Newspaper Page Text
GEORGIAN AXD NEWS.
POLICE EXPECT
T
Sweeper, Under Fire of Ques-|
tions, Admits Being in Factory !
on Day of Slaying.
Oominued Frorv* Page 1.
In a few mi nut os he earn* down j
and lef (Me building for good Then j
< attif another lady She works on
the fourth Moor for Arthur Whit..
Sh< was upstairs six or seven min
utes. Then sphe came bark down with
her money. She stood by me and to ,- e
open t ne envelope and counted the
money. Then she left (he building
and for about fifteen minutes ther**
was no one passing me.
Heard Frank Whistle.
'! sat down on the box and put rny
head against the trash barrel and
stretched my feet out with my hat ( n
my lap. I don’t know whether I went I
to sleep or not. The next thing I
knew I heard Frank’s whistle twice.,
just like this (imitating whistle). Ij
went upstairs. The double doors were
closed. Frank was standing at the .
top of the steps. He said, I see you)
heard me. all right,' 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 a lady. He
carried me through the fbst office
into his private office, came back and
shut the door into the outer off it e.
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 ae
came back he pulled out a round
chair
"He brought the chair for me to sit
in Then lie closed the door and asked
me to address a letter ‘Dear Brother.
Then be asked me to write some
things for him. 1 don’t remember all
of it. but 1 remember one of them was
this: That long tall black negro did
it bv hisself.' 1 wrote these things at
his dictation. Then Mr. Frank patted
me on the back and said that 1 was u
good boy. Then he handed me a box
of cigarettes and I took thejn
... Vital Evidence Kept Secret.
. From thfs 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
ami ten minutes after 1 o’clock, went
back to Peters Street and then went
home.
Chief Hanford read the above which
he said was about half of the affida
vit The chief said that he had only
giv«m out the unimportant details,
’earing it to be Inferred that Conley
tad given vital evidence.
Harry Scott intimated that the ne
gro's affidavit Wednesday morning
had practically cleared the mystery
and was the most important bit of
evidence in the hand* of the State.
At 2:46 o’clock the negro was taken
into the chief s office Cor another
sweating.
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 Ills amazing story
that Leo Frank had told him to write
the 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 at which the admission was
obtained, declared he was sure It was
only a matter of hours before Conley
would confess He asserted that if he
had been allowed to put questions to
Conley he could have gotten lmpor
tant information.
The police questions were, of course,
all put with the idea df gaining in
formation against Frank.
Chief Lanford had announced that
he would go before Judge Roan with
a request for an order allowing him
to confront Frank with the negro, so
that Con to}'a 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 anil
that Its wisdom was doubtful, as. of
course, Frank could not be compelled
‘to answer any questions.
Refuse to Admit Suspicion.
The police refused to admit that
suspicion was turning or should be
turned to Conley, who has told one
falsehood after another since his ar
rest. They tried resolutely to con
strue every one of hts 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
hi en asked to w rite the contents of
the death notes and had spelled night
wateh" as it was in the note, “night
witch." and “self" with tile “1" and "e"
trans-posed as In the notes. What
view Of the fact
Tfe Georgian-American Pony Contest
VOTE COUPON
Hearst’s Sunday American and Atlanta Georgian
PONY CONTEST VOTE COUPON, WEDNESDAY, MAY 28, 1913
5 VOTES
NOT GOOD AFTER JUNE 12, 1913.
Vote for
Address
CARRIERS' AND AGENTS’ BAL LOT.
Hearst’s Sunday American and Atlanta Georgian
Pony Contest Vote Coupon, Wednesday, May 28, 1913.
5 1/ATCC not good after
VUI JUNE 12. 1913.
Vote for
Address
SCHOOL BOYS' AND GIRLS’ BALLOT.
‘T. R. Averted War With Japan’
Witness Says Fleet Turned Trick
IN FIRE HUIIS Defense’s Mainstay Faces jail
IIETEHS KITE
in
all this show
that the same offli
nounced that they
evidence by ‘‘experts’
wrote the notes, is t
Conley was also
Geneial Foreman N.
ials had an-
had conclusive
and that Frank
tot plain.
confronted by
V. Darley in the
itt
presence of Detectives Black. S
and Lanford and the negro made
portant admissions that will no doubt
force him to admit his guilt.
Conley admitted that he sat at the
elevator shaft on the first floor at
12:30 on the afternoon of tile murder,
and saw Darley in company with Missj
Smith descend the stairs. Donley
described Miss Smith as wearing a
raincoat and Darley with his coat on
with no hat. Darley stated thai
both descriptions were absolutely cor
rect in every particular. Strange
to say. neither Darley nor Miss Smith
saw the negro, for he was seated in
t.be shadow of the steps and never
made a sound.
