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RID DLES BLACK CRAKE | , J*.. ~; Til of t M 00 GULLS The Atlanta Georgian Read for Profit—-GEORGIAN WANT ADS—-Use for Results YOL.XI. NO. 308. ATLANTA, GA., WEDNESDAY, JULY 30, 1913. w'SffiTfiyiH’e* 2 CENTS. p mor£° of ms SID Important developments in the trial Wednesday of Leo M. Frank for the murder of Mary Phagan follow: W. W. Rogers, former county policeman, in whose auto the police went to the factory the morning the body was found, testi fies frank was nervous when taken to the plant and apparently afraid to look at the body. Miss Grace Hix, factory employee, testifies Frank rarely spoke to the girls in the plant and that the young women combed their hair near the lathe where strands of hair, alleged to be from the head of Mary Phagan were found. John Black, deective, testifies that Frank was nervous. His statement that Frank was “nervous, as any other man would be who had been arrested,’’ is stricken out on Dorsey’s request. He is questioned by the State in an effort to show Frank engaged counsel before he was arrested. Cross-examined by Rosser, he admits having made a mis-statement and retracts it. He is fiercely grilled by the defense. Solicitor Dorsey and Attorney Hooper admit J. M. Gantt is to give sensational new evidence. Sixteen-year-old Graoe Hix, a pretty employee of the National Pencil Factory living at No. 100 McDonough road, who identified the body of Mary Phagan, was called by the State in the trial of Leo M. Frank Wednesday, but proved a much better witness for the defense. Slight and graceful and attractive, the young factory girl made a decidedly pleasing impression in the half hour she was on the stand. She answered all of the questions asked her by Solicitor Dorsey and Attorney Rosser with simple directness and apparent truthfulness. She was the first witness whose testi mony was distinctly favorable to the defense She was attired entirely in' white. She seemed not at all embarrassed by the hundreds of byes focused upon her and never for a moment was confused by the questions of the attorneys. Her testimony was accompanied from first to last by gestures. She explained conditions and situations in the factory, it seemed, exactly as she would have explained them in the pri vacy of her own home. In response to the questions in the cross-examination conducted by At torney Rosser, chief of counsel for Frank, she said that she never had known of Frank speaking to any of the girls in the factory except in connection with their work and never had known that he had attempted familiarities of any sort. As far as ■he knew he had never spoken to *ary Phagan. Spots Might Have Been Paint. The red spots discovered by the de tectives on the second floor, for all she knew, might have come from the paint room. She said that paint fre quently was spattered on the floor when the employees in the paint room were walking to the dressing rooms. "And do you girls have a place to comb your hair?" inquired Attorney Rosser. , ‘‘Yes. we have one, but many of us girls comb our hair right where we happen to be working," she respond ed naively. ‘‘And are there any of the girls ’n the factory who have hair the color of Mary Phagan's,” continued the at torney. “Yes, there's Magnolia Kennedy. Her hair is almost the same color.” Points for Defense. By t5e testimony of this one girl Attorney Rosser showed that it was possible that the red spots on the floor in the dressing room and to ward the middle of the factory might have been red paint and not blood; that the hair found on the lathing machine might have been that of Magnolia Kennedy, or some other girl, who had been combing her hair there., and, finally, that Frank's deportment among the girls of the factory, so far as she knew, was always exemplary. The Hix girl was called by Solicitor Dorsey to tell of her identification of the