Newspaper Page Text
I
THE ATLANTA GEORGIAN AND NEWS,
PDLICEEXPECT
Tre Georgian-American Pony Contest
VOTE COUPON
Sweeper, Under Fire of Ques- 1
tions, Admits Being in Factory
on Day of Slaying.
Continued From Page 1.
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machinst, Harry Denham. Mrs. White
Bays that she law a negro who sai
immovable at the foot of th£ eleva
tor shaft it* ahe entered the factory.
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 Mr*.
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
there when questioned by him. Now
Conley admits that be was there.
Holloway believes that had not
Dailey escorted Miss Mattie Smith
down stairs that she and not Mary
Phagan would have been the victim.
Found Negro Falsified.
Conley told the officers when he
was first arrested that he could not
write. Later they found releases that
he had written for watches, and he
admitted he had been lying. He gave
them an address on Tattnall Street
when they took him In custody. It
later was found that he had not lived
there for six months or a year.
In his affidavit of last Saturday he
swore that he wrote the notes found
by the body of the dead girl at the
dictation of Leo Frank the day be
fore the crime. Tuesday night he re
pudiated this affidavit and said that
it was on Saturday that he wrote
them.
The result of this series of lies and
misstatements was that suspicion was
gradually shifting from Leo Frank
to Conley In spite of the attitude of
the police. The culminating action
that pointed the accusing finger in his
direction was his new statement of
Tuesday night, which was utterly at
variance with his affidavit In its most
essential point -the date
With his first affidavit repudiated
and worthless, it will be practically
impossible to get any court to accept
a second one. If a second one is of
fered action will be taken at once to
Impeach It and It Is regarded as moat
unlikely that It would be accepted in
the circumstances.
Now Changes Date.
In his original affidavit Conley
swore that he wrote on Friday, April
25—the day before the murder—the
notes which he believes were found by
the body of Mary Phagan. He swore
that he wrote them at Frank's dicta
tion. In the revised statement that he
made to the police Tuesday night,
Conley declared that instead of writ
ing the notes on Friday, he wrote
them Saturday about four minutes
before 1 o’clock.
His second statement is impeached
by the fact that the negro has repu
diated his first affidavit. It may be
impeached further by the develop
ment that at the time he says Frank
was dictating the notes to him Frank,
as a matter of fact, was on another
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
few minutes of 1 o'clock that Frank
came upstairs and said that he was
going to leave the building and that if
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’ BALLOT.
Hearst’s Sunday American and Atlanta Georgian
Pony Contest Vote Coupon, Wednesday, May 28, 1913.
5 1/nTtC NOT GOOD AFTER
'Ulta JUNE 12. 1913.
Vote for
Address
SCHOOL BOYS’ AND GIRLS' BALLOT,
‘T. R. Averted War With Japan’
Witness Says Fleet Turned Trick
v • v
V • 'I*
Defense’s Mainstay Faces Jail
snJ Grader/ G'.'/ar/Nvc/
Vk scarlet plaque
Dcdin? isi
FREE MAGAZINE
GIVEN WITH NEXT
Sheriff Suspects Victims in Trag
edy in Lonely Country Home
Were Slain.
the three did not wish to be locked in
the building they would have to Ieav*
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 timet: 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 afi-
ernoon. He could name no one he had
seen between those hour*
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 Phagan positively
that of Frank. This evidence is les
sened in importance by the fact that
three other handwriting experts have
declared as positively that the writing
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 I’onley.
If such a comparison has been made
the'results have not been announc e d.
The detectives are placed in a pe
culiar position by the new statement
of Conley. If they are to believe a
word of hie statement that he wrote
the notes at Frank's dictation they
are forced to discredit absolutely the
testimony of thejr 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 the position that both the
first and second statements of the n* -
gro are worthless and have no bear
ing on ihe my«*er>
Contradicted by Wife.
Maggie Conley, w ife of James Con
ley. whose confession that he wrote
the mysterious note." found at the
side of murdered Mary Phagan at the
dictation 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 th
afternoon of the murder that is utter
ly at variance with statements made
by Conley
Conley has repeatedly told detec
tives that on the evening of April 26,
the night Mary Phagan was mur
dered, he left his home at 172 Rhodes
Street at 6 o’clock and went down
town. remaining there until 8, when
he returned home.
The woman who says she ‘a his
wife told a Georgian reporter that
Conley came home at 2 o’clock in the
afternoon of April 26. and RE
MAINED AT HOME UNTIL MON
DAY MORNING AT ft O’CLOCK.
APRIL 28, w’hen he went to work at
the pencil factory. He returne d 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 Hi» Actions.
