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THE ATLANTA GEORGIAN ANT) NEWS.
PM EXPECT'
T; e Georgian-American Pony Contest
VOTE COUPON
Sweeper, Under Fire of Ques-j
tions, Admits Being in Factory !
on Day of Slaying.
Continued From Page 1.
Hearst's Sunday American and Atlanta Georgian
PONY CONFEST VOTE COUPON. WEDNESDAY, MAY 28, 1913
5 VOTES
NOT GOOD AFTER JUNE 12, 1913.
Vote for
Address
CARRIERS' AND AGENTS' BALLOT.
"In a ft*v\ minute* he romp down
arul 'eft t: <• huflding fo good Then
cant* another lady. She work* on
the fourth* floor for Arthur White.
She was upstairs six or seven min
utes. Then she came hack flown w ith
her money. She stood by me and to r e
open the envelope and counted the
money. Then she left the building
and for about fifteen minutes there
was no one pausing me
H«ard Frank Whistle.
"I sat down on the box and put my
head against the trash barrel and
stretched my feet out'w ith my hat in
my lap. I don’t know' whether 1 went
to sleep or not.* The next thing I
knew 1 heard Trank’® whistle twice.
Just like this (Imitating whistle). 1
w ent upstairs The double doors were
closed. Prank was standing at ’he
top of the steps. He said, ’! see you
heard me, all right, and l s.'iid ‘Yes.
"Prank 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 first office
Into his private office, came back and
shut the door into the outer offii •
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 ue
came back he pulled out a round
chair.
"He brought the chair for me to sit
in Then he closed the door and asked
me tp address a letter ‘Dear Brother.
Then h»- asked me to write some
things for him. I don’t remember all
of it. hut I remember one of them was
thi> That long tall black negro did
tt by hisself ’ ! w rote these things at
his dictation Then Mr Frank patted
me on the Track and said that I was a
good boy Then he handed me a box
of cigarettes and 1 took them.”
Vital Evidence Kept Secret.
From this 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
and ten minute- after 1 o’clock, went
hack to Peters Street and then w-ent
home.
Chief Fanfold read the above which
he said was about half of the affida
vit. The chief said that he had only
given out the unimportant details,
leaving It to he inferred that Conley
had given vital evidence.
Harry Scott intimated that the ne-
g o's affidavit Wednesday morning
had practically cleared the mystery
and was the most important hit of
evidence in the hands of the State.
At 2:4T» o’clock the negro was taken
into the chief's office for another
sw eating.
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 his 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 steadilv maintained that
he was on Peters Street between TO
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 ,ii 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
t’onley be could have gotten impor
tant information.
The police questions were, of course,
all put with the idea of 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, sc
that Conlej's 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 Beaver® said that the
plan to confront Frank with Conley
would not be carried out to-day and
that its wisdom was doubtful, as. of
course, Frank could not he 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 his 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
l>een asked to write the contents of
the death notes and hud spelled night
watch” as it was in the note, "night
witch," anu "self" with the 1" and "e"
transposed as in the notes. What
all this shows, in view of the fact
that the same officials had an
nounced that they had conclusive
evidence by “experts" and that Frank
wrote the notes, is not plain
Conley was also confronted by
Genera! Foreman X. V. Dailey in the
presence of Detectives Black. Scott
and Lanford and the negro made im-
portapt admissions that will no doubt
force him to admit his guilt.
Conley admitted that he sat at the
elevator shaft on the first floor \i
12:30 on the afternoon of the murder
and saw Dailey in company with Miss
Smith descend the stairs. Conley
■described Miss Smith as wearing a
iincoat and Darley with his coat on
with no hat. Darley stated that
both descriptions were absolutely eor-
ct in every particular. Strange
to say, neither Darley nor Miss Smith
saw Fie negro, for he was seated in
Die shadow of the steps and never
made h sound.
that after Darley came
n stairs with Miss Smith i.e
ed to the door with her and then
Tied and ascended the stairs.
Darley says is true,
ortly after this Mis. Albert
into the factory to see
and get some money *to
Her husband. Albert
at work on the fourth
- assistant foreman and
ny Denham. Mrs. White
p saw a negro who sat
the foot of the eleva-
Hearst ’s Sunday American and Atlanta Georgian
Pony Contest Vote Coupon, Wednesday, May 2E, 1913.
5 1/ATCC not good after
VVf I JUNE 12, 1913.
Vote for
Address
SCHOOL ROYS’ AND GIRLS’ BALLOI
‘T. R. Averted War With Japan’
Witness Says Fleet Turned Trick
v®v
•> • *’*
v# V
v • V
Defense’s Mainstay Faces Jail
dovv
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 line® 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 he
satisfied 1f 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 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 95,000.
"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. "1 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 I have felt very
much cramped in getting out depart
ment bulletins and publications."
He commends the work of the Slate
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 ('attie.
Woman Badly Hurt
By Fighting Gats
—^ .—
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
WASHINGTON. Mav 28.—The
United States has more accident »1
deaths among Government aviators
than any other nation, save Italy, of
ficial 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.
