Atlanta Georgian. (Atlanta, Ga.) 1912-1939, July 19, 1912, HOME, Page 5, Image 5

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GRACE CASE GOES IO TRIAL JULY 23 Famous Case Given Preced ence Over All Others at Next Term of Court. M’s. Daisy Opie Grace, charged with assault, with intent to murder her hus band. E. H. Grace, on March 5, will be' the first person under indictment to fa Judge L. S. Roan in the criminal division of superior court on July 29. Her ase was given precedence over all others by Solicitor General Hugh M. Dorsey in making up the calendar to day for the next term of court. Practically 100 cases are set for hear ing at this session, and among them are several older ones than the Grace case, but its prominence led the officials to place it first on the list. On account o f the usual long time of organizing the court the hearing will hardly be more than begun on the first day. The witnesses will be summoned early next week. HOLLIS IS AGITATED BY COMPTROLLER'S SALARY QUIZ REPLY Because Mr. Halils, of Taylor, object ed to the form of the reply sent to she house today from the office of the comptroller general, in response to an inquiry directed from the house, with respect to the fees and compensation of that office, the comptroller’s report was not “received” by the house, but stands merely as having been read. Mr. Hollis was agitated visibly when the report was read, and immediately rn? c to a question of personal privi lege, attacking the form of the comp troller’s reply, and asking the house not to receive it. The motion not to receive never was acted upon. The gentleman from Tay lor got tangled up so hopelessly as to his parliamentary status that he yield ed the floor to Mr, Alexander, of De- Kalb. from whom he had obtained it, and the report was not mentioned again in the day’s proceedings. The comptroller’s report was in the shape more of a personal communica tion to Mr. Hollis than a reply to the house, and for this reason Mr. Hollis objected to its reception. He took the position that the house and not Mr. Hollis had asked the comptroller for information concerning his compensa tion. Under the report, it wag shown that the comptroller receives a salary of Sf.unn per annum and approximately $7,646.41 in fees, making a .total of s9.fits.4l, based upon current receipts. This, the comptroller points out. is much less than the $30,000 per annum he has been reported, in some quar ters, to receive. LEGISLATORS FAVOR 811 L FOR PENSIONING GOVERNOR’S WIDOW The legislature pr- bably will pass the bill awarding a pt nsion of SSO per month to the widow of former Gov ernor Allen D. Candler. When this bill was up for passage a few days ago. it was opposed by Joe Hill Hall and others, on the ground that it was unconstitutional and should not be passed until put in proper 'shape. 1 r m motion, it was laid on the table. Since the hill was up the other day. Me Hill has reached the conclusion that his first impression was wrong, ar i that the bill is constitutional, after all. and it is now said he will support It. she hill provides for the payment of a pension of SSO per month to widows • governors who are possessed of pt perty in an amount less than $1,500. Ptovded such widow’s are relicts of governors who served fn the Confed erate army. The bill can apply only to Mrs. Candler. Mrs. Candler, assisted by her daugh s operating a boarding house in 1,1 nesville. and is in reduced circum sam os The proposed pension will be a great aid to her. PITTSBURG SHIPPING COAL SOUTH BY BOAT t PITTSBURG, July 19.—Elev ■en tow .■cits >n the fifth and sixth pools clear 'day with approximately 2,975,000 " h r -]s O s rr)a | f or fhp g OU ff] River ii-n are exultant over the somewhat experience of shipping coal on a pge in July. There was a stage bout nine and a half feet at the P f mt bridge today. ’' i'y rains over the water sheds of ■ eb in and Kiskiininetas rivers, over th. Monongahela give ■' -hipping stage. HUGE icebergs and FLOES DELAY LINERS I Mt lORK, July 19.—Huge icebergs an active ice field were encounter, the steamers Mauretania and ■oil-, which arrived in port today, ’ w progress of both ships was im- ’ ’ for several days while traveling ■’ extreme southern course about ’cues south of Cape Race. ■e Adriatic reports seeing an ice- Fj' ll -'’ S, 'O feet high and 1,000 feet '■\y - turning on the Mauretania were , ' , ' n -'■ Brady, Charles Frohman 'l'hard C. Kerens, American am 'Oior to Austria. monarchists give up fight IN PORTUGAL j ADajose. SPANISH FRONTIER, ’ 10 Portuguese monarchists have 1 warily abandoned their attempt to 1 >" the republican government ■ ”n. and the royalist soldiershave r r 2.. r ‘ * nto she fastnesses of the t Ef, re)la mountain range in ~. ~,r’ h awaiting another call to ac- Detective Burns Joins in the Hunt for the Slayer of Gambling King LATEST FACTS POINT TO THE GUILT OF THE POLICE “Trail Leads Where I Thought It Would,” Says New York District Attorney. NEW YORK, July 19.