Atlanta Georgian. (Atlanta, Ga.) 1912-1939, May 05, 1913, Image 2

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FRANK LIKELY TO TESTIFY AT Urges Enforcement of Laws Regulating Locker Clubs and Against Sun day Lippling, Questionable Houses and Carrying Concealed Weapons. / Judg* W D hillm. of th* Superior /Court, delivered the following ad dr*** lo the new (irand Jury, and touched upon the Phagan ease: ‘Under our system of judicial pro cedure. we ha «ie in the Superior Court of this county six terms each year. Grand jur' are drawn and Impaneled at each term, but the du- tiea of making Investigation* into matters of a general nature, such as the inspection of the office*, the hooka, papers and records of the Clerk of the Superior Court, of the Ordinary and of the County Treas urer. the duty of examination of pub lic buildings and their condition, the examinations of the lists of voters, and the examination of convict camps, the inspection of the jail and such other matters concerning the public welfare, the peace and good order of the county at large, are re quired at the March and September terms While such matters are after by the grand jurie. of the terms named, vet you are not pro hibited from inquiring into such mat ters if you deem it necessary, or if our people me good and virtuous, but. like all other communities, there are bad people in it. The reputation and progress of Atlanta attract* to it large numbers of people from all party of the country and some of the worst people fiom other places coiou here and add themselves to the bad element, of our county, Let the Grand Jury g**« aflrr the bad element You indict all violators of the law In Fulton County and the court will see that speedy trial* will follow snd that certain puniahtnent will be in flicted on the guilty. Should Net Exploit Crime. I do noi sympathize with ths com mon cry that humanity la all bad. I do not believe that the tendency of humanity is for the bad 1 believe that it is unfair to cry out in * sort of wail of despair because crime is committed. I doubt if the holding out to public view of all the frailties of the human tide i* conducive to the public good "There Is no perfect* community anywhere, and probably never ^ill be upon the face of this world of ours; but in trying to elevate and promote looked good citizenship, In trying to suppress ‘crime and disorder, we should not be led into the error of bringing reproach upon the people of one of the best communities jp the world by exploit- j lng the misdeeds of a few Continued From P ••• 1. brought to vour attention by the! Let us rat her contend for reaching , .... Solicitor General ,0 th * hi,h levfti of honesty and virtue or the Solicitor General. [ «„d ul the same time ferret out and Cites Violation of Liquor L*w. k punish the guilty who are upon us. Von are impaneled at this ihe) and who. by their conduct, violate the Ma\ term specially to inquire into which condemn the vicious and • which give praise to and provide for «nd take action upon cases of viola- t th „ well-being and safety of the good. non of the penal .ode While you R.c.ll, Oath of Sacraay. ,re to consider all violations of the, w ,„t to remind vou of vour duty Uw and bring to trial by presentment J un to matter* which occur in the •r indictment all who are probably > Grand Jury room Your oath is to keep secret the State's counsel, your fellows and vour own. unless called aiiilty of crime, I will call your ape ■ ial attention to some matters Look to the violation of the law against the sale of intoxicating liq uors. Find true bills against all who conduct clubs, which are run for the purpose of selling liquor. Un der the law. locker clubs can be oper ated. but if a club is organized or maintained for the purpose of mak ing money by the sal? of intoxicating liquors, those who operate or main tain it are violators of the law If a locker club, organized for so cial pleasure, is conducted as such an organisation, it is permitted that the members may keep liquor as u part * f the social establishment; but if the sale of intoxicating liquor is the pur pose and the social feature only an • xcuse for the organization or opera tlon. then those who run such nn al ieged club are guilty and should oe brought to trial Defines Tippling Houses. I want again to call your