Newspaper Page Text
4A
NEW ME IN j
PHAGAN CASE;
ST SOLICITOR
Dorsey Will Endeavor to Force
Defense to Disclose Their
Documentary Evidence.
ACT IS COUNTERSTROKE
Frank's Attorneys Said to Have
Affidavits Exonerating Frank
and Indicating Conley’s Guilt.
A sensaticnal Him in the Phagan
murder mystery, according to one of
the attorneys for the defense, will
develop next week when Solicitor
General Hugh M. Dorsey issues a
subpena duces tecum on Attorney's
Luther Z. Rosner and Reuben Ar
nold. citing them to produce all the
affidavits they have secured that
bear on the crime.
The movement Is In the nature of
a counteretroke to block the pending
srubpenaes duces tecum filed by the
defense citing the State to produce
all the affidavits that have been se
cured.
The defense strongly maintains
that It will win its point and that the
prosecution will suffer. The attor
neys say that the Constitution of th«
State clearly outlines the action of the
court in such matters— "that the de
fendant' is entitled to be faced with
all the evidence against him”—while
the prosecution will labor under the
handicap that “a defendant is inno
cent until he Is proven guilty.”
Dorsey Is Silent.
While no announcement would be
made by Solicitor Dorsey relative to
the contemplated subpena** duces .
tecum. It was intimated by him that
such action might be taken at an j
early date, and that when It was
the defense and the prosecution
would lock horns In the first decisive
battle in the sensational case.
Affidavits that are sought by the
defense are the three different sworn
statements of the negro, Jim Conley,
the affidavit given by the. negro cook
at the Frank home. Minola Mc-
Knlght. the Formby affidavit and the
affidavit of Monteen Stover, the girl
who stated that she entered Frank’s
office at a time when he said he was
there, and found the office deserted
The State will seek to obtain affi
davits contradicting their theory and |
placing the crime on the negro I
sweeper, .lim Conley. These affidavits '
are .aid to deal principally with the
time different witnesses entered and
left the ftwtotv April 26. the most
vital question In the trial.
Affidavits of Defense.
The defense Is said to be in posses
sion of affidavits that show Monteen
Stover entered and departed from
the factory before Mary Phagan's car
reached the heart of the city; that
the negro Jim Conley entered the
factory earlier in the day than he said
he did, and that he, Instead of the
Indicted pencil factory superintend
ent, committed the murder, because
the superintendent left the factory
at least ten minutes before Conley
said he helped him dispose of the
body, and that the Formby affidavit,
a one-time sensational bit of evi
dence substantiating the defense, was
given by the woman at the behest of i
the police detectives without regal’d ;
for its accuracy, and that Mrs .
Formby has since admitted that she .
never knew Tao M Frank or heard
of him until he was held as a sus
pect In connection with the murder.
ALL STORES CLOSE FOR
MAYOR'S WIFE'S FUNERAL
GREENSBORO, July s—Although
Saturday afternoon every store in
Greensboro closed one hour through
respect to Mrs. Mary Lizzie Branch,
wife of Mayor L. Henry Branch, who
died from uremic poison. She was
burled in Greensboro cemetery this
afternoon. Funeral services were con
ducted by Rev. L. F„ Dutton, pastor
of the First Baptist Church.
«FRANTIC
WITH DANDRUFF
——■a < nine
Tormented by Itching. Hair Came
Out by Combfuls. Pimples on
Scalp. Cuticura Soap and Oint
ment Made Permanent Cure.
Bissell. Ala. - - “ I had a very bad case of
dandruff on my head. I was tormented by
itching and my hair i*egan to come out by
the combfuls. I almost be
came frantic, fearful that I
Sr— would lose all of my hair
y 2 which eaa my pride. There
• F * * ‘7 were f * )mc on my
HK du and 1 scratched them
• until they made sores. My
hair was dry and lifeless
\g- * “I bothered about
* four months and had tried
various kinds of preparations which eeetned
to only make it worse. J saw the advertise
ment of Cuticura Soap and Ointment and
sent to my druggist for three cakes of Cuti
cura Soap and a box of Cuticura Ointment.
