Newspaper Page Text
V
THE AT LAIS i A dEOIffil AN AND NEWS.
POLIGL EXPtC
-r'l
Sweeper, Under Fire of Ques
tions, Admits Being in Factory
on Day of Slaying.
Continued From Page 1.
T e Georgian-American Pony Contest
VOTE COUPON
'In
Sh*
pw nilnu
left the buildt:
* another lad
fourth floor
was upstairs
Then
Tl
et he ram
iK for pood
She works *»n
or Arthur White,
six or seven mln-
jtes. Then s>rte fame hark down with
her money. She stood by me and to-e
open the envelope and counted the
money. Then fhe left the building
and for about fifteen minutes there
■was no one passing me.
Heard Frank Whistle.
"I sat down on the box and put my
head against the trash barrel and
stretched my feet out with my hat .n
my iap 1 don’t know whether 1 went
to Bleep or not. The nexl thing T
knew 1 heard Frank's whistle twice,
just like this (imitating whistle). I
went upstairs. The double doors we-e
closed. Frank was standing at ’he
top of the steps. He said, I see you
heard me. all tight,' and I said Yes
Frank grabbed me by the arm
very tight and his hand was trem
bling. It was just like he was walk
ing down the street with n lady. He
carried mt througli the fliat office
Ipto his private office, came back and
shut the door into the outer offlct
Then he came back to where i was
He didn't say anything but grabbed
up a box of sulphur matches and
went into the outer office. When oe
came back he pulled out a round
chair.
“He brought the chair for me to sit
1n Then he closed the door and asked
me to address a letter ‘Dear Brother.’
Then he asked me to write some
things for him I don’t remember all
of It. but I remember one of them was
this ‘That long tall black negro did
it bv hisself' I wrote these things at
his dictation Then Mr. Frank patted
me on the hack and said that I was a
good boy Then he handed m«* a box
of cigarettes and I took them.
Vital Evidence Kept Secret
From this point the negro’s state
ment was similar to the affidavit pub
lished a few days ago. The negro said
that he left the factory between five
and ten minutes after I o’clock, went
back to peters Street and then went
home.
chief Danfort] read the above which
he said was about half of the affida
vit. The eh 11 f said that he had only
given out the unimportant details,
leaving it to be inferred that Conley
had given vital evidence.
Harry Scott intimated that the ne-
g.o's affidavit Wednesday morning
had practically cleared the mystery
and was the most Important hit of
evidence in the hands of the State.
At 2 Ci o’clock the negro was taken
into the chief’s office for another
sw eating.
Admission that he was In the Na
tional Pencil factory on the day of
the murder of Mary Phagan was
gained from Conley, after cross-ex
amination by detectives at police
headquarters.
The negro, who became the center
of attention with his amazing story
tyat Leo Frank had told him to write
tin* death notes, changed his narrative
again to-day. Confronted by E. F
Holloway, a foreman In the plant, he
admitted having been in the factory
after having steadily maintained that
he was on Peters Street between 10
and 2 o'clock that fatal Saturday and
at home all other hours- of the day.
Says Confession Is Near.
Holloway, after leaving the secret
grilling ti which the admission was
obtained, declared he was sure it was
only a matter of hours before Conley
w ouid i onitm 11• atm rted that 11 ii
had been allowed to put questions* to
Conley he could have gotten Impor
tant information.
The police questions were, of course,
nil put with the idea of gaining in
formation against Frank.
Chief Lanford had announced that
Ite would go before Judge Roan with
a request for an order allowing him
to confront Frank with the negro, so
that Conle>'s statement would be ad
missible in court. Lanford, however,
failed to carry out his plans, although
he would not admit they had been
abandoned.
Later Chief Beavers said that the
plan to confront Frank with Conley
would not be carried out to-day and
that its wisdom was doubtfpl. as. of
course, F rank could not be compelled
to answer any questions.
Refuse to Admit Suspicion,
I’ll** police refused to admit that
suspicion was turning o; should he
turned to Conley, who has told one
falsehood after another since his ar
rest. They tried resolutely to con
strue every one of his statements as
against Frank and would not admit
that the continued contradictions of
the negro made his value as a wit
ness next to nothing.
The police declared that Conley had
been asked to write the contents of
the death notes and had spelled night
watch” as it was in the note, “night
wItch," and "self” with the ”1” and ”e”
transposed as in the notes. What
all this shows, in view of the fact
that the same officials had an
nounced tout they had conclusive
evidence by 'experts” and that Frank
w rote the notes, is not plain.