body of Mary Phagan the morn ing after the murder and to describe some of the physical characteristics of the second floor of the factory. With her testimony he continued n laying the foundation for his theory that the attack upon Mary Phagan was njade on the second floor of the building and not on the first floor, where Jim Conley was in hiding. He had her tell of the proximity of the men’s and women's dressing rooms on the second floor and how it would have been impossible for a person entering the men’s not to have passed within a few feet of that for the women. Solicitor Dorsey, by his other two witnesses of the forenoon, W. W. (“Boots”) Rogers and Detective John Black, sought primarily to place in the hearts of the Jurors that Deo Frank attacked and strangled Mary Phagan in the factory April 26, and then, ip the revulsion of horror at his deed, was in abject terror of look ing upon the face of his victim when he was taken to the morgue for the purpose of identifying her. The Solicitor drew from the two men other circumstances of the morning after the crime, which he evidently proposes to interpret as significant of Frank’s guilt, but he laid the greatest stress on the visit of Frank at the morgue, where both Rogers and Black testified Frank avoided gassing at the bruised and contorted features of the murdered factory girl. Say Frank Was Nervous. Black and Rogers testified that Frank appeared nervous all the morn ing after they went for him at his home, 68 East Georgia avenue, and took him to the morgue and later to the factory. Rogers was on the stand about two hours and told a seemingly straightforward story. He was not bothered much by the cross-examina tion of Rosser, but made slight modi fications to some of the statements in his direct testimony. It was evident that Black’s testi mony was going to precipitate a live ly squabble between the attorneys the moment that he went on the stand. Attorney Rosser was on his feet with objections almost every half minute. Either his objection was leveled at the manner of Black’s testimony or the character of the Solicitor’s questions. Almost invariably he won his point. Rosser declared that Black was stating his own conclusions in regard to the mental state of Frank instead of merely presenting to the Jury its outward manifestations and permit ting the Jury to Judge for itself. To Spring Surprise in Gantt. Black asserted that Frank was pale and nervous on the morning of April 27; that he talked excitedly and asked questions without waiting for an swers, and that his voice was trem bling and hoarse, and that he never entered the room where Mary Pha gan’s body lay at the morgue. Attorneys for the prosecution indi- LATEST NEWS Continued on Page 2, Column 1. SAVANNAH, July 30.—The formal transfer of the Brinson Railroad, recently purchased by New York capitalists headed by James Imbrie, is expected to take place late this afternoon. It is said Brinson will receive between $400,000 and $500,000. the initial payment being $50,000. Brinaon will tender his resignation as president and Imbrie will assume control of the line. ALTOONA, PA., July 30.— Pennsylvania passenger train No. 13 ran into another passenger train this afternoon near Tyrone, just east of here. At least fifteen persons are injured. LONDON, ONtT July 30.—That an attempt was made to blow up the new $125,000 garbage inciner ator during the night was made known to-day. A six-inch shell was concealed in the garbage that had been collected. CLEVELAND, OHIO, July 30. Six heat prostrations and the death of five babies was the hot weather toll registered up to 1 p. m. to-day. CALUMET, MICH., July 30.— The managers of the miners in the copper district this afternoon refused to send representatives to Lansing to confer with Governor Ferris and representatives of the 18,000 striking miners. ‘Uncle Joe’ Thrown Into Lake by Auto; Never Loses Cigar DAW-IDLE, ILL.. July 30.