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tlanta Georgian
Read for Profit—GEORGIAN WART ADS—Use for Results
illlCTMENT
OF BATH LEE
10 FRANK
IS ASKED
————— ">
Great Mass of Evidence Carefully
Prepared by Solicitor Sub
mitted to Grand Jury,
1\
CRIME STUDIED 3 HOURS?
ADJOURNS TILL SATURDAY
Woodward’s Actions Encourage
Law Violations, He Says—Cites
liquor Cases as Proof.
That Mayor Woodward is striking
a blow at justice and crippling the
courts by his remissions of fines and
granting of pardons, was the charge
made by Recorder Nash R. Broyles,
in a statement to a Georgian reporter
Friday morning. The interview was
given out by the Recorder following
a series of pardons issued by the
Mayor, in cases which had been sus
tained by the Court of Appeals.
“The action of the Mayor in these
matters is a serious blow to justice,”
declared Judge Broyles. “We can not
enforce the law against blind tigers
when, after they have fought their
cases through all of the cohrts and
lost, the Mayor presents them with a
pardon or reduces the amount of their
fines. The sentences in these blind
itger cases acre justified by the facts,
and the higher courts have sustained
ithem.
Says He Cripples Courts.
;' “Such a course as the Mayor is
following is crippling the courts in
the efforts to enforce the laws, and if
we expect to enforce the liquor laws
in Atlanta and break up the blind
tiger cases were justified by the facts
hampered, and the sentences of the
court should be allowed to be carried
out without interference.
“This interference and leniency not
only cripples the court, but encour
ages the unlawful ones to further
violate the law. Mayor Woodward
has acted on many of these cases
and granted pardons and reductions
in fines without even consulting me.
“In but one instance has he talked
with me regarding a case. That was
several weeks ago—the day the Court
of Appeals sustained my decision in
the Griff Freeman case. Mayor
Woodward called me over the tele
phone and told me the attorneys for
Freeman had requested him to grant
a pardon. I told the Mayor that
Freeman was one of the most noted
blind tiger operators we had to deal
with, and urged him not to interfere
with the sentence.
Granted Freeman Pardon.
“The Mayor’said: ‘Well, this is 'a
case that came up before I went into
office, anyway, so 1 will tell the at
torneys T can not do anything in the
matter. - Despite this, however. Mayor
Woodward has granted a pardon of
./the 30-day sentence imposed on Free
man and reduced his fine from $500
to $250.
“Such interference with the court’s
work has assumed a serious stage,
and unless it ceases the cause of jus
tice will be dealt a blow from which
it will require a long time to recover."
, J Case Which Brought Protest.
Griff Freeman was arrested in Sep
tember, 1911, for operating a blind
tiger. He has been arrested several
other times on a similar charge, but
it is this case w hich drew forth Judge
Broyles' remarks. Freeman is char
acterized by Broyles as being “one of
the most notorious blind tiger opera
tors in Atlanta." and a sentence of
30 days in adition to a $500 fine was
imposed upon him. The case was ap
pealed and the Court of Appeals sus
tained Broyles' decision.
Thursday, the police tvere instructed
to arrest Freeman and have him be
gin his sentence. A short while after
the arrest, Mayor Woodward in
structed the police not to send Free
man to the stockade until he had time
to consider his application for a par
don. Later, the Mayor remitted the
30-day sentence, and reduced the fine
to $250, which Freeman paid.
Dr. W. D. Roper, a druggist at Pry
or and Wall Streets, was convicted
of naving liquor in his store for sale,
and fined $500 or 30 days. He was
also convicted on a charge of selling
cocaine, which case is sfill pending
on appeal. Two months ago the Court
of Appeals handed down a decree sus
taining Broyles' sentence in the liquor
case.
t Judge Broyles charges the' Mayo*
Continued on Page 4, Column 5.
CITY SI1CS TO LAWYERS AGAINST
REOPEN BUSINESS NEWCONSTITUTIDN
Capital Stock Will Be Doubled
and New Location Sought by
Bank That Failed.