The woman told the following story
of her husband's action on the day of
the murder:
“Jim left home about 9 or 10 o’clock
Saturday morning and said he was
going downtown He came back
somewhere in the neighborhood of 2
o’clock, and told me he had been at
the near-beer saloon* on Peters
Street with a gang of niggers. I \\.: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 ffont
room and talked a little while and
then I went back In the kitchen.
“1 heard Jim moving around after
1 went into the kitchen, and I thought
he was going out again. 1 went Into Up
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
see what 1 would say. We sat around
all 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 came homo 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 could be found in the
neighborhood where Conley jives who
had seen him at home Saturday aft
ernoon.
Hattie Crawford, a negre*s who
lives at 170 Rhodes Street, next door
to Conley, declared that she wag at
home all Saturday afternoon and Sat
urday nigh* and that she did not see
Conley. The first time she saw him
was Sunday morning, when he was
sitting on a stump in hi? back yard,
she 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 girls employed in the
trimming and finishing departments
where Conley worked as 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 had no oppor
tunity to ever judge Conley’s Charac
ter. as they were too busy and there
were foreladles there to protect them.
Mrs G. \V Small, a forelady of 37
West Fall Street, said that before the
murder of Mary Phagan the negro
Jim Conley was slow moving and
negligent of his duties, taking his
time about performing any task he
was asked to do.
"After trie Phagan murder,” said
Mrs. Small, “I noticed a groat change
In the negro. He did the things 1 told
him to do with much more prompt
ness. Hie whole demeanor changed.
“1 never did trust him" declared
Mrs. Small, “and he knew it. I cer
tainly believe that if anyone working
in this factory did that terrible deed
tt 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 df the National
Pencil factory, without exception.
Scouts the idea that Leo Frank had
anything to do with the fate of Mai,/
Phagan Each one is loyal ami is yet
to be convinced that he had any part
in the crime of which he now stand*’
accused.
One woman who is employed in the
finishing department asserted that the
negro Cor»i« v whs impudent several
time.
A number of the girls stated that
they had *-fuelled whisky on the negro.
Miss Eulab 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 be
had just about, made up his miml to
discharge Conley when the crime was
0D0 FELLOWS OF
STATE IN 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
Moynes. deputy grand master, for the
Savannah lodges. Response was made
by Grand Master W. S. Coleman, of
Cedartown.' Following the public ex
ercises the Grand Lodge went into
executive session.
Simultaneously the Daughters of
Rebekah, the woman’s auxiliary of
the Odd Fellows, met in grand asrein'-
bly at Odd FeLows' Hall. A good
deal of polities is to come up during
the sessions of the assembly. It is
rumored that there is to be a fight for
grand warden, for which Mrs R. J.
Winters, of Atlanta, is a candidate.
Whether or not Georgia is to have
an Odd Fellows’ home is one of the
questions to be decided by the Grand
Lodge At the Gainesville meeting
last year a committee was appointed
to investigate and report at this
meeting Under the present arrn^e-
ment the Odd Fellows have a pension
plan, but It Is said that this is not
satisfactory.
There are 2,500 Odd Fellows and
300 Rebekah? present,
American Wins in
English Golf Meet
Special Cable to The Atlanta Georgian.
ST ANDREWS. SCOTLAND, May
28. W Heinrich Schmidt, of Worces
ter, Ma^s.. once again demonstrated
his golfing prowess when he to-day
defeat 'd Captain A V. Hambro, of the
Royal St. George's Club, one up.
Harold Weber, of Toledo, Ohio, th#.
other American who survived the first
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 w hich he says gives Congress the
right to summon Secretary of the
Treasury McAdoo before it and 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 and ask
for the benefit of his opinion.
Continued From Page 1.
An open knife was found Under the
girl’s body.
That the door was open at the time
the women met their deaths was es
tablished by the fact that the door
knob was discovered in the ashes in
side the room. The door opened on
the Inside and. therefore, the knob
would have fallen In the room if the
door had been opened.
The testimony of Nelms, the milk
wagon driver, who was first on the
scene, is considered of great impor
tance in describing the positions of
the bodies and the weapons found.
Nelms Wednesday morning, in telling
of the tragedy, said:
"When I saw r the smoking embers
of the building, as I was driving by,
I hastened up. At first I did not sus
pert 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 were 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 the police. Cowan and 1
came back and, together we hunttvj
over the ruins until the police came.
We found the shotgun, the iron pari
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. Whatley Is a brother of
Mrs. Stevens.
Excitement ran high as crowds of
persons from the surrounding country-
arrived at the scene.
34 Get Diplomas
From Bessie Tift
lawyer in Michigan has tried more
libel suits than he has. He knew that
damage? could be'increased by reason
r»f 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 there 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
direction of the plaintiff."