—Louis Lib by and William Shapiro, owners of the automobile in which the assassins of Gambler Rosenthal escaped, were taken to the district attorney’s office this afternoon. It was reported that they had made a full confession and that the arrest of a prominent police official would soon be made. A complete exposure of police graft was promised by county officials today Xt/ro Trrxjrs Soi-t.k nY 1 ■ ll rtAZ>rsoxjnvi Axr wp raffia Jb* wo is .■ JJ| cwmi/? wops sxo.pt JJmw®'■* DiSTJtxoz zp/yzt zrfrwJtvz ■ "1 * uhss cttrun qvtodi. T s/Dzxmzx M " THF.tr SFCOtST XD-t AXD ESCAPE WS -4F3 S&ST U7r~T7E OPPOSITE TXT xt/swr ‘ JUr r&TXotpoztE wxex they cposs ■’ F iy STEEP T AXD J-OZIT rZF.Ur rtrc? Minin' x r'P xotex 7 N- - ~ ' The photo-diagram shows the scene of the murder of Herman Rosenthal in New York this week. The view taken is rrom Broadway at Forty-third street, looking eastward toward Sixth avenue. as a result of the assassination of Hor man Rosenthal, the gambler who be trayed the “system” used by the police in levying tribute on gamblers. This promise was accompanied by the announcement that Detective William J. Burns who trapped the McNamara brothers, had been engaged to work with District Attorney Whitman and had already taken up the task. The district attorney, who, from the moment that Rosenthal was murdered, has asserted that the police permitted the crime, today said that the trail was leading just where he first thought it would go. In the light of new facts gained in a secret conference with a gambler at his own home, the district attorney is sure that he responsibility for killing the important witness to police graft rests with the police them selves. “Each bit of evidence,” said Mr. M hitman, “as it is joined to the others points more and more clearly In one Story of the Crime and The Events Before and After NEW YORK, July 19.—Here are the chief points of interest leading up to the murder of Rosenthal, the gambling king, and the story of the killing, told in the logical sequence: CHAPTER I. The Motive and the Men. The story was told District Attorney ■Whitman by a gambler that the mur der of Rosenthal had been planned at an outing of the Sam Hall association last Sunday. The organization went to Northport. The men were bitter at Rosenthal because of his "squeals.” "I heard one gambler say, 'lf Her man goes too far with this, we’ll have to get him,”’ said the informant of the district attorney. When Rosenthal left the district at torney after making the exposures he said he was afraid he would be killed, not by the gamblers, but by the police. He said they had got others and could get him, and for that reason he wanted to see the district attorney early the next morning at the district attorney’s home in Madison Square. It was accordingly arranged* that the gambler, accompanied by his wife, should visit Whitman at 8 o’clock at Whitman’s apartments. Furnished Whitman Six Names. "These six men will tell you how they have to give up to the police,” Rosenthal is said to have told Whit man. naming the men. "They will give you the names of the police officers who get the money, who are their collectors, and how far up in the police depart ment the graft goes.” The six names as told since by the dead gambler’s friend were as follows: (1) "Dollar John.” whose real name is Harry Langer, who Is alleged to have run a gambling house at No. 5 St. Marks place, which Lieutenant Beck er raided in spectacular fashion. At the time "Dollar John” raised the cry that Becker took $1,500 from the roll he carried in his pocket, Becker in reply stated that he found $3,561.65 in "Dollar John’s" clothes, and that the money was later returned to him in the presence of his lawyer, and a re ceipt was obtained for the amount. (2) Jack Rose, who boasts of being a close friend of Lieutenant Becker, and whose friends say was the man who loaned Rosenthal $1,500 on a chattel mortgage to open a gam- THE ATLANTA GEORGIAN AND NEWS, FRIDAY, JULY 19, 1912. Xr— —•> ’W. > j "j J \ ll™ WiKb .tuMMf « v jfJPi definite direction. The trail leads where I thought it would.” Chief among the items that confirm the county investigators in their belief that the responsibility for the Rosen thal murder rests with the police de partment are these things: "Jack" Rose, held for hiring the mur der automonile for the crime, was a close friend of Lieutenant Charles A. Becker, whom Rosenthal claimed to have been