<’oniey was also confronted by
General Foreman N. V. Dariey in the
*'• "% ! v< s R! k. S c i
ford and the negro made im-
admissions that will no doubt
m to admit his guilt,
at mi tied that he sat at the
shaft on the first floor it
the afieinoon of the murder
Dario in company with Miss
lest end tile stairs. Conley
d Miss Smith as wearing a
and Dariey with his coat on
» hat. Dariey stated that
priptions were absolutely cor
pse: y particular. Strange
leither Dariey nor Miss Smith
negro, for he was seated in
iow of the steps and never
sound. *
said that after Dariey came
airs with Miss Smith It
o the door with her and then
returned and ascended the stairs.
This Darl«y says is true.
Shortly after this Mrs. Albert
White went into the factory to sec
feer husband and get some money to
buy a dress. Her husband. Albert
White, was at work on the fourth
floor with the assistant foreman and
machinst. Harry Denham. Mrs. White
says that she saw a negro who sat
immovable at the foot of the eleva
tor Aaft as she entered the factory.
Hearsf's Sunday American a n 1 Atlanta Georgian
PONY CONTEST VOTE COUPON, WEDNESDAY. MAY 28, 1913
5 VOTES
NOT GOOD AFTER JUNE 12, 1913.
Vote for
Address
CARRIERS’ AND AGENTS' BALLOT.
Hearst’s Sunday American and Atlanta Georgian
Pony Contest. Vote Coupon, Wednesday, May 28. 1913.
5 1/nTFC NOT good aftfh
VVJIL..9 JUNE 12. 1913.
Vote for
Address
SCHOOL ROYS’ AND GIRLS’ BALLOT.
WILSON OPPOSES 10 FELLOWS OF
GURRENCYFRiLLS STATE IN SESSION
President Reported to Have Told
House Leaders to Use Com
mon Sense.
prese
nee
ami 1
^an
porta
nt ;
force
h-i
Conley
•
tor
12:30
on
and s
t*AY
S tn 11
i d
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vfth
both i
no
den*
rect
in
to sa:
n
SH W 1
i he
the s
hac
made
a :
Conley
dow n
St
walkf
;<1 t
WASHINGTON, May 28 President
Wilson has confided to House lead
ers. according to information ob
tained to-day. that he wants curren
cy reform legislation next month con
ducted along common sense line®. He
believes too much expert opinion will
tend to fecloud fundamental ques
tions.
Prominent New York City banke.s
are said to have approved the essen
tials of.a draft of the bill, although
not being willing to accept all the
details.
The President, it is stated, will be
satisfied if they agree on the main
features.
Only two members of the Cabinet,
Bryan and McAdoo, have been con
sulted. according to reliable informa
tion The former is sold to have
contributed several valuable ideas
to the bill on the issuance of notes by
reserve associations.
Conner Begs for
Additional Funds
.1 J. Conner. State Commissioner of
Agriculture, in his annual report to
Governor Brown, declares better fa
cilities in his department are impera
tive. He said the annual appropria
tion to tin- department was fixed by
the Legislature of 1874 at $10,000, and
that the growth of the department
demands that this amount be supple
mented by $5,000.
"In operating the law' with respect
to the inspection of gasoline, benzine,
naphtha and other products of petro
leum \ find that some hardships are
worked on certain classes of indus
tries in the State.” he said. "I rec
ommend that merely nominal fees be
collected for the inspection of these
products where they are used only
for manufacturing purposes.
"During my service l have felt very
much cramped in getting out depart
ment bulletins and publications.”
He‘commends the work of the State
food inspector and suggests that the
office of an assistant be created.
He recommends thnt the salary of
the State oil inspector be increased
from $1,200 to $2,000 a year.
He urges that the next Legislature
add at least $80,000 to the veterinary
department to combat cholera among
hogs and tuberculosis among cattle.
Woman Badly Hurt
By Fighting Cats
GADSDEN. ALA., May 28.—When
Mrs. J. A. Bacon. 50 years old. at
tempted to separate two house cats
that were fighting on the baek porch
of her home, both attacked her, in
flicting more than 100 wounds on
her throat, chest and arms Her hus
band and daughter fought ten min
utes before they subdued the cats.
Some of the wounds on Mrs. Ba
con’s throat are half an inch deep. A
physician spent four hours sewing up
the gashes.
Only Italy Leads U. S.
In Aviators' Deaths
WASHINGTON. May 28.—Th*
United States has more accident ti
deaths among Government aviators
than any other nation, save Italy, of-
j fieial figures shew.
F.ngland is third and France fourth
It is pointed out. however, that Amer
ican aviators average nearly twice the
j number of hours and mile9 covered.
