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2 PLAN BIG FIGHT ON PAYING HELD BY PAINTED Continued From Page 1. ber of his immediate family—his wi/c or daughter—or his firm. The total amount was divided about equally between them. Some two or three months ago, it has been reported to the life insurance companies concerned, Painter began taking chloral, per haps for nervousness. It is charged that shortly before his death, he became a very heavy us. r of the drug. When his body was recovered from the St. .Johns River, and the suspicion that all was not right became fixed in the minds of the insurance companies, it was determined to set on foot a rigid probe of his death, and its cause, also all the circumstances bearing upon it. Paid No Heed to Reacuera. Although Painter was an expert frv. immer, when he fell from the ferry boat. he Is said to have sunk like a log. A rope was thrown to him, but he paid no attention to It He had been coughing violently Ju*t before he fell Into the water, and It was to relieve this cough that he la supposed to have taken chloral. Ap parently, so those on the boat say, the man was dead before he struck the water. It Is theorized that his system had been overwhelmed with chloral, and that his death was directly due to that drug, rather than to drowning. These initial circumstances were suspicious enough in the eyes of the insurance companies, and they pro ceeded to a calm and deliberate In vestigation, before authorizing the payment of the policies. Their decision to have the dead man’s vital organs analyzed for the purpose of determining Just how much chloral there likely was In his system at the time of his death was in line with the advice of their medi cal and legal advisers. Now that the dead man’s organs seem to have dsl- appeared, however, it appears more than ever to the companies that there was something queer about Painter’s, end. Insurance Inspectors Active. The medical report is not expected here for another tw'o days and the Coroner nor others interested will take any further action until it is re ceived. A certified copy of this report will be placed in a safety deposit box at the Itarnett National Rank, so that those who have valid reasons to ex amine it may do so when proper au thority is secured from the Coroner. No sooner had the sudden .and mysterious death of Painter become known than inspectors and special agents of the insurance companies carrying policies on his life began to arrive in Jacksonville. There were a dozen or more here and they made in dividual and collective Investigations. But they, like the Coroner, are await ing the Baltimore report before tak ing any action to contest or pay the policies. The general impression in insur ance circles is that the Mutual Life will make the first move, Painter hav ing secured $502,000 insurance in that company. Those with smaller poli cies will look to the Mutual to deter mine their course of action. Indications are, however, that the insurance companies will contest un der the first-year suicide clause in corporated in mo.ri policies. If this is done it promises to be the biggest piece of insurance litigation ever fought out in the South and one of the biggest in the whole country. Dead Man Was 52 Years of Age. Painter was 52 years and 6 months of age when he died. He was a na tive of New York State, but had been in business In Jacksonville about fif teen years. As editor of a farm jour nal he became interested in the ferti lizer business and established the E. INSURANCE POLICIES TOTAL $1,134,000 Of Painter’s total insurance, *1,- 134.000 of it was distributed as follows: LIFE POLICIES. Mutual Life $ 502,000 Equitable 190,000 Penn Mutual 100,000 New York Life 100,000 Fidelity Mutual 70,000 Union Central 50,000 Prudential . .. . .. 12,000 Fraternal and miscellane ous 50,000 Total life $1,074,000 ACCIDENT POLICIES. Travelers $ 20,000 Employers’ Liability .... 