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J
I M P, AJ JLAA l A UCiUmnAA ',\ u A Hi V.
STATE FACES BIG
USK IN TRIAL
Burden of Proof Will Rest on
Prosecution in the Phagan
Slaying Case.
Continued From Page 1.
hang one man simply because no one
else can be found who Is the more
likely culprit.
After tile State has presented Its
reasons for believing In the guilt of
Frank, It Is regarded as likely that
the defense will claim first of all that
the State has failed to establish
Frank's connection with the crime
beyond a reasonable doubt. The de
fense will represent that the most the
State has done Is to establish that he
had the opportunity to commit the
murder.
Frank never was seen with the girl,
either on the day of the strangling or
before. It Is not known that he ever
spoke to her except In connection with
her work. Nothing was found to
point the finger of accusation directly
at Frank, so far as the public has
been informed. None of Frank's
clothing has been found with bipod
stains upon It. No finger prints upor.
the girl's body or her clothes were
Identified as his. None of his per
sonal belonging were found near the
girl's body. Absolutely nothing was
discovered in Jhe search of the de
tectives that fastened the crime on
him.
Own Admission Caused Arrest.
The police possibly would never
even have known that Frank was
the last person to see Mary Phagan,
so far as Is known, had it not been
for his own free admission. He told
the officers the moment he identified
the body that that was the girl he
paid at noon the day before. No one
else knew that Mary Phagan was in
the building at that time, so far as
the evidence reveals. Frank did not
have to tell If he had desired to con
ceal the fact.
The defense, therefore, will be In a
position to a3K; "Should not this ad
mission, given freely and voluntarily,
be regarded as an indication of inno
cence rather than as an admission of
guilt, as the detectives have consid
ered it up to this time? Is a guilty
man likely, to tell the officers as soon
as he is approached that he saw the
girl and talked with her, when there
Is no need of such an admission?”
If the State attempts to show that
the murder was committed between
12 and 1 o'clock Saturday afternoon,
as one of the theories contends, the
defense will be able to argue that
there were several other people in the
factory at the time, this fact opening
the way to the argument that If the
crime was committed at this time it
need not haye been Frank who did it,
and to another argument that Frank
would have been very unlikely to at
tack the girl when he knew there
were other persons in the factory at
the time who might discover him.
May Prove an Alibi.
Should the State reek to prove, that
the murder was committed in the
evening, as the affidavits obtained
from Mrs. .Mima Fomby indicate may
be done, the defense will be able to
establish a very strong alibi for the
suspected man from the testimony of
seven persons who are said to have
been at Frank's house Saturday even
ing playing a game of cards.
Several of them already have testi
fied before the Coroner's jury, and all
of them are said to be willing to givt
their testimony in court to the effect
that they saw Frank come home that
evening about the time he said in his
statement to the Coroner's jury, and
that he remained home the remainder
of the evening, to the best of their
knowledge.
This will bring it to an issue of
veracity between Mrs. Mima Fomby
and these seven persons, who are
persons of reputation and standing in
the community, if, indeed, the testi
mony of Mrs. Fomby is allowed ad
mission, which appears very doubt
ful.
Mrs. Fomby swore in her affidavit
that Frank called her on the telephone
several times between 6:30 and 10:30
O'clock the Saturday night of the
murder, asking her for permission to
bring a girl to her place. She testi
fied that she denied his request. It
is between these hours that Frank
has a very well established alibi from
all appearances.
Another Motive Possible.
The defense also will be in a posi
tion to suggest that there might have
been another motive for the crime
than the one generally accepted. No
physician has stated positively that
he was certain of any conclusions
from his examination of the body
either immediately after the crime or
at the times the body was exhumed.
Added to this fact is the unex
plained circumstance that the girl's
purse never has been found. It con
tained only the wages she had drawn
that day, to be sure, but even this
small amount might prove an incen
tive to some persons, the defense very
likely will argue. And It is not at
all certain that the robber. If robbery
was the motive, had any idea that the
amount he would obtain would be so
small.
“Is it probable that Frank would
have taken the trouble to hide the
girl's purse when it could not have
incriminated in any way any par
ticular pe rsons had It been lying neat
her body?” is a question that can be
pm to the jurors in this connection.
