Newspaper Page Text
South Georgia
E
Prosecution, in Evidence Made
Public, Has Not Directly Con
nected Him With Slaying.
What will be the defense of Leo M.
Frank when he Is called upon next
month to answer to the charge of
strangling little Mary Phagan?
With the confident announcement
of Ihe police Monday that they had
oompleted a case against the factory
superintendent that was as conclu
sive as it possibly could be without
the testimony of actual eyewitnessth
of the crime, this question naturally
% | being asked to-day ny everyone
whp haa any interest in the mystery,i
and that means practically every per
son in Atlanta.
The people will not get their answer
from Luther Z. Rosser, the close-
lipped and able attorney of Frank, un
til the trial actually begins. But even
k ttd this early date, when only the
I vaguest of hints have been given is
[ to the course that will be followed !n
I the battle to free Frank from all sus-
| picion, it is patent that there are
many openings offered the defense for
i attacks upon the theories of the State.
Burden of Proof on State.
Those who are close to the daily
developments in Atlanta's baffling
murder mystery and who venture to
predict the line of defense that will
be offered are bearing in mind that,
in the first place, the great burden of
proof Is upon the prosecution and not
upon the defense.
It is absolutely necessary, due to
the protection with which the law
has hedged under suspicion of crime,
that the State in some manner, by
some piece of evidence, connect
Frank directly with the crime or es
tablish his connection beyond a rea-
sonable doubt.
Until the State is able to do this.
Luther Z. Rosser may rest on his
oars if he so desires. Leo Frank is
innocent this moment in the eyes of
the law. His innocence does not need
to be proved. It is presumed.
| It immediately becomes a question,
F therefore, as to whether the State
i really has made out a case against
Frank, bo far as can be judged from
the evidence in the hands of the pub
is-. l^ave the detectives by any of
■ tl\eir discoveries connected Frank di
rectly with the crime? Have they as
sembled such a chain of circumstan
tial incidents as to make his guilt
appear certain beyond a reasonable
doubt?
Frank’s Friends Deny Connection.
Those interested in the defense of
Prank answer both questions em-
hhatioally in the negative. Not one
thing has been found, they declare,
that connects Frank directly with the
mysterious strangling. Nor do they
regard the circumstantial evidence se
riously. '
The law will not permit Frank c
conviction for the crime merely be
cause the detectives have discovered
tnat he had the opportunity. It will
not permit his conviction, if no con
vincing evidence is found against him,
merely because he is unable to put his
hands on another man and say, 'This
is the man you want. He is the
guilty person.”
It is not the intention of the law to
hang one man simply because no one
else can he found who is the more
likely culprit.
After the 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-
vein 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 nf the strangling or
tiefore. It is not known that he ever
Continued on Page 2, Column 4.
47 Tried for Gaming;
3 Held by Recorder
What Recorder Pro Tem Preston
termed the “record trial since this
court was organized” was held Mon
day afternoon when the 47 men ar
rested in a raid on the Continental
Club faced him. They were charged
with gambling.
Evidence was found against three—
Ira Soubliss. George Jaffas and Char
lie Truffa—who were held under $200
bond. The proprietor. Jim Poulos,
was held under $">.000 bond on charges
of running a disorderly house, gam
bling house, tippling house and keep
ing open on Sunday. The place was
ordered closed.
The majority of the men arrested
were Greek's.
Virginians Claim
‘Light Horse’ Lee
ROANOKE, VA„ May 27.—A com
mittee of the Virginia Legislature is
on its way to Georgia to-day for the
purpose of bringing t o his native
State the remains of Henry Lee, bet
ter known as "Light Horse Harry
Lee,” the father of General Robert E
Lee,
General Lee died at Savannah on
his return journey from Cuba, where
he had been on account of his health.
H,- was buried on Cumberland Island,
near that city, and his grave has
since been cared for by the Georgia
Chapter of the Daughters of the
American Revolution.
Swallows Poison as
Walker Did; Saved
ORLANDO, FLA.. May 27.—That
bichloride of mercury is not always
fatal way demonstrated here when S.
Walters) Howe, cashier of the State
National Bank, swallowed a tablet,
mistaking it for a headache dose.
As the tablet passed down his throat
it contracted the muscles so violently
that he discovered his mistake and
hurried to the city physician, who a;
once used the stomach pump and gave
antidotes. Howe has experienced no
harm.
Page Angered by
Court Dress Query
LONDON, May 27.—Walter H.
Page, the United States Ambassador
to Great Britain, had no sooner reach
ed London than he was asked by
some English reporters concerning a
report that he would refuse to wear
knee breeches at Court. His answer
was terse and pointed:
“Why do you ask me such a ques
tion? You surely don’t want me to
think that the imagination of a fool
across the ocean begets more fools in
London?”
