Atlanta Georgian. (Atlanta, Ga.) 1912-1939, May 27, 1913, Image 5

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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