Atlanta Georgian. (Atlanta, Ga.) 1912-1939, May 05, 1913, Image 1

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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 +•+ +•+ +•+ +•+ +•+ +•+ + • + + • + +•+ 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