Claim Actual Damages.
“That means." said the court, "only
FORSYTH. GA..' May 28. With the
delivery of the prizes and*the confer
ring of the degrees upoh the 34 grad
uates. commencement exercises at
Bessie Tift College carpe to A close
a iid each departing train* hafe been
filled with girls returning to their
homes.
At the morning exercises the med
als were awarded by Dr. A Uhamblee.
of Forsyth. The medal for general
excellence In the junior clays was won
by Alias 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"''nyTnljcPl* "of the
Bessie Tift Journal, by Miss .Fiorrle
Hollis, of Forsyth; for domestic arts,
by Miss Ethel Hall, of Forsyth, and
for excellence in domestic science, by
Miss Louisa Marshall, of Tennllle.
The baccaulaureate address was de
livered by Rev. Alex W. Bealer, of
Eastman. The diplomas were deliv
ered by Dr. C. H. S. Jackson, presi
dent of the college.
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’s
first affidavit, here are a few facts
which tend to throw suspicion on the
negro
Conley says 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 wcfuld 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 vhe factory girl
employees. As sweeper he brushed
the refuse from beneath the chairs in
which they sat. As elevator conduc
tor lie 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 Ids whereabouts
iaek corroboration The negro states
that tie was on Peters Street for at
least two hours, yet he can give the
name of no one whom lie saw there
during that time to bear out his
statement.
At the first address Conley gave as
his home it was found he had not
lived there for a year.
Mrs. Arthur White, wife of a ma
chinist at the factory, declares she
«iw a negro sitting by the elevator
shaft (which Conley operated! as ?he
left the factory at 1 o’clock.
A wonderful magazine given
FREE with every copy of the
next Sunday American.
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.
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. .lame-
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
nftdt
President Jameson has declined the
presidency of Ouachita College, at Arka-
delphia. Ark
Only Italy Leads U. S.
In Aviators' Deaths
WASHINGTON, Ma> 28 The
United States has more accident »1
deaths among Government aviator's
than any other nation, save Italy, of-
flcial figures show.
England is third and France fourth.
It is pointed out. however, that Amer
ican aviators average nearly twice the
number of hours and miles covered.
-
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. in.
T. R. Coins |Mew 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
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 woiild 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-
Colonel Roosevelt and, at top. George Newett, who is being
sued fop libel; at the bottom. Judge Flannagan, who is presiding
Strong Protest Against Oriental
Exclusion Is Sent Protestant
Churches in America.
NEW YORK. May 28.—The attituile
of the American missionaries in Ja
pan toward the California alien hill is
contained in the following resolution
received here to-day by the Rev.
Charles H. McFarland, secretary of
the Federal Council of Churches of
Christ in America, the strongest
Protestant organization in the United
States.
As American missionaries resi
dent in Tokio, Yokohama and vi
cinity, we have viewed with deep
solicitude the news concerning the
proposed land legislation in Cali
fornia and deprecate any discrim
ination against the Japanese lest it.
mar the friendship between Japan
and America and work injury to
both countries. Therefore,
Resolved, That we appeal to our
missionary constituency in the
name of our home land, to the
Federal Council of the Churches
of Christ in America, to the Fed
eration of Churches in California,
and to Christian public sentiment
of the nation in favor of just
legislation.
That we express our sincere ap
preciation of the earnest efforts of
the President of the United States
and the leading men of both
countries and record our firm be
lief that the true public sentiment
of both lands will support them
in securing an equitable and mu
tually satisfactory settlement.
Hammerstein Quits
London Opera Field
Special Cable to The Atlanta Georgian.
LONDON, May 28.—Oscar Ham-
merstein’s 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 Hajnmerstein. a son of Oscar,
and was consummated with 48 hours
after the Hammersteins had paid
a $240,000 mortgage on the opera
house.
Deposition,Said to Accuse Roose
velt of Being Drunk, Will
Be Read to Jury.
MRS. EDESON IMPROVES.
SOUTHAMPTON. N. Y . Max 28.—
The condition of Mrs Robert Edefcon.
wife of the actor, who is confined in
a hospital here, to-day was reported
improved.
A wonderful magazine given
FREE with every copy of the,
next Sunday American.
, FREE. NEXT SUNDAY. 1
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 Tokio 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 lshpeming Iron Ore.
“Did you seriously mean that there
w as danger of war 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. We
settled the immigration question
right then.”
The witness emphasized the word
"right.”
O’Laughlin was asked by Attorney
Belden if he had been an emissary to
arrange for the reception of Roosevelt
by the Pope and the King of Italy
when the Colonel was in Rome.
O’Laughlin said he had riot.