15,000 U. S. Fidelity and Guar anty - 10,000 Preferred Accident 5,000 Illinois Commercial Men’* Association 5,000 Travelers’ Protective As sociation 5,000 Total accident $ 60,000 Total insurance $1,134,000 O. Painter Fertilizer Company, be coming its president. This company is capitalized at about $300,000, though its actual value is said to be about $100,000. With Painter’s stock in the com pany, his handsome Riverside Drive home and other interests, his estate is valued at about $150,000 and his in-* come at $25,000 a year. In striking contrast to this income is the fact that the combined annual premiums on the insurance he carried at the time of death amount to about $60,000. The first year’s premiums on the million dollars new insurance were paid almost altogether in notes not yet matured and in stock in his fer tilizer company. The policies were made payable to his wife, daughter, estate and the fertilizer cbm pan y. Much of the stock has been resold by the insurance agents and the notes discounted by Jacksonville hanks, practically every financial institution here holding some of the paper. The effect of his death in business circles can therefore be readily seen. Real Conditions Kept Secret. The Jacksonville papers have given but want publicity to the case, for fear of creating a panic and injuring, business conditions. Painter was considered a perfect or nearly perfect physical specimen. He was a pillar In the most fashionable Baptist Church, a leader in the Y. M. C. A., and active in Board of Trade circles. He was considered a most ex emplary citizen and was looked upoit with the utmost confidence in busi ness circ’es. When Painter met his death he was aboard a ferryboat crossing the river to his fertilizer plant. He stepped to the edge of the boat and went over In midstream. A lifeline was thrown to him, but he apparently made no effort to grasp it, sinking, with the rope grazing his arms. The first theory was accidents Suicide suspicions w r ere aroused when the insurance men became active. Painter Policies All Taken Out Recently At a meetin* of insurance men in Jacksonville to consider the policies held by Painter in the sum of 11,178,- 000. the following schedule of risks was submitted, showing that nearly ail the policies were taken out within the past live months: $50,000. T’nion Central; ordinary lif . dated April 8. 1913, payable to es tate. Policy delivered May 14, 1913. Some delay in issue. Mr. Painter ap plied for $92,000. which is the com pany’s limit -it his age. 53. Only $50,- 000 was issued. He gave a note due April. 1914. In paymen. of the pre mium $3,000. Penn Mutual; ordinary life, issued November 17, 1911; payable to Martha S. Painter, wife. $50,000, Penn Mutual; fifteen-year term, issued February 24, 1913, pay able to Martha S. Painter wife. A note was given for part of premium, and an amount supposedly equal to the agent's commission in stock of the E. O Painter Fertilizer Company for the balance. $47,000. Penn Mutual; ordinary life, issued April 18, 1913; payable to es- White City Park Now Open LOW ROUND-TRIP RATE TO BALTI MORE VIA SEA BOARD. $*0.55 from Atlanta, correspond ingly low rates from other points, on sale June 6, 6. 7. Through ; trains, electric-Ugh ted steel sleep- - 1ng and dining cars, observation ; car*. City Ticket Office. 88 Peach- < tree. fate. Note due August 23, 1913, given for the premium. $12,000, Prudential; continuous In stallment, date May 3. 1910; payable to Okie Painter, daughter. 560 per month. The third premium was due on this policy May 3, 1913 ? Premium was not paid and was on grace period at the time of insured's deuth, May 22, 1913. $50,000, New York Life; issued March. 1912, payable to Martha P Painter, wife, and Okie Painter, daughter. $40,000, New York Life; March. 1913. payable to Martha S. Painter, wife, and Okie Painter, daughter. $10,000, New York Life; an old pol icy, in force for some years. Note for Premium. $(0,000, Fidelity Mutual; ordlnarv life, issued April 21, 1912; payable to Martha S. Painter, wife, and Okie Painter, daughter. Note given broker in payment of the premium. Note due June 15. 1913. $2,000. Mutual Life; date. January 25, 1S91; payable to Martha S. Painter, wife Policy bears a loan of $933. $12,000, Mutual Life; date. February 3, 1913; payable to Martha S. Painter, wife. A note due in twelve months from date given in payment of this premium $12,000, Mutual Life; date, February 3. 1912; payable to Okie Painter, daughter. A note due in one year from date given in payment of this pre mium. $50,000, Mutual Life; date, March 15 1913: payable to E. O. Painter Fer tilizer < ’ompany. Note due one year from date given in payment of this premium. $100,000, Mutual Life; date, March £7, 1913; payable to Martha S. Painter, wife, and Okie Painter, daughter. A note due January 1, 1914. given in pay ment of the premium on this policy. Stock for Premium. $50,000, Mutual Life; date, April 4. 