Atlanta Georgian. (Atlanta, Ga.) 1912-1939, May 01, 1913, Image 18

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1 I < PHE SUPREMACY OF THE LAW! It should not be necessary to say that THE LAW of the sovereign State of Geor gia IS SUPREME, that all branches of the judiciary have their proper func tions, and that those presiding over various branches of our courts are hon est and capable and will cheerfully safeguard all public interests, and at the srnne time perform their duties in a legal, time honored way. These trite remarks are published that the public may understand that trials by newspapers, by experts, so called, and by other persons who have no judicial functions are valueless and no cognizance should be taken of them by anybody anywhere. ¥ No Trials by Newspapers--The Courts Will Attend to All Judicial Matters in an Orderly and Legal Way, as Usual. In its slow way, perhaps, the law may seem tedious to those who are unduly hurried by what may or may not be regarded as of importance, but in the end we all have FAITH IN OUR COURTS, IN OUR JUDGES, IN THE LAW AND THE SANITY OF OUR PEOPLE. Therefore, let everybody, rich and poor, high and low, of whatever race or creed, look to THE LAW for judgment in a dignified way, and not to news papers or sensation mongers for legal advice that has no basis whatever in any law book. It is time to recall Browning’s beautiful words: “God’s in His heaven, all’s well with the world.” FRANK 10 TESTIFY TO-DAY AT PHAGAN CASE Continued From Page One. I fid to an extensive Investigation that has never been made. "People have been let go and come at will In various places who should have been locked tp and guarded until the Investigation was completed. "The matter must be sifted to the bottom, nnd If it Isn’t not done soon the State will assume charge and he Grand Jury will be put to work on It." Features of Testimony. The principal features of the testi mony that have been brought out so far are as follows: J. G. SPIER, of Cartersville. Ga., testified— That he saw a girl and a man standing In front of the pencil -^‘Stactory at 4:10 Saturday after- n on; the girl was the one hose body he had viewed Mon- ay morning at Bloomfield’s un- .ortiiking establishment, p. m, BERRY, assistant cashier of ihe Fourth National Bank, testified— That the handwriting of the notes found by Mary Pbagan's body and that of test written by Bee indicated that they were written by the same person. M. GANTT, in the factory about minutes on Suturday night, testified--- j c That Frank appeared nervous and apprehensive when he saw him at the factor) at about 6 o’clock. NEWT LEE, the night watchman, testified— That Frank showed signs of nervousness by rubbing Ills hands, something he had never seen him do before. That Frank called him on the 'phone about 7 o’clock in the evening to see If everything was "all right,” something he never had done before. HARRY DENHAM, one of the two men In the office Saturday afternoon, testified— That Frank did NOT seem ner vous when he saw him at S o'clock; that Frank had a habit of rubbing his hands . GEORGE W. EPPS, JR„ 2tfi Fox Street, boy friend of Mary Phagan, tee tl fled— That Mari’ Phagan had told him once that Leo M. Trank had stood at the factory door w hen she left and had winked at her and tried to flirt. That he rode uptown with Mary last Saturday; that she left him to get her money at tb , f^tory, with an engagement I m. 4 2 o’clock in the moon, but never appeared. / fe. SKIPPER, 224 1-2 Peters ’ jkji t, testified— J s j^rhat Frank was NOT one of Irno three men he saw with a gin resembling Mary Phagan about midnight Saturday; that the girl he saw Saturday night he was* al most certain was the mine one whose dead body he saw in the m morgue Monday morning. T EDGAR L». SENTELL, an employee of Hamper s grocery' firm, testified— That, he saw, without a possi bility of a mistake, none other than Mary Phagan walking on Forsyth Street, near Hunter, be tween 11:30 and 12:30 Saturday night, with a man. The man was Mullinax. he was almost positive. That he said. “Hello, Mary.” and that she responded. “Hello, Ed.