Atlanta Georgian. (Atlanta, Ga.) 1912-1939, May 27, 1913, Image 1

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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*