The defense also will fight against
the introduction of much of the char
acter testimony that was permitted
White City Park Now Open
Minister Nabs 'Tiger'
Then Rides With Him
KANSAS CITY. May 27. Aftor he
had arrested Bert Snyder, driver for
a wholesale liquor company, on a
charge of vlolatinK the prohibition
law, the Rev. J. M. Dunlavy, welfare
officer of Kansas City. Kan., climbed
into Snyder's wagon and accompanied
him as he delivered beer to his vari
ous customers.
The minister remained with the
driver until he made his legal deliv
eries and then took him to the police
station, where the man was released
on bond.
Morgan Firm Denies
Attack on President
WASHINGTON, May 27.—A prompt
repudiation of the anti-administra
tion interview attributed to Henry P.
Davison, of the firm of J. P. Morgan
& Co. in Paris, has been received at
the State Department.
This interview, attacking both Pres
ident Wilson und Secretary of State
Bryan, was cabled to a New York
newspaper some days ago and was
alleged to represent the ultimatum if
Wail Street to the United States Gov
ernment.
U. S, Court Dissolves
Coaster Brake Trust
ROCHESTER, N. Y„ May 27.—A
final decree dissolving the Coaster
Brake Trust was entered in the
United States District Court here to
day.
The decree in tne case was agreed
to by all parties at interest without
court proceedings. There is, thougn,
a criminal case brought under the
Sherman law pending.
[
STORES FABULOUS
Marshall Field Clears $4,643,-
197 in Year; Sears, Roebuck
& Co., $6,099,794,
Carolina. Desperado For Sale Only in Rich’s Economy Basement.
Slain Near Sylvania
CHICAGO, May 27 The Illinois
Senate white slave committee to-day
was Jn possession of information
which the members of the committee
regarded as valuable in pr< sentlng
their plea for a minimum law for
women and girls to the Legislature
The committer hat! figures on the
profits of several large corporations.
Maxwell Edgar, an attorney, who
obtained ihe duta while preparing
“tax-dodging” suits, reported that
Marshall Field & < ’o.’s net profits In
1909 were $4,*'43,197.98, and in 1910,
$4,419,427.81. Sears*, Roebuck & Co.
he testified, earned net profits of $6,-
099,794.61 in 1909 and $6,606,291.47 in
1910. The net profits of Armour &
Co. in 1909 were $-1,368,488.93. and in
1910. $3,865,266.95. The Illinois Steel
Company s net profits in 1909 were
$11,165,839.22.
The capital stock of Marshall Field
& Co. is $6,000,000.
If you have anything to sell adver
tise in The Sunday American. Lar
gest circulation of any Sunday news
paper in the South.
AUGUSTA. GA„ May 27.—Richard
Henry Austin, murderer of three while
men at Allendale, S. C., several weeks
, ago. was killed Monday night near
Sylvania. The negro was trying to.
| cross an open apace to get to a swamp
I when he was fired upon by a score of
| men.
Austin had only two shells left and
they were lortded with buckshot. They
were identified as shells taken from
Magistrate Kdenfleld, when Austin
killed him In Hampton County.
Scotch Flyer 271st
Victim of Aviation
Special Caole to The Atlanta Georgian.
MONTROSE, SCOTLAND. May 27.
Lieutenant Arthur, an aviator In the
air corps of the British aymy. was
I killed here to-day by the collapse of
his machine, while making a flight
! over the military parade ground.
He was the 271 st victim of avia
tion.
.CRAWLS THROUGH LONG PIPE.
COLUMBUS. IND., May 27.
Thomas Hardin crawled through 630
feet of 20-inch water pipe, leading
from the water works to the new fll- I
ter building seeking obstructions in
the main. When he emerged the skin
was worn from each of his elbows.
Prisoners Shown
Favors, Says Judge
SAVANNAH, GA„ .May 27.—Re
corder John E. Schwarz, in police
court, to-day announced that he had
notified Judge Walter G. Charlton. _>f
Superior Courts and the Chatham
County Commissioners that officers at
the county jail were showing favorit
ism to prisoners sentenced from Po
lice Court.
The jail authorities decline to dis
cuss the allegations of the Recorder.
to go before the Coroner’s jury.
Frank’s attorneys will attack the
identification of Frank made by Of
ficer House, of Druid Hills Park, on
the grounds of its utter improbabil
ity.
Will Attack Officer,
They will question the ability of
House to identify a man he has seen
only once and after a lapse of two
years. They will attack the proba
bilities of a man of Frank’s standing
permitting himself to be seen in com
pany with a girl in short skirts.
