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’ <4 FRANK ON WITNESS AND EXTRA The Atlanta Georgian Read for Profit--GEORGIAN WANT ADS--Usefor Results NIGHT EXTRA VOL. XL NO. 334. WEATHER: FAIR. ATLANTA, UA., MONDAY, MAY 5, 1913. 2 CENTS EVERYWHERE CRACKERS GET T Bisland's Long Triple Gives Smith’s Crew Early Lead Over Finn's Sea Gulls. MOBILE, ALA.. May 6—Bill Smith sent George Bauseweln to the slab this afternoon in an effort to stop the fast going Gulls. The Trackers are anxious to defeat the league leaders now, as a victory puts them a full game nearer the top. Campbell went to the slab for Mobile. Dunn and Schmidt did the catching THE GAME. FIRST INNING. Long Hied to Robertson. Agler ground ed to O’Dell and was safe on O’Dell’s low throw to Paulet. Alperman singled to center and Agler went to second. VVelchonce fanned. Smith hit to O’Dell, who slapped the ball to the outfield, and Agler scored, Alperman going to sec ond. Bisland tripled to deep center, Mperman and Smith registering. Gra ham fanned. THREE RONS, THREE HITS. Millions Will Seek This Girl’s Picture 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 Gould's heirs. After further litiga tion the District Court of New York awarded nominal damages of $1. 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 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.” Limited Speeds on Without an Engineer Whisked From Cab While Fast Train Roils Through Night Toward Church Buttes, Wyo. SALT LAKE ClTY r , UTAH, May 5 When tlie Overland Limited on the I'nion 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. Lo, the New Indian Who Isn't So Poor! In Oklahoma They Are Getting From $9,00 to $12,000 a Month From Oil Lands. WASHINGTON, May 5.—Eastman Richard, a Greek Indian one of the tribe of the famous Crazy Snake, was forced by the Government to take an 1 allotment of 160 acres of land in the rushing, Okla.. district. Since thau. time oil has been discovered on his allotment and he is receiving a mommy income of from $9,000 to $12,000 according to Indian Agent Dana H. Kelsey, of Muscogee, who is here to see Secretary Lane of the Interior Department. He said that many of the (’reek In dians are reaping a harvest from the oil fields at Cushing. Her Face Has Been Selected to Adorn One of the New Issue of Treasury Notes. A little Texas girl—Ellen Evelvn 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 be the ambition of countless millions. Why? Well, because Kenyon Cox has used Miss James as the model for the figure and head of “Plenty,” a goddess appearing on one of the new bills which Uncle Sam will soon issue. “1 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. II SEN. IRKS MAKES STATEMENT UNDER OATH; NERVOUS, BUT REPLIES QUICKLY “Any Self-Respecting People| James K. Tupper, Much Excited Should Be Ashamed to Accept ! Also Tells Chief About Some AT LEXINGTON. First—Maiden three-year-olds and up, 6 furlongs; Kingllng 107 (Buxton), 6.50, 3.T/0, 2.90 won; Ravenel 110 (Goose). 4.60, 4.10; Bill Whaley (field) 107 (Carroll), 5 20. Time, 1:16 3-5. Also ran: Judge Kerr. Round the Moon. Uncle Dick, Royal Amber, Holberg, Nancy Graner, Donwell, Higher Dp and Rose Padlock. Second—Purse $350. three-year-old fillies, 6 furlongs: Guide Post 107 (Bux ton), 34.30, 8.80. 6.00 won; Old Woman 107 (Henry), 3.60, 2.90; Annie Reed 1.07 (Vandusen), 6.90. Time, 1:14. Also ran: Maria C., Daisy Platt, Brfghtstone and Volita. AT PIMLICO First-Four and one-half furlongs: Willie Waddell 112 (Butwell), 2.40. 2.40, 2.30 won; xGraselle 110 (Mathews). 4.80, 3.20; Cutaway 107 (J. Wilson), 3.10. Time. :55 1-5. Also ran: I^igh Priest, Spearhead. xKettledrum and Santa Neca. (xCoupled.) Second—Four-year-olds and up, 6 fur longs: Aldobaran 110 (Wolfe). 2 60, 2.10, 2.10 won: Textile 121 (Butwell), 2.10, 2 10; Stentor 113 (Clements), 3.00. Time. 1:13 Also ran. Tom Holland and Vig orous. 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: “I want to read to you what Mr. Hearst said about free trade. Mr. Hearst 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. Charity From Them.” WASHINGTON. May 6—In a speech before the Senate, in which he attacked the Sherman anti-trust law as a failure, Senator Works, of Cali fornia, bitterly criticised the methods of Andrew Carnegie and 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 pow r er to supervise the business of other corporations as it now controls railroads. 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 Criminal*.” 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 irnorisonoient im perative.” Speaking of the relation of a pro tective tariff, trusts and wages paid. Senator Work’s declared if would be an excellent thing if the Interstate Commerce Commission 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’: 1 Calls John D. a Poor Model. “Any self-respecting community should be ashamed to accept charitv of this kind, under any circumstances Much more should they refuse it, com ing from such a source. As a matter of simple justice and right the money thus accumulated belong?