Appointment of a receiver for the
City Savings Bank is merely a pre
liminary to complete reorganization,
doubling the capital stock and re
opening for business in a different lo
cation, it was announced Friday.
Application for a new charter is
expected Saturday. A large number
of the old stockholders, and some new
stockholders whose names will add
prestige to the bank, will take the
stock.
The City Savings Bank closed
March 31, after a two-days run. It is
solvent, but funds were Invested in
long-time notes, upon which it was
impossible to realize on short notice
The State Treasurer, who took over
the assets, announced that the direc
tors /Could sell, reorganize or go into a
voluntary receivership. Efforts % ere
made to sell, but the terms offered did
not suit some of the stockholders.
Reorganization then was* arranged,
but before a charter could be secured
the time limit during which the
Treasurer could hold the assets ex
pired and a friendly receiver was
named to take charge until the new
bank could get ready for business.
Gibson Again Tried
As Countess' Slayer
NEWBURGH, N. Y. May 23.—The
second trial of Burton W. Gibson, the
New York lawyer charged with the
murder of Countess Rosa Menschik
Szabo, in order to secure her estate,
was begun here to-day. Gibson was
in the court room when death sen
tence was imposed upon a slayer,
but showed no emotion.
"I am a lawyer and believe the law
should be upheld," he said. “I believe
in capital punishment."
Mrs. Gibson, dressed in black and
wearing a big black picture hat, sat
opposite her husband and frequently
whispered words of cheer across to
him.
Liquor Saves Man
Poisoned Like Banker
SIOUX CITY, IOWA. May 23
Robert Palmer, who swallowed two
bichloride of mercury tablets Wed
nesday night, was believed to be en
tirely out of danger to-day and his
physicians said they believed he
would recover.
He swallowed enough poison, they
said, to kill six persons, but on ac
count of the liquor he had been drink
ing. the poison did not affect him.
Civil Service Board
Members to Retire
WASHINGTON. May 23.—It was
announced at the White House that
President Wilson has accepted the
resignation of General John C. Black,
of Illinois, as chairman, and William
Washburn, of New York, as a mem
ber of the United States Civil Service
Commission.
Prevalent Spirit of Unrest Ren
ders Undertaking Dangerous
Now, Says Committee.
When the Georgia Bar Association
meets at Warm Springs next week the
Committee on Jurisprudence, bw
Reform and Procedure will report ad
versely on the proposition of calling a
constitutional convention, as is being
urged by Representative Grover Ed
mondson and other legislators.
Alex W. Smith, chairman, of Atlan
ta, has drafted the report, and a part
of it rwida as follows:
"This committee considers it ex
ceedingly unwise to call a constitu
tional convention at this time. The
prevalent spirit of unrest, in matters
legal, political, social and financial,
renders the time inauspicious to re
lax. in the slightest, the bulwarks of
our constitutional protection, much
less throw down the bars to an en
tirely ne£v revision.”
Memphis Sets Pace
For Speedy Divorces
MEMPHIS, TENN.. May 23.—A new
record in court procedure was estab
lished here to-day when Chancellor
Fentress granted a divorce to Mrs
Mollie Toohey, wife of J. M. Toohey,
a Memphis millionaire, within two
hours after the petition was filed.
An attorney representing Mrs.
Toohey filed papers beginning the suit
for divorce at 8 o’clock this morning.
One hour later an attorney represent
ing Toohey filed an answer. A few
minutes before 10 o’clock the court
had granted the decree.
Thaw Case Briber
Given 2-Year Term
NEW YORK. May 23.—John N. An-
hut, the young New York lawyer con
victed of bribery in connection with
a plot to free Harry K. Thaw from
Matteawan la-sane Asylum, to-day
was sentenced to not less than two
years nor more than four years in
prison.
Justice Seabury, in the criminal
branch of the Supreme Court, passed
sentence.
Synod Appreciates
Atlanta Hospitality
Tim forty commissioners who at
tended the Assembly of the Associ
ate Reformed Presbyterian Synod
adopted this resolution just before
adjourning:
■Resolved. That we express our
cordial appreciation of the Christian
kindness and hospitality of the peo
ple of Atlanta."