Conley said that after Darley came
down stairs with Miss Smith le
walked to the door with her and then
returned and ascended the stairs.
This Darley says is true.
Shortly after this Mrs. Albert
’-Vh. - went into the factory to se.
her husband and get some money to
bm a dress. Her husband. Albert
White, was at work on the fourth
fleor with the assistant foreman and
machinst. Harry Denham. Mrs. White
I i negro who sat
ttovable ax the foot of the eleva-
i£afi as she entered the factory.
L
CURRENCY FRILLS
President Reported to Have Told
House Leaders to Use Com
mon Sense.
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 lines lie
believes too much expert opinion will
tend to becloud fundamental ques
tions
Prominent New York City bankers
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 said 10 have
contributed several valuable Ideas
to the bill on the issuance of notes by
reserve associations.
Conner Begs for
Additional Funds
J. J Conner. State Commissioner ot
Agriculture, in nis annual report to
Governor Brown, declares better fa
cilities in his department are impera
tive. He said the annual appropria
tion to the 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 I 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 1 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 that 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 $30,000 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 back 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
\\ ASHING TON. May 28.—The
Cnited States has more accident il
deaths among Government aviators
than any other nation, save Italy, of
ficial figures show.
F.ngland is third and France fourth.
It is pointed out, however, that Amer
ican aviators average nearly twice the
number of hours and miles covered.
MRS. EDESON IMPROVES.
SOUTHAMPTON. N. Y . May 28.—
The condition of Mrs. Robert Edeston,
w ife of the actor, w ho is confined in
a hospital here, to-day was reported
improved.
iD FELLOWS OF
STIFF ID SESSION
Establishment of Fraternity Home
Question Before Savannah
Grand Lodge Meeting.
SAVANNAH, GA . May 28.—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 ot
Rebekah, tHe woman’s auxiliary of
Odd Fellows, met in grand aseein-
Kr;
She could not identify him because
of the indistinct light But as Con
ley admitted he was there five min
utes before it is reasonable to be
lieve that It was Conley that Mrs.
White passed.
According to the statement of E.
F. Holloway Conley had no business
in the factory on the day of the mur
der. which was a holiday. Holloway
says that the. negro denied being
toon when questioned by him
Conley admits that be was there.
Holloway believes that had not
Darley escorted Miss Mattie Smith
down Stairs that she and not Mar)
Phasic would have Deen the victim
the
bly at Odd Fehows' Hall. A good
deal of polities is to come up during
tiie sessions of lhe assembly. It is
rumored that there is to be a fight for
gland warden, for which Mrs. R. J.
Winters, of Atlanta, is a candidate.
Whether or not Georgia is to have
an Odd Fellow F home is one of the
questions to be decided by the Grand
Lodge. At the Gainesville meeting
last year a committee was appointed
to Investigate and report at this
meeting. Under tiie present arrange
ment the Odd Fellows have a pension
plan, but It is said that this is not
satisfactory.
There are 2,50ft Odd Fellows and
300 Rebekahe 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. 34 grad
uates, commencement exercises p.t
Bessie Tift College came to a close
and each departing train has been
tilled 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 cla^s 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 art:-,
by Miss Ethel Hall, of Forsyth, and
for excellence in domestic science, by
Miss Louise Marshall, of Tennille.
The baccaulaureate address was de
livered by Rev. Alex W. Bealer, of
Eastman. The diplomas were deliv
ered by Dr. c. H. S. Jackson, provi
dent of the college.
American Wins in
English Golf Meet
Special Cable to The Atlanta Georgian.
ST. ANDREWS. SCOTLAND. May
28.—W. Heinrich Schmidt, b- Worces
ter, Maes., once attain 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, the
other American who s' 'vtved the tlrs.
three days, was eliminated to-day.
Senate Can Quiz
McAdoo on Tariff
WASHINGTON, May 28.—Perry
Belmont has called the attention of
the leaders of the Senate to an act of
1789 which he says gives Congress the
right to summon Secretary of the
Treasury McAdoo before it ami ask
for a statement as to his opinion of
the effect of the tariff law on the
revenues of the country.
Mr. Belmont will urge the Senate
leaders to call Mr. McAdoo ami ask
for the benefit of his opinion.
Atlanta Teachers'
Tests, August 15-16
Superintendent of Schools Slatjn
announced Tuesday that an examina
tion will be conducted August 15 anl
16 for applicants for positions in the
city schools.