MRS. EDESON IMPROVES.
SOUTHAMPTON N. Y. May 28.-
! The condition of Mrs. Robert Edeson.
' wife of the actor, who is confined in
1 a hospital here, to-day was reported
Improved.
Establishment of Fraternity Home
Question Before Savannah
Grand Lodge Meeting.
SAVANNAH. <3 A.. May ‘J8. The
Grand Lodge of Odd Fellows of Geor
gia met in annual convention in Sa
vannah to-day, when Mayor Richard
J. Davant. delivered the address of
welcome for the city, and Thomas
Hoynes, deputy grand master, for the
Savannah lodges. Response was made
by Grand Master W. S. Coleman, of
Cedartown. Following the public ex
ercises the Grand Lodge went into
executive session.
Simultaneously the Daughters of
Rebekah, the woman’s r auxiliary of
the Odd Fellows, met in grand assem
bly at Odd Fehows' Hall. A good
deal of politics in to come up during
the sessions of the assembly. It is
rumored that there is to be a fight for
grand warden, for which Mrs R. J.
Winters, of Atlanta, is a candidate.
Whether or not Georgia is to have
an Odd Fellows’ home is one of the
questions to be decided by the Grand
Lodge. At the Gainesville meeting
laat year a committee was appointed
to investigate and report at this
meeting. Under the present arrange
ment the Odd Fellows have a pension
plan, but it is said that this is not
satisfactory.
There are 2,500 Odd Fellows and
300 Rebekahv present.
34 Get Diplomas
From Bessie Tift
FORSYTH, GA., May 28— With the
delivery of the prizes and the confer
ring of the degrees upon the 24 grad
uates, commencement exercises at
Bessie Tift College came to a close
and each departing train has been
filled with girls returning to their
homes
At the morning exercises the med
als were awarded by Dr A Chamblee.
of Forsyth. The medal for general
excellence in the junior ( lacs was won
by Miss Annie Re Gamble, of For
syth; for excellence in voice, by Miss
Gladys Askew, of Arlington; for gen
eral excellence in piano, by .Miss
Kathleen Morris; for the best pro
duction in a current number of the
Bessie Tift Journal, by Miss Florrie
Hollis, of Forsyth; for domestic arc.
by Miss Ethel Hall, of Forsyth, and
for excellence in domestic science, by
Miss Louise Marshall, of Tennille.
Tlie baccaulaureate address was de
livered by Rev. Alex W. Bealer, of
Eastman. The diplomas were deliv
ered by Dr. C. H. S. Jackson, pres-d •
dent of the college.
American Wins in
English Golf Meet
Special Cable to The Atlanta Georgian.
ST ANDREWS. SCOTLAND, May
28. W. Heinrich Schmidt, of Worces
ter. Mavs.. once again demonstrated
his golfing prowess when he to-day
defeated Captain A. V. Hambro, of the
Royal St. George’s Club, one up.
Harold Weber, of Toledo, Ohio. th<
other American who s' rvived the firs,
three days, was eliminated to-day.
Senate Can Quiz
McAdoo on Tariff
WASHINGTON,
Belmont has celle
the leaders of the
178') w hi 'h he says
right to summon
Treo:iury McAdoc>
for a statement a
the effect of the
revenues of the cc
Mr. Belmont wl
leaders to call Mr
for tlie benefit of
May 28.—Perry
d the nttention of
Senate to an act of
gives Congress the
Secretary of the
before h and ask
s to his opinion of
tariff law on the
•untry.
11 urge the Senate
. McAuoo and ask
his opinion.
j She could not identify him because*
of the indistinct light But as Con-
1 ley admitted he was there five min-
j utes before it is reasonable to be-
! Move that it was Conley that Mrs
i White passed.
j According to the statement of E.
j K. Holloway Conley had no business
I in the factory on the day of tlie mur
der. which was a holiday. Holloway
| says that the negro denied being
there whea questioned by him. N iw
Conley admits that be was there.
Holloway believes that had not
Dariey escorted Miss Mattie Smith
down stairs that she and not Maiy
Phagan would have oeeu the victim.
Atlanta Teachers'
Tests, August 15-16
Superintendent of Schools Slat m
announced Tuesday that an examina
tion will be conducted August 15 an.1
16 for applicants for positions in the
city schools.
All teachers who propose to take
re-mforcing examinations, all who
desire to improve on old records and
all new applicants are* invited to ap
pear for the examination in August.
A wonderful magazine given
FREE with every copy of the
next Sunday American.