special attention to keeping open tippling houses* on the Sabbath day. Evei v ub, no matter how’ well organized snd operated within the Tew-, is a tip pling house if the members are per mitted to assemble there on Sunday and drink intoxicating liquor*. Even * private citizen would be guilty of keeping a tippling liana* on the Sab bath day if he allows hi* friends and on to give evidence thereof in a court of justice. The object of the law Is to allow the utmost freedom in the Grand Jury room, in making honest and fair In vestigations It is had faith, and a violation of hi* oath, for a grand juror to tell what transpire* in their delib eration* but it Is not nn uncommon thing for the general public to be In formed of things that transpire during the investiga tion of alleged (‘rimes "Look to this and Ff there is a vio lation of it. you should investigate, find out who has betrayed the confi dence reposed, and report to the court the offending person " Police Hunt Missing Tallulah Falls Man Mystery Shrouds Whereabouts of Thomas Smithson, Who Die appeared Laet Wednesday. Mysteriously missing since last Wednesday. Thomas Kmithson, chief mechaak: at Tallulah Fall*, is being sought Monday by the police. . ... Smithson disappeared in Atlanta, neighbors to assemble in his parlor J and hi* wife, w ho is here aiding in and drink intoxicating liquors on 1 the search, fear* harm may have be- Sunday. and this w ould be true even i fallen him. f he furnished the liquor free or al . Smithson came here TusmImn to owed those who assemble to bring h ] », a ve some repair work done on a w.th them. I charge you to look .house he own* at 180 closely into this matter. ‘I wish to invite your careful at tention to the law against carrying on< ealed weapons. No man, und*r the law. has a right to carry a con- ealed weapon Officers of the law may open1> carry them and private persons may carry them openly by obtaining a license, but nobody has ,\ right to carry a deadly weapon oon- ealed. This is a free country, and life and person ought to be safe in It. "Good people d*o not go armed, but the vicious and desperate do go armed. The good citizen is certainly ns cour ageous as the bad. and he 1* entitled to w’alk in the pathways of life with out being ai the disadvantage of b«- ng shot down by some cowardly vll lain who walks about armed ami equippedi for slaughter. Law Bars “Gun Toters." If all men are to have an equal showing, all ought to be allowed to go armed or all ought to be compelled o ro about unarmed. The law lias de. id<Hl which equality shall ex’s:, and it declares that no man shall go about with concealed weapons and none shall carry pistols even openly unless he shows some reason for it wul publicly procures a license "It is claimed that public houses of prostitution have been abated in thi« county. Of course, it is desirable •at prostitution should cease, but i he abatement of the evil of lewd houses in known localities makes it most probable that assignation houses will soring up. snd that the illicit intercourse will be sniftea from ljnown localities to dark and secret i Jaees. "A thousand such cases are not in the aggregate so revolting as one case of seduction of a virtuous girl or the rape and murder of little Mary Pha gan. I charge you to look carefully and deliberately into all these mat ters, and especially to investigate sus pected places of assignation or houses or places run for the purpose of pros titution under the nanu> of rooming houses. “The Mary Phagan case call* for your immediate and vigorou* attention. The power of the State is behind you. What ap pears to be an awful crime ha* been committed and the welfare ef the community, the good name o ( Atlanta, public justice and the majesty of the law demand at 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 i* a good community There are thousand* of intelligent and law- abiding people, a vast majority of own* Hi 180 Hampton Street. He visited this place Wednes day, made all plans for the work, and than vanished. He is f>I y*-ars of uge. Mrs. Smithson i* hi the home of her half-brother. Alva Murdock. i»6 Howell Street. Debts Paid by Mother; Martin May Return It Is Beliaved Missing American Will Sail from London This Weik. I Speem Oable to The Atlanta Georgian. LONDON, May 6 Although the .1. Wilberforce