Atlanta Georgian. (Atlanta, Ga.) 1912-1939, May 28, 1913, Image 2

Below is the OCR text representation for this newspapers page.

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