They will question the probability
of his admitting his identity to the
officer and saying. “I am Leo Frank
superintendent of the National Pen
cil Factory.” when his main concern
naturally would have been to keep
his identity secret. Probabilities are
bound to play a large part in th* 1
trial, declare those interested, in the
mystery, for it is very much on a se
quence.of probabilities that the police
are basing their expectations of con
victing Frank.
Even should the State be able to
prove beyond a doubt that it was
Frank whom the park guard discov
ered in company with a young gir!
two years ago, the defense will still i
be able to say that this fact no more !
connects Frank with the murder than
it does hundreds of other persons.
The announcement of the detectives
themselves that they do not place im
plicit confidence in the so-called con
fession of the negro. James Conley,
makes it unlikely that the trial wRl
have anything to do with his state
ment that he wrote notes at the dic
tation of Frank the day before the
murder.
Sentell May Yet Be Witness.
Laying aside the possibility of a
premeditated murder, which no one
had even suggested up to the time
of the negro’s alleged confession, the
friend* of Frank, and those who are
without personal interest as well,
scouted the idea that Frank, who is
an intelligent and shrewd man. would
take an ignorant negro into his con
fidence and do everything but tell him
that he was going to. commit a mur
der on the next day.
It is rumored that E. I,. Sentell may
yet figure in the case again. Sentell
is the man who declared positively
before the Coroner's jury that he saw
Mary Phagan shortly before mid
night the night of the murder. Sen
tell knew Mary Phagan from infancy.
He said that he could not be mis
taken in her identification. He tes
tified that he met her on the street in
company with some man and that
he said. “Hello, Mary,” and that she
replied. “Hello, Ed.”
This testimony would appear quite
conclusive were it not for the state
ments of the physicians that the girl
must have been dead at least six
hours when found. It is known, how
ever, that some confidence is still be
ing placed In his statements.
TVD fVDQTT TREATED. Quick relief,
1 ■UJTwVJiQ & swelling, short, breath
I soon removed, often entire relief in 15to J
25 days. Trial treatment §ent FREE.
| Write Dr. 11. h. Greens Sons. BoxO, Atlanta, Ga.
Woman
Is interested and should
know about the wonderful
Whirling Spray
Douche
Ask yourdragglst for
It. If he cannot sup
ply the MARVEL,
accept no other, but r$y
send stamp for book.
Hamel Co., 44 E. 23d St.. N. T.
PEACHTREE
CITY TICKET OFFICE
EITHER PHONE
the attractive way NORTH & WEST
£
mm
Challenge Competition
To Gave Equal Bargains
Challenge Sale of Hosiery
Wednesday, May 28, lo Sal., May 31 %
A week Of Prices that |;
Point out Big Savings %
OOp for Ladles' 50c boot silk
stockings. Pure thread
silk witii lisle feet and tops. Full
fashioned. High spliced silk heel.
Tan. pink, yellow, brown, grey,
black and white.
6 1-* for ladies’ UK* black
gauze cotton hose with
double heel and toe. Fust,black.
1 for children’s 15c black
* or tan fine ribbed stock
ings. Sizes to 0.
1 Ap for children’s 15c plain
^ and fancy plait! sor bs.
Including the popular black and
white shepherd cheek tops.
1 for children’s 25c
* Black (’at stockings.
Slight “seconds.” Black, white,
pink, blue or tan. 5 to IM^.
1 A« for women’s 19c gauze
^ stockings, summer or
medium weight. Tan or black
with double heel and toe and
deep garter tops. All sizes 8 to
10.
Silk & Silk Lisle Stockings 19c
Pure thread boot silk stockings in black only, and silk lisle
and gauze lisle stockings in blue, brown, tan. lavender,
white and black. All have double sole and high spih-ed
heel. For misses and women. Sizes 8 to 10. Choice 19c.
10-yd.Bolt Longcloth at 86c
A very fine quality of longcloth that we feature under
our own name regular at -+1 a holt and it'a worth more. Full
yard wide, chamois finish, 10 yards to holt. In the Clearance
Sale for 86c.
10c fine Sea Island brown domestic, 36 in., 7y 2 c.
7c Sea Island brown domestic, 10 io 20 yard lengths. 6c.
12Vec standard makes of bleached muslin, such as Hill s.
Fruit of the Loom, Lonsdale, etc., at 10c.