his partner. Rose was known widely as a collector of graft for policemen. Rose was active in getting evidence for Becker against Rosenthal on the night before he was murdered. The police are shown to have cleared the streets about the hotel just before the murder. The police made no successful effort to catch the murderers, although a number of policemen were in the imme. diate Vicinity. bling house at No. 104 West Forty fifth street. Rosenthal said Lieutenant Becker put up the money. (3) “Abe, the Rebbler,” who runs a case in lower Second avenue. (4) J. J. Donahue, an alleged repre sentative of Lieutenant Becker, who signed the mortgage, as the man to whom the money was paid but who had admitted that he only received $lO for his signature. (5) A gambling house employee, named Hallow, who at one time worked for “Dollar John" in the St. Marks place house. (6) Robert H. Hibbard, formerly a policeman, now a lawyer at 220 Broad way, who, Rosenthal said, was the at torney of Becker in the chattel mort gage transaction by which Becker ad vanced $1,500 for the Forty-fifth street gambling house. More Names Promised. “Then there are four more names which I will give you Monday morn ing," continued Rosenthal. “I won’t tell you who they are now, because I want to see some of them first and learn how far they will go. They know a lot about police graft and if they will come across right you can put the big gest police grafters behind the bars.” When Rosenthal left the district at torney’s office he met a number of run ners for East Side pool rooms, to which he Is said to have remarked in a some what boasting way: "I’ve got the bunch nailed no\y. Whitman is going to get hold of the right people tomorrow, and then the lid will come off.” The word went through the gambling world as quickly as the telegraph could have carried it. According to one re port, a meeting was Immediately held at a case in Second avenue, only three blocks from the Case Boulevard. Among those present was one of the gamblers whose name had been fur nished District Attorney Whitman by Rosenthal. With him was a represen tative of a prominent police official, whose name has been frequently men 'ioned since Rosenthal attacked the po ’ioe, and the leader of an East Side gang, which is closely allied with the gang headed by Montano, which per petrated the taxicab robbery in Park place. At (this meeting the details of this murder are said to have been discussed and most of the preparations made. CHAPTER 11. The Murder of Rosenthal in Front of Hotel in Glare of Lights. Herman Rosenthal walks eastward on Forty-tjiird street from Sixth ave nue until he arrives at the Hotel Met ropole. He enters the dining room. Rosenthal beckons Richard Erbe, a waiter who has served Jtim frequently, and tells him to bring him a drink —a “horse’s neck.” From time to time he glances toward the open doorway as if awaiting some one. He is nervous and apparently can not understand why his expected guests do not arrive. At half an hour after midnight, as Erbe tells it. three men join Rosenthal at the table. Police Lieutenant William File is sit ting more than halfway* down the din ing room from Rosenthal. At the po liceman’s table, which he occupies al most nightly, for File Is an ex-sparring partner of James J. Corbett and likes the glamor of New York’s night life, are Miss Artie Hall, a vaudeville sing er. and another man and woman. Their table is on the westerly side of the room, 50 feet from where Rosenthal sits. Joined By Three Men. When Rosenthal is joined by three men at 12:30 o'clock File recognizes them. Later in the morning he gives their names to Inspector Hughes as Charles O’Day, better known in the gamblers’ world as "Big Judge” Crow ley; another man known as "Sandy” Clemons, and a third as McMahon. The four men order another round of drinks. Rosenthal takes ginger ale Highballs are ordered by his guests. Anothe ■ round is soon served by Erbe. For almost an hour and a half the four men sit there, apparently talking over Rosenthal's charges that his gam bling house was financed by a police lieutenant who is always a sharer in its profits. As Rosenthal expounds to his three listeners what he proposes to tell Dis trict Attorney Whitman later the sama morning, a well dressed youth comes smilingly in the open door, walks di rectly to Rosenthal’s table, and, as File tells it to his superiors later in the day, says: “Rosenthal, there’s a friend of yours out on the sidewalk that wants to talk to you. Come out here, will you?” Rosenthal calls the waiter, receives his check for 80 cents, puts a dollar bill on the table and walks to the door, way.