I washed my scalp with warm water strong
with the Cuticura Soap and dried after
wards applying the Cuticura Ointment,
working it in the scalp slowly with my
fingers. After using them for several days
my hair began to stop coming out. The
dandruff all disappeared and in less than
four weeks a cure was accomplished j»er
manentiy/’ Miss Lucy May. Nov.
6. 1912
Cuticura Soap and Ointment do so much
for pimples, blackbeads, red. rough skins,
itching. scaly scalps, dandruff, dry, thin and
falling hair, chapped hands and shaj>e!esß
nails, that it !s almost criminal Dot to use
them Sold everywhere Liberal sample of
ea/'h mailed free, with 32-p. Skin Book Ad
drt»- j>o»t-card ‘Cuticura. Dept. T. Boston.”
*** Mnngrho shave and shampoo with Cu
ticurafind it best for skin and scalp.
V
Phagan Case Centers on Conley
+•+ +•+ •}•••? •>•4* +•+ 4*®4* 4*®4* +H’
Negro Lone Hope of Both Sides
Frank Expects Freedom by Break
ing Down Accuser's Testimony,
and State a Conviction by Es
tablishing Truth of Statements.
BY AN OLD POLICE REPORTER.
The developments in the Phagan
case have been of late highly sig
fleant and interesting.
During the pnst week, It became I
' evident that the very heart and j
I “dul of both the prosecution and ;
| th? defence la to center laigely j
about the negro Jaitw Conley.
He la at once apj»*rently the hope '
and the despair of both rides to i
the contest!
This circumstance. however, i
while tending to add mueh to the
dramatic and the uncertain, in so
far as the outcome Is concerned. Is
not by any means an unusual thing j
in cases of this kind.
It frequently Viappens In myste
rious murder cares that both the
Ktate and the defense must |Jn their
faith to one and the same wit- |
ness.
Os late there has been some talk i
of the Grund Jury Indicting Con- j
ley. even over the Solicitor Gen
eral's head, which, of course. It j
would have a perfect right to do.
The thought occurred to me some
time ago that the case might take
that direction, but In the article
In which that point was discussed,
1 mentioned It incidentally, rather i
than as a likely thing.
Indictment may Mean Muon,
ft seems, nevertheless, tha.t the
idea of indicting Conley has had,
and still may have, much more be
hind It than some people have been
willing to admit, and that phase of
the situation has caused me to
speculate somewhat in detail to
day as to how and why Conley |
might be indicted.
I And that those who are urging j
It have much more to stand upon
than would seem probable at first
blush.
Two things are evident:
First, the defense will attack
Conley vigorously.
Second, the character of Leo ,
Frank w'H be put it. issue by the
defense, fearlessly and frankly!
These two things, 1 take it. will
constitute the defense’s primary i
challenge to the prosecution!
And If 1 be right about that, the
Issue will be thrilling and dramatic
enough to satisfy the cravings of
the most exacting, when the case
comes on for trial later along thU
month.
About these two points of dis
agreement, Hugh Dorsey and Frank
Hooper, on th* one hand, and Luth- :
er Rosser and Reuben Arnold, on
j the other, will be on their mettle—
and If the fur and likewise the Are
doesn’t Ay, 1 mistake my guess at j
this writing!
Leo Frank has been Indicted for .
the murder of Mary Phagan, and
for reasons presumably satisfactory
to the Grand Jury.
Points Against Conley.
Let'* examine the points upon ;
which the defense will Indict Con- I
ley, If the Grand Jury fails to beat
the defense to it—which yet Is
problematical.
The defense will contend:
(1) That Conley wrote of his own
notion the notes found beside the
dead girl’s body.
(2) That tho negro told of inoi- I
dents and conversations which took
place admittedly in tho pencil fac
tory an hour or more before he
swoare he went there.
(3) That the negro admit* he
! was drinking and “broke” when he
went to tho factory Saturday mom
| ing, and io known to have spent in
' the afternoon about the amount of
money Mary Phagan ie suppoeed to
have had In her little mesh bag
when she started out of the fac
tory.
(4) That the negro admite he was
in hiding or loafing near the open
elevator shaft, at the foot of the
1 eteps Mary Phagan must have used
as she camo down to go out of the
factory.
(5) That at the inquest Frank
said he thought he had noard voices
outside his office, very soon after
Mary Phagan started down tho
stairs, and that the voices he
thought he heard which might have
boon voices of Mary Phagan and
the negro, just ae the negro attack
ed the girl.