OF
F
III FI RUINS
Continued From Page 1.
burn the bodies to hide the crime
came as a second thought.
The house was about 50 yards from
the road in a clump of trees. It is
In a lonely spot and the nearest
neighbor is beyond earshot. That
the screams of the women would not
have been heard is safe to conclude.
Girl’s Skull Crushed.
Another development that tends to
show murder, came with the discov
ery that the skull of Nellie Stevens
had been fractured, also. A sharp
crack across the top of the head
showed possibility that a knifelike
weapon had been used, striking with
such force as to cleave the bone.
Tlie positions of the bodies in thf
ruins tend to bear this theory out
—that the murderer had struck the
girl with his hoe after crushing Mrs.
Stevens' skull.
Mrs. Stevens’ skull, it was shown,
was crushed in by a blow directed at
her from in front. Her body was
found ju#t three feet from th« door
way. Diroctly behind this lay th<
body of Nellie Stevens.
It is thought that Mrs. Stevens,
when she took up the shotgun and!
started toward the door at the
sound of the Intruder, was followed
by her daughter. When the older
woman opened the door, Nellie was
directly behind her. The murderer,
then, if he stood just without the
doorway, with hoe in hand, struck
Mrs. Stevens first. With a second
blow he felled the girl behind her.
Open Knite Under Girl’s Body.
The gun barrel was found close to
the bodies of the women and the
hoe was found out in the hallway'.
An open knife was found under the
girl's body'.
That the door was open at the time
the women met their deaths was es
tablished by the fact that the door
knob was discovered in the ashes in
side the room. The door opened on
the inside and, therefore, the knob
would have fallen in the room if the
door had been opened.
The testimony of Nelms, the milk
wagon driver, who was first on the
scene, is considered of great impor
tance in describing the positions of
the bodies and the weapons found.
Nelms Wednesday morning, in telling
of the tragedy, said:
“When I saw the smoking embers
of the building, as I was driving by,
I hastened up. At first I did not sus
pect that anybody was dead.
Finds Two Bodies.
“I looked about in the ruins, how
ever, and soon discovered througli the
smoke what looked to be a body. 1
walked through the ashes to the spot,
and sure enough there was a human
form. I looked about and soon fougd
another form. Both were charred and
beyond recognition.
"I didn’t wait to look further, but
ran over to the next house, about 200
yards away, and got Mr. Cowan and
telephoned the police. Cowan and 1
came back and together we hunted
over the ruins until the police came.
We found the shotgun, the iron part
of the hoe just outside the room, the
knife under the girl’s body and the
doorknob. We didn't touch a thing,
though.”
With the arrival of Sheriff Mc
Curdy came also Polic e Chief Beavers
and Police Sergeant Whatley, of At
lanta. Mr. Whatley is a brother of
Mrs. Stevens.
Excitement ran high ns crowds of
persons from the surrounding country
arrived at the scene
Boy Had Quarreled.
Mrs. L. G. Self’s statement to the
police authorities regarding the visit
of Nellie Stevens to her home with
Wade Stevens’ clothing, directed sus
picion to the boy.
“Nellie came to my house in the
late afternoon,” said Mrs. Self. “She
carried a bundle of men’s clothing
with her and asked me to keep the
clothes that night. She said that her
brother and her mother had had an
altercation.
"It seems that Wade wanted t6
leave home and his mother nod ob
jected. From what Nellie' said, I un
derstood that hot words had been
passed. Nellie said that she had
slipped out of the room quietly and
bundled Wade's clothes and taken
them away in order that the boy
could not leave.”
Saw Boy in Atlanta.
Charles B. McWilliams. 483 Leggett
Avenue. East Atlanta, declared Wed
nesday afternoon that he had met
Wade Stevens and another boy named
"Red" Merchant at Five Points* at
8 o’clock Tuesday night.
McWilliams said the boys expressed
their intention of leaving the city that
night—that they were going to catch
a W. & A. train and go to Chatta
nooga and Cincinnati. McWilliams
said the boys were dressed in overalls
and had no money.
He declared that he accompanied
them to the Terminal Station and
waited there with them until fifteen
minutes before their train was due to
leave. Then he left them.
Prowler Routed Two Weeks Ago.
That an attempt was made to bur
glarize the Stevens home two weeks
ago was the statement made by a
neighbor to Sheriff McCurdy.
Tlie person said that Mrs. Stevens
had told of hearing a noise in the
rear of the house one night and that
upon going out to investigate it, saw
a man jump from the back porch to
the ground and run off into the woods.