—The only reason that "Uncle Joe" Cannon Is alive to-day was the shallowness oi the small lake In Spring Hill ceme tery. The former Speaker and his daughter narrowly escaped drowning when their automobile went over a fifteen-foot embankment and alighted right side up In five feet of water. “Uncle Joe's" teeth clung to the thin, black cigar. “I thought we started for a spin, not a swim,” he paid gruffly. Mrs. Ernest Leseure. his daughter, who was about to faint from fright, laughed. They climbed out of the machine and waded ashore. “Uncle Joe” rode home in a grocery delivery wagon. Hoke Smith Fights Vigorously Naming Of Negro toU.S, Job WASHINGTON^ July 30—Senator Hoke Smith, of Georgia, has protest ed to President Wilson in the strong est terms against the appointment of A. E. Patterson, of Muskogee, Okla/, a negro, as Register of the Treasury. The statement that Senator Smith called at the White House to urge the President to stand by his appointment of Patterson is without foundation. Senator Smith went as far as cour tesy would permit in condemning the appointment of Patterson. $900 Clerk Twits Mr. Bryan in Verse WASHINGTON, July 30.—R. E Norfleet, Jr., a clerk in the Depart ment of Justice, has written a poem which was made public to-day, in which he twits Secretary Bryan for complaining that he cannot live on $12,000 a year. The last stanza fol lows: All things are out of proportion. To us all a yard is a yard; If the Burden falls heavy on Bryan On us It is equally hard. And thus we word our petition, And hope that relief may be near! For if Bryan can’t live on a thousand a month We can’t on nine hundred a year. Mexico Frees Three American Prisoners WASHINGTON, July 30.—Charge d’Affaires O’Shaughnessy of the American Embassy at Mexico City to day notified the State Department of the release by the administration of the three Americans imprisoned at Chihuahua—Bernard McDonald, min ing engineer; Charles Biesel and the latter’s chauffeur. The Mexican Foreign Office so ad vised Mr. O’Shaughnessy to-day. Con- ditions are unchanged at San Luis Potosi and quiet reigns at Madera, according to State Department ad- vj£-s. Ys FREED BY Governor Pardons Young Woman in Chatham Jail Who Is Suf fering From Tuberculosis. Delicate and frail as a result of an operation for appendicitis and a vic tim of tuberculosis. Jack Davis, a 20- year-old girl prisoner In the Savan nah county jail Wednesday morning received a pardon from Governor John M. Slaton. The girl was convicted on the charge of vagrancy in Chatham Coun ty in May and sentenced to six months in jail upon failure to pay the fine of $100. At the end of a month she was stricken down by an attack pf appen dicitis, from which phe recovered only by the heroic efforts of the State phy sicians. coupled with her own deter mination to live, regardless of obsta cles. A worse calamity was in store for her, however. The physicians an nounced that she was affected with tuberculosis, and it was then the girl In the face of a lingering deajh in prison, decided to make an appeal to be allowed to pass her last days out- » ldfe "jjtijgu S V ha " J2, the Governor, besg’rtg him to nave mercy upon*her and allow her to go home to die. Victim of Misfortunes. "I have not long to live, I know-,” she states in the letter, “and the idea of dying a prisoner is more than l can stand. I am a girl just 20 years of age. and unfortunately was led away from my home a year ago. I have only been living a life of shame since then. I am innocent of the charge against Continued on Page 5, Column 4. RACING RESULTS AT HAMILTON. FIRST RACE—Puree $600, 2-year- olds, selling, 6 furlongs: Ratina 104 (Deron.de), 9-20, out, won; Serenata 86 (Taylor), 15 to 1, 4-1, 8-5, second: Dick Doodle 107 (Moore), 40 to 1, 10 to 1, 2 to 1, third. Time 1.14 2-6. Scarlet Letter. The Urchin, Single Colors and John 1\ Dixon. SECOND RACE-Mile and eighth: Earl of Savoy 106 (Buxton(), 6-5, 1-2, 1-6, won; .Master Jim 114 (Connolley), 7-2, 6-5, 3-6, secern?: Fardoodle 92 (Ward). 