(8) That the negro said the body
of Mary Phagan was carried down
the elevator shaft, and yet two wit
nesses stand ready to swear, and
have sworn, that the elevator did
i not run on the fatal Saturday at
' all.
(7) That, while the negro ac
i counts after a fashion for the girl’s
; shoo and hat thrown onto a trash
pile, he fails to account for the in
criminating parasol found at the
foot of the elevator shaft, where it
might have been thrown with Mary
Phagan’s body from above.
(8) That the negro says Frank
called him at 12:56, notwithstand
ing the fact that Frank was talk
ing to Mr. and Mrs. White at 1
o'clock, and immediately thereafter
left the factory, reaching home
about 1:20, That, therefore, Frank
could not have done the things Con
ley accuses him of having done, for
sheer lack of time, if nothing else.
(9) That the negro did not flee,
if guilty himself, because the police
promptly accused in turn Newt Lee,
Gantt. Mullinix and Frank as sus
pects, not once mentioning Conley;
and. besides, no one knew at tne
time these suspects were proclaim
ed that Conley had even been in
the pencil factory Saturday morn
ing.
(10) That Conley was caught
washing his shirt, which might
have been blood-stained, very soon
after Mary Phagan's murder was
effected, and that he said at the
time he was worried over some- I
I thing not stated.
(11) That the negro's statements
have been inconsistent and con
flicting. both those under oath and
those not under oath, ano that he
has admitted having sworn falsely
more than once.
(12) That the negro's defense of
himself is of no merit, because it is
the only possible defense of him
self he could frame—a last and
j desperate resort to fix upon Frank
Conley's own guilt.
(13) That Conley's evidence is of
small if any value against Frank,
because it was not given until sus
picion seemed drifting rapidly to
ward Conley.
(14) That Frank’s statements
have been straightforward, consist
ent anefc reasonable, whereas, in
contrast.jthereto. the negro's have
DECISIONS WHICH MAY
AID DEFENSE OF FRANK
The old police reporter, in sizing np the many possi
bilities of the Phagan case, has reached two conclusions as to
the line of action which he believes will be followed by the
defense:
FIRST, he believes the defense will undertake to de
stroy the value of Conley's evidence, and fix upon Conley the
guilt the State is trying to fix upon Frank.
SECOND, he thinks the defense will make the character
of Leo Frank an issue.
The old police reporter, in poring through the files of
the Georgia Supreme Court Reports, has found two decisions
upon which he thinks the defense will rely.
The first, which might be used to break down Conley’s
evidence is as follows:
If a witness swears wlllfullly and knowingly false, even to
a collateral fact, his teetimony ought to be rejected entire
ly, unless it be so corroborated by circumstances, or other
unimpeached evidence, as to be irresistible.—23 GEORGIA
REPORTS.
As a circumstance tending to prove Frank’s innocence,
the defense, the old police reporter thinks, will produce the
i following:
Evidence of good character is admitted as evidence of a
positive fact, and may, of itself, by the creation of a reason
able doubt, produce acquittal!—lo2 GEORGIA REPORTS.
been inconsistent, conflicting and
unreaeonable.
(15) If the negro's presence in
the factory had been known at the
time Frank was indicted, Frank
likely never would have been In
dicted; or, at least, would not like
ly have been indicted in preference
i to the negro,
(16) That the motive in the case
of Frank never has been eetablieh
«(! and will be difficult to establish,
but that the motive in the oaee of
the negro—i. e„ robbery—ie im
mediately apparent,
(17) That the entire factory force
i testifies to the good character of
Frank, whereas the character of the
negro, both by his own admissions
and the police court records, is bad.
(18) That many of the horrible
details of the scattered
broadcast when it was first effected,
are not true, and that the circum
etences of tne crime point to the
negro Conley as its perpetrator,
m ich more surely than to Frank.
Now, the reader must under
stand that which I have tried to
Impress upon him in every article
I heretofore have written about the
Phagan case, to wit; I know noth
| Ing more about the POSITIVE
TRUTH of the. case than he does —
that is to say. my sources of in
formation have been precisely the
I same sources that his have been—
I the newspapers
I have scrutinized the Ales of The
Georgian and The American and
other Atlanta papers.' and the fore
going eighteen counts against Con
, ley I have gathered together from
perhaps Afty different issues.