Mrs. Stevens shot at the retreating
form with the same gun which was
found near her body in the ruins
Police authorities place much impor
tance in this information as a posai*
ble clew to the murderer.
Evidences that a horse had stood
for some time Tuesday night about
50 yards from t'ne house were dis
covered. Hoof prints were found
where the animal had kicked- up the
turf. Also traces of a person’s foot
steps were discovered nearby, which,
from the great distance they were
apart, proved that the person was
running. These footprints lead from
the house towards the woods nearby
and are so plain as to be easily fol
lowed.
Chief of Police Beavers sent th'
following telegram to Fred W. Hill.
Chief of Police at Chattanooga,
carrying word of the tragedy to Wil
liam Stevens, the husband and father
of the murdered women:
"Please locate William Stevens,
care l r . C. V. Advise him that his
house has been destroyed by fire and
that his wife and daughter were
| burned to death. Tell him to return
J immediately.”
’I. R. Averted War With Japan’
Witness Says Fleet Turned Trick
*•+
Defense’s Mainstay Faces Jail
lawyer in Michigan has tried more
ilbei suits than he has. He knew that
damages:' could be increasou by reason
of malice behind the publication. W
will show there was no malice.
“in cur answer we set up that there
was no malice and that pi>bl!cation
was made in good faith and that the
defendant had boon told and believed
reports of Ruosevelt's drunkenness
were true.
"Dr. Abbott recognized the exist
ence of such reports and deemed it
i worth while to answ er them in The
Outloqk. Therefore, we have a right
to show the existence of thene reports
as showing good faith and absence or’
j malice on the part of this defendant.”
"We shall not claim.’’ said Attor-
j ney Pound, "any vindictive or puni-
damages. We ask only actual
damages such as would accrue Jn the
(absence of express malice. This is by
(direction of the plaintiff."
Claim Actual Damages.
That means.” said the court, "only
jHVll IrVJWVit
'La/e?/Grvtn'erf S/ks/sWvef
TAeSCARiU PLAGUE
De.ctcx? rsi
IRll MAGAZINE
GIVEN WITH NEXT
SM9JHH
the facts, but had heard riimors to
that effect? The court held it would
not."
At this point Judge Fiannagan ad
journed court until 2 p. m.
T. R. Coins New Expression.
"Bully, plus,” was the new - expres
sion coined by Colonel Roosevelt this
morning to describe his state of phy
sical well-being, following a long
j walk along - the shores of Lake Supe
rior and a hearty breakfast. He
prose early and appeared in excellent
spirits when court opened.
John Callan O’Laughlin, Washing
ton correspondent for a Chicago
newspaper, the first witness called,
devoted the early part of his testi
mony to answering questions relative
to the intimacy of his friendship with
the former President.
Prior to the examination of
O’Laughlin the counsel for the de
fense spent three hours going over
200 depositions they expect to pre
sent, and discussing the points they
hope to bring out in support of the
editorial in which Newett stated that
Roosevelt "was drunk, not infrequent
ly.” Judge Fiannagan also an
nounced there will be no session of
the court on Memorial Day. but that
a full day’s work would be done Sat
urday.
Known Him Many Years.
O’Laughlin testified that, lie came
to know Colonel Roosevelt when the
latter was Assistant Secretary of the
Navy in 1897;, that Roosevelt dis
suaded him from enlisting at the time
of the Spanish-American War be
cause he (O’Laughlin) "was married
and had no money to keep his wife.’
and that during the seven years
Roosevelt was President he saw him
morning, noon and night and at the
shaving hour. It was Roosevelt’s cus-
RACE
ENTRIES
AT LOUISVILLE.
FIRST Selling, two-year-old mald-
ons. five furlongs xBuzz Around 101,
Mockery 109, Honey Mine 109. General
Warren 109, Mary Pinkford 109. Old
Trump 109. First Degree 109, Rosa
Munili 109, Holton 119, Macknen 112.
Meulmch 112.
SECOND—Selling, two-year-old maid
ens. five furlongs: xRose Ring 104, S'.
A. Stone 109. Lady Innocence 109, First
Cherry 109. Ada Kennedy 109, Jack
t rowdus 11.2. Lindar U2. Harhard 112,
Tattler 112. Cooster 112, Tiktok 112.
THIRD—Selling, four-year-olds end
up one end one-sixteenth miles: Mot-
saro 100, Winifred D 100. Beautiful 101.
Praetorian 109., xjohn Reardon 109. Star
O Ryan UO. Captain Bravo 111. Spindle
113, Supervisor 113. Moekler 114
FOURTH—Handicap, three-year-olds
and up, one mile: Coy Lad 1.01, Morris
town 103, Rolling Stone 105 Koval Tea
107, Belle Horse 108. Joe Morris 10S.