30c Unbleached Sheeting 25c
Heavy weight 10-4 brown bleached sheetings, free from
flaws or specks. .Just 15 pieces to sell at 25c.
Ladies’Hemstitched Initial 1
Soft Lawn Handkerchiefs, each ^
4Uo full plump weight brooms, 5-string OO
tied, wire-wrapped handle
Challenge Sale Bedding,
Sheets, Pillow Cases, etc.
^5 Shaker Flannel 4 3-4c
27-inch white or cream shaker
flannel, fleeced on both sides.
7c quality.
25c Flannel 16c
White tluimel with cotton warp
and wool tilling. For all kinds
of baby’s wear.
Challenge Sale of Linens
dj* I OQ for $1.75 all pure linen table cloth, 54x72 in. Hem
stitched, silver* bleached. Also mercerized snow
white damask cloths, 58x75 in., hemstitched.
49c for tt9<- all pure linen
heavy bleached table
damask, tki in.
OQ- for 50c Union linen
Scotch and German t«
bl£ damask. 58 in.
OC. for :;!)<• mercerized ta
ble damask. Permanent
finish. Heavy weight. 58 in.
19c
for 29c
damask,
four patterns.
heavy cotton
Choice of
50c
tre.
Similar reductions on Nap
kins.
for 69c mercerized ta
ble damask. High Ins-
Snow white. 72 in.
fof 50c Sterling
sheets, made with
seam center. Wide hem, shrunk
finish. 72x90.
C Ap for 65c Priority Sheets,
extra fine sheeting, wide
hem. 76x90 inches.
k
for
sheet
rOc Armorsldo
welded seam
CO
sneers, weiuen seam
center. Wide hem, shrunk finish.
70x1)0 inches.
12 ] /2C pillow cases, full size, 45x36 in., 10c.
15c pillow cases, wide hem, 42x36 in., 12y 2 c.
22c pillow cases, hemstitched, 45x36 in.. 17c.
18c pillow cases, soft finish, 45x36 in., 16c.
7C * for x9c crochet Bed
4 Spreads he mined,
laundered ready for use. 70x78
inches.
$2.25
hemmed,
inches.
for $2 extra size
satin bed spreads,
laundered. 88x146
crochet lied spreads.
$1.20 Doz. Towels for 89c
These are the famous No. 163 Cannon Mills towels, which ret a il
at many of the best stores on the street for 10c each. They are
soft and absorbent; a firm huok weave: neatly finished with red
border. Large size. 16x36 inches. As long as 300 dozen las), (lie
Challenge Sale price wilf be 89c
12 soft bird’s-eye 5c hand towels, hemmed. 15x36 in., 39c.
19c all pure linen buck toweis. 16x30 in.. 12'/2C.
12‘,4c union linen huck towels, 16x24 in., 10c.
1 Q for 25c Towels—fine weave huck in alldluen or union
1 *7C linen. Ail white or white with red or blue borders. 18x36
in. and 20x38 in.
I2y 2 c all white pure linene toweling, 18 In., 10c.
t2*4c all linen heavy brown toweling, 18 in., 10c.
15c linen toweling, for face or roller toweis. 12'/ 2 o-
10c linen glass toweling, plaids or checks. 8‘/2C.
15c heavy linen glass toweling, assorted plaids, 12'/ 2 c.
I C r for 18c toweling—extra heavy weight Scotch linen towel-
1 jng with fancy red border. Splendid quality tor roller or
hand towels.
3,000 Fine Absorbent Turkish Wash Rags
in the Challenge Sale, each at
1
A Good Time to Buy Turkish Towels
Big' thirsty fellows that, will absorb water like a sponge. Firm,
heavy nap, soft and absorbent.
Hemmed or fringed Turkish towels, !Sx36 In.. 10c.
20c Turkish towels, 21x39; 18x40 in., choice 15c.
25c extra heavy Turkish towels, 22x45 in., at 19c.
Challenge Sale of Wash Goods
7p for 10c yard wide, plain
4 chambrays, in solid col
or; blues, pinks or greys. Mill
lengths. 10 to 20 yards. Fast col
ors.
1 Ap for 15c Motor cloth
1v/C suitings, linen finish,
yard wide. Solid color navy,
light blue. tan. brown, pink, lav
ender, Ughi or dark green, rose.
I for 15c solid coloi
A crepe in pink, blue, red,
navy and lavender. 28 inch.