Framework Is Powerful.
I have set them forth ae ahow
! Ing the strength of the position of
i those—or the Imaginary strength,
whichever It Is —Invoking the In
dictment of Conley NOW.
They may be of tremendous sig
nlAcance —-they may be of no ma
terial signlflcance. But they DO
serve to show the framework of the
powerful defense that Is being con
structed for Frank.
I give them for what they are
worth.
There stands between Conley and
Grand Jury indictment, of course,
the compelling necessity of using
i Conley as a material witness —THE
: material witness, indeed!—against
Frank.
To Indict Conley NOW would
weaken the State's case against
Frank, unquestionably.
And yet the fact remains that cer
tain members of the Grand Jury
have been reported as seriously In
clined to that course, nevertheless.
And, after all, that matter (the
oretically. anyway) is utterly Im
personal with the Grand Jury and
I arbitrarily in its hands.
Before 1 became a newspaper
| man and later along police report
er. 1 studied law, as 1 mentioned
before, and was admitted to the
bar. I practiced four years, and
while I abandoned the law long ago
for the newspaper profession. I nev
er lost my taste entirely for my
Arst love.
I went over to the State Library
Saturday and looked up some few
I decisions bearing upon the two vi
tal points to be raised in the Pha
| gan case, as I view It now. and two
i things Impressed me profoundly.
State Can Not Attack Frank.
j When the defense attacks Conley
It will oe backed by some weighty
law affecting his credibility, and
when It puts Frank’s character In
evidence—the State CAN N<>T put
i hts character In evidence, it will be
understood it will be backed again
: by some weighty opinions as to the
' value of character, established and
| proved.
In the Twenty-third Georgia Su-
I preme Court Reports I And that
■ Mr. Justice McDonald laid down
J this rule:
If a witness swear willfully and
knowingly false, even to a col
lateral fact, his testimony ought
to be rejected entirely, unless it be
so corroborated by circumstances,
or other unimpeached evidence, as
be Irresistibffe!
That is the law of the land, and
I it will be invoked. 1 suppose, against
I Conley, with vigor and possible ef
i feet
The defense, no doubt, will con
tend that Conley has sworn falsely
—and proved It by written instru
ments—and It then will insist that
Conley's entire evidence must be
rejected unless corroborated by oth
er unimpeached testimony.
Can ■ the State corroborate Con
ley’ by’ such evidence?
Evidently the defense doubts it.
1 do not know, of course.
Hearsay. irrelevant matter,
street gossip, newspaper stories—
those things will not do when It
comes to trying Leo Frank for his
life.
Conley Must Be Corroborated.
Conley, at best an admitted ac
! eessory after the fact of the mur- <
dcr must be corroborated by COM- i
I I'ETENT and LEG AL evidence I
And right here. 1 think, the de-
HEARHT’B SUNDAY AMERICAN, ATLANTA, GA., SUNDAY, JULY 0, 1913.
sense expects to give the State one
of its very hardest nuts to crack.
Maybe the State can crack it,
all right!
That remains to be seen, and as
to that I venture no opinion.
Again, 1 take it the defense ex
pects to strike straight from the
shoulder when it puts Frank's
character in issue.
I do not KNOW that the defense
will do this, but from the tone of
some of the articles, particularly
Mrs. Frank's remarkable interview,
given out recently by the defense,
or authorized by it, I SUSPECT
that Is exactly what it will do.
This will be a bold stroke, too,
tor unless the DEFENSE puts Leo
Frank’s character in issue, IT CAN
NOT BE PUT IN ISSUE AT ALL.
The State is estopped, of its own
motion, from doing that.
Therefore, when the defense
DOES it, it is pretty apt to be
taken as an evidence that the de
fense is very conAdent of itself.
Into the case at this point, then,
will come a portion of the law of
Georgia that is most picturesque
and signiAcant—a portion that is
founded upon the very bedrock of
decency and common sense, and
that throws about all observers of
the law and about all right-living
men a protection as certain and as
sure as it is majestic and noble.
Character Good Evidence.
