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GOV. BROWN ON THE LAW AND THE PHAGAN CASE
T DESIRE to commend, with all 1 he emphasis at my
A command, the liearst newspapers’ timely sugges
tion to tile people of Atlanta and Georgia that they re
member the sanctity and majesty of t he law of t lie land,
and the sure operation of justiee through the courts, in
contemplating a recent iiorrihle and unspeakable mur
der in our midst. ! desire to offer the liearst newspa
pers a word of praise in that they—leading newspapers
of the South—while being brave enough to print the
news as it developed from day to day, still were brave
enough to caution their constituency that it was, after-
all, merely the news of the day, and not evidence that
might be considered competent in a court of law.
-GOVERNOR JOSEPH M. BROWN
The Atlanta Georgian
Read for Profit-GEORGIAN WANT ADS-Usefor Results
VOL. XL NO. 234.
WEATHER: FAIR.
ATLANTA, GA., MONDAY, MAY 5, 1913.
2 CENTS EVERY WHERE P ^ R £°
E
Millions Will Seek
This Girl's Picture
at SEN. ns
“Any Self-Respecting People
Should Be Ashamed to Accept
Charity From Them.”
ATTACKS ANTI-TRUST LAW
Californian Declares “Rich Crim
inals” Are Dealt With Too
Leniently by Government.
WASHINGTON, May 5.—In a
speech before the Senate, in which he
Harked the Sherman anti-trust law
as a failure, Senator Works, of Cali
fornia, bitterly criticised the methods
of Andrew Carnegie fend John D.
Rockefeller in acquiring great for
tunes.
Senator Works advocated the pass
age of measures providing for the
criminal punishment of specific acts in
restraint of trade, and clothing the In
terstate Commerce Commission with
power to supervise? tfifc TMMkhSka.of
other corporations as it now controls
tailroads.
He urged that the commission be
given power “to investigate any cor
poration or corporations charged with
or suspected of contracting, combin
ing, conspiring or monopolizing in re
straint of trade, and to dissolve the
combination and place the offending
corporations in the hands of a receiv
er. whose duty it shall be to close up
the business of such corporations, it
is not enough to dissolve the combi
nation. The corporations themselves
should be dissolved and their business
wound up.”
"Too Lenient With Rich Criminals.”
Senator Works declared that rich
criminals are dealt with too leniently.
He declared there is no remedy but
"to take away the discretion of the
weaklings on the bench, make, the
crime a felony and imprisonment im-
perative.”
Speaking- of the relation of a pro-
tective tariff, trusts and wages paid,
Senator Works declared it would be
an excellent thing if the Interstate
Commerce Co jtmission were given
power to adjust tariffs to compel man
ufacturers to pay fair wages.
Andrew Carnegie and John D.
Rockefeller and their charities were
handled without gloves. After ex
pressing his surprise that Congress
should have considered for one minute
the question of incorporating the
Rockefeller foundation. Senator Works
said of Carnegie’s libraries:
Calls John D. a Poor Model.
• Any self-respecting community
should be ashamed to accept charity
of this kind, under any eircumslances.
Much more should they refuse it. com
ing from such a source. As a matter
of simple justice and right the money
thus accumulated belongs not to the
uispenser of these charities, but to the
men, women and children whose un
derpaid toll accumulated the fund.
"We do not want our children to be,
taught the ways nor the methods of
John D. Rockefeller or his kind: nor
to be generous with ill-gotten gains;
nor to touch, handle or profit by gold
that should blister the fingers of the
man who has accumulated it by extor
tion. oppression and crime and is now
attempting to rid himself of it by giv
ing it away: nor to become the re
ceivers of stolen goods in the name
and under tne guise of charity.”
SAN KE R SENT TO PRISON.
I'OLUMBI'S, OHIO, May 5.—George
J, Magly. secretary of the defunct
Teutonia Savings and Loan Company,
to-day pleaded guilty to the charge of
making false reports and was sen
tenced 10 three years’ imprisonment.
Her Face Has Been Selected to
Adorn One of the New issue of
Treasury Notes.
A little Texas girl—Ellen Evelyn
James, of San Antonio—now a stu
dent in sculpture in the Art Students’
League of New York, is destined to
become much sought after. In fact,
the possession of her picture will he
the ambition of countless millions.