Martin mystery remain* unsolved, it is said here that his di» appearance was arranged by hiacred itors, to whom he owed about $300 - 000. Scotland Yard received word fr.un Memphis that Martin* debts had been settled b\ his mother. He now is at liberty to return home it is be lieved Martin has returned to Lon don and will aail for America this week. Gompers' Sentence In Bucks Case Cut Court of Appeals Reduces Punish ment for Contempt to Thirty Days in Jail. WASHINGTON. Ma\ 6 The Dis trict of Columbia Court of Appeals to-day reduced the sentence of Sam uel Gompers, president of the Ameri can Federation of Labor, in the Bucks Stove and Range Company contempt case to 30 days in jail. The sentences of John Mitchell, vice president, and Frank Klorrison, secre tary, were remitted and fine* of $300 imposed. Chief Justice Shepard d t.•-•son leu Ik HE THRIVES ON POlSON CHAMPAIGN. ILL.. May 6.—Henry Peter*, aged 60. a farmer, was alive and we ! to-da\ Last night he drank more than an ounce of nitric acid. Ten da> s ago he swallowed two ounces of au'phuric acid and recovered. luoqw joj Ha*eau)|,w %q* kuouiB l*Mi uojia|noj}i) uj «i joiunu y *s«suvM luv)Joduj| A*sfq jo jouiny .’A-inf pUHJfj *q) oi uaoB *»>tn .i*ijh II tun pa a ww oq njw sawsauifw juetjod detectives have been searching in a young woman who I* said to have been with Mary Phagan when Mary went to get her pay envelope Satur day noon at the pencil factory. The Identity of the myslerloiiB girl has not been disclosed The report is tha she wsh overheard to remark that she waited outside the factory while Mir;, was in getting her envelope and that after she had waited about half an hour a man came out and told her sue needn't wait any longer, a* Marv would be detained by some work she had to do. The detective* immediately eiarted a search for the young woman in the hope that *he would be able to give a good description of the man who toll her she need wait no longer Miss Beuiah Daniel, daughter of G. T. Dan te] of Mabletoti, Ga wav in a Mari etta store when she overheard the converaatlon. but little importance wa* attached to If until she repeated it to her father He then notified the au thorities and the aearch was taken up. Bloodstain Teats Kept Sooret. Dr Claude A. Smith, City Bacteri ologist. to whom the shirt found in a barrel at l.ees home w'a* given fur un analysis of the blood-stains, would not make public the result of hi* in- veetigation this forenoon. Chief Dan- ford said that he would receive til report later Chief Lanfoid.* secretary, G. C February, was occupied thi* foreriom in compiling ail of she statement* made thus far to the detectives and In making a review- of all the clew* that had been received and follow** i to their original source. The com pilation will be added to a* new de velopments occur. Efforts to rap Lee Fail. Hoping to catch Newt Lee in soot admission that will signify that he ha* more knowledge of the killing of Mary Phagan tha he ha* been willing to tali. Deputy John Owen, who has been stationed al. the jail night*, has kept a very close watch on the prisoner and has questioned him repeatedly. After talking with Lee for some time last night, Owen posted a man behind the watchman's cell to learn what he would sayy to his cellmate. Daw berry, who is waiting to hang f »r murder. "They seem to think you know- mori about the murder than you have toM them.' Dewberry was heard to sav ‘o Let. "I've told- them everything I know, was t he reply "They seem to think you’re try in , to protect some man, Dewberry con tinued "I declare, if 1 knew who did it. . would tell quick enough and get im self out of this." I^ee said. Pastor Urges Inspectors To Protect Working Girls. Dr. Andrew R Holderby, of Moore Memorial Presby rerian Church, re ferring to the Mary Phagan tragedy, yesterday urged that the city of A - tanta provide women inspector* to look after the working girls of the city. He also warned parents not to discus* the details of the affair wlMi their children. "Atlanta has been excited and torn by the sickening crime," said Dr. Holderby. "and the whole community has become demoralized. But why should we wax hysterical because one demon has committed a. das tardly deed? The crime has been perpetrated, but it might have been done in any other community. Ef fort is being made to clear tlv