In respect of CHARACTER as
evidence of Innocence of crime. I
And that Chief Justice Simmons,
in the 102 d Georgia, said this:
“Evidence of good character
ie admitted as evidence of a
positive fact, and may, of it
self. by the creation of a rea
sonable doubt, produce acquit
tal!”
And. again, the same authority
says:
“Os what avail is a good
character, which a man may
have been a lifetime In acquir
ing, if it is to benefit nothing
in the hour of peril?”
Chief Justice Simmons was a Su
perior Court judge for some twen
ty years before he was elevated to
the Supreme bench, and a Supreme
Court justice for a like period
He was one of the noblest men
that Georgia ever produced, and
one of the most profound and ap
proved students of the law.
And he made good character the
very Rock of Gibraltar upon which
a man attacked might depend in
time of peril!
_ Once the defense puts Leo
Frank's character in issue, how
ever. the State may attack it as
bitterly and as vehemently as it
likes.
This, it may be, the State is pre
pared to do.
Unless the State does break down
Franks character, however, once it
is put in issue by his own attor
neys, the State will be thereafter
at a tremendous disadvantage. I
think, particularly when the de- i
sense is undertaking to shoot the ’
character of Conley to pieces from 1
the other dank!
Character can not be broken j
down in a courtroom with whls- |
pered words and sinister gossip.
Must Attack in Open.
Under the impersonal rules of ev
idence and the law. character must
be attacked in the open—it must be
beaten down, if beaten down it be.
with weapons the judge and the
jury may s.a wielded in fair play,
and it must be a Aght to a Anish. ’
True, if a defendant deliberately
puts his own character in Issue,
the burden is upon him to sustain
his character; but once the law -uts
that burden upon a defendant, it
holds in leash and sure control the
State in its attempts to demolish it.
1 have written of crimes and of
criminals for Afteen years—of pet
ty sneak thieves and bank robbers,
of common back-alley bullies and
murders, of brutes and degenerates,
of clever confidence men and clum
sy bunglers.
I have seen the innocent made
victims of cruel circumstances and
the unquestionably guilty escape,
but I am yet to see a case in which
good character, firmly and frankly
set up. was not a tower of strength
to the accused —a sure and abiding
' benefit in his hour of peril,” as
Chief Justice Simmons says it
should be!
After all is said and done, char- j
acter is tho corner stone upon ;
which civilization and societv most I
securely rests.
It holds the business world to
gether. and it differentiates the I
wheat from the chaff in the profes
sions.
Without it. the grand old name of
gentleman is a mockery and a sham
—and. above all things, it best
marks the woman as fitted to her
natural and noblest environment!
If Leo Frgnk puts his character
in issue, it will be a challenge full
and free to the State to do Its
! worst —it well may be expected
| to make or mar the defense of Leo
I Frank charged with Hie murder of
Mary Phagan.
TURPIN TRACED
WITH HOPE Os
CATCHING GANG
Cracksman Wounded at Kirkwood
Is Believed Master in Juvenile
School of Crime.
Hoping to run down one of the most
remarkable gangs of cracksmen that
I ever operated in the South —as re-
I markable an aggregation of crlmi
' nals as Dickens created when he
wrote of Bill Fagin and his school of
crooks—inspectors from the Postoffice
Department have started to trace the
movements of Walter Turpin from
the time he was released from the
Federal Prison in February until he
was wounded in a pistol battle with
citizens of Kirkwood Friday night,
after blowing the safe in the village
postofllce.
H. N. Graham, the inspector who is
in charge of the case, has developed
clews that strongly indicate the ex
istence of such a gang, and that It
consists of two men and three boys.
These clews indicate that Walter
Turpin and the other man ran a sort
of preparatory echool of crime—that
they gained control and Influence
over boys from 12 to 16 years of age
and used them as lookouts and to get
Into places where the presence of a
man would arouse suspicion.
In the theory the detectives have
evolved Turpin is likened to Fagin In
his apparently uncanny ability to
control boys and lead them into lives
of crime, despite their natural incli
nations to be useful citizens.
Suspect Young Eberhart,
Actions of the police and of Graham
Indicate that they have a well-ground
ed suspicion that Tommy Eberhart,
the 14-year-old boy who has been
rooming with Turpin for three weeks,
is one of the boys over whom Turpin
has been trying to gain control. When
the boy was taken to detective head
quarters Saturday morning he was
quizzed for more than four hours.
