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HOME lEDITION 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.