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

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f Detectives Seek to Confront Leo Frank With Sweeper to Clear Maze of Falsehoods. Continued From Page 1. made to tf poi Tuesday night, Conl«*v declared that Instead of writ- lay, he wrote four minutes inf? the notes on F*rb them Saturday about before 1 o’clock. His second statement is impeached by the fact that the negro has repu diated his tirst affidavit It may be impeached further by the develop ment that at the time he says Frank was dictating the notes to him Frank. y» a matter of fact, was on another I floor talking to Harry Denham, Ar thur White and Mrs. White. Frank and the other three persons all have testified that It was within a feu minutes of 1 o'clock that Frank came upstairs and said that he was going to leave the building and that if the three did not wish to be locked in the building they would have to lcav* also. Mrs. White left at 1 o'clock Frank and Denham and White re mained in the building The negro in making the second statement described exactly who was in the building at the time, on what floors- they were and wnat they were doing, indicating that he must actual ly have been there or else has read the papers very carefully. Until his second statement he had denied re peatedly that he was in the factory on the day of the crime, and had told the detectives of his whereabouts at various time? of the day. Unable to Prove Whereabouts. He was unable, however, to corrob orate his declaration that he was on Peters Street between 10 o’clock in the forenoon and 2 o’clock In the aft ernoon. He could name no one he had seen between those hour u . Despite the new developments, the detectives, of course, stand firmly by their theory of Frank's guilt They assert that they have the testimony of four handwriting experts that the writing on the notes found by the body of Mary Phagun positively *is that of Frank. This evidence is les sened in importance by the fact that three other handwriting experts have dec lared as positively that the writing Is that of Newt Lee. the negro night watchman in the pencil factory. So far as is known no expert com parison has been made between the notes and the handwriting of Conley. If such a comparison has been made the results have not been announced. The detectives are placed in a pe culiar position by the new statement Of Conley. If they are to believe a word of hi* abatement that he wrote the notes at Frank's dictation they are forced to discredit absolutely the testimony of their four handwriting experts that the notes are those of Frank. If they accept the testimony of the experts, on the other hand, they must take tile position that both the first and second statements of the ne gro are worthless and have no bear ing on the mystery. Contradicted by Wife. Maggie Conley, wife of James Con- ley* whose; confession that he wrote the mysterious notes found at the side of murdered Mary Phagan at the nictation of Leo M Frank, has devel oped into one of the most puzzling incidents of the case, .made a state ment to a Georgian reporter on Wed nesday morning bearing on the whereabouts of her ‘husband on the afternoon of the murder that is utter ly at variance with statements made ti\ Conley. Conley has repeatedly told detec tives that on the evening of April 20, the night Mary Phagan was mur dered, he left his home at 172 Rhodes Street at 6 o’clock and went down town. remaining then- until 8. when he returned home The woman who says she ‘Ms 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 Witness Says Fleet Turned Trick +••5- Defense’s Mainstay Faces Tail Address CARRIERS' AND AGENTS’ BALLOT. Hearst’s Sunday American and Atlanta Georgian Pony Contest Vote Coupon, Wednesday, May 28, 1913. 5 %/ATrC NOT GOOD AFTER vv/l L3 JUNE 12, 1913. Vote for Address SCHOOL BOYS’ AND GIRLS’ BALLOT. ‘Colonel Averted War With Japs’ JACK LONDON’S JLife jnJ Grade rf Sfiar/Mvel The SCARLET PLAGUI Demins m FRII MAGAZINE GIVEN WITH NEXT sunn Hammerstein Quits London Opera Field Special Cable to The Atlanta Georgian. LONDON, May 28.—Oscar Ham- mersteln’8 operatic connection with London was severed to-day with the sale of his interest in the London Opera House to E. A. V. Stanley, chairman of the syndicate which had leased the building. The sale was made in the name of Arthur Hammerstein, a son of Oscar, and was consummated with 48 hours after the Hammersteins had paid a $240,000 mortgage on the opera house. Council of Griffin Still Defies Mayor wife told a Georgian reporter that Conley came home at 2 o’clock in the afternoon of April 26. !»nd RE MAINED AT HOME UNTIL MON DAY MORNING AT 8 O'CLOCK. APRIL 28, when he went to work at the pencil factory. He returned home about an hour later, she said, and told her he didn’t have to work that day, because a white girl had been murdered. Her Story of His Actions. The woman told the following story of her husband’s action on the day o' the murder: ••Jim left homo about 9 or 10 o’clock Saturday morning and said he was going downtown. He came back somewhere in the neighborhood of o’clock, and told me he had been at the near-beer saloon* on Peter: Street with a gang of niggers 1 w.