W'hy? Well, because Kenyon Cox
has used Miss James as the model
for the figure and head of “Plenty,”
a goddess appearing on one of th
new bills which Uncle Sam will soon
issue.
“I am so sorry people have found
out I posed for the figures, because
all my friends will remind me of it
to the end of my days, I suppose,”
Miss James says
Hearst Editorial Is
Read in Congress
Incorporated in the Record as a Part
of the Tariff Debate by Mr.
Austin, of Tennessee.
WASHINGTON. May 5.—The edi
torial cabled by W. R Hearst from
abroad October 10, 1912, warning the
Democrats against free trade theories
and making comparisons with foreign
living conditions, was read into the
Congressional Record during the tariff
debate by Representative Austin, of
Tennessee.
Mr. Austin was complaining against
excessive tariff cuts by the Under
wood bill and, declaring that the bill
would prove injurious alike to busi
ness and to labor, said:
“1 want to read to you what Mr.
Hearst said about free trade. Mr
IJearst rendered splendid service to
the Democrats during the last cam
paign. He rendered especial service
to the country In championing the
cause of our Speaker, Mr. Clark."
Mr. Austin then read the editorial.
THE WEATHER.
Foreeas* for Atlanta: Fair to
night and Tuesday. Temperatures:
S a. m., 75: 10 a m., 84; 12 noon.
86; 2 p. m., 86. Sunrise, 4:44; gun-
set, 6:25.
Edison Suit Against
Gould Dies, Aged 33
Inventor’s Attempt to Reopen Patent
Infringement Case Thwarted by
Supreme Court.
WASHINGTON, May 5.- The Su
preme Court of the United States to
day refused to reopen the suit orig
inally brought by George Harrington
and Thomas A. Edison against Jay
Gould and the Atlantic and Pacific
Telegraph Company for infringement
of patents, dismissing it for want of
jurisdiction. The testimony was com
pleted in the case in 1880.
In 1892 Harrington and Gould died
and Edison revived the suit against
Goulds heirs. After further litiga
tion the District Court of New York
awarded nominal damages of $1.
Pikeville, Ky., Maid Attempts to
End Illicit Distilling by Broth
ers in Mountains.
SHOT DOWN FROM AMBUSH
Deputies Slain, Marshal Wounded.
Informer Escapes Captors on
Horse and Spreads Alarm.
PIKEVILLE, KY., May 5—The
story of how a 16-year-old girl, in
an effort to end the moonshining ca
reer of her two brothers, caused two
deaths and the serious wounding of
another man, told in official dis
patches to the Government authori
ties to-day.
The girl, Ardeiia Hall, went to
Deputy United States Marshal Mark
Porter, in Pikeville, Ky.. and told him
where her brothers were running a
moonshine whisky still at Blue
Notch, in the mountains, and offered
to lead a party of officers to the spot.
Porter swore in John Sloan, of
Pikeville, and Marion Ramey, of Elk-
horn City. Ky., as deputies and, led
by the girl, went to the still.
They were destroying the apparatus
when fired on from ambush by Solo-
man Hall, Dave Hall and Tom Rid
dle, a negro.
Sloan and Ramey fell dead and
Porter was seriously wounded. Por
ter returned the fire, using Sloan's re-
▼ «. er, until he became unconscious.
The moonshiners seized the girl
and were dragging her toward the
Virginia State line w'hen she broke
away and, catching Porter’s horse,
rode into Elkhom City and spread the
alarm.
A posse is searching the moun
tains for the moonshiners, and a bat
tle is expected if they are overtaken.
Limited Speeds on
Without an Engineer
Whisked From Cab While Fast Train
Rolls Through Night Toward
Church Buttes, Wyo.
SALT LAKE CITY. UTAH, May 6
When the Overland Limited on the
Union Pacific, eastbound, neared
Church Buttes. Wyo., Sunday night,
Fireman Hurley discovered that En
gineer Alfred Nelson was missing.
The train was stopped and run back
over the road for several miles, but
the missing engineer could not be
found.
It is not known how long the train
had been running without an engi
neer. but It was believed that Nel
son was knocked from his seat as the
train passed over a bridge which
spans Blacksmith Fork Creek, about
ten miles from Church Buttes.
I CROWDS AT PHAGAN INQUEST
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Grand Jury Instructed to Probe Deeply
James K. Tupper, Much Excited,
Also Tells Chief About Some
Conspiracy—Locked Up.