CHINESE ATTACK LOAN PACT.
PEKIN, CHINA, May 23.—Anhwei,
Kiangsi, Hunan and Kwang Tung
Provinces have assumed a hostile at
titude toward President Yuan Shih
Kai. alleging that the signing of the
five-power loan of $125,000,000 was
unconstitutional. /
morning by Solicitor Dorsey.
A host of witnesses gave their tes
timony. The torn and blood-stained
clothing of the slain girl also was
turned over to the Grand Jury for
inspection.
The Grand Jury studied carefully
an elaborate diagram drawn by Bert
Green, one of The Georgian's staT
artists, and setting forth in black and
white the prosecutor's theory of how
the murder was probably committed.
Intense interest was displayed in the
drawing.
After being in session for nearly
three hours, the Grand Jury adjourned
until to-morrow morning at 10 o'clock,
when the Phagan case will be taken
up once more.
Woman Gives New Testimony.
Whether the sensational testimony
of Mrs. Mima Famby, 400 Piedmont
Avenue—or Nina Fomby, as the wom
an says her name is—will be intro
duced at the Grand Jury probe, is a
matter of doubt. Mrs. Fomby’s af
fidavit declaring that on the evening
of the murder Frank called the affiant
on the telephone and in an excited
voice asked her to arrange a room
for himself and a girl whose name
he would not disclose, is in the hands
of the Solicitor General.
Important as is the bearing which
the alleged telephone conversation ap
pears to have on the mystery of Mary
Phagan’s death, doubts are already
being expressed as to the part it will
be permited to play in the present
hearing or any to come, owing to the
chary wording of the law on such evi
dence
It is suposed. however, that if Mrs.
Fomby's affidavit is admitted, an im
mediate attempt to attack her credi
bility will be made by the defense.
Her own story puts the credibility of
her testimony in doubt.
Frank Refused to Talk.
Frank, when interviewed in his cell
at the Tower Friday morning re
garding the telephone conversation
and his dealings with Mrs. Fomby in
general, refused to discuss the ques
tion.
"1 am feeling fine," he said, but
would not discuss the crime at all.
Among the witnesses who went be
fore tbf* Grand Jury were:
Dr. J. W. Hurt, Coroner's physi
cian. who examined the dead girl’s
body the morning after it was found.
T. W. Epps, the newsboy who wait
ed at the corner on the afternoon of
the tragedy for Mary Phagan while
she went to the factory to get her pay
envelope.
Detective a Witness.
Harry Scott, assistant superintend
ent of the local branch of the Pinker
ton detective agency, who has been in
vestigating the mysterious case.
J. N. Starnes, a city detective.
M. D. Darley, Frank’s assistant at
the pencil factory.
L. S. Dobbs, sergeant of police, who
answered Lee’s call to the pencil fac
tory the morning the body was found.
"Boots” Rogers, former county po
liceman. who drove the police to the
factory 1n his automobile in answer to
Lee’s call.
Pat Campbell, city detective.
Bass Rosser, city detective.
Utmost secrecy clothed the Grand
Jury’s investigation. The cracks about
the doors and windows of their room
on the second floor of the Thrower
Building were lined with paper in or
der that no chance conversation or
view of the proceedings might escape.
Great Throng in Corridors.
An immense throng crowded the
corridors of the building and filled the
adjoining rooms.
The witnesses were all bunched into
the ante-room and there kept waiting
while one at a time they entered be-
KEY TO DIAGRAM.
(A) —Machine room where
murder was committed.
(B) —Course by stairs taken to
elevator.
(D) —The elevator shaft.
(E) and (C)—Route taken
with body to cellar.
(F) —Pencil shaving dump.
Cross—Where body was found.
Arrow—Where lock and staple
were pulled from rear door.
(H)—Location of office.
Utmost Care Taken to Insure Se
crecy at the Investigation.
Diagram Studied. f
The Phagan case is now in the pro
cess of investigation by the Fulton
County Grand Jury.