<s in the kitchen when Jim came in the front door, and I heard him moving around in the front room several minutes before I called him. Then he began Joking me and fooling like he always does. We sat In the front room and talked a little while and then I went hack in the kitchen. •‘1 heard Jim moving around after I went into the kitchen, and 1 thought he was going out again I went into th« front room and couldn’t see Jim I reached over to pick up a shawl that had fallen to the floor, and Jim poked his head over the top of the dresser. He had been hiding behind it, just to nee what 1 would say We sat around ail afternoon and talked, and Jim didn't leave the house any more until Monday morning, when he went to work.” Not Seen by Neighbors. The woman said her husband did not appear nervous or excited when he canm home on the Saturday after noon of the murder.* She said he is always fooling and Joking, and was even a little more playful than usual. She said also that he said nothing to her about having written any notes for Mr. Frank, and said she had never heard him speak of his employer. No negro crtuld he found in the neighborhood where Conley lives who had seen him at home Saturday aft ernoon. Hattie Crawford, a negres»s who liven at 170 Rhodes Street, next door to Conley, declared that she was at home all Saturday afternoon and Sat urday night and that she did not sot Conley. The first time she saw him was Sunday morning, when he was sitting on a stump in his back yard, .•Jo- says. Accuse Negro Conley. In an effort to discover how the negro Jim Conley, now the center of attention In the Phagan mystery, was regarded at the National Pencil fac tory by the glrlR employed in the trimming and finishing departments where Conley worked us a sweeper, two Georgian reporters late Tuesday afternoon interviewed six foreladies and some 50-odd girls at the factory. 37-39 South Forsyth Street. Without exception, the ordinary workers said that they hud no oppor- Don’t NeglectYour Eyes Your Most Valuable Possession—They Bring All the Beauties of Nature to You Do not wait until the defect grows worse, for delays are dangerous Now is the time to nrevent the hot weather and the glaring sun from af fecting your eyes Call and have your Eyes examined, and we will ad vise you to their care, as we make a specialty exclusively of eye examina tion and fitting glasses, and through many years of experience we have built up a reputation by making a study of the Hitman Eye and remedy ing its defects in giving the Correct Classes to restore the lost Power of Vision tunity to over Judge Conley’s charac ter. as they were too bury and there were fo^eladies there to protect them. Mrs i » w Small, a forelady of 97 West Fair Street, said that before the murder of Mary Phagan the negro Jim Conley was slow moving and negligent of ills duties, taking his time about performing any task ho was asked to do. "After the Phagan murder,” said Mrs. Small, “I noticed a groat change in the negro. He did the things I told him to do with much more prompt ness. Hits whole demeanor changed. ■ I never did trust him.’’ declared Mrs. Small, “and he knew it. 1 cer tainly believe that if anyone working in this factory did that terrible deed It was the negro Conley. 1 said from the first that it was no white man’s Job, and 1 have always believed that Mr Frank was innocent.” Several of the young women, how ever. defended the negro as a fairly good workman All Think Frank Innocent. Every employee of the National Pencil factory, without exception, scouts the idea that Leo Frank had anything to do with the fate of Mary Phagan. Each one is loyal and Is yet to be convinced that he had any part In the crime of which he now stands accused. One woman who is employed in the finishing department asserted that the negro Conley was impudent several time. A number of the girls stated that they had smelled whisky on the negro Miss Eulah May Flowers told of her experience when she went to the stor age room one evening and there stum bled over Conley. who was dead drunk, stretched on the floor. E. F. Holloway, the timekeeper and foreman of the pencil factory, says he had lust about made tip his mind to discharge Conley when the crime was committed, but Conley showed im provement and that he kept him on. until he caught him washing the shirt which caused his arrest. Deductions Damaging. Making deductions from Conley'# first affidavit, here are a few facts which tend to throw suspicion on the negro: ConJey fays that Frank, after dic tating the notes, said to him: “Why should I hang?” If Frank intended committing a deed which would war rant hanging It is preposterous to hold tHat he would so commit himself to as unreliable a person as a negro. Conley did not say he had written the notes until after he had lain in Jail for weeks. Yet. his confession was not in the least incriminating to himself. Conley made his statement not until Frank's case was under investigation by the Grand Jury He made it vol untarily then. Frequently Intoxicated. Conley, the negro, was brought into close association with the factory girl employees. As sweeper he brushed the refuse from beneath the chairs in which they sat. As elevator conduc tor he operated the cage, crowded with girls, up and down the shaft. Conley frequently was intoxicated while on duty. On the afternoon of the murder Conley's story as to his