MRS. EDESON IMPROVES. '
s- lUTHAMPTOK N v May 88 -
The condition of Mrs. Robert Edeson,
wife of the actor, w ho is confined in
a hospital here, to-day was reported
improved.
Tb
White went
her husband
buy a dress
fl
or with t!
machinal, H
say? that si
Imipo
toi
(haft a a she entered
ne
factory.
She eou'd 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 tiie negro denied being
there w hen questioned by him. N xw
Conley admits that be was there.
Holloway believes that had not
Dailey escorted Miss Mattie Smith
down stairs that she and not Mary
Phajain would have been the victim.
ODD FELLOWS OF
Establishment of Fraternity Home
Question Before Savannah
Grand Lodge Meeting.
SAVANNAH, GA. May 28.—The
Grand Lodge of Odd Fellow s 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 info
executive, session.
Simultaneously the Daughters of
Rebekah, the woman's auxiliary of
the Odd Fellows, met in grand ast'ein-
bly ht Odd Feliows’ Hall. A good
deal of politics 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 Fellow? 1 ’ 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 arrays
ment the Odd Fellows have a pension
plan, but It is said that this is not
satisfactory.
There are 2,500 Odd Fellows amr
300 Rebekahs 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 at
Bessie Tift College camb to a close
and each departing train has been
filled 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 clans was w on
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 Hull, of Forsyth, and
for excellence in domestic science, by
Miss Louise Marshall^of Tennille.
The baccaulaureate address was de
livered by Rev. Alex W. Dealer, of
Eastman. The diplomas were deliv
ered by Dr. i\ H. S. Jackson, presi
dent of the college.
American Wins in
English Golf Meet
Special Cable to The Atlanta Georgian.
ST ANDREWS. SCOTLAND. May
28.—W. Heinrich Schmidt, ot Worces
ter. Maes., once again demonstrated
his golfing prowees when he to-day
defeated Captain A. V. Hambro, of the
Royal St, George's Club, one up.
Harold Weber, of Toledo, Ohio, th,
other American who si vived the tir.-.
three days, was eliminated to-day.
Senate Can Quiz
McAdoo on Tariff
h ASH1NGTON, May 28. Perry
Belmont has called the attention of
f'ne 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 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 th call Mr. McAdoo and ask
for the benefit of his opinion
Atlanta Teachers'
Tests, August 15-16
Superintendent of Schools Slat n
announced Tuesday that an examina
tion will be conducted August 15 and
16 fo: applicants for positions in the
city schools. %
All teachers who propose to take
re-enforcine examinations, all w ,-»
des re to improve on old records an I
all new applicants are invited to ap
pear for the examination in August.
A wonderful magazine given
. FREE with every copy of the
1 next Sunday American.
Sheriff Suspects Victims in Trag
edy in Lonely Country Home
Were Slain.
Continued From Page 1.
j An open knife was found under the
j 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 aahes 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 1 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 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.
Find* 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 ther* was a human
form. I looked about and soon found
another form. Both were charred and
beyond recognition.
I 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 hqnte'J
over the ruins until the police came.
We found the shotgun, the iron parr
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
Boy Had Quarreled.
Mrs. L. G. Seif’s statement to the
police authorities regarding the visit
of Nellie Stevens to her home with
Wade Stevens’ clothing, directed sus
picion to the boy.
"Nellie came to my house in the
late afternoon," said Mrs. Self. "She
carried a bundle of men’s clothing
with her and asked me to keep the
clothes that flight. She said that her
brother and her mother had had an
altercation.
"It seems that Wade wanted to
leave home and his mother nod ob
jected. From what Nellie said. I 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, East Atlanta, declared Wed
nesday afternoon that* he had met
Wade Stevens and another boy named
"Red” Merchant at Five Points* at
8 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 hoys 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 made by a
neighbor to Sheriff McCurdy.
The person slid that Mrs. Stevens
had told of hearing a noise in the
rear of the house one night and that
upon going out to investigate it. saw
« man jump from the back porch to
the ground and run off Into the woods.
Mrs. Stevens shot at the retreating
form with the same gun which was
found near her body in the ruins
Police authorities place much impor
tance in this information as a possi
ble clew to the murderer.
Evidences that a*horse had 'stood
for some time Tuesday night about
50 yards from the house were dis
covered. Hoof prints were found
where the animal had kicked up the
turf. Also traces of a person’s foot
steps were discovered nearby, which,
from the great distance they were
apart, proved that the person was
running. These footprints lead from
the house towards the woods nearby
and are so plain as to be easily fol
lowed.
Chief of Police Reavers sent th?
following telegram to Fred Hill,
Chief of Police at Chattanooga,
carrying: word of the tragedy to Wil
liam Stevens, the husband and father
of the murdered women;
"Please locate William Stevens,
care l\ C. V. Advise him that his
house has been destroyed by fire and
that his wife and daughter were
burned to death. Tell him to return
immediately."