All teachers who propose to take
rc-enforcinr examinations, all who
des re to improve on old records anl
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
Continued From Page 1.
the scene the remains <»f the two
women already had been found b>
Nelms and Cowan. Mrs. Stevens
identified by her false teeth.
When the bodies had been taken
out of the ruins they were exam
ined. Mrs. Stevens’ skull was seen to
have been crushed In.
Jt was this fact that fir'*; led the
authorities to suspect foul play. Care
ful examination of the surrounding
embers in the plat e where f he bodies
were found brough to light a shotgun
barrel, the stock and woodwork ot
j which had been burned off.
The weapon was seen to have been
lose to tii; positions where the bodies
J were discovered.
Slain as They Left Beds.
That the women had left their beJs
before they met their deaths was an
other conclusion drawn by Sheriff
McCurdy. The bodies lay In the cen
ter of the Moor while the iron frame*
of the beds were over In a corner ,.f
the room.
The door to the room was open.
Its half demolished frame still stands
in the ruin.!. Just outside the door
the hoe was found.
Sheriff McCurdy’s theory is that
the murderer fled through the dour,
casting the hoe with which he had
slain the women in the hall. Thai
the plan to set fire to the house and
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 no.*
have been heard is safe to conclude, j
Girl’s Skull Crushed.
Another development that tends to
show murder, came with the discov
ery that the skull of Nellie Stevens
hud 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.
The positions of the bodies in the
ruins tend to bear this theory out
—that the murderer had struck the
girl with his hoe after crushing Mrs.
St. yens’ skull.
Mrs. Stevens' skull, it was shown,
was crushed in by a blow directed at
her from in front. He* body was
found just three feet from the door
way. Directly behind this lay the
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 gii»l behind her.
Open Knit© Under Girl’s Body.
Trie 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 tiie
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 tiie
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 1 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 through the
smoke what looked to be a body. 1
walked through the ashes to the spot,
and sure enough there was a human
form. 1 looked about and soon found
another form. Both w ere charred and
beyond recognition.
“1 didn’t wait to look further, but
ran over to the next house, about 200
yards away, and got Mr. Cowan and
telephoned tHo polioe. Cowan and 1
came back and together we hunted
over the ruins until the police came.
Wc 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 Police Chief Beavers
and Police Sergeant Whatley, of At
lanta. Mr. Whatlqy 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 tiie boy.
“Nellie came to my house in the
lute afternoon.” said Mis. 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 to
leave home arm bis mother nad ob
jected. From w hat Ne’lie said. 1 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. Fast Atlanta, declared Wed
nesday afternoon that he had met
| Wade Stevens and another boy named
“Red” Merchant at Five Point? at
S 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 rtiade by a
neighbor to Sheriff McCurdy.
lawyer in Michigan has tried more!
libel suits than he has. He knew that
damage? could be increased by reason
of malice behind the publication. We j
will show there was no malice.
“In our answer we set up that there
was no malice and that publication
was made in good faith and that the
defendant had been told and believed
reports of Roosevelt’s drunkenness
were true.
"Dr. Abbott recognized the exist
ence of such reports and deemed it
worth while to answer them in The
Outlook. Therefore, we have a right
to show the existence of ti:e‘v reports
s showing good faith and absence of
malice on the part of tills defendant.”
"We shall not claim,” said Attor
ney Pound, “any vindictive or puni
tory damages. We ask only actual
damages such as would accrue in the
absence of express malice. This is by
direction of the plaintiff.”
"That means,” said the court, "only
actual damages, which my be 6 cents
jor $60,000”
"That is correct,” said Mr. Pound.
Next Meeting Place Also to Be
Selected Wednesday Afternoon
At Chattanooga.
CHATTANOOGA. TENN.. May 28.
The decision to vote on the election of
commander-in-chief and to select tiie
next meeting place at 3:30 o’clock
this afternoon were the important re
sults of this morning’s session of the
United Confederate Veterans, in re
union here. Some routine business
wa? transacted, but the two impend
ing selections overshadowed all other
matters, allowing them but little im
port.
Upon the very eve of the election it
is still generally believed that General
Bennett H. Young will be re-elected
commander-in-chief. Tiie selection of
the next meeting place appears to be
a dead heat between Jacksonville,
Fla., and Richmond, Va.
The only aspirant to the office held
by General Young appears to be Gen
eral K. M. VanZant, of San Antonio,
Texas, who has a fairly formidable
following.
General Irvine Walker, chairman of
the committee appointed at the’ Ma
con reunion to co-operate with a
committee of the Grand Army of the
Republic in regard to a joint peace
jubilee of the two organizations, sub
mitted a report recommending that at
least 10,000 Confederate veterans at
tend.