1913; payable to Martha S. Painter, wife. Premium on this policy paid with stock in the E. O. Painter Fer tilizer Company. $25,000, Mutual Life, date, April 4, The Georgian-American Pony Contest VOTE COUPON Hearst’s Sunday American and Atlanta Georgian PONY CONTEST VOTE COUPON, TUESDAY, JUNE 3, 1913 5 VOTES NOT GOOD AFTER „UNE 18, 1913. Vote for Address CARRIERS’ AND AGENTS’BALLOT. Hearst’s Sunday American and Atlanta Georgian Pony Contest Vote Coupon, Tuesday, June 3, 1913. i 5 VOTES NOT G00D AFTER JUNE 18, 1913. Vote for Address . SCHOOL BOYS’ AND GIRLS' BALLOT. 1913; payable to Okie Painter, daugh ter. Premiums paid on this policy with stock In the E. O. Painter Fer tilizer Company. $75,000, Mutual Life; (life, April 23, 1913; payable to Okie Painter, daugh ter. Premium on thi* policy paid with stock in the E. O. Painter Fer tilizer Company. $50,000, Mutual Life; date, April 23, 1913; payable to Martha S. Painter, wife. Premium on this policy paid with stock in the E. O. Painter Fer tilizer Company. $126,000. Mutual Life; date, May 2, 1913; payable to Martha S. Painter, wife, and Okie Painter, daughter. Premium on this policy paid with stock in the E. O. Painter Fertilizer Company. $50,000, Equitable; date, April 23, 1912; payable to the E. O. Painter Fertilizer Company. Second premium on this policy wap due April 23, 1913, and was on the 31 day5*’ grace period, which had only two days more to run on the day of Mr. Painter's death. Another $50,000. $60,000, Equitable; date, April 23, 1913; payable to Martha S. Pathter, wife, and Okie Painter. daughter, each, $1,250 per year for twenty years. Premium on this policy was paid with stock in the E. 6. Painter Fertilizer Company. $10,000, Equitable; date, April 23, 1913; payable to Martha S. Painter, wife, and Okie Painter, daughter. Pre mium on this policy paid with stock in the E. O. Painter Fertilizer Com pany. $50,000, Equitable; date, April 7, 1913; payable to executors, adminis trators or assigns. Premium on this policy was paid with stock in the E. O. Painter Fertilizer Company. $15,000, Equitable; date, April 7, 1913; payable to executors, adminis trators or assigns. Premium on this No Analysis Made Yet, as Vital Organs Are Missing BALTIMORE, MD., June 3.—-A heart, a stomach and two kidneys, once the vital organs of E. O. Painter, the fertilizer man of Jacksonville, Fla., are missing somewhere between Jacksonville and Baltimore. They were suppowd to have ar rived aUthe Johns Hopkins Hospital Saturday for the purpose of analysis. That day the physicians of the hos pital received word that they had ar rived In the city, but when they were not delivered at the .hospital some hours later a search for them was in stituted which, to date, has proved vain. Arrangements for the analyzing of the organ?' were made at the Hopkins early last week by a Redmond C. Stewart, who said, according to the hospital authorities, that he repre sented the Prudential Life Insurance Company. Stewart said at the hospital that Painter had died suddenly and under rather unusual conditions and held the theory that he might have com mitted suicide. The insurance com pany had demanded an analysis of the organs, he said, before entering negotiations* for the payment of the policy which the deceased held in that company. Johns Hopkins authorities agreed to make the analysis, and Saturday being the date set for examination, everything was placed in readiness for the analysis. They are still wait ing. At the offices of the Prudential company in this city absolute igno rance of the shipment to this city of the organs is professed. They say. however, that the arrangements for the analysis might have been made by a representative from the home office of the company at Newark, N. J. ENTRIES AT LOUISVILLE. FIRST —Selling, two-year old fillies. 5 furlongs: xltose Ring 90, Woof 96, Ada Kennedy 98. Ovation 99, Caution 100. Edith \V. 100, Frances M. 103, Ave 103. Rosa Mundi 103. Miss Charcot 105. Ada 106, Lady Innocence 106. SECOND Selling. throe-year-olds and up, 6 furlongs; Kiva 93. Theresa (Jill 96. Coy 101, The Grader 103. Mack H. Eubanks 104, Duquesne 105, Chapul- tepec 107. THIRD Allowances, two-year-olds. 5 furlongs; Brigs Brothers 100. Bandit 100 Roamer 100, Old Rosebud 115, Little Nephew 118. FOURTH Selling, speculation stakes, mile and one-sixteenth: xBenanet 88. Star Jesamine 99. Gay Bird 103, Capitan Binvo 104. Milton B. 105, White Wool 108. xxEdda 109, Princess Callaway 112, xxH&mllton 113, Melton Street 114. FIFTH Selling, three-year-olds and up. 6 furlongs; Chinook 93, Wave Ring 9(, Automatic 102, Henry Ritte 103, Cash On Delivery 104, Winning Witch 108, Amoret 108. Merrick 115. SIXTH Selling, three-year-olds, mile and 70 yards: Billy Holder 103. Bally- she 105. Jacob Bunn 105, Oarpatha 105, Harry Lauder 107, A1 Bloch 11(1. xApprentice allowance claimed. xxJ. W. Schorr entry. Weather cloudy; track slow AT MONTREAL. Blue Bonnet Entries FIRST—Two-year-old maidens. 