$6,000,000 Mission
Fund Baptist Plan
• . . ■
DETROIT. MICH., May 27.—The
fifth annual report of the general ap
portionment committee, which includ
ed a recommendation that the con
vention make the raising of $6,000,000
for missions annually the ultimate
objective, was presented to the North
ern Baptist Convention in session
here.
The recommendation was approved.
Governor on Guard
On Wall of Prison
PHOENIX, ARIZ., May 27.—Aimed
with rifle and revolver as regula
tions require, Governor George W. P.
Hunt mounted guard on the peniten
tiary wall at Florence for two hours
yesterday.
The convicts and their regular
guards were enjoying a concert by
vaudeville performer in the prism
mess hall.
Kahn Urges Plan to
Strengthen Army
WASHINGTON, May 27.—An army
reserve created by one-year enlist
ments is advocated by Congressman
Julius Kahn, of California, who de
clared to-day he believed Japan’s pug
nacious attitude was due to the
knowledge that few American men
have even the rudiments of military
training.
Kahn advocates an enlistment of
one year of active service and three
years in the reserve.
GAMBLER’S
PLOT, SAYS
L
IN DEFY
Detective Chief Accuses “Ring”
of Trying to Fix Charge of
Bribery Against Him.
Chief of Detectives Newport A.
Lanford gave out a sensational state
ment Tuesday morning in which he
charged that the efforts to fix accusa
tions* of bribery and malfeasance upon
him were inspired by a “gambling
ring.” of which C. C. Jones was the
head.
The cause of the fight against Lan
ford had been something of a mys
tery. Beavers readily explained the
efforts to dispossess him from the of
fice of Chief of Police by his war on
vice in the city of Atlanta. Lanford’s
explanation reveals another angle of
the crusade against a wide-open town
“The gambling ring has been after
me ever since I was made head of the
detective department ten years ago,”
said Chief Lanford. “No more had I
declared relentless warfare upon all
forms of gambling in the city than I
was notified that the gambling inter
ests were out to get’ me. Several
times it was reported to me that I
had been marked for an attack, and
once the gamblers succeeded in carry
ing out heir threats.
“That was five years ago. I was
reduced from sergeant, which was th•*
designation of the head of the depart
ment then, to service in the ranks.
The gamblers were responsible for it.
They gloated for nine months. Then
I was raised to my former position
again, with the title of chief. Since
then I have continued my campaign
against them.
“They have.been very bitter. They
have threatened me time and again.
Now they have brought these charges
against me.”
Fears for Safety
Of Missing Husband
Out at Blackwells a wistful little
woman and her two babies are long
ing for the return of husband and fa
ther, who disappeared April 17. C. B
Allen is the man. and the fact that he
loved his family so well causes the
saddened wife to believe he has met
with foul play.
Mrf. Allen is heart-broken over her
husband’s disappearance. She lias
requested the newspapers to aid in
the search.
“Please make a note of this in the
papers,” is Mrs. Allen's request. “Per
haps he will see it and know that his
wife is heart-broken, and let her and
his babies know where he is.”
Eiaenfeldt Case Is
Postponed 30 Days
The case against Mrs. Julia Eisen-
feldt, proprietor of the Walton Inn.
arrested following the complaint of a
man that he had been robbed of a
small sum of money in her house,
was continued for 30 days, the man
making the complaint being too ill to
appear in court Monday.
Mrs. Eisenfeldt is the woman ac
cused by E. O. Miles of paying money
for police protection. Mrs. Eisenfeldt
denies the accusation.
CRAWLS THROUGH LONG PIPE.
COLUMBUS, INI')., May 27.—
Thomas Hardin crawled through 630
feel of 20-inch water pipe, leading
from the water works to the new fil
ter building seeking obstructions in
the main. When he emerged the skin
was worn from each of his elbows.
Women Can’t Ride Astride in U. C. V. Parade
+•*!• *!••+ +•+ +•*!• +•+ *!••*!* •!•••!•
Edict Arouses Fair Equestriennes at the Reunion
Veterans Cheer U. S. Regulars in
First of Street Marches
at Chattanooga.
CHATTANOOGA. TENN., May 27. i
Confederate vetearns, sponsors, maids
and visitors to the annual Confederate
reunion are exercised to-day over
whether women shall ride astride in
the reunion parades. General J. P.
Hickman’s order that only side sad
dles for women shall be permitted has
caused the stir, and this promises to
become an issue overshadowing the
real business of the convention of
veterans.