-' not to the dispenser 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.’’ Alabama Wins Fight For 2 1-2-Cent Fares Conspiracy—Locked Up, Chief of Detectives Lanford was busily engaged with detectives on th“ 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 "n 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 n 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. Chief Lanford stepped back Into his office on the pretext of getting a *e- LKO M. FRANK IN A CHAHA(TKRISTfC ATTITUDE. Federal Judge Grubb Decdes State in Railroads’ Test Case. for HENRY W. SAVAGE GETS ANOTHER LEHAR OPERA NEW YORK, May 5— Henry W. Savage has* obtained the American rights of “Das Puratflfnkind,” by Franz Lehar, composer of “The Merry Wid ow.” The book Is by Victor I *»on, librettist of the fa mens “Widow. MONTGOMERY, ALA., May 5 — The state of Alabama won a sweep ing victory over the railroads to-day when Federal Judge W. I. Crubb. handed down a decision upholding the state railroad commission in re quiring the Louisville and Nashville ^Railroad to establesh a t wo-and-one- half-cent passenger fare in Alabama. This was a test case for all lines. The reduced pasenger rate has been a political factor in Alabama for nearly eight years. The United States court, through Judge Thomas G. Jones, a few years ago. upheld the contention of the railroads and the three-cent rate was restored, af ter the slate legislature had reduced It to two-and one-half cents. SENATOR KERN TO PRESS HIS COAL PROBE DEMAND WASHINGTON, May 5.—Senator Kern to-day declared that he would press his resolution for hii investiga tion of conditions in the Paint Creek and C’abin Creek coal districts of West Virginia, notwithstanding Gov ernor Hatfield's statement denying the allegations of the Senator, volver, but the stranger, evident y divining that his purpose was to have him detained, darted down the stairs to the second floor and into the offi -o of Police Chief Beavers Approaching close to th<- side of the Chief, who was seated at his desk, the man, who by this time was all a trem 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,’ 1 the strange caller re plied : “You know what conspiracy. You know what I’m doing here, and what 1 want, and you just as well come clean." Then Wanted $6,200 Check. Chief Beavers humored the man un til he could telephone to the station sergeant’s office and summon a coll officer. In the meantime, the man de manded of the Chief that he turn over to him a check for $6,200 left there for him. “Who told you I 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 l want it.” He was unable to give any idea as to what the check was for. Police man Hamilton escorted him to a cell until he coukl be investigates WALES COAL STRIKE OFF; 30,000 BACK AT WORK Special Cable to The Atlanta Georgian. CARDIFF. WALES, May 5.- The strike of 30,000 coal miners In South Wales in protest against the open shop policy was settled to-day. ILL; COMMIT8 SUICIDE. CHATTANOOGA, TEN.V, May - Despondent because of continued ill health, James Killian, of Alton Park, a suburb, committed suicide this af ternoon, shooting himself. He leaves a wife and five children. IDT GUILTY, PLEA Arraigned before City Judge Cal houn Monday, L. J. Glenn, the At lanta contractor who eloped with Mrs. lone Pidcock, divorced wife of C. 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 (rial before T uesday. Glenn will be tiled 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 he was apprehended with Mrs. Pidcock, he has been confined in the County jail. During his incart 1 tlon Mrs. Pidcock. has been a con stant visitor at the Tower. Seated on a stool at the barred door from • the main corridor, she has conversed j with him across the inner corridor. CONGRESSMAN DROPS DEAD IN WASHINGTON STATION Phagan Inquest, Starting Late Mon day Afternoon, Attracts Throng— 200 Girls and Women Summoned As Witnesses, at Police Station. The Coroner s inquest into the Phagan mystery did not really begin until 3 o'clock on Monday afternoon, instead of 2 o’clock, 1he hour set for the hearing. Lo M. Frank and Newt Lee left the jail in charge of Chief of Police Beavers, Detectives Lanford and Starnes and entered the patrol wagon for the trip to police headquarters. A curious crowd waited around the jail doorway to get a look at the two prisoners Both men appeared nervous. Frank walked with a quiek step between Beavers and Lanford He was freshly shaved, wore a dark suit and a derb.v hat. Starnes followed with Lee. Neither man was handcuffed. Crowd Fills Police Station They arrived at police headquarters five minutes later and were greeted by 700 or 800 persons, who parked the eorriders and stairways of the police