50-1. 20-1, 10-1. third. Time 1:54 4-5. Also ran, Moonlight. Schaller, P&trucfee, Star Ashland, Foxcraft. AT BELMONT. FIRST RACE—Six furlongs: Besom 115 (Butwell), 1 to 10, out. won; Car- roll Reid 95 (Brady), 30 to 1, 2 to 1, out, second; Aviator 97 (Karrick), 8 to 1. 1 to 3, out, third. Time 1:16. only three starters. SECOND RACE--Straight course. 6& furlongs: Pan American 108 (Karrick), even. 2-5, out. won; Humiliation 108 (Wilson), 13-5, 4-5, 1-3, second: Mar garet Meise 108 (Butwell), 3-1, even, 2-5, third. Time 1:07. Also ran, Ash- can, lone and Lady Fernal. TRYING TD STIR ENTRIES. AT HAMILTON. FIRST RACE—Purse $500, maiden 3- year-olds and up, 6 furlorgs: Puritan Lass TOO, Planutora 103. John Bowman 107. Crystowoda 107, Belle of Lynne ville 103, aHalfshot 103, aMasulus 110. aRoberts-Breck entry. SECOND RACE—Purse, 2-year-olds, 6 furlongs: Senorita 102, I^ennie D 105, Patty Regan 107, Lador 110. Irish Ann 107, The Idol 107, Behest 107. THIRD RACE—Purse $500. -3-year- olds and up. 6 furlongs, selling: Car- rillon 107, Nimbus 109, Rosemary 110, Burning Daylight 107, Charlton King 107, Stanley 8, TOO, Jonquil 110, Pluvtus 121. FOURTH RACE--Empire handicap, $700. 3-year-olds and up, 1 1-16 miles: Cousin Puss 98, Samuel R. Meyer 111, Flora Flna 113, bKlwah 104, bLochlel 107, Bamcgat 116. b Bed well entry. FIFTH RACE—Selling, purse $600. 3- year-olds and up. 6 furlongs: xDt. R. 1. calm 107. 1’oin Sayers 113, My Geni 105, Black Rive/ 113 SIXTH RACE—Selling, purse $500, maiden 2-year-olds, 5 furlongs: Fidelity 98, Diamond Cluster 109, Zodiac 103, Goodwill 106. Nancy Orme 108. Wanita 108, Mary Plckford 98. Buzz Around 103, Indolence 106, Patince 108, Veil- chene 108. Janlet 108. Also eligible: xLaura 103. Abphion 108. SEVENTH RACE—Purse $1,200, Brantford selling handicap, 3-year-olds and up. 1 mile on turf: Marjorie A 109, Blackford 110, bPrince Ahmed 114, b Pat on 103. bBedwell entry. xApprentice allowance claimed. Weather, clear. Track, fast. JohnD.’s Son-in-Law Speeds 29 Miles to Office in Flying Boat ATLANTA... MOBILE... y CRACKERS r h o a e Lono. If 113 0 1 Agisr. 1 fa ....... 6 18 2 0 Wefcbonct, cf.. 0 0* 1 0 I Smith. 2b Vim Bijland, si!.... ,Alt*0 ■4 Holz. rf 0 0*00 Manush, 3b.... 110 11 Chapman, c.... 113*0 f Clarke, p .. . 0 0 *’ 1 • 10 00003* 0-4 •6110110 1-5 GULLS. r h o a e „ Stoek.si ....**it0 Starr, 2b 0 I t A 0 Totals 4 8 24 11 2 O’Dell3b ... Paulat, lb ... leberstaa, ef Schmidt, e ... Clark, If) ... McGill, rf Campbell, p Totals.... 0 0 0 *0 1 * 13 6 0 t t < 0 0 A 3 c i 0 6*0 * 0 0 U l 1*0 1 0 0 0 • • 5 12 27 12 l Clark and Campbell Hurl First Game of Double-Header; Crackers Score First. WASHINGTON, July 30.—Senator Lewis introduced a resolution in the Senate to-day authorizing Secretary of the Treasury McAdoo to withdraw Government deposits from all banks which he believes are in a conspiracy to “intimidate Congress and terrorize the citizens of the United States through inciting fear of a panic” and “which have falsely depressed securi ties of the United States and discred ited the bonds of the United States Government.” The Secretary is further author ized to suspend all the privileges en joyed by said banks and to withdraw their charter. Senator Stone charged the Repub licans with attempting to create a financial panic in the country by pes- semistic speeches in the Senate which were circulated throughout the coun try and had the effect of making people fear that hard times were com ing. Senator Clark, of Wyoming and Kenyon, of Iowa, vigorously denied Stone’s charge and said the trouble was due to the effects of President Wilson, Secretary of Commerce Red- fleld, and Secretary of the Treasury McAdoo to force a new economic pol icy on the country which the coun try does not want. Dreams of Baseball; Chases Fly in Sleep DALTON, July 30.