The dedicatory exercises of the
AT LOUISVILLE.
FIRST Selling, twoyear-old maid
ens, five furlongs: xBuzz Around 104,
Mockery 109. Honey Mine 109, General
Warren 109, Mary Bickford t09. Old
Trump 109. First Degree 109, Rosa
Mundl 109. Holton 112. Macknes 112,
Meshach 112.
SECOND—Selling, two-year-old maid
ens, five furlongs: xRose Ring 104, F.
A. Stone 109. Lady Innocence 109, First
Cherry 109. Ada Kennedy' 109, Jack
Crowdus 112. Lindar 112. Harbard 112,
Tattler 112, Cooster 112, Tiktok 112.
THIRD—Selling four-year-olds and
up. one and one-sixteenth miles: Moi-
sar-.t 100, Winifred T> 100, Beautiful 104.
Praetorian 109, x.John Reardon 109, Star
O’Ryan 110, Captain Bravo 111, Spindle
113, Supervisor 113, Mockler 114.
FOURTH Handicap, three-year-olds
and up. one mile: Coy Lad 101, Morris
town 103, Rolling Stone 105. Royal Tea ,•
107. Belle Horse 108. Joe Morris 108.
FIFTH—Selling, three-year-olds and
up, six furlongs: Polly D 98, Star Jas
mine 98. Gav Bird 106, Flying Tom 107,
xCasey Jones 107, Merrick 108, Florence
Roberts 112.
SIXTH Seeing, three-year-olds and
up, one and one-eighth miles: Floral
Day 103. Just Red 105. Manager Mack
108. White Wool 110. Melton Street M3.
xApprentice allowance claimed. r
Weather clear; track fast.
AT ELECTRIC PARK.
FIRST—Six and one-half furlongs,
selling: Inclement 1T5. Tom Cat 112,
Racine 112. Washakie 115. 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, xGotd Check 105, Jim Ray 112. Syl
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, Molma 102, xTranscina 97, Kedron
L02. Sweet Spices 302, Thelma J. 102.
FOURTH—Four and one-half fur
longs, selling: Buster B. 112. George
G. Hall I12,*#)ipper 110, Rock Rest 106,
Merize 110. Bryn 103. Merry Chase 103,
Excalibur 112.
FIFTH—Four and one-half furlongs,
selling: Monty Fox 115, Naughty Rose
110, Ethelberg II. 103. Royal Onyx 112,
Jack Nunnally 112, Blue Crest 110,
xR. H. Gray 103.
SIXTH—Seven furlongs, selling: Clem
Beachey 107, Touch Me 110, Hans Creek
102, xBertis 110, Vigorous 115, Blue
Mouse 110. Phew TOO. Little England
112. Brush 102, xJessup Burn 107.
xApprentice allowance claimed.
Weather raining; track fast.
Colonel Roosevelt and, at top. George Xewett, who is being*
sued for libel; at the bottom. Judge Flannagan, who is presiding
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 around the world was the state
ment of John Callan O’Laughlin, a
Washington correspondent of a Chi
cago newspaper and a commissioner
to the Toklo Exposition, appointed by
President Roosevelt.
O’Laughlin was a witness for the
Colonel in Roosevelt’s $10,000 libel
suit against George Newett, editor of
The Ishpeming Iron Ore.
"Did you 'Seriously mean that there
was danger of w ar with Japan during
Roosevelt’s administration?” asked
Attorney Belden, who was cross-ex
amining O’Laughlin.
“There was very serious danger,”
replied the witness.
Settled Question "Right.”
“Colonel Roosevelt met that danger.
"Obviously Japan would not start
with a fleet in the Pacific waters. \\ e
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 the
admitting <*f testimony concerning
published reports about Colonel
Roosevelt? 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 tiiose reports and
that this plaintiff did not deny them.
Roosevelt has been the most talked of
man in this* country, and if reports of
his drinking have been so common as
we shall show’, he could not be dam
aged in any sum b\ 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 4S States 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
“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
lias already charged malice to this
jury and we can not eliminate these
impressions from their minds. There
fore, we have a light to show' there
was no malice and we 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 suitg, but
we have a somew hat 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. Bolden 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
rd or read 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,
"would he ihat a reputation as pure
as that of St. Paul could be blasted
by a lot of irresponsible gossip mon
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 >r
lack of malice of the published can
by no means mitigate actual dam
ages.”
Judge Flannagan interrupted to
sa y:
"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.’”
"1 shall so confine myself.” said
Mr. Pound.
"1 shall show your honor the King
of England sued a newspaper fyr
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
the facts, but had heard rumors to
that effect? The court held it would
not.”