whereabouts lack corroboration. The negro states that he was on Peters Street for at least two hours, yet he can give the name of no one whom he saw there during that time to bear out his statement. At the flrat address Conley gave as his home it was found ho had not livfcd there for a year. Mrs. Arthur White, wife of a ma chinist at the factory, declares she Maw a negro sitting by the elevator shaft (which Conley operated) as she left the factory at 1 o’clock I You are invited to rail and have a thorough examination by E. O. SILVIEUS, M. D., Oculist The specialist who is in charge of all examinations Bear In mind the fact that we, make the examinations and render expert service without extra charge to you. Special Attention Given to Children’s Eyes We make the Kryptok Glasses, one glas- for far and near, invisible, ground of one piece. Toric Glasses. Cvllndei Glasses Prism and Com pound Glasses of any description. We carr> all kinds of eyeglass anti spectacle frames, including the genuine Shur-On with safety guard, guaranteed to fit any nose, and a full line of Colored Glasses VY« neutralize broken lenses and replace them without any prescrip tion L. N. HUFF OPTICAL CO., Inc. Bi Iderr. of Fine Spectacles and Eyeglasses TWO STORES. 1. 52 We MEN WELCOME MOTHER'S FRIEND A Duty That Every Man Owes to Those Who Perpetuate the Race. had re-ad the newspaper or heard th» report in quotation. If Mr. Newett takes the stand and swears he had eard or read such reports and be come pertinent.” 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 walk along the shores of Lake Supe rior and a hearty breakfast. He arose 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 Gibson Slaying Case Near Jury's Hands NEWBURGH. N. Y., May 28.— Summing up began here to-day in the trial of Attorney Burton W. Gib son, charged with strangling Coun tess Rosa Menschik Szabo on Green wood Lake on July 16 last to secure her estate. counsel that he was very anxious to have the case in the jury’s hands be fore night. A wonderful magazine given FREE with every copy of the next Sunday American. FREE, NEXT SUNDAY. GRIFFIN. OA., May 28.—Another chapter to the long fight between the j Mayor and Council of Griffin whs writ- I ten last night when the Finance Com mittee recommended and Council voted to accept the auto fire truck just deliv ered by the American-LaFrance Fire ! Engine Company. Excepting the protest of Mayor Smith, no opposition was raised. No method of payment is prescribed, although a warrant for payment is di rected. This is mooted question. Sulzer Ends Waste Of Seized Liquors ALBANY. N. Y.. May 28. That many a gallon of liquor has failed in its mission as the result of raids con ducted by the State Dej>artment of Excise, which for years has destroyed liquors seized, has been pointed out by the excise department. Under a new law recently signed by Governor Sulzer confiscated liquors will be sold at auction. Abernathy Kids Ride Pop-Pops to Gotham OKLAHOMA CITY, OKLA.. May 28.—The Abernathy kids left Okla homa City this morning on their mo torcycle trip to New York. R. Abernathy, the boys’ father, met them at Guhtrie, and will not see them again until he meets them in New York, where they are scheduled to arrive on June 15. They are to appear in European theaters. ^ Louis is 13 years old and Temple is Atlanta Teachers' Tests, August 15-16 Superintendent of Schools Slaton announced Tuesday that an examina tion will be conducted August 15 and 16 for applicants for positions in ths city schools. All teachers who propose to take re-enforcing examinations, all who desire to improve on old records and all new applicants are invited to ap pear for the examination in August. The Name KIMBALL on a PIANO means that scrupulous care has been given every detail of construction; that every part has been manufactured by the W. W. Kimball Company; that it has been made by skilled workmen, under the direction of experts in their respective lines. That ability, experience and responsibility are back of the piano. The ear and eye can judge of the Beauty of Tone the construction, case design and the finish, but you must look to the name for reliability of construction, and the assurance that the good qualities will endure. The house of KIMBALL has had an experience of over fifty years in the music industry, and artists, amateurs, and thousands of sat isfied customers give abundant proof of the merit of the Kimball. We are showing a large variety of styles in 88-note Player Pianos and Uprights. We have your choice in woods, such as Rosewood, Walnut, Circassian Walnut, Oak. Mis sion, Satin Mahogany and Mahogany. Prices ranging from $195 to $1,250. Our one, absolutely one, price insures you. whether an experienced buyer or not, of securing the best instrument for the amount you wish to pay. It is not safe to buy a piano, or any other article of merchandise, from a dealer who has a sliding scale of prices, because you will never know when he has given you his lowest price. Then, too, vour neighbor mav buy the same merchandise for from $50 to $75 less money. A piano has but one value, and that should fix its price—the right price. Each and every in strument on our wareroom floor is tagged at the cash figure, and no one pays more or less. It is not only safe, but pleasant, to deal