FIFTH—Selling, three-year-olds and
up. six furlongs: Polly D 98. Star Jas
mine 98. Gav Bird 106. Flying Tom 107,
xCasey .tones 107, Merriek 108, Florence
Roberts 112.
SIXTH -Selling, three-year-olds and
up, one and one-eighth miles: Floral
Day 103. Just Red 105, Manager Mack
108, White Wool 110, Melton Street >13.
xApprentlce allowance claimed.
Weather clear: track fast.
Deposition,Said to Accuse Roose
velt of Being Drunk, Will
Be Read to Jury.
MARQUETTE. MICH., May 28. -
That there was very serious danger
of war with Japan during the admin
istration of Theodore Roosevelt and
that the Chief Executive met the
danger and averted war by sending a
fleet aiound the world was the state
ment of John Callan O’Laughlin, a
Washington correspondent of a Chi
cago newspaper and a commissioner
to the Tokio Exposition, appointed by
President Roosevelt.
O’Laughlin was a withess for the
Colonel in Roosevelt’s $10,000 libel
suit against George Newett, editor of
The lshpeming Iron Ore.
"Did you seriously mean that there
was danger of war with Japan during
Roosevelt’s administration?” asked
Attorney Belrien. who was cross-ex
amining O’Laughlin.
“There was very serious danger,"
replied tlie witness.
Settled Question "Right."
"Colonel Roosevelt met that -danger.
"Obviously Japan would not start
with a fleet in thy Pacific waters. We
settled the immigration question
right then.”
The witness emphasized the word
"right.”
O’Laughlin was asked by Attorney
Belden if he had been an emissary to
arrange for the reception of Roosevelt
by the Pope and the King of Italy
when the Colonel was in Rome.
O’Laughlin said he had not.
The jury was sent from the room
while the attorneys argued on tlie
admitting of testimony concerning
published reports about Colonel
Roo& , evelt’s drinking. Attorney Bel
den said that the defense wished to
show that reports that Roosevelt
drank were general in 1912
"Did Not Deny Reports."
"We shall show.” he said, "that this
defendant heard those reports and
that this, plaintiff did not deny them.
Roosevelt has been the most talked of
man in thi<> country, and if reports of
his drinking have been so common as
we shall show, he could not be dam
aged in any sum by the publication of
such a report in a little country paper
"The question of Roosevelt’'s repu
tation is vital in this case—his repu
tation in Marquette County, in this
country and in the civilized world. In
the plaintiff’s bill, he assorts that his
reputation for sobriety is well known
throughout the 48 Statos of this coun
try. and that his reputation for so
briety was good before the publication
of this article* by the defendant.
Disclaims Any Malice.
"Mr. Pound is an able lawyer. No
Colonel Roosevelt and, at top. George Newett, who is being
si*ed for libel; at triie bottom, Judge Fiannagan, who is presiding
actual damages, which my be 6 cents
or $60,000.”
"That is correct,” said Mr. Pound.
"Then.” said Attorney Belden, “in
the absence of the demand for a re
traction. no damages may be asked
by way of punishment. But counsel
has already charged malice to this
jury and we can not eliminate these
impressions from their minds. There
fore, we have a right to show there
was no malice and w r e purpose to of
fer testimony of men of standing to
show this general reputation.
"Precedents are few', for men of
Roosevelt’s standing and prominence
have seldom brought such suits, but
we have a somewhat parallel case in
that of Dailey vs. Kalamazoo Pub
lishing Company in the Supreme
Court.”
Cites Parallel Case.
He then cited the case.
Colonel Roosevelt held a whispered
conference with Attorney Van Ben-
schoten.
"Mr. Belden and ourselves are not
very far apart.” said Van Benschoten,
addressing the court. "Newspapers,
however, do not always tell the truth
and reports can not be admitted un
less it is first shown that Mr. Newett
had read the newspaper or heard the
report in question. If Mr. Newett
takes the stand and swears he had
j id or rend such reports and be
lieved them to be true, they would be
come pertinent.”
Scores Defense’s Stand.
"The result of the contention of
Mr. Belden.” said Attorney Pound,
Avould be that a reputation as pure
as that of St. Paul could be blasted
by a lot of irresponsible gossip mbn-
gers. Counsel is not entitled to this
testimony, anyhow. He can not miti
gate and justify at the same time.
The two things are incompatible.
"The presumption of law, as your
honor has said, is that the character
of every man is all right. No affirm
ative proof of character is required.