- The three guests disappear as if on signal into the hall. The messenger halts near the door for an instant and is joined there by Rosenthal. Then the two resume their short walk to the sidewalk. Quickly the messenger dodges to the west and fades from the view of those in the din ing room, who feel the electricity of a momentous act in the surcharged at mosphere. All eyes are on Rosenthal as he walks through the doorway. One Man Did Shooting. A light-gray clad figure steps toward the gambler, a hand that carries a deadly revolver thrust Into Rosen thal's face, there Is a savage pull of the trigger and two bullets go whistling past Rosenthal’s head. The gambler turns In dismay. Three more shots follow one another with startling rapidity, two of them taking effect in Rosenthal's head. The gambler seems to fold into him self. like an accordeon, and falls slowly to the sidewalk. Stage folk and gamblers in the din- ing room gaze, fascinated, at the spec tacle, Women scream and some faint. Police Lieutenant File has seen the whole affair from his seat down the room, on the same side of the room as the doorway where the tragedy was staged. He runs to the doorway and sees the figures of four men moving, he says, to a gray, white-striped touring car that is clearly waiting for them. He starts to cross the street to where the automobile, he declares, is moving slowly eastward, watting for the four men who are to escape in it to climb aboard. One heavy-set, darkly clad man puts his hand toward his pistol pocket, File says, if to threaten the policeman. File is within 49 feet of the motor car when, all of its occupants having climbed in, it shoots toward Sixth ave nue. "Jim” Considine, brother of the hotel proprietor, impresses into service two frightened waiters and makes them run for ice and water. Then Considine goes out to the sidewalk and tries to force some cold water down the gambler's throat and clumsily but Samaritanly sponges off the blood-streaked brow. Three policemen, In uniform —Lieu- tenant Edward Frye and Patrolmen Thomas Madigan and James Lynch— all of the West Forty-seventh pre cinct, reach the scene, but quickly de part in an impressed taxicab in chase of the mysterious gray touring car de scribed to them by Lieutenant File. At 3:05 o’clock, while the sun he was never to see again is just peeking over the rooftops to the east and giving a garish light to the scene, a police pa trol arrives, two policemen take from it a stretcher, lift what was Herman Rosenthal on it, put the stretcher back into the patrol wagon and drive swift ly, with clanging bell, to the West For ty-seventh street station, where Coro ner Feinberg has told them to take the body. CHAPTER HI. The Chase of the Automobile. When Lieutenant File returned to the Metropole after he had fruitlessly chased the slate-colored touring car which he saw in the street right after the shooting, he made the following statement: “I ran past the tables between me and the door, and when I got to the street I saw four men getting into a gray touring car, which had white lines on Its body. One man, a gray-clad, heavy-set chap, made a motion toward his hip pocket as if to frighten me away. I ran toward the automobile, which was slowly moving eastward, but which, as soon as the, last man had climbed into it, speeded up and shot toward Sixth avenue. "1 turned to where John Horan, the driver of taxicab No. 25256, had been awakened from his sleep on the chauf feur's seat by the pistol shots, anti told him to turn his machine around imme diately and we would follow the tour ing car. He did so. and I jumped into tile machine. "Just then three policemen in uni form came up and they did not know me and held me up needlessly while we lost a lot of time while [ Identified my self. Then they jumped in the ma chine, too, and we started after the gray automobile. We went to Madison avenue, then north to Fifty-eighth street, but we never saw the machine, so we came back here.” Policeman Thomas Madigan was some 69 feet from the * Forty-third street corner, and was walking to For ty-fourth street to relieve another po liceman, when he heard the first shot. "I thought it was an automobile tire," said Madigan. “Then came an- Killing of Herman Rosenthal Marked by Dramatic Fea tures in Every Phase. other shot, and then three in rapid suc cession, like this: X —x —x-x-x. I ran to the corner of Forty-third street, where I heard the second shot, and the shooting ended just as I reached the corner. I ran over to where I saw a man on the sidewalk. "File told me that four men had driven away in a big gray touring car and that he did not have its number. He said we'd have to chase It in an other machine, and that It had gone toward Sixth ivenue. But I did not see any touring car of any kind on the block, and I got to Forty-third street about as quickly as a man could. I never did see that gray automobile File told me about. "I got Horan to start his engine and turn his taxicab around and I jumped in. in back with Lieutenant Edward Frye, who had come up, and FHe jumped on the front seat with the chauffeur. "We hit ft up pretty fast eastward on Forty-third street until just opposite the Elks club. There a dark-haired who turned out later to be Coupe, ran out Into the street and yelled a number at us. He said 41313. We said ’thanks.’ and kept on going to Madison avenue. There a milkman told us a gray machine had gone very far up Madison avenue. We went up to Fifty-eighth street, but we never saw it.” CHAPTER IV. The Slate-Colored Car—lt Has an Underworld History. The physical instrument which play ed an Important part In the assassina tion Os Herman Rosenthal was a four cylinder Packard automobile, bearing the license number ”41313, N. Y.” It is a slate-colored car, capable of making about 60 miles an hour. The car was bought about one and one-half years ago by Louis Libby, an old-time member of the Hesper club, when that institution on Second avenue was at its height of notorious crimi nality and Rosenthal was its dominant factor. Libby went into the automobile busi ness when the Hesper club was broken up by the repeated attacks by the por lice, and the gambling members were scattered all over the city. Libby ran a 24-hour business, and to accomplish this, joined wjth William Shapiro, who in various circles is said to have been a partner, manager or simply a chauffeur. The car was kept in the garage at No. 73 South Washington square. It was in this same place that Montani, the chauffeur and promoter of the $25,- 000 taxicab robbery, kept the machine that was used in the commission of thia crime. Car Stand Among Criminals. Libby, with the consent of property owners, set up a permanent stand for his car on the southwest corner of Sec ond avenue and Tenth street, opposite the Case Boulevard. • In a section of Second avenue not far south of Libby’s stand are resorts fre quented in daylight and dark by all the types of men and women which make up the underworld, and it was from among this class that Libby and Sha piro obtained many of their patrons. Frequently at this season the car has been put Into commission by men who have made a winning at some gam°. pickpockets who have profited by work on street car lines, depots and crowded public places, receivers of stolen goods who have made a profitable disposition of their wares, women who have robbed some newly found friend, and those successful in other lines of criminal work. Figured in Other Escapades. It was a slate-colored car, said to have been driven by Shapiro, which carried “Big Jack” Zelig and his as sociates In the Kid Twist gang into Chinatown recently when Zelig and his followers shot up Jack Sirroco's resort on Chatham square as a preliminary suggestion of the way in which Sir roco's cohorts would be treated when they were found. It was the same car, driven either by Shapiro or Libby, which appeared at the criminal courts building on the day that Zelig appeared In court for ar raignment after recovering from a pis tol shot in the neck afflicted by Louis Torti. It was crowded with the follow ers of Zelig, who noisily declared they would see that no harm came to their leader The police stationed in the neighbor hood drove the car away, and the gang sters cursed the blue-coated men. It was known in the underworld that Libby’s car was always on the job and teady to go anywhere at any time. Sc. ft was that on the day that It had beer decreed that Rosenthal was to die the men. in seeking a safe and reliable get away, turned their eyes toward the sleek-looking car opposite the Case Boulevard. Boarded By Prosperous "Sports." Four well dressed men, who had the manner of sports with a run of luck in their favor, boarded the car. in Second avenue near Tenth street, accordin’- to the statement made by Libby to ’’fr. "Whitman, and directed that they be taken uptown to Forty-third street ano Broadway. Libby claims he never saw the men. and alleges the men were all strange.s to him. The car, according to the order of the man who acted as the spokesman for the band, proceeded uptown slowly and reached a place on Broadway, near Forty-third street, shortly before 2 o'clock, when the order was given to the chauffeur to stop. Some of the men alighted. HEARST DEFENDS CANAL POSITION Publisher Tells England That United States Will Not Yield in Controversy. Continued From Page One. . Without objectionable clauses, was substituted. “I state these facts not