“ R M. LASSITER, policeman, testi fied— That he had inspected the base ment and had fodnd plain signs of body being dragged from the levator to the place where the - v ly of Mary was found. That a rasol was at the bottom of the ■ ovator shaft. SERGEANT R .1 BROWN, of th. police department, testified— That it would have been almost impossible to see the body from the point the negro told him he first 93w it. SERGEANT L. S. DOBBS, of the police department, testified — That Lee, without anyone else making any comment, saio that the words “night witch” meant right watchman,” in the notes that war found by the side of ihe dead »iri. LL OY TCER ANDERSON tes titled— That he attempted to get Frank at his residence by phone right s-fter the b y found, but was urioble to g~t him. Gantt Says Frank Was Nervous. roboration of what he told The m when he was arrested. His taking testimony came when Frank was nervous 1 na the factory for his when shoes. He said when <'oron*r Done hoo asked him to tell of his move ments Saturday night: “1 went to the factory to get my shoes and met Mr. Frank at the door and got permission to come In. When he saw me he appeared very nervous and started back into hls office; then he came out again. He told the night watchman to go with me to get the shoes and to stay with me.” Gantt testified that while In the factory he telepnoned hls sister, Mrs. F. C. Terrell, of 284 East Linden Street, that he would be home about 9 o’clock, and then he left the factory, the negro accompanying him to the door. lie said he, together with Ar thur White and C. G. Bagley, w< nt to the Globe pool room, where they re mained until 10:30 o’clock. Then, he said, he went home and stayed there till 2 o’clock Sunday afternoon, when he left arid came downtown. He called on a girl friend Sunday night, he testified, end stayed at her home till 11 o’clock. He said he didn’t know the officers came to his home Sunday night; that he war not told of iheir visit by his sister lie said he left hls slater's home at 8 o’clock Monday morning nnd started to Marietta to visit hls mother, who lives on a farm six miles east of the town. Wat Disoharged by Frank. Gantt testified that he had known Mary Phagan since she was 3 years old, and that he knew her when he wag timekeeper at the pencil factory. He said Frank discharged him from the factory because of a personal dif ference. Asked as to the nature of this difference, he said that there was a shortage of $2 In his payroll and that Frank told him he mint either make the amount good or be din charged. Gantt testified that he had never heard Mary Phagan complain of her treatment at the factory and that he had never heard her say she could not trust Frank. While he was on the stand Gantt also threw new light on the wages paid the girls who work at the pencil factory. He said he paid off the girls, and had paid Mary Phagan every Sat urday w'hile he hundled the payroll. He said her weekly salary was $4.05. Asked how this was computed, he declared she received 7 1-11 cents an hour for 55 hours' work. Coroner Don- ehoo called attention to the fact that this did not figure up $4.05. but noth ing more was said about the matter by eiihtr the witness or the jurymen. E. 6. Skipper 224 1-2 Peters Street, declared positively that Leo Frank was not one of the men he had seen on Trinity Avenue, near Forsyth Street, pushing a reeling girl along Saturday night about 11 o’clock. Skipper described the dress worn by the girl he had seen and declared it looked very much like the one that Mary Phagan wore when she was murdered. He was then asked to give a description of the three men who were with the girl. Frank was then brought In and Skipper was asked if Frank was one of the men. He said that Frank did not resemble any of them. Tells of Mother’s Worry. Skipper testified that he had se^n tho body of Mary Pl.r.gan at Bloom field’s morgue, end said she looktd like the girl he had seen on Trinity Avenue. He said he recognized her by her dress, parasol and the hair hanging down her back. He said he didn’t follow the girl and the three men Saturday night because It is a common occurrence to see things like that in Atlanta on Saturday night. J W. Coleman, the stepfather of the dead child, told a pathetic story of her mother’s worry over her con tinued absence from home Saturday nig'it. He said he left home Satur day morning before Mary awoke, and that he had not seen her alive sin. e last Friday night. I got home Saturday afternoon at 4 o’clock,” testified Mr. Coleman, “and Mary had not come home; but we paid little attention to her absence then, as she often went to a moving picture show after work. I went downtown and came back about 7:20 o’clock, and Mrs. Coleman met me at the door. She said Mary had not come home yet. and we were shocked and began to worry. My wife said for me to eat supper and then we’d see if we coulci not find her. I went down town and tried to find Man,'. I went to all the picture shows, and every where I could think of, but could not find her. « “1 went back home about 10 o’clock, and Mrs. Coleman was nearly crazy with worn* and anxiety. 