LANFORD’S RUSE A FAILURE
Beavers, However, Succeeds in
Entertaining Mysterious Caller
Till Patrolman Arrives.
Harry Thaw Denies
Child's Parentage
Not Father, He Says, of Boy De
clared by Wife To Be
Her Son.
NEW YORK, May 6.—A denial of
fathership to the child of which his
wife, Evelyn Nesbitt Thaw, is the
mother, was issued to-day by Harry
K. Thaw r from Matteawan.
“My wife and I have not been on
good terms for five years." declared
Thaw.
Mrs. Thaw, just prior to sailing for
Europe Saturday, said the child was
two and a half years old His name
Is Russell Thaw. She calls him “Pom-
Pom."
If you have anything to soil adver
tise in The Sunday American. Lar- 1
gest oirculation of any Sunday newa- I
paper in the South. '
Chief of Detectives Linford was
busily engaged with detectives on the
Phagan murder mystery shortly be
fore noon Monday when an excited
man. giving his name as James K.
Tupper, 121 Plum Street, summoned
him from the conference and, with en
air of mystery, called him aside and
asked» for a pistol.
“Lend me a pistol for a few min
utes,” he exclaimed, excitedly.
Taken by surprise, the Chief eyed
the stranger closely, noticing a
strange gleam in his eyes and that
he appeared pale and agitated. The
man declined to give his reason for
wanting a pistol, but insisted that
the Chief let him have one immedi
ately.
ChieFs Ruae Misses Fire.
Chief Lan.ford stepped back into his
office on the pretext of getting a. . e-
volver, but the stranger, evidently
divining that his purpose was to have
him detained, darted down the stairs
to the second floor and into the office
of Police Chief Beavers.
Approaching close to the side of the
Chief, who was seated at his desk, tho
man, who by this time was all atrem-
ble, startled the Chief by demanding:
"I want to know all about this con
spiracy. You just as well tell me.
because I*m going to know right now.”
When asked what he meant by “the
conspiracy,’’ the strange caller re
plied :
“You know what conspiracy. You
know what I’m doing here, and what I
want, and you just as well come
dean.”
Then Wanted $6,200 Check.
Chief Beavers humored the man un
til he could telephone to the station
sergeant’s office and summon a call
officer. In the meantime, the man de
manded of the Chief that he turn over
to him a check for J6.200 left there for
him.
“Who told you 1 had a check f>r
you?” asked the Chief.
“Why. I overheard a man and
woman talking down on the street,
and I heard them say the check had
been left here for me—and 1 want it. ’
He was unable to give any idea as
to what the check was for. Police
man Hamilton escorted him to a ce'J
until he could be investigated.
Judge Charges Grand
Jury to Go Deeply
Into Phagan Mystery
Judge Ellis, in his charge to the Ma.v Grand Jury, took up the
Mary I’liagau ease. The address is published in full in this issue
of The Georgian. What Judge Ellis said specifically shout the
Phagan case follows:
The Mary Phagan rase calls tor your imme
diate and vigorous attention. The power of the
State is behind you. What appeal’s to be ati awful
(■rime has been committed, and the welfare of the
community, the good name of Atlanta, public jus
tice and the majesty of the law demand at the
bauds of this Grand Jury and of all officers of the
law the most searching investigation and the
prompt bringing to trial of the guilty party.
This is a good community. There are thou
sands of intelligent and law-abiding people—a
vast majority of our people are good and virtuous
—but, like all other communities, there are bad
people in it. The reputation and progress of At
lanta attracts to it large numbers of people from
all parts of the country, and some of the worst
people from other places come here, and add them
selves to the bad element of our county. Let the
Grand Jury get after the bad element. You in
dict all violations of the law in Fulton County and
the court will see that speedy trials will follow,
and that certain punishment will be inflicted on
the guilty.
E
Here’s
A Dollar
o
w
If you will read
the “Want Ads’’
anil find your
name lliere and
mark the paper,
the “Want Ad ’
man will give
you a dollar
when he calls.
Your name
May Appear
Q TO-DAY
O
i
o
I
Become Hysterical and Shriek
Threats as Leaders Receive
Sentence for Sunday Riots.
Special Cable to The Atlanta Georgian.
