: Q. You call hereditary Insanity a leg acy—ore you acquainted with the form of mental aberration which the laws of-this state allow aa an excuse for crime? A. I am not fully acquainted with It. . Net Allowed te Explain. for legal hav —was added to THE GEORGIAN and business reasons. Some of our friends who Save not felt kindly toward The News in the past have complained to us because of the change in name. We wish to assure you all that though The News exists as a part of The Georgian and News, there will be no change in our policies, and we hope to make the paper better even than in the past. The News, you know, had friends too, for we found about 12,000 of them taking it. None of them, however, has complained about the change. * F. L. SEELY, Publisher. foreimip OLD SUIT IS DUG UP AGAINST W. J. OLIVER; EFFORT TO QUEER HIM? Saloon Licenses Are Granted in Formida ble Number. OWNER REFUSED; BARTENDER WINS Council Grants Licence on Applications Formerly _ Turned Down. Evidence Taken in Dargan Receiver- Is the city council of 1M7 going to undo everything that was dona by the council of IMt In the way of restrict ing saloons? ”U ' From Ihe way tba new council has started. It appMfs so to quits a num ber of those who have watched the pragma of srents for the last f*w weeks. 7 It will take only a short time, at th. rale It has been going, for Atlanta to have just as many saloons .as there wars before the riot. At the first met ship Case. Alleged expense accounts for J. T. srgan’s trip to Europe were placed In evidence,Tuesday morning by tha at torneys for the petitioners seeking Mr. Dugan's removal as co-receiver of the Atlanta-Birmingham Firs Insurance Company. The second day's hearing of evidence by Special Commissioner Henderson, thiltofl EtotM hearing for’, the first time Tuesday morning. He was kbaeht Mohday bs- •sxamtnatlon Attorney rating Receiver Dargan. y. Your opinion le bssed on the hy- oth< pothetlcnl question put to you. Is It not.’ A. That Is alt a man can base an opin ion on I must explain— "You need not explain." Mid Jerome "Simply anxwer yes or no." Q. And you, an expert, a man call ing yourself an expert— "Beg pardon." aald the witness. "1 do not call myself an expert." Q. Don't you call yourself an expert? W# don't know you and you muat know whether you are one? Your opinion was based entirely upon what you. on* night, observed In a car In Pittsburg nnd upon the facta aa presented In the hypothetical question Just propounded |o you by the defendant's counsel? A. Yes. Q. Does the profession consider you an expert? A. Yes. Q. As an export, do you believe th« defendant was Ituwnt when be killed Stand ford Whlti? A. Yes. Hare tha ra-dlract examination waa taken up by Lawyer QlMSon. Q. In vour expert opinion the defend ant at the time he committed thta act knew It waa wrong? A. 1 don t think he did Didn't Knek it Was Wrono. "I object.” shouted Mr. Jerome. "An swer yes or not." "Nov” answered Ur. Wllev. Questioned by Mr. Jerome: Q. Now. I ask you. If when you said the defendant may baye not known the Act wu wrong— Objection by Mr. Oleeson on tbs ground that the witness bad not testi fied to such fact. The objection waa overruled. Q. A men may know perfectly aril Ihe nature of bis ecu yet may be sweet away by tba morbid Influence or etnar tlon—1s that your belief? A. Yes. that 1s right Jealousy Prompts Killings. •}. I want you to tell If a man pass- ng down the aisle of the roof garden r-hera he had gone with Ms wife, wheeled and Aicd three shots at a man without any words and, with the pistol above nla head, calmly submitted to ar. net end as he went down tha elevator New York in Grasp of Great Snow- Storm. New York. Feb. 5.—For more then twenty-four hours New York has been fast In the grip of a snow storm. Ton Inches of snow fell In tuenty-fuur hours. Blinding Snow Storm. f'hutham. Mass. Fob. 5.—Bllndlnx snow driven by a gale 6ft to 60 miles an hour, made this morning one of the wildest-of the winter on this roast. Terrible Snow Storm. Highland Light. Mass.. Feb. 5.—The worst snow storm "f the winter pre vailed w ith a gale of 60 miles an hour, thick snow tying up :rattle on land and sea. The waves arc running high and OOOOOOQOOOOOOOOOOOOOOOOOOO 9 „ O O GET YOUR BLANKETS! O O MIGHTY COLD TONIGHT. O O Jupc piure has sklddooAl for O O keeps, ditto prospects for the o O "w hite and fleecy." Mercury clip- O made an explanation regarding a check for SMI ptacsO In the earo of Hutadfc Lee as agent. It developed that Mr. Dargan md not ant tha use of the money at any time; lhai Ibis money wan held In readiness for securing three shares of Prudential stock In order that all of the stock might be sold If neces sary, but this necessity did not arise and Ihe money was not used. The rrosa-examlnntlon also showed that Mr. Bergen's December salary, us well as all the other employees, Includ ing the office boy, were paid In advance. The 12.000 Item was paid to Prealdent Dargan because of his construction nf the provisions of hla contract