Then <'hlef-Lanford ordered him sent
to the juvenile detention home on
Central Avenue, and announced that
he will be held until the investiga
tion is completed. It Is understood
that the boy’s detention came through
the request of Graham.
The theory of the existence of the
gang Is based on a curious chain of
circumstances. Some time between
the hours of 9 o’clock and midnight,
before the blowing of the safe at
Kirkwood, the postotfice and two
stores at Battle Hill were robbed.
These robberies are supposed to have
been committed by two men and a
boy. A report has also come to the
police that the two men and the boy
were seen running from the village
shortly before the robberies were dis
covered.
The Other Robberies.
Only a few stamps and some loose
change were stolen from the Battle
Hill postoffice, which Is in a grocery
store operated by T. J. Daniels, and
from T. J. Key's grocery store a box
of cigars and some chipped beef were
taken. M. R. Bratton's refreshment
stand was entered and a few dollars
taken from the cash register.
The fact that a boy is supposed to
have had a hand In the Battle Hill
burglaries and that two boys were
seen running from the Kirkwood post,
office w hen the posse,of citizens came
upon Turpin at his work have con
vinced Graham and the local police
that Turpin and his gang committed
the Battle Hill burglaries and then
went to Kirkwood to blow the post
office safe. Graham is making a
thorough probe of the Battle Hill and
the Kirkwood burglaries, and stated
Saturday that he will seek to fasten
the former crimes on Turpin and the
gang of which he is said to be the
leader.
Graham also stated Saturday that
he has good reasons for believing
Turpin is connected with several post
office robberies that have been re
ported to the Atlanta postal authori
ties in the past few weeks. Some
of these are robberies of considerable
importance. From the safe of the
postofllce at Adairsville money and
stamps amounting to J 2.000 were
taken, while SSOO was stolen from the
postoffice at Williamson, Ga. And
; though it was not given out ofticial
! ly, it is strongly hinted that suspi
i eious-looking men. always accompa
nied by one or more boys, were seen
■ in the villages a few hours before
! each of the robberies.
Insists He Was Alone.
The date for Turpin’s preliminary
! hearing has not been set, but it was
stated last night that lie may be
brought to Atlanta and tried in the
Federal Court. The self-confessed
•'yeggman" still insists that he was
alone and that the Kirkwood job is
the first he has done since his release
from prison.
Turpin is tattooed, and there are
also little marks which detectives say
are made by a hypodermic needle, in
dicating that the man is a drug fiend.
NORTH HIGHLANDS’ PLEA
FOR EXPRESS IS PROBED
MACON, July s.—Campbel) Wal
lace. secretary of the Railroad Com
mission. to-day came to Macon and
investigated the conditions alleged by
the residents of North Highlands who
have petitioned that the Southern Ex
press Company be made to give them
delivery service. He was accompa
nied to North Highlands by the man
ager of the express company and by
Secretary Hymen, of the Chamber of
Commerce. He did not state what
his report to the commission would
j show.
BIG POSITION W?TH LEACH
SNTERESTSGIVEN MACON MAN
MACON. July s—Leon S. Dure,
one of Maron's most prominent busi
ness men. has been elected vice presi
dent of the A B. I .each interests in
Macon, these comprising the gas com
pany, railway and light company.
Central Georgia Power Company and
Georgia Transmission Company.
P F. Wickham resigned as vice
president to accept a similar posi
tion with the Leach interests in Cin
, cinnati, Ohio.
Judge Newman Still Eager to Work
+•+ +•■? +•+ +a+ %-a-r -s-a-s-
Plans Activities at Retiring Age
Ttlß Judge W. T. '
Newman,
of the
United States
0 -Sm District Court.
0 Thou f>h he ’ s
past the
re tin ng age,
Judge
Newman's
HL photograph
» • WMB shows his
' ■-9 present vigor.
a
fi
Federal Jurist Says He’s as Able to Serve Coun
try Now as When He Left Army.
One fine morning last week Fed
eral Judge William T. Newman
awoke to find that he haff turned the
seventieth milestone in his earthly
journey, thereby qualifying for re
tirement, on pay, from the bench and
from worry.