1 thought maybe Mary had gone to Marietta with her aunt. Mattie Phagan, and that she had telephoned to a neighbor that she would not be home. I went to all th£ neighbor^ who had tele- Miss Prances I lightower The announcement of the approach ing marriage of Miss Hightower and Mr. Gustave Beauregard Sisson, to take place Saturday afternoon, May 3, at 3 o’clock, at the Druid Hills home of the bride’s parents, Mr. and Mrs. Bedney Hightower, is of great inter est to Atlanta society. Only the immediate relatives of both families will witness the ceremony. phones, but none of them had heard fr un her. We sal up nearly all night trying to figure out what had become of the girl, and decided to get up early and try to find her. Child Brings News ot Crime. “As we were getting up the next morning little Ellen Ferguson came running up the steps. My wife \v;»» excited and exclaimed that something had happened to Mary The Ferguson girl ran into the hou*** and cried that Mary had been murdered. Then slu- began screaming and my wife fainted. I caught a car and went downtown. I was with a friend. We passed de tectives leading a handcuffed negro, and we followed them to the pencil factory. The man there was not go ing to let me in until I told him who I was. Then 1 went in and did all l could to help in the investigation which the detectives had started.” Mr. Coleman testified that !a had several times heard Mary speak of her employers, but had paid little a; tention to her statements. He didn’t remember whether she had wr said anything about Frank. He said she had often said that things went on at the factory that were not nice, and that some of the people there tried to get fresh. “.She told most of tho.*- stories to her mother,” said Mr. Cole man. The examination of J. A. White, 5S Bonnie Brae Avenue, one of the two men who worked at the pencil factory Saturday afternoon, brought out for the first time the fact that in Frank’s private office there is a wardrobe or clo^t large enough for a person to hide in. He testified that the closet was about 9 feet high and 4 feet wide, and was directly behind the door in Frank’s office. He said he went into Frank’s office when he left the factor; Saturday to borrow $2, but didn't no tice the closet The office door, h testified, was opened and resting against it. He said he didn’t notice whether Mr. Frank was excited. Dii Vt Know of Basement Room. White testified that he had no knowledge of the small room which was found in tfm basement. He said the employees of the plant sometimes drank cans of beer in the basement, but said he had never heard of any women being brought in there Other witnesses called during tho afternoon session of the jury included Detective J. R. Black, who is in charge of the police who are working on the case, and Guy Kennedy, 203 Bellwood Avenue. Black tesufietl that Skipper had made a statement to him about s«” ing three men and a girl on Trinity Avenue late Saturday night. He said Skipper told him the girl he saw wore white shoes and stockings. Kennedy, who is a street car con ductor on the English Avenue line, had previously told detectives and re porters that he had s. m Mary Pha gan Saturday afternoon, lie told the Uoroner’s jury that he was mistaken; that the girl he saw was not Mary Phagan Ho said he thought she was until he hail seen the bqdy of the murdered girl at the morgue. Terminal Official Certain He Saw Girl. O. IT. Clark, in charge of the check room atsthe Terminal Station: is con vinced that the girl who created, a scene there last week, when the man she was with attempted to board a train, was Mary Phagan. Clark came out to-day with a story that substantiates, in part at least, the story told by the two station guards who watched the couple’s pe culiar actiens. Clark asserts that the incident oc