The Supreme Court has also held that
unless the truth of the published
charges is proved the good faith or
lack of malice of the published can
by no means mitigate actual dam
ages."
Judge Fiannagan interrupted to
say:
"Counsel will please confine himself
to the two questions here at issue,
which are:
State's Points at Issue.
" May defense introduce evidence
of reports and reputation to demon
strate his good faith.’
" May defendant introduce evidence
of reports and reputation by way of
mitigating damages.’ ”
"I shall so confine myself." said
Mr. Pound.
"I shall show your honor the King
of England sued a newspaper far
libel for claiming that the King was
a bigamist because, while prince, he
married a daughter of an admiral of
the fleet before he married Queen
Mary.
“Would it have been a defense to
say that defendant knew nothing of
tom, he explained, to receive callers
while he was being shaved each
morning.
Following the expiration of the
Colonel’s term as President, the cor
respondent continued, he met him at
Khartoum upon his return to civili
zation from Africa; accompanied him
on .the greater part of his Continental
tour, and upon his return to the Unit
ed State? met him frequently until
the New York campaign in 1910 and
the swing around the country in 1912,
when he was with the Colonel’s cam
paign party. His testimony regard
ing Roosevelt’s drinking follows:
Denies Seeing Him Drunk.
y. From that acquaintance what can
you say as to whether or not you ever
saw him under the influence of liquor?
\. Not only have 1 never seen him un
der the influence of liquor, but such a
suggestion seems to me silly.
Q. Ever see him drink?—A. 1 have
seen him drink a small s*enj glass of
champagne at dinners. He never drank
more than . no glass.
Q. What is the Gridiron Club?—A. An
organization of newspaper men in Wash
ington, organized to receive distin
guished men. It gives two dinners a
year.
Q. Are there official dinners in Wash
ingtonA. Four dinners and five recep
tions given by the president are off.ciai
Q. Is liquor served at these?—A. At
the dinners—seldom at the receptions
during Mr. Roosevelt’s term.
A wordy skirmish between counsel on
the two sides in the case, in which
Judge Fiannagan entered, was caused by
an objection to one of Attorney
Pound’s questions. Judge Fiannagan
ordered Attorney Pound to beg Attor
ney Andrews’ pardon. The cross-ex-
amiantion of O’Laughlin was by At
torney Belden, chief counsel for Newett.
Main Witness Faces Arrest.
James Martin Miller, depended
upon as the chief witness for the
defense, will not Appear on the stand,
it was learned to-day. Instead a
deposition by him will be read to
the jury.
When it was announced that Mil
ler would testify at the trial that
Colonel Roosevelt was intoxicated at
a dinner given for former Speaker
Cannon, a telegram came to Mar
quette requesting that Miller be ar
rested and detained until an officer
could arrive from New York, where
a charge of grand larceny had been
made against him.
It was then announced that Mil
ler’s deposition would be read in
court, and that Miller would remain
at his home in Minot. N. Dak.
FREE, NEXT SUNDAY.
The American Sunday
Monthly Magazine, contain
ing the first chapters of Jack
London’s new story, is
GIVEN FREE with every
copy of the next Sunday
American.
AT ELECTRIC PARK.
FIRST—Six and one-half furlong?*,
selling: Inclement 115. Tom Cat 112,
Racine 112. Washakie 116. Judge Lan
dis 115, Mad River 115, xHorace E. 107,
Casque 112.
SECOND—Four and one-half fur
longs, selling: Carroll 112, Higher Up
103. xGold Check 105. Jim Rav 112, Svl-
van Dell 110. Shillalah 112, Black Silk
110, Inspired 110, Our Nugget.110.
THIRD—About five furlongs, selling;
Galoa 102, Panama 102, Trenta Soldi
102, Moima 102, xTranscina 97, Kedron
102, Sweet Spices 102. Thelma J. 102
FOURTH—Four and one-half fur
longs. selling: Buster B. 112, George
G. Hah 112, Dipper 110. Rock Rest 105,
Merize 110, Bryn 103, Merry Chase 103,
Excalibur 112.
FIFTH Four and one-half furlongs,
selling: Monty Fox 115. Naughty Rose
110. Ethel berg II. 103. Royal Onyx 112,
•lack Nunnally 112, Blue Crest 110,
xR. H. Gray 103.
SIXTH—Seven furlongs, selling: Clem
Beachey 107, Tpuch Me 110, Hans Creek
102. xBertis 110, Vigorous 115, Blue
Mouse .110. Phew 100. Little England
112. Brush 102, xJessup Burn 107.
xApprentiee allowance claimed.