—Dreaming of baseball Claude Prentiss, 12.year-old son of O. G. Prentiss, local agent for the Southern Railway, thought he was chasing a fly in the outfield and ran out of an upstairs window of a bed- room at his home and struck the brick pavement below. The little fellow got up. dazed by the shock of the fall, but only slight ly bruised, CHICAGO, July 30,—Harold F. Mc Cormick, millionaire sportsman and son-in-law of John D. Rockefeller, made a successful flight in his flying boat to-day from his home in Lakecrest to Grant Park. He followed the shore line of Lake Michigan during the lo-mlle Journey. Mr. McCormick announced he would fly from his suburban home to his office every morning If the weather permitted. On the trip to-day he was accompanied by Aviator Charles C. Wttmer. Starting at McCormick's private harbor, the machine was driven sev eral hundred feet Into the air about 200 yards from the shore. McCor mick maintained a speed of about 70 miles an hour, covering the 29 miles to Grant Park In 28 minutes. He made a perfect landing and walked half a block to his office. Sifting of Mulhall’s Testimony Is Begun WASHINGTON, July 30.—Having protected Martin M. Mulhall while he has built up a huge mound of ac cusations against the leglalative ac tivities of the National Association of Manufacturers, the Overman Lob by Inquiry Committee to-day began to pick this evidence to pieces to find Just what wrongful acts the manu facturers committed. “It is not Mulhall but the manu facturers who are on trial here,” said a member of th$ committee. MOBILE, ALA., July 30.—George Clark was on the mound for the Crack ers in the first game of a double-header with the Gulls here this afternoon. Campbell was Mike Finn's choice for slab duty. Billy Smith’s crew were first to score by getting one tally In the opening in ning. The home boys tied the score in the third and took the lead in the fourth by scoring another tally. FIRST INNING. Long singled to left. Agler sacrificed out, O'Dell to Paulet. Welchonce grounded out, Starr to Paulet. Smith singled to center, scoring Long. Bls- land grounded to Stock, forcing Smith at second to Starr. TWO HITS. ONE RUN. Stock grounded out. Smith to Agler. Starr filed to Holtz. O’Dell grounded out. Bisland to Agler. NO HITS. NO RUNS. SECOND INNING. Holtz grounded out, Starr to Paulet. Manush also went out. Starr to Paul - | et. Chapman grounded out, O’Dell to Paulette. NO HITS. NO RUNS. Paulet singled to right. Robertson grounded to Agler, forcing Paulet to Bisland. Schmidt singled to center. Clark ^grounded to Bisland. forefh Schmidt to Bmith. CfiarR stoeL second. McGill fawned. TWO HITS, Nt> RUNS. THIRD INNING. Clark fanned. Long singled to left. Agler filed out to Robertson. Welchonce filed out to McGill ONE HIT. NO RUNS. Campbell grounded out, Bisland to Agler. Stock beat out a bunt. Starr singled to right. Stock scored when Manush missed Holtz’s throw to third. O’Dell went out. Smith to Agler. Paul et filed to Long TWO HITS, ONE RUN. FOURTH INNING. , Smith flied to Robertson. Bisland grounded out, Starr to Paulet. Holtz f rounded out to Paulet, unassisted. NO IIT8, NO RUNS. Robertson beat out a bunt and took second when Smith threw wild to first. Schmidt hit in front of the plate and was out, Chapman to Agler. Clark flied to Holtz and Robertson scored after the catch. McGill grounded out to Agler, unasslBted. ONE HIT. ONE RUN FIFTH INNING. Manush flied to Clark. Chapman flied to Robertson. Clark popped to Stock. NO HITS, NO RUNS. Campbell grounded out, Clark to Ag ler. Stock grounded out, Agler to Clark. Starr walked. O’Dell lined to Clark. NO HITS, NO RUNS. SIXTH INNING. Long filed to Robertson. Agler sin gled to left. Welchonce flied to Clark. Smith filed to Robertson. ONE HIT, NO RUNS. Paulet singled to left. Robertson