with the world’s largest manufacturers of Pianos, Player Pianos, Residence and Church Pipe Organs, through this Branch Store. Cash, or convenient terms arranged. Colonel Roosevelt and. at t sued for libel; at the bottom, -Tu Deposition,Said to Accuse Roose velt of Being Drunk, Will Be Read to Jury. Continued From Page 1. U is Just as Important that men should kn<>w of progressive methods In advance of motherhood. The suffering, pain and distress incident to child-bearing can be , asilv avoided by having at hand a bot tle of Mother's Friend This is a wonderful penetrating, exter nal application that relieves all tension up. n the muscles and enables them to expand without the painful strain upon the ligaments Thus there Is avoided h11 those nervous si>ella the tendency to nausea or morning sickness Is counter acted. and a bright, sunny, happy dis position Is preserved that reflects won* derfully upon the character and temper ament of the little one soon to open its eyes in bewilderment at the Joy of his arrival. You can obtain a bottle of Mother's Friend’ at any drug store at $i.00. and it will be the best dollar s* worth you ever obtained It preserves the mother s health, enables her to make a quick and complete recovery, and thus renewed strength she will eagerly devote herself to the care and attention which mean so much to the welfare of the -Mid Write to the Bradfleld Kegula- t«v Go. 12* Lamar Bldg. Atlanta, G.a f.c- (heir valuable and instructive book g . dance f«»r expectant mothers Get i bottle of Mother s Friend to-day 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 States of this coun try. and that his reputation for sob riety was good before the publication of this article by the defendant. Disclaims Any Malice. “Mr Pound is an able lawyer. No lawyer in Michigan has tried more libel suits than he has. He knew that damages could be increased by reason of malice behind the publication. We 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 thence reports as showing good faith and absence of malice on the part of this 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 tU\ > ctIon of tb«‘ plaintiff,” Claim Actual Damages. "That means,” said the court, “only actual damages, which my. be t» cents or $60,009.’’ "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. Rut 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 e purpose to of fer testimony of men of standing to show this general reputation. "Precedents are few. for men of j Roosevelt's standing and prominence have seldom brought such suits, but \Ve 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 w hjUspcied conference with Attorney Van Ben- schoten. • Mr Belden and ourselves arc not very far apart.” said Van Benschoten, addressing the court. "Newspapers, however, do not always tell the truth and reports can not *6*' admitted un less it is first shown that Mr Newett editorial in which Newett stated that Roosevelt “was drunk, not infrequent ly.” Judge Flannagan 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 he 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 tom. he explained, to receive callers while he was being shaved each nnnning. 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 States met him frequently until the New York campaign in 1910 and the sw ing 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 sav as to whether or not you ever saw him under the influence of liquor? A. Not only have 1 never seen him un der the influence of liquor, but such a suggestion seems to me silly. Q. Ever sec him drink?—-A. 1 have seen him drink a small stem glass of champagne at dinners. He never drank more than ..tieglass. y 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. y. Are there official dinners in Wash ington” A Four dinners* and five recep tions given by the president are official. Main Witness Faces Arrest. James Martin Miller, depended upon as the chief witness for the defense, will not appear oh 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. W. W. KIMBALL GO. ATLANTA BRANCH 94 N. Pryor St. H. R. CALEF, Manager CURRENCYFRILLS 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. He 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 to have contributed several valuable Ideas to the bill on the issuance of notes by reserve association^. Trustees to Learn Of Mercer Friction MACON. GA May 28. — The trustees of Mercer University on Monday after noon will receive a special committee’s report of an investigation of alleged friction among President S. Y Jame son. the. faculty, the student body and the prudential committee. This com mittee had an exhaustive hearing sever al months ago, but its report was formu lated and reserved until the trustees met. President Jameson has declined the presidency of Ouachita College, at Arka- delphia. Ark. COTTON MARKET OPINION. Logan & Bryan: Market will prob ably be dominated during next few days by the issuance of private crop con dition report Trade is anticipating a condition atound '2 to 84 Miller & Go.: We do not look for any decided move until the Government re port. White City Park Now Open We have Beautiful Bedding Plants 3c each. Atlanta Floral Co., 555 E. Fair Street. Jum ©/ §k( A remarkable article about the wonderful sculpture found in one of the Christian tombs in Asia.