curred on Saturday rather than Fri day, and the man, when he finally abandoned his trip at the girl’s ex postulations, went to the check roon and put in his traveling bag. Clark says he remembers distinctly that tlie identification tag on the bag bo o the mark of the “National Pe l- Carrollton, Colquitt, Fayetteville, Louisville, Sandersville, Social Circle, Woodbury in List. oil Company.” New Evidence Is Favorable to Mullinax. Further evidence favorable to Ar thur Mullinax. one of the suspects held In connection with the Phagan mystery, developed to-day when D \\\ Adams, a street car conductor, as serted that E. L. Sentell. on whose identifieatibn Mullinax has been held, admitted immediately after the In quest that he was not sure that he saw Mullinax with Mary Phagan on Saturday night. Adams said that Sentell seemed in doubt as to whether the girl with Mullinax was Mary Phagan or Pearl Robinson. Mullinax’s sweetheart. It has been shown that Pearl Rob inson. on Saturday night when she accompanied Mullinax^ to the theater, was dressed much likd Mary Phagan. WASHINGTON, May 1. —President Wilson to-day sent the following nomination.-' to the Senate: To be Surveyor of Customs, port of Louisville, Ky.—Warner S. Kinkead, Kentucky. Collector of Customs. Jacksonville, Fla.—John W. Martin, of Florida. Assistant Comptroller of the Treas ury—Walter W. Warwick, of Ohio. Commissioner of Corporations—Jo- seph E. Davies*, of Wisconsin. * Postmasters: Georgia—Carrollton, W. F. Brown: Colquitt, Henry M. Miller; Louisville Charles V. Clark; Sandersville, An drew J. Irwin; Social Circle, Mattie E. Gunttr; vC*oodbury, B. F. Baker; Fayetteville. Samuel B. Lewis. Alabama—Dothan. Robert Boyd; Goodwater; W. T. Crew; Alexander City, J. L. Thornton; Jacksonville, E. G. Caldwell; Selma. David M. Scott. Florida—Alchua, J. A. Williams; Apalachicola, Crawford I. Henry; Daytona, William Jackson. Defunlak Springs. B. I*. Morris; Kissimmee, B B. Simpson. Kentucky—Ru&s&lville, Charles N. Griffith: Shelbyville, Ervin Derby Todd: Mount Vernon, Cleo W. Brown. Louisiana—Eunice, Theodore Tatte; Lake Providence, Adah Rous; Kinker, \V. A. Stedley; Pineville. Mary Hun ter; Boyce, Carey E. Blanchard. Mississippi—Oakland. R. P. Tay lor; Picayune. Dora E. Tate; Gioster. O. O. Conncrly; Utica, E. S. Chap man; Charleston. C. S. Summers. Tennessee—Manchester, Charles E Rodes; Smith ville. .Clarence W. Moore; Woodbury, William Brewer. Thoroughly trained, gentle, healthy and young— That Is the guarantee that goes with every one of the twelve Shet land ponies The Georgian and Sun day American will award as prizes to boys and girls successful in the con test just now opening. In other words, these ponies are the best to be had. and the harness and cart that go with each pony are in keeping with the splendid little animals. There is no use in doing things by halves, The Georgian and American believe, and when the de cision was reached to give prizes to the boys and girls it was determined that the prizes should be of a charac ter Vo make the winners happy for years to come. But the ponies are on their way, and soon may be seen by the children of A Manta. They are such fine little fellows that one might almost say they can “speak for themselves.” Everyone in Atlanta and the State of Georgia now seems to he Interest ed in the pony contest, if the inquiries by letter and by callers are an indica tion. Those in charge of the contest are kept busy answering questions and seeing that contestants get start ed right. Rules Are Simple. This is an easy matter, for the rules are very simple. The prizes go to boys and girls who get the most votes, and the votes are awarded according to the number of subscriptions procured for The Georgian and Sunday American, to gether or separately. Coupons clipped from each issue of The Geor gian and American also count. So do payments in advance by present sub scribers, and even payment of ar rearages by such subscribers. There is only one restriction—no subscrip tion will be received for more than two years. Already the entrant* are sufficient ly numerous to Insure the success of the contest. There Is room for more, though, and it is not too late for live contenders to enter. In fact, the real campaign has not begun in earnest. Nominations count 1,000 votes. Sen! yours along. Pleasant work, the most attractive of prizes