The jury was sent from the room
while the attorneys argued on the
admitting of testimony concerning
published reports about Colonel
Roo.-vvelt’s drinking. Attorney Bel-
.den said that the defense wished to
show that reports that Roosevelt
drank were general in 1912.
"Did Not Deny Reports.”
-W e shall show,” lie said, "that this
defendant heard those reports and
that this plaintiff did not deny them.
Roosevelt has been th*- most talked of
man in this> country, and if reports
his drinking have been so common as
we shall show, he could not be dam
aged in any sum by the publication of
such a report in a little country paper.
• The question of Roosevelt's repu
tation is vital in this case—his repu
tation in Marquette County, in this
country and in the civilized world. In
the plaintiff’s bill, he aseerts that his
reputation for sobriety is well known
throughout the 48 States of this coun
try. and that his reputation tor so
briety w as good before the publication
of this article by the defendant.
Disclaims Any Malice.
Mr. Pound Is an able lawyer. No
actual damages, which my be 6 cents
or $60,000.”
“That is correct,” said Mr. Pound.
“Then,” said Attorney Belden, "In
the absence of the demand for a re
traction, no damages may be asked
by way of punishment. But counsel
has already charged malice to this
jury and we can not eliminate these
impressions from their minds. There
fore, we have a right to show there
was no malice and 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 suits, but
we have a somewhat parallel case in
that of Dailey vs. Kalamazoo Pub
lishing Company in the Supreme
Court.”
Cites Parallel Case.
He then cited the case.
Colonel Roosevelt held a whispered
conference with Attorney Van Ben-
schoten.
"Mr. Belden and ourselves are not
very far apart,” said Van Benschoten,
addressing the court. "Newspapers,
however, do not always tell the truth
and reports can not be admitted un
less it is first shown that Mr. Newett
had read the newspaper or heard the
report in question. If Mr. Newett
takes the stand and swears he had
;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 be that 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 or
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.' ”
"I shall so confine myself.” said
Mr. Pound.
“I shall show your honor the King
of England sued a newspaper fvr
libel for claiming that the King was
a bigamist because, while prince, he
married a daughter of an admiral of
the fleet before he married Queen
Mary.
‘Would it have been a defense to
say that defendant knew nothing of
tom, he explained, to receive callers
while he was being shaved each
morning.
Following the expiration of the
Colonel’s term as President, the cor
respondent continued, he met him at
Khartoum upon his return to civili
zation from Africa: accompanied him
on the greater part of his Continental
tour, and upon his return to the Unit
ed 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.
Q. From that acquaintance wha’t can
you say as to whether or not you ever
saw him under the influence of liquor?
—A. Not only have I never seen him un
der the influence of liquor, but such a
suggestion seems to me silly.
Q. Ever see him drink?—A. I have
seen him drink a small stent glass of
champagne at dinners. He never drank
more than me glass.
Q. What is the Gridiron Club?—A. An
organization of newspaper men in Wash
ington. organized to receive distin
guished men. It gives two dinners a
year.
y. Are there official dinners in Wash
ington 9 — A. Four dinners and five recep
tions given by the president are official
Q. Is liquor served at these?—A. At
the dinners—seldom at the receptions
during Mr. Roosevelt’s term.
A wordy skirmish between counsel on
the two sides in the case, in which
Judge Flannagan entered, was caused by
an objection to one of Attorney
Pound’s questions. Judge Flannagan
ordered Attorney Pound to beg Attor
ney Andrews’ pardon. The cross-ex-
amiantion of 0’l>aughlin w'as by At
torney Belden. chief counsel for Newett.
Main Witness Faces Arrest.
James Martin Miller, depended
upon as the chief witness for the
defense, will not Appear on the stand,
it was learned to-day. Instead a
deposition by him will be read to
the jury.
When it W’as 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.
1 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.
Family Has Heard
Nothing of Martin
MEMPHIS, May 28.—Despite ru
mors that Joseph W. Martin, presi
dent of the Martin-Phillips Company,
whose mysterious disappearance in
London was followed by the failure of
the company, had communicated with
his family, his relatives still deny that
they have any information as to his
whereabouts.
The family about two weeks ago
settled debts of the firm of Martin-
Phillips Company amounting to about
$180,000. Following this action it was
rumored that Martin would return.
Gibson Slaying Case
Near Jury’s Hands
NEWBURGH, X. 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.
Justice Tompkins announced to
counsel that he was very anxious to
have the case In the jury's hands be
fore night.
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 Department 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.
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.
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 1t to-day in usual liquid form or
in the tablets called Sarsatabs.
We have Beautiful Bedding
Plants 3c each. Atlanta Floral
Co., 555 E. Fair Street.
White City Park Now Open