mys tery and punish the criminal, so why should not the public be satisfied? “This city is no worse than others simply becau.se one such crime has been enacted The people and the police department are not to blame for the deed. Girls Exposed to Dangers. "One note of warning however, may be sounded. Atlanta can not be too careful of her working girls, many of whom are exposed to ihe most insid ious of dangers "I believe it is ihe duty of the city to afford the very best protection for these girls, and. of course, it is tne duty of every familv to guard them. Young girls who come in contact with t lie public daily face untold dangers. Mothers and fathers, after all, mus: give them their greatest protection. • Hut the city should provide inspec tors to look Into conditions that sur round working girls and the treat ment accorded them. If this were done efficiently, there would- not like ly occur any such hideous crim *s against pure and innocent git's." ‘Gigantic Joy Jag’ For Ad Men’s Club Cafe Denechaud Will Be Closed to Public Tuesday Night During "Get Together Spree." The Atlanta Ad Mens Club nas announced a "Gigantic Jag of Joy" at the Cafe Denechaud Tuesday at 7 o’clock It is to be a get-together meeting of all of the members, and the cafe will be closed to the public during the dinner. The following program, printed on brown wrapping paper with red ink. has been mailed to al! the members; Regular three-ring circus and va riety show. ‘(1) Da Riga Uaruso-Italiano-Spa- gaiteo Dinner "(2> Get - together - and - get - ac quainted meeting "(3) Smoker and vaudeville: corn cobs. coffin tacks and perfectos—take your choice Music, sud*. fun and frolic and cabaret entertainment " Governor Brown on Phagan Case +•+ •!•#+ +•+ +•+ + Let Law Take Its Course, He Says +•+ +•+ +•+ +o+ 4**+ ‘Guilty Will Pay, Innocent Escape’ From The Sunday American. Joseph XI. Brown, Governor of Georgia, on Saturday night gave to Hearst’s Sunday American ihe following ringing and sig nifxcant interview in respect of the Phagan murder mystery: By JOSEPH M BROWN, Governor of Georgia. UES1KE to commend, with all the ernplmsi* at my command The Hears) newspapers' suggestion to the people of Atlanta and Georgia that they remember the sanctity and majesty of the law of the laud, and the sure op eration of justice through the courts,, ill contemplating a recent horrible and unspeakable crime committed in our midst. t commend all newspapers, and persons, and influences, and things that hold fast lo the law in times of anxious suspense, aod when wild and irresponsible ru mor runs not in a community. We must hold ever in mind that the people have established the processes of law, and that those processes work through the courts, with judges and juries. Trials of criminals must not be conducted in the newspapers, on the street corners, in the cafes— not even in the homes. Trials must be conducted in the authorized temples of justice, and not elsewhere. They must not be based upon suspicion or hearsaj', but upon competent evi dence, sworn to by the mouths of creditable witnesses, or estab lished upon such combinations of circumstances as legally prove QQy ff BROWN K'tilt or innocence of the ac cused. No elements of class favoritism or race prejudice should op : erate either for or against a defendant or suspect. The law requires, and jealously, the couviction of a criminal beyond a reasonable doubt, and neither disconnected nor frag mentary evidence will do in cases involving the life and liberty of persons charged with infractions of the law. A recent dreadful crime in Atlanta has shocked the entire State beyond expression. * It is known that a young girl, fresh iu the flower of youth, has been foully murdered. That fact, and the place and some of the primary circumstances of the crime are settled, beyond dis pute—but no more. Certain suspects are in jail—within the State's custody, safe and secure. As yet no one has been indicted by a Grand Jury. That point in the consideration of the matter will he reached in its place. Suspicions, street gossip, rumor, it makes no difference how' seemingly plausible, have no place in shaping a verdict for or against anybody now'. The process of the State’s law' has been promptly inaugurated and is proceeding in order. There is no reason whatever to doubt that it will go forward in dignity, and with all due haste, to the conclusion of the investi gation. 