At this point Judge Flannagan ad
journed court until 2 p. m.
Alabama and Florida monuments this
morning drew thousands of veterans
and the attendance at the morning
session was unusually light.
Action by the vetefAns on a resolu
tion asking the Federal Government
to purchase Johnson’s Island in Lake
Erie, near Sandusky. Ohio, will be
taken Thursday mining', according
to a committee report submitted to
day. Thousands of Confederate vet
erans who died in Northern prisons
are buried there and a monument has
been erected to them on the island by
the women of the South, at a cost of
$30,000. It is stated that the island
will be obliterated as a historic point
unless immediate action is Taken to
preserve it.
Major W. P. Gorman, a Birming
ham veteran, who fell yesterday and
sustained a fractured skull, lies at the
point of death at a local hospital to
day.
Morse Again Heads
Steamship Company
NEW YORK, May 28.—Charles VY.
Morse was ejected to-day president of
the Hudson Navigation Company,
owners of a line of steamers operat
ing on the Hudson River.
Morse was head of the company in
1909, but was deposed a year later.
John W. McKinnon, who succeeded
him, sold hie interest in the line to
a syndicate of bankers, who placed it
in Morse’s hands, thus giving him
control.
Southern Pacific
Must Give Up C, P,
WASHINGTON, May 23.— Attorney
Genera] MoReynolds has decided to
contend that the Southern Pacific
must give up the Central Pacific in
I the pending- dissolution of the Union
Pacific merger and will bring a suit
j under the Sherman law to accom
plish that end if the dissolution plans
I fail to include it.
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 TORONTO.
FIRST—Alexandra purse, $600 added,
three-year-olds and up, six furlongs:
Miccosukee 102. Burnt Candle 107. Mor-
pheth 109,'Airey 115, Chippewayan 117,1
Superstition 119. To mSawyers 119, Joe
Stein 119, Knights Differ 120, Mediator
122.
SECOND—Rutland purse, $600 added,
two-year-old fillies, four and a half
furlongs: Meissen 98. Perogone 105.
Skyrocket 105, Lyric Muse 105, Miss
Gale 115.
THIRD—Maple Lear stakes, Canadian
foaled. $1,1)00 added, three-vear-old fil- *
lies, one and one-sixteenth miles: Hoi- #
lybrook 117. Lindosta 117. Elfain 117,
xxSarolta 117, xxOndramida 120, Maid
of Frome 120, Auster 120.
xxGiddings entry.
FOURTH—Victorious purse, selling,
three-year-olds and up. six furlongs:
xMicccsukee 95, xRigl_ Easy 98, Fern
L 99. Carrillon 99, xMfjage 100. Black
River 101, xLetourno lul. 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
• *s Royal Highness the Duke of Con
naught. K. 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
Candle 88, .\mberite 93. The Rump 97,
Bernadotte 97, Valiant Prince 107. A-In-
spector Lestrade 98, A-OHver Lodge 104,
A-Bwana Tumbo 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. Onaping 153.
SEVENTH—Selling. four-year-olds
and up, purse, one mile and seventy
yards: xMiss .Jonah 101. xColston 104,
Love Day 195. Effendl 106. McCreary
106. xMawr Lad 107. Elwah 107, Lad
of Langdon 108. Woodcraft 109, Chester
Krum 110, Griff 113, xPardner 115.
xApprentice allowance 5 pounds.
Weather clear: track fast,
AT MONTREAL.
FIRST—Two-year-olds, 4 furlongs:
Amenes Dale 101. Red Rajah 101, Booth
101, 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, Elrna 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 1.11, Elsie Herndon
101, Dehomey Boy 106, Seaswell 110,
Boano 107, Blanche Frances 105.
FIFTH—Three-year-olds and up, sell
ing, about 5 furlongs: Glipian 112, Aus
ten Sturtevant 112, Chilton Trance 109,
Golden Ruby 109, Buck Thomas 112 De
fy no. Jim L 112.
SIXTH—Three-year-olds and up, sell
ing, about 5 furlongs: Margold 103,
Creuse 104, Sparhole 105, Leialoaha 109,
Henotic 109, Donwell 105, Thirty Forty
111. Penang 111.
SEVENTH—Three-year-olds and up
selling. 5 furlongs: Onrice 112, Ugo 114.
Dust lltj. Kaufman 11.6, Star Ashland
1.16, Port Arlington 116, Dr. Holzberg
116, Rossini 117.
Raining; track; heavy.
!!
I t
ood’s
Sarsaparilla
Is the specific remedy for
that tired feeling 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. «
i
i i i
1
White City Park Now Open