Trustees to Learn
Of Mercer Friction
wyer 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
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 R >oseveit’s drunkenness
were true.
"Dr. Abbott re. ognized the exist
ence of such reports and deemed it
. worth while to answer them in The
I Outlook. Therefore, we have a right
to show the existence of these reports
l as showing good faith and absence of
! malice on the part of this defendant."
"We shall not claim,” said Attor-
I ney Pound, "any vindictive or puni-
Itorv 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.
I "That means." said the court, "only
m LAND®
jnJ Grostert S)b2s/jWye/
Jk SCARLET PLAQtU
FRIE MAGAZINE
GIVEN WITH NIXT
SI0WAMU
the facts, but had heard rumors to
that effect? The court held it would
net."
At this point Judge Flannagan ad
journed court until 2 p. m.
T. R. Coin® 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’Laughlln, Washing
ton correspondent for a Chicago
newspaper, the first witness called,
devoted tiie 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’Laughlln 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 ao session of
the court on Memorial Day. hut that
a full day’s work would be done Sat
urday.
Known Him Manv 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
suade^ 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-
Strong Protest Against Oriental
Exclusion Is Sent Protestant
Churches in America.
NEW YORK. May 28.—The attitude
of the American missionaries in Ja
pan toward the California alien bill is
Contained in the following resolution
received here to-day by the Rev.
Charles H. McFarland, secretary of
the Federal Council of Churches of 1
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 th®
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.
Colonel Roosevelt and. at top. George Xewett, who is being
sued for libel; at the bottom? Judge Flannagan, who is presiding
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-
i , , . ., . fore, we have a right to show there
, of war with Japan during the admin- j wa8 no ma lice and we purpose to of
Deposition, Said to Accuse Roose
velt of Being Drunk, Will
Be Read to Jury,
MARQUETTE. MICH.. May 28.-
That there was very serious danger
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 jyith th* 4
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.
M WON. 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. V .laine-
sor. 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 ami reserved until the trustees
met.
President .lameson has declined the
presidency of Ouachita College, at Arka-
delphia. Ark.
Jack London's new story,
“The Scarlet Plague." begins in
| the American Monthly Magazine
given free with every copy of
, next Sunday '^American.
Istration of Theodore Roosevelt and
that the Chief Executive met the
danger and averted war by sending a
Meet around the world was the state
ment of John Callan .O’Laughlln, 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 Ishpeming Iron Ore.'
"Did you seriously mean that there
was 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 not.
The jury was sent from the. room
while the attorneys argued on the
admitting of testimony concerning
published reports about Colonel
Roosevelt’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."
"We shall show,” he said, "that tins
defendant heard those reports and
that this plaintiff did not deny them.
Roosevelt has been the most talked of
man in this- country, and if reports of
nis drinking have been so common as
we shall show, he could not he 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 Cbunty, in this
country and in the civilized world. Ir.
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 so
briety was good before the publication
of this article by the defendant.
Disclaims Any Malice.
"Mr Pound is an able lawyer. No
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
thfit of Dailey vs. Kalamazoo Pub
lishing Company in the Supreme
Court.”
Cites Parallel Case.
He then cited the case.
Colonel Roosevelt held a w'hispered
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
id 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 uhafracter 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
say:
“Counsel will please confine himsalf
to the two questions here at issue,
which are:
State's Points at Issue.
" 'May defense introduce evidence
of reports and repute.tion 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
o f England sued a newspaper for
libel for claiming that the King was
a bigamist beoause. while prince, he
married a daughter of an admiral
the fleet before he married Queen
Mary.
"Would it have been a defense to
say that defendant knew noting uf
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 swing 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 what can
you say as to w’hether 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 stem glass of
champagne at dinners. He never drank
more than ne glass.
Q. What is the Gridiron Club?—A. An
organization of newspaper m«-n in Wash
ington. organized to receive distin
guished men. It gives two dinners a
year.
Q. Are there official dinners in Wash
ingtonA. 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 tw’o 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-
anliantion of O’Laughlin was 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 dppear on the stand,
it was learned to-day. Instead a
deposition by him w r Hl be read to
the jury.
When it was announced that Mil
ler would testify at the trial that
Ccrtonel Roosevelt was intoxicated at
a dinner given for former Speaker
Cannon, a telegram came to Mar
quette requesting that Miller be ar-
I rested and detained until an officer
j could arrive from New York, where
I a charge of grand larceny had been
j made against him.
I It was then announced that Mil-
i ler’s depositfbn would be read in
court, and that Miller would remain
i at his home in Minot, N. Dak.
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,
w'hose mysterious disappearance in
London was followed by the failure of
the company, had communicated with
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, N. Y.. May 28.—
Summing up began here fb-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.—Tha/*
many a gallon of liquor has failed 'in
its mission as the result of raids con- i
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.
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.
oods
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the return of warm weath
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the blood.
Get it to-day in usual liquid form or
in the tablets called Sarsatabs.
We have Beautiful Bedding
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i
White City Park Now Open