4H furlongs: Scarlet letter 106. Peacock 108, Petty Began 111. Laura 111. Dolly Walters ill, Fuzzy Wuzzy 114. Diamond ("luster 106. Trancinin 108. Tempest 111, John Marshall 111, Kettledrum 114. SECOND Two year-old maidens, 4*4 furlongs: Irish Harmony 105, xSinsin 109. xCornbrooni 109, Coburg Belle 109, Old Reliable 112, Boozer 112. (xCou- pled.) THIRD — Handicap, three-year-olds and up. 6 furlongs: Chuckles 98. Carl ton G. 103. Hoffman 105. Upright 106. Flabbergast 108, Sherwood 116. FOURTH -Handicap, three-year-olds and up, mile: Magpie 92. Lindesta 98. Amberite 102. Calumny 103. Caper Sauce 112, Havrock 117. FIFTH—Steeplechase, about 2 miles: Bally Hack 130. Young Morpheus 113, Dr. Heard 143. Luckola 14:*, l^ampblaVk 134. Bronte 140. Guncotton 149. SIXTH—Three-year-olds anil up, sell ing. 6 furlongs: xArdelon 95. Coeur D’Alene 101. xLord Wells 108. Nimbus 107, Frog 112, Magazine 119, Brynary 101. Fred Levy 106. Thrifty 108, Cos grove 112, Chuckles 115. SEVENTH--Three-year-olds and up, selling, mile and one-eighth: Big Dip per 9.3. xBarn Dance 101. Lad of Lang- don 10G S Cutty Hunk 109. L. M. Eckert 109. Naughty Lad 112. Mimesis 95. xlack l axton 103. xEddie Oranev 107, xStairs 109. Apiaster 109, Effendi 114. xApprentice allowance of five pounds claimed. Weather clear; track fast. / AT BELMONT. FIRST Three-year-- 14s and up. sell ing. 7 furlongs: Ambrose 109. Montres- Sor 102. Scall\ Wag 110. xLost Ball 110, xWorking Lad 113, Ella Bryson 112. SECOND Three-year-olds, handicap, mile: Meridian 126. Yankee Notions 101. Guy Fisher 108. Light O’ My Life 116. Beaucbup 100, Bard of Hope 95. Lohengrin 89, Sam Jackson 100, Breaker Boy 90. Also eligible: G. M Miller 110, Star Bottle 100. The Turk 117, Ualan- quln 98. Col. Holloway 97. Bob R. 104. THIRD Three year-olds and up, sell ing. mile and one eighth: Daingerfield 103. Star Gaze 105. Reaucoup 108, xPliant 96. El Oro 110. War Horn 106. FOURTH Two-year-olds, five fur longs: carl 112, Gainer 112. El Bold 105. King McDowell 108. Master Joe 108. Punch Bowl 112. Fathom 108 Uncle Mun 108, Black Broom 105, Golden Chimes 112. . FIFTH -Four - year - olds and up. Steeplechase, about 2 miles: xCountrv Guy, 152 Delirium 152. Adventuress 130, Nosegay 132, Brosseau 132. Rapid Flight 130. SIXTH Two-year-olds, selling 5*^ furlongs: xOld Cross 100. Private Cheer 100. brentier 108. Nordecai 105. Stone Hedge 105. Lady Grant 105. Water I.adv 105, Transformation 108. Edna Leska 105. x Apprentice allowance claimed. Memphis Grand Jury Probes Martin Case MEMPHIS, TENX.. June 3.—Attorney General Estes to-day admitted that the Grand Jury was examining witnesses with a view to finding an indictment against Joseph W. Martin, former pres ident of the Mart in-Phillips Cotton Company of Memphis, which went into (he hands of a receiver after Martin's disappearance in London. Estes would not say for what of fense the indictments might be found D R. HERBERT S. BIGE LOW, of Cincinnati (at top), Dr. Thomas E. Green, Chicago, and Dr. P. P. Clax- ton, U. S Commissioner of Ed ucation, who will speak dur ing Tech’s commencement celebration. policy was paid with stocks in the E. O. Painter Fertilizer Company. $15,000, Equitabdle; date, April 7, 1913; payable to executors, adminis trators or assigns. Premium oh this policy was paid with stock in the E. O. Painter Fertilizer Company. $50,000, Fraternal organizations and in small policies generally distributed. Accident Insurance. $5,000, Travelers; date, June 2, 1905; payable to Martha* S. Painter, wife. This policy has fully accumulated, bringing it up to $7,600, the doubling clause rendering the maximum bene fits thereunder of $15,000. $15,000, Travelers; date, April 28, 1913; payable to Martha S. Painter, wife. Note for premium was given broker. Note due June 15, 1913. The doubling clause renders the maximum benefits under this policy $30,000. $10,000, U. S. Fidelity and Guar- antee Company; date, April 21, 1913; payable to Okie Painter, daughter. Premium not paid to company. Pre sume that insured gave the broker a note. The doubling clause on this policy places the maximum benefits thereunder at $20,000. $5,000. Preferred Accident; date, October 26, 1905. The doubling clause on this