with the company that he would hare six I months' notlre of termination and that ' the <2,000 and the two expense ac counts came within «5 of hla six months advance salary'. This waa post ed under the head of "advance agency contract.” Mr. Lee testified that It was Cuato- one license waa granted, and the hall having been set a-rolllng. at the next ^Hlon. that of Monday, three naw li cense* were granted, one transftired and one changed from whit* .to col ored. Bom* of thta* llctntM were among thoM revoked by the council of. 100*. When the application for renewal was made they wen turned down by the special police committee, which thor oughly Investigated tha matter, and later by council also. > .. Earn Kline’s Saloon? The first, that or Sam Kilns, at the comer of Central avenue and Oveatur tbs com- & A. &'Pitts, lit tor white i razol A tor oolorod . W. >(. Mitchell, It WILLIAM J. OLIVER. , V. * Filed Lowest Bid to Dig th* Panama Canal far Ih* Oovsrnmtnt—Old s v Suit Is Dug Up Agairtkt Him. O ped down as low aa 1< Tuesday O O morning early, and the outlook O 0 seems promising for It to go as O O low ns 26 Tuesday night O Weather man say.: "Fair Tuesday night and Wed- O 0 nesdny. Folder Tuesday night." I'cloek a. m.. O s o’clock a. ni.. 0 k o'clock a. m.. O to o'clock a. in. i O 11 o'clock a. m.. O 12 o'clock noon.. O . 1'o'clock p. m.. 0 2 o'clock p. m If degrees, o OOOOOOOOOOOOOOOOOOOQOQQOOO .2* degress . .11. degrees. ..<4 degrees. ..« degrees. ..« degress. ..14 ' there Is considerable anxiety for ship ping. Billiard in Philadelphia. Philadelphia. Pa.. Feb. S.—The snow storm has developed Into A bliss*rd. Ihe worst since February, lilt. M <re than twelve Inches of snow has fallen and the Jilgii wind haa drift td It In placea to a depth of four leet. Was Sued by Woman Who Claimed To Be Wife. mary for President Dargan'a expenses I AW VERS SEARCH to bo paid by the company while he)"* 1 ” 1 COURT RECORDS was away on trips In the Interest t.t\ the company. The defense showed that Mr. Darfan'n trip to Europe wm to confer with the prealdent of a Phils- ■■ ■■ ■ ■ delphta company concerning the re-1 ; ‘ Insurance or the Atlanta-Birmingham! Bidder for Canal Contract (Company's business. Other trips were taken to different placee on business, Including Memphis and (California. President Dargan want to San Fran cisco after the earthquake to ascertain the true condition of affairs. FIVE PERSONS KILLED BY A BAD EXPLOSION DURING BOAT RACE 1 Chattanooga. Tann., Fob. B.—Bulletin.—In a rae* with th# steamer Rat tan on th* Tennessee river, th* steamer Parker exploded and burned to tho water's edge at 11:20 o'clock this morning. Fiv* porson* worn killod. Northern Pacific ! Marlborough to May Lose Charter Get $100,000 Continued on Page Seven* Washington. Feb 5.—M**. Heyhurn offered a resolution Ih the senate t«Hla> calling for the appointment of a com mittee of member* to Investigat - the reorgHtilr-rttlon of the NorthemPa- clfl ( railroad with u view to having congress rv|**«I its chartoi. it want b th^ cvuindft** on Pa^lft* railroads laondon. Feb. 5.—The ducheaa • of Marlborough, formerly Miss Consueln Vanderbilt* ’and * her two children, left with W. K. Vanderbilt. Jr., today for lieaulleu. It Is said tha children will spend six months yearly with each pa rent. Under the naw arrangement the duchess' father will allow her and the duke each fiot.too a year. NCREASE GRANTED TO MEN IN SHOPS BY GEORGIA ROAD Striki*™’ Claim Was Given to Prevent Sympathetic Walk-Out. Figured in Suit for Heavy Damages. Special to Tbs Georgian- Augusta. Oa.. Feb. 6.—Thera are prospects In sight for the settlement of the car workers' strike. Notices were posted In the Georgia railroad machine, blacksmith and boil ermakers' shops today announcing that the pay of all the man In these depart, menta have been Increased. Eight |»rr cent Is the amount of the Increase, utul It will muse the salary of most every man to be Increased 38 cents per dny. The Increase In pay will affect about eighty men and was granted without any demands being made by the unions of which the men are members A prominent machinist in the Geor gia railroad shops says that the In crease was very much of a surprise, as only a few machinists askad for It. The striking car workers allege that tha railroad raised the wages of the Iron workers In order to prevent a sympa thetic strike. An old suit In which \V. J Oliver, the lowest bidder for the Pane inn ca nal contract, figured several years ago In Atlanta Is now being dragged from the dusty flies of the FGlton county court house. Admissions made by Oliver In answer to u sensational suit by h woman al- leglng to be his wife have been careful ly noted by Atlanta lawyers and copies of this suit and Oliver's answer to it have be«n prepared to send. It is said, to other lawyers In Washington. D. f And further. It Is declared by those In a position to know, that nil this re viving of an old scandal which, like the ghost of !)an<tuo, will not down. Is solely for ths^m^ose of preventing id- Iver from oocT^; the contract with the government to build the canal. This suit was filed In Atlanta on May It. If05. by Konnle Oliver, who alleged that she was Oliver's wife, claiming de sertion and asking for $161,000. It was first tiled In Knox county, Tennessee, hut was thrown out of court there for the reason that the plaintiff was said to be a resident of Oeorgla. Was Net Wife. It dragged along In the Fulton county court nnd Anally Oliver won. It was decided the woman was rot his wife and had no claim upon him. In her petition the woman alleged she was married to Oliver on March 25. 