Two bills for indictment of Leo M.
Frank and Newt Lee, for the murder
of Mary Phagan, were presented be
fore that tribunal at its session Friday
FLAGLER BURIED
INST.HUSTINE
Body of Financier Rests Under
Altar of Church—Flags at
Half-Mast.
JACKSONVILLE. FLA.. May 23.—
The funeral of Henry M. Flagler was
held at 3 o'clock this afternoon at the
Memorial Presbyterian Church in St.
Augustine. The body of the dead fin
ancier and railroad magnate was
buried beneath the altar of the
church.
A special train of ten coaches was
required to take the delegation of
Jacksonville people to the funeral.
All of the principal civic organizations
were represented.
All of the flags in this city and at
St. Augustine, as well as down the
East Coast to Key West, are flying
at half-mast to-day in his memory.
Miami Mourns for
Dead Financier.
MIAMI, FLA., May 23.—Union
memorial services were conducted
here this afternoon for Henry M.
Flagler, who made Miami possible.
Public buildings are draped in
mourning, flags are half-mast, all
business houses are closed for the
afternoon and courts have adjourned
in respect to the financier's memory.
Grant Park Chosen
For Sunday Concert
The Sunday afternoon musical con
cert by the Fifth Regiment Band will
be in Grant Park instead of Piedmont
Park, as was announced, Sunday aft
ernoon from 3:30 to 6:30 o’clock.
President J. O. Cochran, of the
Park Board, said he hoped to secure
enough money from Council to have
the music in both parks during the
summer, but that the first concert
was being financed by private par
ties and only sufficient funds were
available for a concert in Grant Park
Venezuela Conceals
Trouble at Capital
NEW YORK. May 23.—Venezuelan
Government officials yesterday with
held a telegram to the correspondent
of the Associated Press at Caracas.
Venezuela, requesting details of the
arrest of many Venezuelans there,
and the reason for the flight of Dr.
Leopoudo Baptista, former Secretary
General to President Gomez, and of
General Juan Pablo Penalosa, from
the Venezuelan capita! to Curacoa,
where they arrived in a small sailing
boat on Wednesday.
Crushed Under Car,
Nerve of Trainman
Alone Stays Death
R. O. Potts, a railroad brakeman.
lies at the point of death at the Elkin-
Goldsmith Infirmary from injuries re
ceived when run over by a 'passenger
train. Though one leg was ampu
tated and he was badly bruised, the
injured man has displayed remark
able nerve.
Potts’ nerve may bring him through
|fln ^accident that usually mean! death.
'His left leg w&e almost completely
severed. His right foot is badly
crushed and it may be necessary to
remove it, too. A large hole in his
head and contusions on his face make
his condition extremely serious.
An engine and two coaches passed
over Potts Thursday night at Mag
nolia Street bridge.
4 Injured in Crush
Of Blind at Shrine
CHICAGO, May 23.—Precautions
were taken to-day to prevent acci
dent in the big crowds of blind, deaf
and crippled pilgrims at the Shrine
of St. Rita, following the crush last
night in which three women fainted
and Miss Anna Richards, of Berwyn.
Ill., was taken home in a serious con
dition.
Stories of blind being made to see
and deaf to hear by kissing a piece of
the shinbone of Saint Rita, which
was brought from Passla and placed
in a shrine here, has attracted thou
sands of pilgrims.
Try to Link Wood
With Dynamite Plot
BOSTON, May 23.—Two checks
and two receipts were introduced to
day by District Attorney Pellitier in
the Wood-Atteaux-Collins trial in an
attempt to conect William M. Wood,
president of the American Woolen
Company, with the Lawrence dyna
mite plant.
The checks were for $505 and for
$2,100, respectively, payable to Frank
E. Atteaux. They were signed by
the treasurer of the American Woolen
Company and approved by Wood.
Labor Heads Denied
Contempt Rehearing
WASHINGTON, May 23.—Motions
for a writ of error and a rehearing
of the contempt case against Samuel
Gompers, John Mitchell and Frank
Morrison, of the American Federation
of Labor, were overruled by the Dis
trict Court of Appeals to-day.