policy renders the maximum benefits thereunder $10,000, or more. $15,000, Employees' Liability; date, April 23, 1913; payable to Martha S. Painter, wife. The doubling clause on this policy raises the maximum ben- flts to $30,000. The insured applied for $30,000, doubling to $60,000. The company declined half of the amount applied for. The premium has not been paid, the broker requesting credit until early In June. (General agent granted). Broker stating that the insured asked him for credit until then. $5,000, Illinois Commercial Men’s Association. $5,000, Travelers’ Protective Asso ciation. But She Is Believed to Have Stuck to Her Story That He Was Home at 1:30. Minola McKnight, the negro cook at Frank’s home, made a w-ritten state ment Tuesday afternoon to the police following a cross-examination last ing ntore than an hour at the police station. The woman was questioned by E. H. Pickett and Roy L. Craven, both bf whom are employed at the hard ware store of Beck & Gregg. While the bearing of her statement on the Phagan case was not revealed, It is generally thought to relate to the ac tions of Frank and other inmates of his household on the morning fol lowing the murder. She is believed to have stuck to her story that Frank w'as home at 1:30, which is one link in the alibi chain the defense is forging. That Louis* H. Beck, foreman of the Grand Jury which indicted Frank, is co-partner in the establishment with which Piokett and Craven, the questioners of the negro woman, are employed Is believed to lend much significance to the cross-examination by the t\j*o men. This connection, however, was not made public. The cook was later released after her statement had been taken, and with her husband left for her Pulliam Street home. It was s*ald that she might be called as »a witness in the trial of Frank. Much as the detec tives attempted to shroud her evi dence in mystery, all the indications were that she had not materially changed her statement in favor of Frank. She was released on an agree ment with her counsel, George Gor don. “Developments of a startling nature may be expected from day to day in the Phagan case.” said Chief of De tectives Lanford Tuesday morning. "They may be expected right up to the date that the trial of Leo Frank begins. “That we feel we practically have a conclusive case against the factory superintendent does not mean that we are resting in our labors to the slight est extent. We are a little more al, rest in our minds, that Is all. “The detectives are working con stantly on new' clews that present themselves and are investigating every story that is heard, whether It is told by a witness favorable to Frank or against him. We wish to go into court prepared to establish our case against Frank so that not a doubt of his guilt will be possible. That is, of course, if It still appears at that time as certain to us that he is the guilty man as it does now. •With the continued activity of the detectives, it has become noticeable in the last few days that the defense is at work on its case. Both sides are preparing for a ti.tanic battle when Frank is put on trial for hi9 life the third week in this month. Frank’s cook is still held at police headquar ters. To Cite Time Differences. Differences in the tirpe given by Jim Conley in his affidavit and the testi mony of Coroner’s Jury witnesses will be pointed out in the defense of Leo M. Frank against the’charge of killing little Mary Phagan. it was revealed Tuesday. They will be used as indi cations of the superintendent's inno cence because of their many seeming deviations from fact. One of the most glaring was the negro’s declaration that while he Was in Frank’s office to write the notes Miss Corinthia .Hall and Mrs. Emma Clark entered. Conley said that this was 1 o’clock or a few minutes after. But Miss Hall had left the building more than an hour before, according •to her own testimony before the Cor oner’s* jury. “What time was it when you left the factory?” Coroner Donehoo asked Miss Hall when she tv as on the stand at the inquest. V quarter to -twelve,” she replied. “I looked at the clock when I came down.” The negro said that he looked at the clock when he went in the office and that it was just four minutes of i o’clock. He had been in there a few r minutes, he asserted, when the voices of Miss Hall and Mrs. Clark were heard. Another statement which will be re futed is Conley’s declaration that he assisted in taking the body from the second floor down to the basement