station. Both Frank and Lee were taken directly to the detectives' room through a rear entrance, where the inquest was held. It was necessary for the officers to cut h passageway through the jam of humanity. Into this narrow lane Frank, with Chief Lanford s hand ou his arm. entered, looking neither to the right nor the left. He walked with a hurried step and appeared to be relieved when the room, where the inquest is being held, was readied. Bee seemed less concerned and walked carelessly along fwnn Ibe rear dour, up the stairs and through the packed corridors. Barr Merely Curious From Room. The inquest room was closed to all but those who could prove that they had actual business inside. Sergeant Maddox stood at the doorway and denied admittance to several bnndred persons ! who were eager to hear the testimony. Nearly 200 women and young girls, most of whom are em- iloyees either of the pencil factory, or of the paper factory where Mary Phagan formerly worked, were herded into the large roll- call room on the first floor to await the time when they should be called upon to testify. Jusl before hte inquest was called Coroner Donehoo was closeted in a conference with Solicitor Dorsey, Detective Lanford, Chief Beavers and the detectives who had bee nworking on the case. Newt Lee Taken From Room . Chief Lanford held subpoenas for two more witnesses whom it was decided to call at the last moment. Before the first witness, Leo Frank was called, the coroner requested that Lee be taken from the room. Prank took his stand at 2 :.)0 o'clock. He was sworn by Coroner Donehoo. His testimony follows: The reason for the delay in begin ning the Coroner's inquest was that Coroner Donehoo was in Marietta up to 2:30 o’clock. The body of Alary Phagan v. as ex- humed by direction of the Coroner who went to Marietta for the pur pose An examination of the con tents of the stomach will be made fur the purpose of determining wheth- hild had been poisoned befoi attacked on the day of her er th she \ death. It will probably be sev fore tills examination j pitted. J The exhumation vva j quietly, and few people knew anything about it eral days be- •an be com- in M very irietta WASHINGTON, May tative L. J Martin, of Newton. N. J.. dropepd dead in the Union Station here to-dav while waiting for a train. Heart disease is believed to have been the cause of death. THE WEATHER. Forecast for Atlanta: Fair to night and Tuesday. Temperatu res : 8 a. m., 75; 10 a. m.. 84; 12 noon, 86; 2 p. m., 86. Sunrise, 4:44; sun set, 6:25. Frank’s Father In Law j Summoned to Testify. Prank's fallier-ln-law and mother- u- -law, Mr. and Mrs. E. Selig. 68 East Georgia Avenue were sum moned as witnesses at the inquest late Monday afternoon to testify as to Frank's whereabouts on the night of the slaying and the following morning. Orders for their appearance were i issued by Coroner Donehoo just be- Rcpresen- f or ,. the inquest was resumed, fol lowing a short conference with Chief Lanford. REVIVAL SERVICES BEGUN AT WEST END CHRISTIAN Rev John T H ivvkins, evangelist, will speak Monday night in the West End Christian Church on the subject. “Where Is Thy Brother?” A revival which will continue for .several weeks was begun Sunday by Mr. Hawkins. Services will be held al 8 o’clock every evening. Q q Q- pauv 1 Cf 11108. What is vour name? A. Leo M. Frank. Where do you live? A. No. 68 East Georgia Avenue. What connection have you with the National Pencil Com- A. General superntendenl. How long have you been with them. A. Since August, What was your business prior to that time? A. I was abroad buying meahiuery for the National Pencil Company. q, Where did you live before coming to Atlanta? At 152 Underhill Avenue, Brooklyn, N. V. Q. Who were you with then? Immediately prior to coming to Atlanta. I was with the National Meter Company. q. What time did you come to Atlanta? A. [ came to Atlanta a1 once and talked with the men who were getting up h pencil factory. q. What did you do next? A I went back to New York and left New York the first week of November 1907 to go abroad, q. How long did you remain abroad? A. Until August 1908. q. What is your exact business with the National Pencil Com pany? A. Looking after the purchasing of material and the in spection of factory cost. Tells of Actions Saturday Morning, q What time did you yet up Saturday morning, A.vril 26? A. .lust after 7 o'clock. q. Are you married? Yes. q. Have you ever been married before? No. q Who lives with you besides your wife? M.v fat.herin-law and mother-in-law, Mr. and Mrs. Emil Selig. q Have you servants around the place? A. One. q. What is her name? A. Her first name is Minola. She is a colored woman. q What time does she get there? A About 6:30. q Was she there when you got up? A. Yes. q. What time did you leave the house? A. Around 8 o'clock, q. Whom did you see before you left the house? MLy, wila A Y