1903, and suld that before that time her name was Nonnle Cross. Her esse was handled by Westmoreland llros. and the defendant** Inters sis were looked after by Jack J. Bpatdtng. It Is known that the original suit nnd the answer thereto have been secured from ths office of the Fulton county clerk and that copies of these two pa- pars were mods. It Is known, too, that particular Interest wu n»»«ched by Um __ r UtOJ. before he married ihe* second time. Who Wants Information? Just who the lawyers In Washington are who desire this Information.' the Atlanta lawyer* engaged In securing It declined to state. Cut It waa filmed Hint these lawyers were acting for In- teir*t* which desired to prevent Oliver from bossing the digging of ths ditch. There was an Intimation. %too. t int |M»sslbly Ihe government wanted to turn down the contract with Oliver In order to do Its cwn bossing und canal dig ging. The plaintiff In the suit Is said to be now living In Atlanta with her mother, and to have been employed some time ago In an Atluniu restaurant as a wait. riennle -Minor* 224 allowed to rtiangf from- whits to. ool fflM v ...1: W. W. McXInch * Co~ 171 Marietta street, allowed to tranafar license to W. L*. Brldwell. toms Put Mistsry. ’• L To glvo an Idea of how council l**ok« upon the work of 1908 In restricting amf regulating saloon*, tha following facts about on* of these licenses may be of Intarent: In tha city directory of IMt, opposite ths name of W. J. Brown, appears the Information that it# operates a saloon at II North 8road street. Mr. Brown's application for the ranswo! of *-•-♦** lowing the riot, was turned down by special police committee and by coun cil. In the same directory, oppoalta ths [name of W. H. Mitchell, appears this Information: "Bar tendei 18 North [Broad arreat." ■ Council has adopted an ordinance, saving that the person who obtains m license must own or hav* a lease on t;»r property. The application of the rest. Ho far us bring the husband of the plaintiff was concerned. Oliver was ful ly vindicated by the termination of the litigation In his favor. But It Is sold that the admissions he made In Ills answer nre what the Washington at* torneys are seeking. SUBPENAS ISSUED • UY FEDERAL COURT IN TURPENTINE CASE tli. bar tender to that th* Herns. In hla nam* In HO? kn>1 at ■hr rants pise, that th* owner had for merly applied for. 1m CouMil's Hurried Astlsn. — ■Whether Mitchell realty awns th. idorw. ur-ti the medium through which Brown gets a renewal of IteonM, Is Im material. but tho very fact that coun- Icll would not pnotpono action until ihi. could be Investigated, but granted th. license on the spot, la stxnlflctnt Alderman Key. who was a member of the special police commutes of ltos. stated on the floor that ht thought tha: Mitchell bar. beet a bar tinder for llrowt- whOM application had been re fused. He. therefore, wanted octlou I could he mad*. Council grant 'lernse without ihe Investigation. ' - T'ic members of th# police commute- iiave no other course open to them but to report favorably on alt application, against which no objection! can be rais ed. ps lh-re la no law under which they can operate differently, and the com mittee. as far as can b* learned, did not know It'S drcumstancM tbout thl. S|h*. hi to The flforgtna. Havantmh. (Ja.. Feb. 5.—In the (‘lilted Htatr* court tnlflhy war* Is surd fur inuny J naval store* <i|K*rator* nnd fat lories Ip connection with tho In vesllgutton of the nlloged turpontlno trust. Among those summoned was Pra*l dent Nash, or the American Naval Stores Company. The grand Jury will be sumtitoned this week by Judge Emnr> Hpeer. Briggs to Get Dry dens Toga Trenton. N. J., Fell. 6.—Frank o. lingo- haa been nominated to succeed Hcoatnr Drydcu as senator from Now Jersey. Council did hava the statement of a member that bis recollection wu that Mitchell had been a bar tender for a saloon proprietor whose application had been turned down, but took favorable and Immediate action without further Investigation. Incidentally, MMchtlL after Brown had been turned down, applied for a which, upon recoaal derail es me meeting, was taken away. Japs Consider U. S. Telegram Tafcio, Fob.; 5—Prlncs Ito, who ax. summoned from Seoul, presided today at the meetingpf the council Consider ing a lengthy telegram from tbs United fttutrs government. It Is reporte^-^hc message concern* it 7 v .