and simple rules—don’t you thtnk you could win a pony outfit? See Billy Long Free. “The Girl From Out Yonder” is the attraction at the Atlanta Theater next week. The Georgian and Sunday American offer to present you w r lth a seat for a performance at the Atlanta Theater, without cost to you, but witn our com piimens. The Atlanta‘Theater believes it has a stock company superior to any seen in the city in recent years. Every effort is being made to acquaint At lantans with that fact. We suggestsi that the readers of The Georgian and Sunday American are among the city’s best playgoers, and that when our readers had passed favorable ver dict on the stock company headed by Miss Billy Long their good word would insure the success of the com pany. “Good idea,” said Homer George, manager of the Atlanta Theater. Then and there it was arranged that The Georgian and American shorn j present readers with reserved sear*, by way of introducing Miss Long and her competent players to a discrimi nating public. There is no contest, no guessing game, no lottery. Simply save four coupons—Thursday, Friday, Saturday and Sunday—mail them In and get your seat. Or send in more than one complete set and *ret more seats. The Georgian and American have nothing to gain except the pleasure of adding to your enjoyment. We hope you will avail yourself of the offer. ' FLOWERS and FLORAL DESIGNS ATLANTA FLORAL CO. Both Phones Number 4. 41 Peachtree^ ATLANTA T HEATER Mallnoes Wed ?r.d Sit. Nights 15c to 50r ALL THIS WEEK Except Wed A Thurs. Nights Miss BILLY LONG And Company In ’ A Butterfly on the Wheel First Tima In Atlanta LYRIC This Week Mats. Tubs., Thurs., Sat. BILLY THE KID A DRAMA OF THE WEST. With the Young American Star, BERKELY HASWELL. Home Again With Vaudeville FORSYTH T. , -n^ d :L^ 3 o° Sophye Barnard--Lou Angler <t Co.—Chris Richard* — Gaby NEXT WEEK Helm Children—Barr & Hope—Muriel A. Francis and Others.... Gus Edwards Kid Kaharet CANDLER SILL GRAFT EVIDENCE Continued From Page 1. Fourth National Bank; J. K. Ottley, vice president: Charles Ryan, cashier, and W. T. Perkerson, assistant cash ier, denied the statement of Alderman McClelland that they had information regarding these beer loan transac tions. Councilman W. G. Humphrey ex plained how, just before Mayor Winn took his oath of office in January, 1911, the Mayor called him to hls of fice and told him he would be madd « chairman of the police committed. Mayor Winn, he said, informed hl^h ' he had changed his decision to ap point Alderman Spratling because of rumors that had reached him. Neighbor Ruled Out. J. R. Wesley, a next-door neighbor of Alderman Spratling, wanted to testify. He admitted, however, that he was personally unfriendly tc* the Alderman and that his evidence was based on hearsay. His testimony was ruled out. Many witnesses were called in the investigation of the case of Alderman I. N, Ragsdale, most of them being competitors in the stock business with the Alderman. The most impor tant points developed were the state*- » ment of J. R. Lawhon that he sol i stock to the city despite the objec tions of Alderman Ragsdale and the statements of several of the stock- men that Alderman Ragsdale got ex ceptionally good prices for the old mules and horses he sold for the city. Mayor Blocks Move To Limit Beer Zone $35,000,000 IMPROVEMENTS PLANNED BY GRAND TRUNK Vetoes Resolution Making Block Near Terminal Station ‘Dry’ as ‘Foolish.’ Captain John D. Patterson, of Georgia Joint Terminals, Given Important Canal Appointment. Captain John D. Patterson, super intendent of the Georgia Joint Termi nals, to-day received his appointment to the important position of general .‘•uperintendent of the Panama Rail road Company. The new berth will pay Captain Patterson $7,500 a year. Captain Patterson will leave for Panama within a few days te succeed B. M. Smith, of New York, resigned. The road is operated under the direc tion of the Isthmian Canal Commis sion and connects the seaports of Christobal and Colon on the Atlantic side with the cities* of Ankon and Panama on the Pacific. The company also owns and operates a line of steamships between New York and Colon. Captain Patterson long has been connected with railroads, starting as a conductor on the Atlanta-Birming- ham division of the Southern Railway, many years ago. He was appointed superintendent of the Atlanta