on the elevator. To Testify Elevator Didn’t Run. Two witnesses will be called to prove that the elevator did not run that day at the time the body is said to have been disposed of. These two witnesses are Harry Denham and Arthur White. They were on the fourth floor from early in the forenoon until after 3 o’clock In the afternoon. If the elevator had been run they say they -would have known it. Tire experiment of running the elevator has beer, tried since the murder. It is said that it can not be run without the persons on the fourth floor being aware of it. The theory that will be presented by the defense is that Mary Phagan was the victim of drink-crazed Conley. From his hiding place near the stairs he saw her descending from the sec ond floor. She was alone. He quick ly stunned her with a blow* over the head, the defense will suggest, and toppled her down the elevator shaft, taking her purse and later disposing of her body. The alibis which the defense will seek to establish are, of course, the weapons on which reliance will be placed to complete the riddling of Donley’s testimony and affidavits. Frank had arrived home in the after noon at the time Conley says the su perintendent was dictating notes in his office, according to five witnesses the defense will be able to call. Conley described at length his al leged conversation with Frank in the factory office after 1 o’clock. Frank says that he arrived home for lunch eon at 1:20 o’clock and he is support ed in his statement by five witnesses Pageant Inaugurating Mid-Week Holiday Starts at Capitol on Wednesday at 1 o’Clock. The home of T. H. Knox. i'3 Kuhns Street, was robbed late Monday night. The thief got a gold watch. Clifford Howell, a negro, is held. Plans are completed for the mam moth parade Wednesday of the retail grocers and fresh meat men, marking the establishment of the midweek half-holiday. The parade will form at 1:30, head ing at Washington and East Mitchell Streets. The police force will head the procession, followed by the grand marshals, Harry L. Scltlesinger and D. N. McCullough, in turn followed by the Fifth Regiment Band in an auto truck. Wagons and automobiles of the hol iday committee of the retail grocers will be in line, escorted by their aids, Messrs. Cowan and Mosley, with tneir assistants’, Milderd Phelps, J. A. Word, H. A. Bishop and Ed R. Buchanon. The aides will be on horseback, at tired in picturesque costumes. Following the retail grocers will come the packing house floats, head ed by the Greater Atlanta Boys’ Club Band. Next will come the merchants’ and jobbers' wagons, floats and auto trucks. This division will be headed by Weidemeyer’s Band. Another division will include all manufacturers and their big wagons, which will be decorated. They will be in charge of Chief Marshal C. J. McCoy and R. H. Comer, with their ten assistants. The .rest of the trades manufacturers, retail wagons, cloth ing. haberdashers and laundry wagons will form in order to be arranged when the parade starts. The line of march will be from Mitchell and Washington Streets, down Washington Street to East Fair Street to Brotherton. down Brotherton to Whitehall. Whitehall to Peachtree. Peachtree to North Avenue, North Avenue to West Peachtree and back up West Peachtree. On the return march the grand marshals, with all their assistants and aides, will stop at West Baker Street, facing east, to review the parade, which will continue to Five Points to disband. Aides and assistants will meet the grand marshals at Washington and Mitchell Streets at 1 9’clock, where Anal instructions will be given. All wagons must be in line by 1:30 o’clock to take part in the parade. Frisco System Seeks Receiver in Memphis MEMPHIS. TENN., June 3.—An ex ecution against the Frisco Railroad for $4,000 was issued in Federal Court to-day to satisfy the payment of damages in a suit ending Decem ber, 1912. It is believed this move was made so attorneys of the road here may ask a receiver with jurisdiction in the United States District Court at Mem phis. ILLINOIS RETAINS GALLOWS. SPRINGFIELD. ILL.. June 3.