He looked well into the situation.
He felt as fit as a Marathon runner,
and not a day older than on the
memorable morning in 1864 when he
rode into a battle at Jonesboro to
have his right arm shot away by a
bullet from the gun of a Union sol
dier.
“So why,” inquired he of a Sunday
American reporter Saturday, "should
I think of getting out of harness? I
feel that I can still do good work. I j
am told that my work Is giving satis- I
faction. Therefore. I shall not retire I
Not now.”
Judge Newman has occupied the
bench of the United States Court >f
the Northern District of Georgia since
1886, and has held court in most of
the cities of Georgia. The lawyers,
watching hts career, knew when the
seventieth birthday came, June 23,
and a number of letters were sent
to him, friendly, congratulatory let
ters. expressing the hope that he re
main on the bench.
Not Ready to Quit.
“Even if I had thought of quitting."
he said, “these assurances would
have been enough to show me that I
still can render service. The day I
find that an impairment of mental or
physical faculties renders me unfit,
then I shall quit. My duty to the
Government I serve would demand
that. But now—well. If my friends
didn't remind me that I had reached
my seventieth birthday, I wouldn't
know it or believe it.
“When a man retires, to become a
watcher of this very interesting
world, instead of taking a part in its
activities, then it is a sign that he is
through—that he has quit.
“To quit—to merely look on. to
read the papers, to pass the time of
day, to go to the baseball game, to
drop work —the idea has no appeal
for me.
“As long as I can render service. I
feel that I should remain at work.
Every man shouid. As soon as I can
not render service, then I shall quit,
in this respect, a judge is somewhat
different from a private citizen. A |
judge owes it to the public to step '
down and out when his usefulness I
passes; a citizen, whose business is |
his own. and his own affair, can stay ;
on and make a mess of it, to nobody's
harm but his own.
“But while he can. a man should
stick on the job.”
Work, Judge Newman thinks. Is •
every man's function
There is a moral and a spiritual |
satisfaction in labor," he said, "when
you know that you are doing it well. ;
Then there is physical well-being also.
Retirement from a part in the :
world's affairs means inaction. In- j
action spells physical decay.
"This world is a mighty Interesting
place when you know that you have
a hand, however small, in its work."
Was Confederate Cavalryman.
Judge Newman was born June 23.
1843. in Knoxville, Tenn When he
was 17 years old he enlisted In the
Second Tennessee Cavalry, of the
Confederate Army, and the next year
was promoted to a lieutenancy. Ear- j
ly in 1863 he was wounded and cap- |
tured by the Federals. and later in
the year was exchanged. His career I
as a soldier ended at the battle of
Jonesboro, Ga., in 1864, when a bul- |
let found his right arm, necessitat- j
ing its removal.
After the war he located in At- I
lanta, became a lawywr, and from
1871 until 1883 was city attorney. In 1
1886 he received the appointment as '
United States judge, and has held the
position now for 27 years.
Acute Indigestion
R - ■
'• '-yr* . '.
f mi
T, M. WORD
> For several years my wife suf-
< sered frequent attacks with acute
> indigestion. These attacks in their
( alarming frequency became the
l> dread of my life. My wife never
li knew what she could eat without
$ taking the risk of one of these at-
( tacks. We tried every remedy we
S could hear of. w ith only temporary
, relief. Sitting in my office one
> morning, feeling very despondent
i after spending a sleepiess night and
S the terrible suspense over the
■ < alarming condition of my wife, a
I) friend called my attention to Nux
! < cara, the w onderful stomach rpme-
! dy, stating that Nuxcara would cure
: < her w ithout a doubt. lat once put
> her on the treatment, with the
' < most happy results. She is entirely
11 cured, and is in better health than
i< she has been for years: eate any-
I ’ thing she wants—Nuxcara Is the
< most wonderful remedy I ever
5 heard of.
i, My wife was so delighted with
S her experience with Nuxcara that
Price Full Treatment 6 Bottles for $5.00.
3 Bottles $2.50, Single Bottle SI.OO.
Mr. J. H. Shelnutt at Coursey & Munn's, 29 Marietta Street, will be
< on hand daily to explain the merits of this wonderful medicine —also
For Sale by
FRANK EDMONDSON & BROTHER,
) 11 N. Broad Street. 106 N. Pryor Street.