If you havo anything to sell adver
tise m The Sunday American. Lar
gest circulation of any Sunday news
paper in the So.uth.
toe, Vesuvius Again
Active; Earth Shaken
As Big Fissure Opens
LEGISLATIVE POST
NAPLES, May 23.—Vesuvius, dur
ing the night and this morning,
showed renewed signs of activity. One
eruption was accompanied by a slight
earthquake shock.
.A new and large central fissure has
opened round the crater, from which
ashes are emitted. The ashes, how
ever, have not yet gone beyond the
limits of the volcano.
Militant Bomb in
A Carnegie Library
Special Cable to The Atlanta Georgian.
KEIGHLEY, ENGLAND. May 23.—
A suffragette bomb, composed of ex
plosives and nitric acid, was found in
the Carnegie Library here’ to-day.
Although the bomb had an explod
ing mechanism affixed to it, the
mechanism was not set so as to ex
plode the bomb.
CAMBRIDGE, ENG., May 23.—
Miriam Pratt, a militant suffragette,
was remanded without bail to-day on
a charge of setting fire to a residence
in this city on May 17. Miss Pratt is
a school teacher at Norwich.
Millionaire Brewer
Near Death in Crash
MILWAUKEE, WIS.. May 23.—
Henry Uihlein. millionaire president
of the Schlitz Brewing Company, nar
rowly escaped death when the buggy
in which he was riding was rammed
by a street car.
Mr. Uihlein was thrown to the
pavement. His feet became entangled
in the reins and he was dragged se\-
eral feet before the frightened horse
could be caught.
Savannah Editor Thought to Have
Won U. S. Ambassadorship
to Switzerland
Pleasant A. Stovall, editor of The
Savannah Press, Friday resigned as a
member of the House of Representa
tives from Chatham County. His
resignation is interpreted to mean
that he has been notified of his ap
pointment as United States Ambassa
dor to Switzerland, bearing out re
cent reports from Washington.
Mr. Stovall’s letter to Governor
Brown follows:
"I beg leave to hand you herewith
my resignation as a member of the
lower house of the General Assembly
from Chatham County, to which po
sition I was elected last October, the
same to take effect immediately.”
Governor Brown announced he
would call an election in June to name
Mr. Stovall's successor.
THE WEATHER.
Forecast for Atlanta and
Georgia—Showers and some
what cooler Friday; cloudy,
with probably showers Satur
day.
(
Your Friend'
The Market
Basket
Floods Cause Big
Sugar Crop Slump
WASHINGTON, May 23.—The
sugar crop of Louisiana in 1912, ow
ing to spring floods, was the smallest
since 1889, the Department of Agri
culture announces.
Preliminary returns indicate the
output was slightly more than 300.-
000,000 pounds, or about 42 per cent
of the production of 1911.
The Sunday American goes every
where all over the South. If you have
anything to sell The Sunday Amer
ican is "The Market Place of the 1
South." The Sunday American is the I
bef^ ad vertising medium.
For the Saturday
marketing the wor
ried and busy house
wife finds comfort in
iho fact that the Mar
ket Basket will re
lieve her of the vex
ing problem—“What
will I have for Sun
day dinner?” It ap
pears to-dav.
ALWAYS FIRST <$ (0)
The SUNDAY
AMERICAN
Order It NOW— „
Both Phones Main 8000
VOL. XI. NO. 250.
2 CENTS EVERYWHERE r ^°
TO JUSTICE.
THE GEORGIAN ARTIST’S DIAGRAM OF
PENCILFACTORY USED BEFORE GRAND
JURY TO EXPLAIN PHAGAN SLAYING
Recorder Declares His Pardons
and Remissions of Fines Are
Crippling Courts.
ASSERTS CRUSADE AGAINST
B0ND TIGERS IS BLOCKED
S3
OYO
Drawn
Bert
Green
PLAN OE THE BUILDING WHERE TRAGEDY OCCURRED, SHOWN
BY ARTIST WHO STUDIED IT CAREFULLY.