—The Butts bill abolishing capital punish ment in Illinois was defeated in the House to-day. IS GALLED AN ACCIDENT Clews, First Taken as Slaying Evi dence, Believed to Strengthen New . Theory—Negroes Have Alibi. With an alibi practically proved by Walter Wilkes and Ernest Maynard, negroes held on suspicion in the Stevens ease, detectives who lare investigating the mystery are inclining to an accident theory to account for the burning of the Stevens home and the death of Mrs. Sarah C. Stevens and her daughter, Npllie. Detective Rosser, Sheriff McCurdy and Deputy Sheriff Livsey, of DeKalb County, working on the case, have finally learned the truth of the finding of the ax, hoe, revolver cartridge, the dis charged shotgun shell and other evidence, which it is claimed sus tains the theory of accidental death more than it does the theory of murder. The investigations of the of ficers, according to one of them, has developed the following facts: The a.x was found 60 feet from where the bodies lay, and the blade was imbedded In the ground. It was later carried into the ruins where the bodies lay. The v door—there was but one— leading from the hallway into Mrs. Stevens’ room was locked. The hoe was found In the hall way, nearer Mr. Stevens’ room than the room where the bodies were found. The exploded shotgun cartridge w’as found more than a hundred yards from the house, at a spot where it is said Mrs. Stevens had been shooting at birds. The exploded revolver cartridge w r R8 found a hundred yards from the house, at the edge of the road. It had not been in the fire at all. There was no truth in the re port that an exploded shell was found in the shotgun discovered in the bedroom. There w’as a shell in the gun, but the brass had melted and run into the barrel. It w’as impossible to tell w’hether it had been fired or discharged by the heat. Thinks Fire Cracked Skulls. F. W. Patterson, of the firm of H. M. Patterson & Son, the undertak ers w’ho prepared the bodies for bur ial, told a Georgian reporter Tuesday morning that he does not think the skulls were crushed. He said* it w^as impossible, owing to the condition of the bodies, to tell how Mrs. Stevens and her daughter w r ere killed. He de clared that the skulls of the women looked more like they had been crack ed open by the heat than crushed. Mr. Patterson said it is not an un usual thing for the bones of human beings to be cracked by the heat when caught in a fire. He said he could find, in a minute examination of the bodies, no traces of foul play. Neither of the bodies were examined by a physician. One of the officers declared to-day thfk* the hoe, supposed to he one of the weapons with which the murder—if there were a murder—was committed, was an old implement that had been under the house for several years. Sheriff McCurdy said that the hoe did not look as though It had recently had a handle in it. The band of steel which holds the handle In place was missing when the hoe was found, and has not been located. Theory of the Tragedy. Detectives declare that Mrs. Ste vens’ revolver—the one Wade Stevens took to Chattanooga—was .38 caliber instead of a .32, and that the cartridge found near the roa.d had been fired by Mrs Stevens some time previous to the burning of their home. The accident theory, based on the new developments, is that Mrs. Ste vens and her daughter, being fright ened \because they w’ere alone, had lockea the door of their room when they retired; that about midnight, when they were sound asleep, the house caught fire; that with the door locked they knew nothing of the blaze until it had gained considerable head way; that they arose from their beds, and. half-suffocated with smoke, stag gered to the door, forgetting that it was locked; that they had reached the door and couldn’t get it open; that they then started for the windows and were overcome before they could reach them. Sheriff McCurdy declared to-day that, in the light of recent develop ments in the case, the only circum stance that points to murder is the position in w’hich the shotgun was ly ing when found. It was as though it had fallen from Mrs. Stevens’ hand. It has been learned, however, that the gun habitually stood in a corner of the bed room, and the theory is ad vanced that when the flames exploded the shell the recoil threw the gun into the middle of the room. Police to Sift Evidence. Though all indications now point to accidental burning as the solution of the mystery, Sheriff McCurdy and De tective Rosser said to-day they will continue to work on the murder theory until it is exhausted or evidence ob tained to determine whether there was a murder or whether the women were caught in the burning of their home. Detective Rosser practically admit ted on Tuesday that the two negroes held under suspicion, Walter Wilkes and Ernest Maynard, had proven alibis. He is not yet through with his investigation, however, and the