'I'he Coroner’s jury now has the Phagan case in hand, and is intelligently and fairly sifting the testimony. Where the Cor oner leaves otf. the Solicitor will take it up, and thus on. through the Grand Jury, to the court house, the judge and the jury. This process lias been evolved of the long experience of the Anglo-Saxon race the highest type of humanity on earth—and the ultimate aim of that process is. and ever has been, the firm and certain establishment of the truth, and consequently the in telligent ami thorough application of justice. In passing, and in further emphasis upon the necessity of pre serving calm ami poise in the situation discussed, I desire to offer the Hearst newspapers 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. That was a manly thing to do. It reuewed and rejuvenated my persistent faith in the fairness of Georgians, and in their ever present desire to work justice to all and injustice to uoue. uo mat ter how high or how low, or of whatever creed or cult, sect or faith, color or condition. The law holds the scales evenly between the Stale and the accused, and at all times its eventual aim is justice. The State exacts justice for herself and accords it to the accused. I have been moved to say this much to you, and through you to the public, in. the interest just now of fair play, of law and or der all so dear to my heart, and to the hearts of a vast majority We must hear in mind that the State is quite as anxious to tix upon the right party the responsibility for this great crime as any man can he. and that the State is infinitely better equipped to do this than any individual, of his own motion, could be. Relatives Left Only Small Share of $115,000,00 Property of Wealthy Atlanta Woman, Bequeathing the bulk of her eetate, •mounting from 1116,000 to J120.00C, to Mercer University, the will of the late Mrs. Barbara C. Dodd, who died here April 80, was died for probate in the Fulton County Court of Ordinary Monday. To the Grady Memorial Hospital Mrs. Dodd bequeathed the proceeds of a 82.000 fund for the maintenance .f the infants' ward at the hospital. This amount was left in trust with the Centra] Bank and Trust Corporation together with a like amount for the Georgia Baptist Orphanage at Hap ■ ville. A sum of 81,600 was left in trust for the maintenance of her grave, any excess in its earnings to go to Met re’'. Mi's. Fannie T Ackerman, of New York, sister of Mrs. Dodd, receives 85,000 outright, while tier brother, Henry E. Dibble, of,Campbell County, was left the earnings of 85,000 placed in trust with C. E. Currier, executor of the estate. Barbara E. Dibble, a niece, living in Montgomery, receives 82,000 and a handsome marquis ri.;<t set with nine diamonds. A11 her other jewelry is to be sold by the Central Bank and Trust Cor poration. the proceeds to go to the Home for Old Women in Atlanta. This will amount to several thousand dollars. The remainder of the Dodd estate is bequeathed to Mercer University, which, it is estimated, will comprise an immediate donation of practically 8100,000. At the death of her brother an additional 85,000 will go to the Baptist college, it having been made residuary beneficiary. Mrs, Dodd was the widow of Phii'p Dodd, a wealthy wholesale grocer of Atlanta, reputed as a man of great wealth. She had but the two near rel atives. None of their children, except the niece in Montgomery, was named as beneficiary in the will. It is said that in 1809 Mrs. Dodd destroyed a will by which she had bequeathed most of her property to relatives JURY IN SMITH SLAYING SIXTY NEWSPAPER MEN ARE OHIO AVIATOR KILLED. AKRON. OHIO, Max 5. -In di,»» of 200 feet Charles Carlson, aged 24. j an aviato: for the Silver Lak»* Avi ation Company, was killed to-day H was crushed- under the engine. TRIAL UNABLE TO AGREE SPRINGFIELD. OHIO May o—The i.ir> rj !he case of P Arthur Smith, ■ barged nith ihe murder of his wife, disagreed to-day The jury had beer ■ ml a nee Saturday afternoon ARRESTED IN MEXICO CITY MEXICO CITY May 5—Sixty newspaper men ©re under arrest, here fora demonstration protesting against the suppression of the radical news paper* 131 Voto and Vox de Juarez Expect Hawthorne To Ask for Parole Prison Board Probably Will