Terminals Company roon after the opening of the Atlanta sta tion and had charge of the reorgani zation of the operation of the Atlanta Terminal Station and the Atlanta Terminals. He resigned that position to become superintendent of the M. J. & K. C. Railroad. Mayor Woodward to-day vetoed the resolution of Council cutting out of the beer zone the block on Madison Avenue between Hunter and Mitchell Streets. The fight is over a single saloon and Council has reversed itself several time* on the proposition since it came up several weeks ago. Mayor Woodward stated that on ac count of the proximity to the Termi nal station, it is a good location for beer saloons. He added that Council has the right to reject any and all beer saloon permits, and “that it is foolish for Council to pass a law to prevent Itself from doing a thing.’’ CHICAGO, May 1.—Plans for the expenditure of $35,000,000 for im provement of its lines and additional equipment in time to fnove next fall’s crops in the Northwest were an nounced to-day by officials of the Grand Trunk Railroad. The company intends to build 30,000 new freight cars, 350 freight locomo tives and 40 passenger locomotive* this summer. RIVER STEAMER SINKS. LOUISVILLE, KY., May 1.—The f passengers and crew of the steamer Fountain City were saved when the ship sank in the Cumberland River at Robertsport, Ky. The loss to the steamer’s owners was $20,000. SEVERAL STUDENTS OF THE SOUTHERN BUSINESS COLLEGE WALK INTO GOOD POSITIONS New Pupils Arriving, While Others Who Are Finishing Their Courses Are Daily Going Out Into Good Positions. Several new arrivals to-day at the Southern Shorthand and Business University, 10 West Mitchell Street. This busy school gets busier every day. If you want a good position, the quickest way to secure It is to take a course In shorthand or bookkeeping at this well-known institution. The public is rapidly becoming aware of this fact, and that Is the reason why the Southern's patronage Is larger than the combined patronage of any other two business colleges of this section. Call upon Atlanta’s prominent busi ness men and ask their advice Then caft at the Southern, 10 West Mitchell Street, and see Its facilities. It looks businesslike! Plenty of teachers and thorough training have made the business men its friends. They want and prefer the South ern's students, and this fact accounts for its great popularity. Of the several who have just,ac cepted positions secured for them by the managers of the Southern. Mr. W. H. Jenkins, placed with the Important firm of "The Knight Tire and Rubber Company, of Atlanta." writes under date of April 2Sth, as follows: -I recently attended, the Southern Shorthand and Business University, and do not regret the time I spent there, for it has been worth more to me tiian any other one thing. It Is worth one’s while to get in touch with the Southern's excellent teachers, who are considered the best In the State. “In fact, the Southern is tho best Business College in this State, and I would advise those desiring a Busl- lill 'Jte \ vow- • jij Ml W. H. JENKINS, Who Goes With That Prominent Firm, The Knight Tire and Rubber Com pany, After Taking a Course in the Southern Shorthand and Business» University. ness Education to attend this reputa ble institution.” The beautiful college pennants, in gold and purple, have just arrived and may be obtained at 50 cents each. Enter now. Send for catalogue Address A. C. Briscoe, Pres., or L. W.« Arnold, Vice Pres., Atlanta, Ga. Prof. Thos. L. Bryan, lecturer ani representative. L5 S’ dree the Aim day In* * pea,- whe Th of a man thirl afrai jutt bad ex.g« tlene Afl tho** r«QU€ pise raisei Wh defla with Kffflin “mert excep as he Mr. 7 “Li cost fense niilita bined about a ruii suppo from yea rs. “W< men t autho: rnem\ island “We this n’ to mai take o: rested ready • might they c turn ii “I si to the blessin “Sim gather ♦elegia yearly 000, it nation the ger “Let lrng as profess Wei l 8 Andr flrat im lowing James eoutive duced 1 preside: ‘Jove: address State. Presii commei gress w war, an looks t f rcatesi ment ai Seve Doc Arrest < cuse wer< of si ager post the a rre delp ever . cag< the to cure ailm I ment. Roost Mis Friends c Schei new Martin. J Vapderbil of iris wil Johr Root in A Aseiti his list Mel such W. C. T. F0 Ogden. members . Teinperanc • hanks to who refuse atjhe rece