General Hickman, commander of
E. Maddox,
of
37 Richardson
Street,
one of the
Atlanta
veterans
off for the
reunion at
Chattanooga.
Georgia Hardware
Men Here Wednesday
More than a hundred hardware
men are looked for in Atlanta Tues
day and Wednesday for the annual
convention of the Georgia Retail
Hardware Men's Association.
Sessions will be held at the Audi
torium, beginning Wednesday morn
ing and will continue through Thurs
day and Friday. Several of the
largest hardware manufacturers of
the State will have exhibits.
Officers of the association are.
President, T. G. Greene, Eatonton.
first vice president. J. R. Hall, Moul
trie: second vice president, J. E.
Sapp, Albany; secretary and treas
urer, J. L. Moore. Madison.
Liners Crippled in
Crash Reach Port
Special Cable to The Atlanta Georgian.
CORUNNA. SPAIN. May 27. With
her bow plates broken, a big hole in
the port side and her hold full of
water the steamer Taitus, which col
lided with the British ship Inca yes
terday, arrived in port here to-day.
VIGO. SPAIN, May 27. The British
passenger liner Inca, which was in
collision off the Spanish Coast with
the Taitus yesterday, arrived in port
here to-day with her bows stove in
and her forepeak full of water.
I. R. S READY TO
Would Tax Movies
For French Defense
Special Cable to The Atlanta Georgian.
PARIS. May 27. M. Dumont, Min
ister of Finance, has proposed to the
budget committee of the Chamber of
Deputies that the moving picture
shows be taxed to help pay for the
increased national defenses.
He said he expected that $1,000,000
coukj|;be raised in this way.
Charges Attempt
To Blind Him; Sues
Asserting that W. M. Henry tried
to put his eyes out with an umbrella.
O. M. Sutton has filed suit in the
Superior Court against Henry for
$2,500 damages.
Sutton allegestthat Henry showered
blows on him with the umbrella;
jabbed the end of the umbrella into
the back of his neck, into his stomach
and against his back; threw him into
a corner; beat him and then dragged
him out and tried to poke the um
brella point into his eyes.
Scott’s Body to Remain Near Pole.
LONDON, May 2 7.— No effort is Jo
be made to disturb the body of Cap
tain Robert F. Scott, nor those of the
heroes who died with him while re
turning from the expedition to the
South Pole Lord Curzon made this
announcement at a meeting of the
.Royal Geographical Society.
the Tennessee division. Is grand mar
shal of the veterans' parade. Although
he issued his order last week that
women should not ride astride, it was
not tintil the visitors had begun to
gather yesterday and to-day that rea’
opposition to it became pronounced.
This* opposition comes largely from
sponsors and maids who had planned
to don divided skirts or riding trous
ers and sit on their steeds like men.
and Sons of Veterans chosen as their
escorts.
Order W'll Stand.
But for every opposing voice there
is one commending General Hick
man’s decree, the approval coming
from veterans and their wives and
some of *he younger generation who
do not approve of the present-day
style. To-day the indications are
that General Hickmans order will
stand and that in the veterans’ parade
at least side saddles alone will be
permitted on women's mounts.
The first of the reunion parade®
took place this ;«J,> ning at 9 a clock,
wheln the Eleventh United State?
Cavalry, stationed at Fort Oglethorpe,
on the edge of the Chlckamauga bat
tlefield national park, marched
through the downtown streets of
Chattanooga in full dress uniform
and equipment.
Cheer U. S. Troops.
The old veterans of the gray
cheered the Government troops de
spite the fact that they wore the blue
uniform that 50 years ago the men
of the South so bitterly hated. It
was a notable illustration that this
is again a united country and sec
tional lines are fast being obliterated.
A half-hour later a short business
session was held by the Sons of. Con-
fedearte Veterans, after which came
the formal opening of the reunion by
the veterans.
This afternoon business sessions
will be held by the Veterans. Sons of
Veteran® and Confederate Memorial
Association.
To-night the big social functions
that will mark the reunion will be
gin.
Jury to Try $10,000 Libel Suit
Believed to Favor Former
President.
MARQUETTE. MICH., May 27.-
Colonel Theodore Roosevelt was pre
pared to take the stand to-day as the
first witness in support of the charge
of libel against George A. Newett,
publisher of Ir«»n Ore, a weekly paper
at Ishpeming, Mich., for which the
former President is demanding $10,000
damages. The jury is composed of
four farmers, two teamsters, two
miners, one woodsman, one black
smith, one locomotive fireman and one
clerk.