Consider Hit Plat With 109 Others Monday Afternoon. Julian Hawthornes plea for parole probably will be among the 109 ap plication* considered when the At lanta Federal Prison Pardon Board meets Monday afternoon. The fact that a ruling of the presiding judge *et the technical beginning of his sen tence of a year and one day for us ing the mails to promote a fraudu lent mining scheme for November, instead of March, when he was in carcerated, makes him eligible to pa role at this time. The failure of R. V. LaDow. presi dent 6f the board, and Sewell Key, its secretary, to arrive early Monday morning delayed the session, sched uled for 9:30 o’clock. Members present when the meet ing was called and adjourned were William H. Moyer, warden of the prison; J. Calvin Weaver, prison phy sician: M. L. Covington, parole offi cer. and Frank Rodgers, clerk. No. 1 Takes Children As She Honeymoons Back From Her Second Wedding Trip. Mrs. Ted Mooring Accuses Her First Husband. Mrs. Ted A. Mooring, a bride of two weeks, is endeavoring to locate J. Thomas Long, of Monroe, Ga.. once her husband, who, she says, enticed away their two children during her honeymoon. Police aid has been sought, but no action could be taken because Mrs. Mooring was unable to produce the court order which gave her the custody of her little girls, Faye and Margaret, aged 8 and 10 years. Returning to the home of her sis ter, Mrs. Edward -McDonald, 116 East Fair Street. Sunday night, Mrs. Moor ing was told that Long had called Sunday morning and asked permis sion to take th$ children out for a stroll. They have not been seen since. The American-Georgian Pony Contest Vote Coupons Hearst’s Sunday American and Atlanta Georgian PONY CONTEST VOTE COUPON, MONDAY, MAY 5, 1913 GOOD FOR 5 VOTES Voted for Address Voted by CARRIERS’ AND AGENTS’ BALLOT. Hearst’s Sunday American and Atlanta Georgian PONY CONTEST VOTE COUPON, MONDAY, MAY 5, 1913 GOOD FOR 5 VOTES Voted for Address Voted by SCHOOL BOYS' AND GIRLS’ BALLOT. POTEAT DELIVERS El Furman University President De clares Religious Despotism Has No Place in Arnerica. Forces Way in Jail And Shoots Prisoner Montgomery Lawyer Tries to Avenge Slaying of Uncle—Crazy. , Says Father. MONTGOMERY, ALA.. May 5.— W. J. Fuller, widely known lawyer, rush id by the turnkey at the county jail to day. and. drawing a pistol. flr?d through the bars of a big cage where negroes were confined. A negro, changed with some minor crime, re ceived a painful flesh wound in tne leg. Fuller intended the bullet for another negro, Bud Hannon, charged •with the slaying of his uncle, Consta ble Thurman, here last week, bit Hannon escaped unharmed. Fuller's father*appeared at the 1ai shortly afterward and' stated he would sue out a writ of lunacy for his son. the latter himself now being held as a prisoner, charged with assault with intent to murder. Dr Edwin* M. Poteat. president of Furman University, Greenville, S. C., delivered Sunday night at the Baptist Tabernacle the address which he at tempted to make before the Sociologi cal Congress last week and which was stopped by the presiding officer. Dr. A J. McKelway. "The National Stewardship" was Dr. Poteat'* subject. He disclaimed snv intention of attacking either Jew s or Catholics, but stated that a discus sion of his theme necessitated men tion of the part played in history by the Jewish race and the Catholic Church; how that mission had been fulfilled, and that now' the American people were intrusted with the charge of fostering democracy, both in gov ernment and religion. Dr. Poteat. in part, said "America is commissioned of God to guarantee personal liberty, both relig ious and civic. Tn its final analysis the struggle of the world from the beginning of history has been one be tween despotism and democracy. Rus sia. Turkey and Germany—the latter in lesser degree—are about the only countries in the world where despotic governmental rule still sways. China is the latest convert to the rule of de mo ora c*y. Founded on Raligious Liberty. "In religion it is the same Amer ica is founded on ihe principle of re ligious liberty, and the Catholic Church, which represents the hardesr and most stringent despotic rule, has no place in America. "As an American citizen, 1 claim the right to fight a church that strikes at the foundation of democracy in re- 1 