W. J. MISSEE
PATS 57.000 TO
TENNESSEEAN
Criminal and Civil Prosecution
Dropped by R. W. Williams.
Former Stock Farm Partner.
MACON. July 5.—W. J. Massee, the
Macon capitalist, has settled, the
prosecution of civil and criminal
cases, which have kept him out of
Tennessee for several years, by pay
ing R. W. Williams, of Columbia,
Tenn., $7,000.
The Indictment, charging Maasee
with criminal extortion and libel, was
dismissed at Nashville to-day upon
motion of the Attorney General of
Davidson County, and Wllllama at
the same time dismissed hia 916,000
suit for damages, in consideration of
the payment of the $7,000.
A jury last year awarded Williams
a verdict for $16,000, but the United
State Court of Appeals last week set
it aside and gave Massee a new
trial, on the ground that the trial
judge did not have the right to re
duce the verdict to $7,500 as was
done.
Massee and Williams were former
ly partners in a stock farm. While
at a club in Nashville several years
ago Massee, it was alleged, made a
' remark reflecting on Williams’ char
l acter. Williams then brought suit
and also procured a grand jury in
dictment.
Requests for extradition of Massee
were served on both Governors Smith
and Brown, and were declined by
them. Last year Massee was arrest
ed in South Carolina, but Governor
Hooper, of Tennessee, withdrew the
request for extradition just when
Governor Blease said he would non-
I or it.
VEST POCKET
KODAK.
Actually fits in a vest pocket. <
< Fixed focus, ball-beafing shutter, t
5 Nothing to do but snap it. Makes
< sharp, clear-cut negatives—splen- <
5 did for enlarging. Get yours to- <
< day and take it everywhere. A. <
1 5 K. Hawkes Co., Kodak Dept., 14 S
< Whitehall.
SPECIAL TRAIN.
Mountain Excursion {
JULY 10.
Lv. Atlanta .. 8:05 a. m.
Ar. Asheville . 6:30p. m.
PARLOR CARS,
COACHES,
/. DINING OARS.
$6.00 Round Trip $6.00
GOOD TEN DAYS.
SEE THE LAND OF
THE SKY BY
DAYLIGHT.
Make Reservations Now.
SOUTHERN RAILWAY
she prevailed upon mq to take it
myself. I was suffering with a ca
tarrhal condition which affected mv
liver and kidneys. I had been un
der the treatment of a specialist for
my kidneys, who kept me on a diet
for several months, but my condi
tion seemed to grow worse and I
was In a state of mind to make a
change, so I began to take Nuxcara,
which completely cured me in a
short time. My health is perfect. I
eat and sleep well; in fact, I never
felt better in my life. I regard
Nuxcara as an achievement in sci
ence unparalleled, a remedy which
has no equal in all forms of stom
ach trouble.—T. M. Word, 373 Cher
okee Avenue.
Demonstration of the wonderful
merits of Nuxcara at Coursey &
Munn's, corner Marietta and Broad
Streets, by Dr. Shelnutt from 9 a. m.
to 6 p. m. every day.
Acute Indigestion
Threatens everyone who has any
disturbance of the digestive system
—an uncomfortable feeling after
eating- Is a warning which should
not go unheeded, but Nuxcara
should be taken at once and restore
the digestive organs to a healthy
condition, when there will be no
danger from this often fatal attack
Nuxcara is guaranteed to be a posi
tive and certain cure. The distress
after eating is promptly relieved by
a dose of Nuxcara.
Nuxcara
Is a scientific remedy which ha«
been prescribed by eminent phvsi
cians for years with the most grat
ifying results In all forms of stom
ach troubles. Nuxcara was tested
for ten years before offering it to
the world as a positive and certain
cure for indigestion, dyspepsia, ca
tarrh and the many evils following
the poisoning of the system with
toxins from undigested and de
composing food in the digestive
tracts. One may taJie digestive
agents and relieve an attack of in
digestion, but the poison generated
through the decomposition of the
undigested food may remain in the
system for days before eliminated,
and furnish the primary cause of
another attack, besides setting up
structural changes in the organ
isms. Nuxcara is positive and cer
tain: restores the system to perfect
health.