jn any spirit of self-aggrandizement, but simply to make clear that where the Hay-Pauncefote treaty does not contain clauses of the Clayton- Bulwer treaty, it is simply because of the definite determination of the state department and the United States senate, under pres sure of popular opinion, to exclude those clauses. Therefore, the ex clusion of those clauses absolutely positively means the rejection of the principle embodied in those clauses. "An article in The London Times says a great deal depends upon the correct interpretation of the spirit in which the Hay-Pauncefote treaty was drawn: that Is to say, as to how far it perpetuated the sense of the Clayton-Bulwer con vention. In view of the above i facts, it ought to be clear that the Hay-Pauncefote treaty only per petuates the sense of the Clayton- Bulwer convention where it re peats the words of the Clayton- Bulwer treaty. When it does not repeat the words, it is. as I have said, because of a definite determi nation to reject the principle. Moreover, since that time the United States has acquired the territory across which the canal is built, which seems to me to have considerable bearing upon the sit uation and further to strengthen the claims of the United States in regard to the canal.” The Montreal Herald says: "Nothing could be more explicit than the terms of article 8 of the Clayton-Bulwer treaty of 1850.” Possibly that Is so, but I have en deavored to make clear that we are not living under the Clayton- Bulwer treaty of 1850, but under the Hay-Pauncefote treaty, which is the treaty substituted for the Clayton-Bulwer treaty, with the object of eliminating just such clauses In the Clayton-Bulwer treaty. “U. S. Will Not Submit to Arbitration.” The backwoods press of Canada, in the absence of argument, in dulges in vituperation and accuses the United States nf bad faith, but that empty accusation will proba bly not convince the more judicious Englishman, nor will it affect the citizens of the United States nor the action of the United States government. The Montreal Herald further says: "It is sought to make the Pana ma canal a mere domestic posses sion of the United States. In view of the substitution of the Hay- Pauncefote treaty for the Clayton- Bulwer treaty, and in view of the acquisition bv the United States of the territory through which the ca nal passes, I think the canal can not better or more accurately be described than as a 'domestic pos session’ of the United States. ' "I am Inclined to think that the United States will not submit to arbitration any question affecting their domestic posse.seions.” "Mr. Hearst's views were next sought as to the result of the Saskatchewan elections a day or two ago on the fu ture of reciprocity. Mr. Hearst was the foremost and a vigorous advocate of reciprocity between "Canada and the United States last year and the elec tors of Saskatchewan have just re turned an overwhelming majority of members in favor of closer trade rela tions. "The majority of the Canadians and a considerable number of citi zens of the United States were misled into fear that reciprocity could, or might, develop some in jury to one or both countries. It is inevitable that calmer and more careful consideration of the ques tion will convince those Canadians, and those citizens of the United States, that an extension of trade relations, as proposed, can not be anything but a benefit to both countries. “In considering the matter with out prejudice a citizen of Canada or a citizen of the United States must ask: ‘What, after all, does reciprocity mean?’ and must con clude that it merely means the ex tension of markets for the products of both countries; the opening of the markets of Canada to the prod ucts of the United States, and the opening of the markets of the Unit ed States to the products of Can ada. "Surely England, which is 'con tinually striving for larger mar kets for he, products, will be the last country to deny that increased markets are a benefit. "If these increased markets are a benefit, then both Canada and the United States will be benefited, but inasmuch as the markets of the United States are about ten times as large as those of Canada, Can ada ought to be benefited many times more than the United States. This view of the mutter is sure to prevail with all inYelligent Cana dians eventually." BILL PROVIDES BONDED STOREROOMS FOR CROPS Representative Cabanlss, of Ogle thnrpe county, introduced a bill in the house todav providing for a system of bonded warehouses in Georgia for the storage of farm products. This ie a measure in which a num ber of farmers’ organizations are deep ly interested, and it is sure to receive much strong support. 5