negroes will not be released until after their alibi is proven beyond the shadow of a doubt. Both men are now locked up in the DeKalb County jail at Decatur. Because not all of the crowd of farmers who gathered at the scene of the crime Monday afternoon were let in on the secret, a dramatic “third degree” to obtain a confession from Wilkes and Maynard not only failed of its purpose, but almost developed into a real lynching. The lives of the negroes were saved, it is reported, only when Chief of Detectives Lan ford appeared on the scene with drawn revolver, backed up by Sheriff McCurdy. According to a statement made on Tuesday by one of the members of tha “mob,” the lynching bee was framed by Chief Lanford, with the knowledge and consent of Sheriff McCurdy and a number of farmers. Ruse to Get Confession Denied. “The plan,” declared the “mob” member, “was this: Sheriff McCurdy and Detective Rosser brought the ne groes out to the Stevens farm, and after tying them to a tree, stepped behind the barn. Then the farmers who were in on the deal began threat ening the negroes, and the original plan was to get a rope and advance upon them, yelling that we were going to lynch them. Then Chief Lanford was to rush up and rescue the ne groes. It was hoped, to get a confes sion out of them while they were frightened. “But a number of farmers came out who were not in on the frame-up, and they were in dead earnest. The crowd carried the men to the barn and started to put a rope over a rafter when Lanford appeared. It is very probable that the negroes would have been hanged If he had not shown up.” Chief Lanford declared this morn ing that the lynching was not a frame-up, but declared a moment later that he thought the farmers were only going to frighten the ne groes. Detective Rosser declined to comment on the affair at all. He said he had not seen it and didn't know anything about it. BOND ratio Sentiment of Finance Committee Favors Half of That Amount for Public Schools. At the request of Chairman W. G. Humphrey, the finance committee will recommend to the General Council Thursday a bond issue of approxi mately $1,500,000, possibly $2,000,000, for needed city improvements. Only $500,000 was contemplated for schools, but this estimate may be raised. Chairman Humphrey had in mind schools costing from $40,000 to $60,000 in different parts of Atlanta, but another committeeman advanced the interests of a Girls’ High School. Alderman James E. Warren said a Girls’ High School was absolutely necessary, and that it would cost $200,000 at least. Other Councilmen mentioned needed colored schools. The trend of opinion at the end of the brief discussion favored $1,000,000 for schools. Nurses’ Dormitory Included. The projected nurses’ dormitory at Grady Hospital would be taken care of by the contemplated bond issue. New streets, street improvements, sewers and water mains would call for expenditure of large sums, so that If the ambitious school building proj ects are favored by the whole Finance Committee the recommendation to the General Council will be for $2,- 000,000. The Finance Committee adjourned to meet at 2:30 o’clock Thursday aft ernoon, just 30 minutes before the GeneraJ Council assembles. In the half-hour before the Council meeting, the Finance Committee will endeavor to decide on the amount of the bond issue. Leaders Favor Bond Issue. Strong members* of the General Council have expressed themselves as favorable to a bond issue. Among them is Judge Candler, who said he recognized the difficulties of getting bond issues approved, but still thought the step advisable. During discussion of the crematory proposition Monday afternoon, Coun cilmen and Aldermen made frequent reference to the need of a bond issue. The probable recommendation of the Finance Committee for an issue of $1,600,000 or $2,000,000 will, there fore, be regarded as a crystallization of the sentiment ir. favor of such a step. Hartwell Schools Close. HARTWELL.—After one of the most brilliant and successful terms in the history of the public schools of Hartwell, the term closed with a splendid program. # In the grammar oratorical contest the medals were won by Miss Alice Linder and Master Eugene Massey. In the high school they were won by Mr. Dan Magill and Miss Addie Harper. A WHOLESOME SUMMER DRINK Horsford's Acid Phosphate Better than lemon* or limes—healthful and delicious. Refreshes and Invigorates. Adv. I Wc have Beautiful Bedding Plants, 3c each. Atlanta Floral Co., 555 L. Fair Street.