LONDON, May 5.—Charged with
obstructing the police during a suf
fragette demonstration !n Hyde Park
yesterday, Mary Neil, a member of
the Women's Social and Political Un
ion. was arraigned to-day and sen
tenced to pay a fine of $10 or spend
three weeks in jail.
• Sunday should be spent in religious
meditation rather than in fighting
with policemen,” ob'vrved the court,
but the suffragette said she thought
vo.es were more important than re
ligious meditation.
Three other women—Mrs. Barnes.
Miss Brown and Miss Lansbry—were
sentenced to fines and imprisonment
for rioting in Hyde Park.
Two male supporters of the 'Caust'
in the riots and six other men, ar
rested for their part in a free speec h
demonstration, also were fined.
Arch bald Bodkin, of the Treasury
Department, appeared us prosecutor
on behalf of the Government.
AM of the women except Mrs. Flora
(“General”) Drummond and Annie
Kenney were admitted to bail. The
women became hysterical and kept the
court room In a state of nandemoniurr.
with their screams.
“You will have to <arry us here
next time,” shouted Miss Kenney.
"We will po on a hunsr^r strike: we
will kill ourselves.” cried Mrs. Drum
mond. Sidney Drew, the publisher
who printed the militants newspape ,
The Suffragette, against the wishes of
the Government, apologized and sail
he would not pub'lsh the paper agaui.
so the warrant against him was with
drawn.
NOT GUILTY, PLEA
Eloping Atlanta Contractor To Be
Tried Tuesday for Abandon
ing His Children.
Arraigned before City Judge Cal
houn Monday. L. J. Glenn, the At
lanta contractor who eloped with
Mrs. lone Pidcock, divorced wife of
(\ W. Pidcock, of Moultrie, presi
dent of the Georgia and Northern
Railroad Company, entered a plea
of not guilty. It is hardly likely that
the case will be put on trial before
Tuesday.
Glenn will b«* tried on the charge
of abandoning his minor children.
Warrants were sworn out by Mrs.
Glenn last September, the day after
his departure with the wife of the
Moultrie millionaire.
Since Glenn was brought back to
Atlanta from Texas a few weeks ago,
where lie was apprehended with Mrs.
Pidcock, he ha> been c onfined in the
County Jail. During his Incarcera
tion Mrs. Pidcock has been a con
stant visitor at the Tower. Seated
on a siooi at the barred door from
the main corridor, she has conversed
with him across the inner corridor
SENATOR KERN TO PRESS
HIS COAL PROBE DEMAND
WASHINGTON, May 5. -Senator
Kern to-day declared that he would
press his resolution for an investiga
tion of conditions in the Paint Creek
and Cabin t’reek coal districts of
West Virginia, notwithstanding Gov
ernor Hatfields statement denying
the allegations of the Senator.
Evidence Secured by Detectives May
Not Be Presented at Coroners In-
quewSt—Lee and Frank to Testify.
Many Other Witnesses Are Ready.
The Phagan inquest began at 2 o'clock Monday afternoon at
police headquarters.
There was a great throng of witnesses In attendance.
A large force of police was on hand to keep the crowd of
curiosity seekers in order.
Prank and Lee were taken from the Tower to police head
quarters in charge of Deputy Sheriff Minor. A small crowd con
gregated about the jail in anticipation of the transfer and another
crowd even larger was in front of headquarters when the two
prisoners were, brought in.
There was no demonstration,
and the brief trip was made with
out event.
it is said, but without authority,
that a great deal of very important
evidence has been accumulated, but
that It will not tie presented at the
Coroners Inquest. Instead, it will
go directly into the hands of So
licitor Dorsey, who, as the chief
prosecuting officer of Fulton County,
is really in charge of the case now,
although tt has never been the duty
of a prosecuting officer to Interfere
with the functions of the Coroner.
May Hold Both Lee and Frank.
It seems probable that both Frank
end Lee will be held for the Grand
Jury. The testimony brought out U
the Coroner’s Inquest will be turned
over to Solicitor Dorsey, who wl’t
study it carefully and make such fur-
county government, more powerful
than the Mayor or the Police Com
mission.
The Phagan case is in the hands of
Mr. Dorsey now, as it has been from
the beginning
The function of the Coroner’s office
i> simply to gathetUestimoni; and evi
dence that Is turned over to the So
liettor for hint to act upon.