25c
for 35c to 50c silk shan
tungs, solid black and
colors in self color stripes. Also
35c mercerized linen suitings in
pink, light blue, Copenhagen,
black, tan, white, lavender. Also
the smart new Bulgarian taffeta
(cotton foulard) in light and
dark grounds.
1 for 2">o solid color voiles
1 \j\* in black, white, tan,
pink, lavender, cream and yel
low. 36 and *15 inches wide.
12 1 -2c Standard Percales 7 l-2c
Full count standard Percales finished soft for the needle.
All (he patterns. Light and dark colors. Mill lengths
of 10 to 20 yards.
for Sc and 10c. dress gin;;
3C hams in fancy- patterns
and nurses’ seersucker stripes.
"I for 25c ratines. Solid
1 wC colors, only waist size
remnants.
C_ for 10c fancy dress ba-
ijstes in floral patterns
for kimonos, dresses, etc. 31 in.
1 C - for 25c white pique, as-
Jv sorted size wells. Mill
lengths of 3 to 5 yards.
15c to 25: White Goods 10c
A great assortment of 36-inch madras, dainty stripes and
checks, fancy lace and
French lawn and 30-inch
1 Cp for 25c solid color rip-
A pelette and crepes in
Persian pat-
solid colors and
terns.
Leno stripes; plain 45-inch
Persian lawns.
Ag+ for 8c white goods in neat
l,acey check designs. Pret-.
ty tor waists, dresses, sash cur
tains. etc.
Ladies’ 50c Union Suits
39c and 50c union suits, line Jer ^ p*
sey ribbed, regular and out sizes,
knee length, lace trimmed
39c Mesh Pants 19c
Women’s soft, cool knit mesh pants, knee
length, lace trimmed.
Women’s 10c Vests 6c
Sleeveless and neckless fine ribbed vests,
tape trimmed. All sizes.
Sale of 39c
Silk Ties
25c, 39c and 50c « g-w .
ties in this lot. I /(*
All pure silk * “
four-in-hand style; club
and dress styles: white
and solid colors and
fancy.
Save on Notions
Black and white Darning Cotton, doz. 10c.
Paper of Steel Pins, dozen 10c.
Safety Pins, small sizes, dozen 10c.
10 dozen Bone Buttons for 15c.
5c Crochet Baby Bibs, each ic.
Basting thread, all numbers, dozen 10c.
Spool Silk, 100 yards to spool, 3c.
5c Cabinet assorted hair pins 3c.
5c English Steel Pins, 560 count, 3c.
5c Featherstftched Braids, 2 for 5c.
6c Machine Cotton Tread, white and black,
numbers. 3c.
5 large All-Over Silk Hair Nets for 10c.
5:
£
5c to 7c Laces & Insertions I:
Laces and insertions in widths */•> to 2 inches, also 4
remnants of embroidery edges and insertions. I
Choice the yard, la. ^
Ch sai l eof e Household Goods
1 A Large Oakes Rich’s Fconotm Laundry or
Soap. Standard 5c- nine-oz. bars for
3 cans of 5c Spotless Cleanser, 10c.
6 cakes of Ivory Soap for 25c.
3 cakes of Sweetheart Soap for 10c.
15c can of Chloride of Lime for 10c.
15c can of pure Potash, or Lye, for 10c.
10c can of Old Dutch Cleanser, 2 for 15c.
6 cakes of Feta-Naptha for 25c.
3 large rolls of Waldorf Toilet, Paper for 25c.
6 small rolls of Waldorf Toilet Paper for 25c.
3 Blue Jay White Crepe Toilet Paper, 3 for 25c.
’l r } X r. for fide hemstitched
# 4i2v sheets, heavy weight
sheeting, torn, not cut. 81x90
inches.
CQ - for 73c heavy sheets.
Seamless, linen finish.
Deep 3-inch hem. 81x90 Inches.
*1 tZLf. for 90o <’. T. X. extra
• heavy sheeting. Shrunk
finish. Wide hem. 90x1)0 inches.
for $1.23 hemmed and
‘-‘■A- laundered heavyweight
Double bed
V
<C 1 QO for .f2.'2o Mar
*P seilles bed spread
with scalloped and cut corners.
80x99.
All
5^*. For Sale Only in Rich’s Economy Basement. ■ViViftViffiWW.W.PMWf