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

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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. pur uiuudjo; iuB)t|Sftt aqj qjj.w jooy qunoj am uo jr hr.w 'd)|q^ ;j«»qiy ‘puvqenq japj 'Ks^jp n Anq oj Aauoui autos put? puBqtnq jaq 998 oj Ajojdb; aqj qjuj juaw ajjtj,\\ paqiv S-i W ^IJJoqg anjj h| haws Aoijbq sjqj, aqj papua.mib pm? paujruaj | M lOOp *l|. 0% pO]|piM | H j miuis «SJK MM" 8JJRJ8 UMOp 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