Statement by Solioitor.
Solicitor Dorsey made this state
ment .
"Mr. Scot! of the Pinkertons, has
given to this office valuable informa
tion The policy of the Pinkertons te
to establish the truth. They recog
nize that this office will receive from
them to that end any information
they have, but under no circum
stances do they expeot to get any in
formation we have gathered from
ther investigations as he may deem | other sources.
no. essary, using the detective force of
the city for that purpose.
Judge Ellis of the Superior Court on
Monday instructed the May Grand
Jury to investigate the mystery in a
thorough manner. It Is not likely,
however, that the Grand Jury will
take up the case for several days. The
matter of presenting evidence on
which indictments may b found Is in
the hands of Solicitor Dorsey. He
lias charge of the Grand Jury, and it
is he who presents the evidence and
who frames the Indictments, and It
may take him several days to
strengthen -tain links in the chain
of evidence, so that when Indlctmen.s
are brought they will be found to bo
lege lit correct and will leave no op
portunity for the lawyers engaged by
the accused to make objections ir
court.
It is the intention of Solicitor Dor
sey to keep secret ail evidence in ills
possession until the matter has been
passed upon by the Grand Jury, in
dictments found and the case brought
to trial.
Frank Maintains His Innocence.
Everything depends upon what
transpires at the Coroner's inquest.
Frank’s testimony may make neces
sary an entirely new deal of the cards.
He still maintains his innocence, and
Lawyer Rosser, his counsel, declares
that there is no evidence by which to
connect him with the case.
Coroner Donehoo will hold a con
ference with Chief of Detectives Lan-
ford and Solicitor Doraey before the
inquest to decide upon ttie witnesses
w’ho will be asked to testify
In addition to Lee and Frank, the
detectives will have on hand persons
they have been Interrogating since the
inquest adjourned last Thursday. Sev
eral of these are said to have made
disclosure*: of srreat Importance
Dorsey’s Action Misconstrued.
There seems to be a misapprehen
sion in the public mind about the at
titude of Solicitor Dorsey, Rumors on
the streets and gossip in newspapers
that he "has taken the Phagan case
out of the hands of the police and out
of the control of the Coroner” is not
true, for the very simple reason that
Mr. Doreev is the chief prosecuting
officer of Fulton County, superior to
tile police, the detectives and the Cor
oner. He may act with them or inde
pendently of them. As Solicitor he is
the most important official in the
The Grand Jury did not take up the
Phagan case Monday. After passing
on a number of routine matters It
adjourned until Friday, but in the
meantime will hold itself in readiness
to a call from the Solicitor should ha
deem it necessary
Mr. Dorsey said he was agreeably
satisfied with the progress he had
made in the case, and he was de
veloping every clew that was of Im
portance. He has given over his en
tire time to directing the investiga
tion, he said, and would not see any
one to-day except on matters relating
to it.
Deputies from his office and private
detectives in the county's employ
have made aearch after search of the
building. Many articles that were
left there by the police have been
brought to his office, and will be kept
there until examined. Monday a dir
ty, grease-soaked broom and the lan
tern that was in the cellar, were
brought to his office. He will have
them examined for blood stains or
finger prints.
He said that to the best of hia
knowledge the coroner’s inquest
would be resumed Monday afternoon
Coroner Donehoo said that practi
cally all of the employees of the pen
cil factory would be at the inquest
this afternoon ready to testify 1f
called upon.
With the employees of vhe paper
factory where Mary Phagan woiaV't
before she went to the pencil factory
the witnesses will total nearly 100.
The detectives say that all of these
persons, a large number of whom
were on the streets the Saturday aft
ernoon of the tragedy, already have
been questioned and that none of
them -aw Mary Phagan after »he is
known to have gone to the pencil fac
tory for her money Saturday noon
Chief Lanford wa* authority for the
statement to-day that probably some
of the most Important evidence would
not be disclosed at tne inquest, but
would be reserved and presented be
fore the Grand Jury.
"We are not showing our full hand
yet," said one of the detectives. "We
will submit sufficient evidence before
the coroner’s jury to warrant holding
the two men now in ouetody, but we
do not deem it advisable to tell eatery-
thing until we present it to thegmnd
jurv Three or four of our most tvn-
Coqtjruied on Rage -Z.-CpinmaOrt