The twelve men last night were
locked in a large sample room of the
Marquette Hotel, guarded by bailiffs
They will be closely watched during
the trial. Opinion here to-day was '
that the jury slightly favors Colonel
Roosevelt. A few of the twelve are
out-and-out admirers of the ex-Presi-
dent and most of them are known
to have Progressive inclinations. One
of the 45 veniremen examined was
about to be accepted as a juror when
it was discovered he was wearing a
Bull Moose button.
Colonel Roosevelt planned to make
a sweeping denial of the charge con
tained in an Iron Ore editorial that
he frequently was intoxicated. Attor
neys for Newett have hinted that
some surprises were in store. Most
of the witnesses brought here to tes
tify for Roosevelt will be used to
contradict testimony offered by New-
ett’s counsel.
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 army, was
killed here to-day by the collapse of
his machine, while making a flight
over the military parade ground.
He was the 271st victim of avia
tion. ^
FELDER AIDE
BFFERSVICE
FIST TO
CHIEF
Attorney Carl Hutcheson Accuses
Beavers of Permitting Unlaw
ful Houses to Operate.
t'arl Hutcheson, ’a young lawyer
connected with the firm of Felder.
Anderson.' Whitman & Dillon, has
written an open letter to Chief of Po
lice Beavers, charging him with per
mitting unlawful houses to operate on
certain city streets and promising to
give addresses if the Chief asks per
sonally for them within three days.
On Monday morning Chief Beavers
declared Attorney Thomas B. Felder
had no evidence of police cognisance
of immoral resorts: that he never had
had any, and that he wae only bluffing
when he said he had. Requested to
reply. Colonel Felder announced he'
would make no more statements ex
cept in writing, and that he had
nothing to say then.
. Rea*rciMt* ; ****a*,*l yy - -
A few hours later Mr. Hutcheson, a
member of Colonel Felder’s firm, is
sued the letter, which is regarded as
a semi-official reply from Colonel
Felder.
Mr. Hutcheson formerly w-atr a
newspaper man Shortly after taking
up the practice of law’ he achieved
State-wide renown by conducting the
campaign of William Schley Howard,
who defeated Representative Leonidas
Livingston and is now’ serving his
second term in Congress.
Following is Mr. Hutcheson’s open
letter to Chief J. L. Beavers:
Score* Vice Crusade.
J. L. Reavers, Chief of Police,
Atlanta:
Newport Lanford, Chief of De
tectives, Atlanta:
In your great crusade against
Sodom and Gomorrah with your
immaculate robes of Puritanism,
1 accuse- you in all your glory
with allowing certain houses on
Ivy Street, the business of which
is to barter in immoral and in
decent practices, to continue in
flagrant operation. AND YOU
KNOW IT. If you do not, every
sensible citizen of this city, who
knows anything of the world,
does. If you do not know 1 these
things, it is your duty to know,
and you should be discharged
from your high pedestals for
dereliction.
I accuse you of allowing sim
ilar houses to operate on certain
parts of Spring Street. AND YOU
KNOW IT. If you do not, you
should be removed from office for
dereliction of duty.
I accuse you of allow’ing sim
ilar houses to operate in a cer
tain section of Pryor Street. AND
YOU KNOW IT. If you do not,
you should be removed from of
fice for dereliction of duty.
I accuse you of allowing simi
lar houses to operate on a certain
section of Central Avenue. AND
YOU KNOW IT. If you do not,
you should be removed from of-
i flee for dereliction of duty.
Allege* Gambling Place.
T accuse you of falling to take
cognizance of a certain house in
Ivy Street, to which I called your
attention several weeks ago,
w’here young men were inveigled
to gamble away their money, the
mistress thereof being the banker
and the recipient of these ill-
gotten gains. AND YOU KNOW
IT, and should be removed from
office for dereliction of duty.
1 accuse you and numbers of
your forces with being cognizant
of these facts, and yet you, the
great crusade leaders, stand idly^
by and fold your lordly hands.
I accuse you with allowing,
even yet, low’ class hotels in this
city to exist and practice their ne
farious games of lowly gain. AND
YOU KNOW IT. and should be
removed from office for derelic
tion of duty.
If you can not “turn up” these
places, there are hundreds of peo
ple who can. I can use infantile
detective work and turn up doz
ens of them within a few davs.
AND YOU KNOW THIS CAN
BE DONE. And, if you fail to
get busy and continue to parade
your great genius (?) you should
he removed from office for dere
liction of duty.
Charges Police Protection.
I accuse you with protecting
these places because of your lax
methods in keeping “the houses
within our midst” closed. AND
YOU KNOW IT. and should be
removed from office for derelic
tion of duty.
I accuse you of closing ijfax*