ligion. The priest is exactly 2,000 years out of date. When the veil of the temple was rent, the function of the priest was destroyed and the indi vidual was given personal access to God. "The Catholic priest is the most enormous anachronism in the world to-day And while we are bound to recognize the right of every individual to worship God as he chooses, the American nation can not, and will not, submit to the encroachments of the despot, even in religion. "The Jewish race lost its divine commission when it rejected Jesus as the Saviour. Up to that time it had been the leader in religion. Every great idea contributed to the thought of the w r or Id came from the Jews; in fact, the Jews were chosen of God. but they rejected the stone that is the keystone of the arch. Jews’ Mission to Prepare. "The Jews’ mission was to prepare a soil for the reception of the Chris tian religion, for they were the first people of the world who conceived a God or deity who was moral. In busi ness and commerce the Jews* are lead ers; in fact, there is but one city in ithe world w’here the Jew is not at the very top in business He met his match in the Scot of Edinburgh. “In America to-day. the immediate conflict is between the bosses and the people. The whole country is watch ing Woodrow* Wilson in deepest anx iety to see what he w'ill do with the situation. But America’s world mis sion is to establish and preserve a •kingdom in which the people rule, both in religion and in the national Government." ADJUDGED DEAD, COMES BACK AFTER EIGHT YEARS TOPEKA. KAN.. May 5—W. H. Caldwell, who was adjudged legally dead by the Kansas Supreme Court in a s*uit by his wife for his life insur ance iias returned to Topeka after an absence of eight years. He Wt Kansas on account of his domestic trouble, he says. The judgment for the insurance probably will be set aside. CHANGE OF H LAIN GIN TEST In King Slaying Case Supreme Court Hears Argument Against New Statute. The Supreme Court is hearing to day tne appeal case of Nick Wilburn, accused jointly with Mrs. James King, in Jones County, of the murder of James King, her husband. This case was the first heard in Georgia under the Folker law, passed by the Iasi Legislature, which gives defendants a right to apply for a change of venue in cases where there is fear of mob law. Wilburn has applied to Judge Parks for a change of venue under the Felk- er law. but his petition was denied on its merits. After the case w ent to the Supreme Court on appeal the consti tutionality of the Felker law was at tacked in an oral motion by Solicitor General Joseph E. Pottle. As the con stitutionality was not attacked in the original hearing, the Supreme Court is hesitating to consider the question now on appeal. A curious feature of the case is that the Attorney General has joined the defendant’s counsel in asking the Su preme Court to rule on the law’s con stitutionality. notwithstanding that it was not attacked in the original hear ing. The court has asked all attor neys to the case to submit within a week such briefs as bear upon the point raised. CRAZED RUSSIAN FANATIC KILLS 2, FATALLY HURTS 3 Special Cable to The Atlanta Georgian. ST. PETERSBURG. May 5.—A Russian religious pilgrim, who had been given shelter last night by a farmer living near Pskov, went in sane during the night and attacked the family with a hatchet killing the wife and a child and fatally wound ing the farmer and two other chil dren. The maniac then tried to commit suicide. He was arrested. r Next week. Beautiful Bedding Plants, 3c each. Atlanta Floral Co., 555 E. Fair Street. Cure for Stomach Disorders i Disorders of the stomach may be < avoided by the use of Chamber- l Iain's Tablets. Many very remark- < able cures have been effected bv l these tablets. Sold by all dealer*. White City Park Now Open ATLANTA THEATER Mtlinees Wed and Sat iifMe tic to 50c ALL THIS WEEK Eicept Wednedsay Right Miss BILLY LONG Company In The Olrl From Out Yonder Hit WEIK— Ar. Toy ■ Pino’" Se.t«—W.To.iTo. f e Our Christmas Saving Club Is Still Open By special request we have extended the time for a few days longer, and have ordered new supplies But when these supplies are exhausted, the Club must close. Join today and avoid disappoint ment. A nickel will start you. Travelers Bank & Trust Co. Peachtree at Walton V. -J