Weather raining; track fast.
AT TORONTO.
FIRST Alexandra purse, $600 added,
three-year-olds and up, six furlongs:
Miccosukee 102. Burnt Candle 107. Mor-
pheth 109, Airey 115, Chippewavan 117.
Superstition 119. To mSawyers 119. Joe
Stein 119, Knights Differ 120, Mediator
SECOND—Rutland purse. $600 added,
two-year-old fillies, four and a half
furlongs: Meissen 98. Perogone 105,
Skyrocket J 05, Lyric Muse 105. Miss
Gale 115.
THIRD—Maple Leaf stakes, Canadian
foaled, $1,500 added, three-vear-old fil
lies, one and one-sixteenth miles: Hol-
lybrook 117, Llndosta 117. Elfain 117,
xxSarolta 1.17, xxOndramida 120, Maid
of Frome 120, Auster 120.
xxGiddings entry.
FOURTH—Victorious purse, selling,
three-year-olds and i”>, six furlongs:
xMiccosukee 95. xRigh" Easy 98, Fern
L 99, Carrillon 99, xMileage 100. Black
River 101, xl^etourno 101. Dr. Neel 104,
Rye Straw 106, Magazine 112. Stentor
112, Royal Message 112.
FIFTH—The Connaught cup. $2,000
added, a challenge cup presented by
'is Royal Highness the Duke of Con
naught. IC. G., Governor General of Can
ada. and Her Royal Highness the Duch
ess of Connaught, three-year-olds and
up. one and one-sixteenth miles: Burnt
t’andle 88, Amberite 93. The Rump 97.
Bernadette 97. Valiant Prince 107. A-ln-
spector Lestrade 98. A-Oliver Lodge 104,
A-Bwana Turn bo 108. B-.First Sight 107,
B-Plate Glass 129.
A—Coupled; B—Davies entry.
SIXTH—Steeplechase, maidens, $1,000
added, four-year-.olds and up. about, two
miles: Ballyhack 112, Chochoru 132,
The African 133. Onapfng 153.
SEVENTH— Selling, four-year-olds
and up, purse, one mile and seventy
yards: xMiss Jonah 101, xColston 104,
Love Day 105, Effendi 105, McCreary
106, xMawr Lad 107, Elwah 107, Lad
of Langdon 108. Woodcraft 109, Chester
Krum 1.10, Griff 113, xPardner 116.
xApprentiee allowance 5 pounds.
Weather clear; track fast.
AT MONTREAL.
FIRST—Two-year-olds, 4 furlongs:
Amenes Dale 101. Red Rajah 101, Booth
1.01, Lucky Ike 104, Tom Hancock 108.
Rummage 108
SECOND—Three-year-olds and up,
about 5 furlongs. Etta Ray 97, Swift
Sure 97, Michael Rice 102, Elma 109,
Gagnant 109, Ossabar 110, Oriental Pearl
110, Silicic 112, Lasaja 112.
THIRD—Three-year-olds and up
about 5 furlongs: Richard Gentry 102.-
Booby 105, Monkey 105. Gay 105, Tiny
Tim 105, Duke of Bridgewater 107
Louis Descognets 107.
FOURTH—Three-year-olds and up,
selling, about 5 furlongs: Johnny Wise
107, Senegambian 111, Elsie Herndon
101, Ddhomey Boy 106, Seaswel! 110,
Boano 107, Blanche Frances 106.
FIFTH—Three-year-olds and up, sell
ing. about 6 furlongs: Glipian 112, Aus
ten Sturtevant 112, Chilton Trance 109,
Golden Ruby 109, Buck Thomas 112 De
fy 110, Jim L 112.
SIXTH—Three-year-olds and up, sell
ing, about 6 furlongs: Margold 103,
Creuse 104, Sparhole 105. Leialoaha 109,
Henotic 109, Donwell 105, Thirty Fortv
111, Penang 111.
SEVENTH—Three-year-olds and up
selling, 5 furlongs: Onrice 112, Ugo 114,
Dust 116. Kaufman 116, Star Ashland
116, Port Arlington 116, Dr. Holzberg
116, Rossini 117.
Raining; track heavy.
oods
Sarsaparilla
Is the specific remedy for
that tired fueling so com
mon in the spring or upon
the return of warm weath
er. It purifies and enriches
the blood.
Get it to-day in usual liquid form or
in the tablets called Sarsatabs.
We have Beautiful Bedding
Plants, 3c each. Atlanta Floral
Co., 555 E. Fair Street.
White City Park Now Open