dou bled to left and Paulet went to third. Schmidt singled to left, scoring Paulet and Robertson. Schmidt out stealing. Chapman to Smith. Clark filed to Wel- cbonce McGill fanned. THREE HITS, TWO RUNS. SEVENTH INNING. Bisland doubled to left. Holtz ground ed out. Starr to Paulet, Bisland went to third. Manush singled to rich, scoring Bisland. Chapman singled to right and went to third when McGill let the ball get away from him. Manush scored. I Clark went out, O’Dell to Paulet. Long I singled to left, scoring Chapman. Long out stealing. Schmidt to Starr. FOUR HITS. THREE RUNS. Campbell lined to Smith. Stock | singled to right. Starr slng'ed to right. Stock went to third. O’Delf grounded out, Smith to Agler, Stock scored on the out. Paulet walked. Robertson fanned. TWO HITS. ONE RUN. * SUMMARY. jsc hits—Robertson. Bisland. it—Campbell, 1.; by Clark, 3, Bases on balls— . 2. Sacrifice hits—Agler. Clark. Stolen bases Umpires—Berger ana Thompson. r ! H INNING—Agler flied to McGill. Welchonce .1 out Star to Paulet. Smith grounded out, O’Dell N0HITS.N0 RUNS. ! singled to left. Clark grounded to Manush, r ' smdf at second to Smith. McGill singled to left. * ted to Long. Stock also flied to Long. NO '0 RUNS. i i NING- island flied to Robertson. Holtz Manush fanned. M0 HITS. NO r:.m NATIONAL LEAGUE 1 AT PITTSBURG— BROOKLYN 100 000 ... - . . PITTSBURG) 030 000 ... - . . Ragon and Miller; McQuillen and G Ibaon. Umpires. K*em and Orth, AT CHICAGO— NEW YORK 000 00. ... - . . CHICAGO 001 00. ... - . . Tesreau and Meyesr; Cheney and Breenahan. Umpires, Rlgler and Byron, AT CINCINNATI— PHILADELPHIA .10 - . . CINCINNATI 20 - . . Brennan and Kllllfer; Ames and Cl ark. Umplree, Brennan and Eaton, AT 8T. LOUIS— BOSTON 0 - . . ST. LOUIS 3 - . . James and Rarlden; Harmon and Wingo. Umpire*, O'Day and Ematla. AMERICAN LEAGUE AT PHILADELPHIA— ST. LOUIS 000 00. ... - . . . PHILADELPHIA ........ 010 01. ... - . . . Wellman and Alexander; Bush and Schang. Umpires, Evans and Hilde brand. A7 NEW YORK— CHICAGO 000 000 . . - . . . NEW YORK 000 000 ... - . . . Russell and Schalk; Fisher and Swtenty. Umplra,, Egan and Dlnaan. Other games off, rain. For Remainder of Details See Red Type. Millionaire Is Buried In Big Cement Block DE8 MOINES, July 30.—A coffin containing the body of Oliver H. Per kins, millionaire, who died recently, has been placed ip th* heart of a block of cement 10 feet deep by 10 feet square In Woodlawn Cemetery. An excavation 10 feet deep by 10 feet square was made. Cement was poured in to a depth of 3 feet, upon which was placed a steel casket. Then the pouring of cement was resumed unttl the grav| was filled. Evelyn Just> Hates The Name of Thaw NEW YORK, July 30.—Evelyn Nesblt Thaw, or, as she Insists on being called, Evelyn Nesblt, returned to America to-day on the liner Olym pic to All a theatrical engagement. “If the manager of my production in New York Insists on billing me as Evelyn Nesbit Thaw," she said, “I shall positively refuse to appear In his company. I am done with the Thaw family for good. It is not right to msjte it appear that I am trying to parade the name of Thaw. I am pos itively Evelyn Nesblt.” Mumps Conquered Through Inoculation Special Cable to The Georgian. PARIS. July 30.—Inoculation of children against the mumps is now possible, according to an announce ment of Drs. Nicole, Conceil and Roux, who have been experimenting with the microbe. 16-Year-Old Boy On Trial for Slaying GAINESVILLE, GA., July SO —Bar tow Cantrell. 16 years old, to-day is being tried for the murder of Arthur Hawkins on May 27. He first decided to plead guilty and said his brother, Jim Cantrell, hired him to kill Haw kins. Jim Cantrell has been found guiity of murder without recommen dation. Mrs. Silva Hawkins, wife of the murdered man, has not yet been tried. Jim Cantrell Is likely to be the first white man to be hanged In Hal! County. Autoist Hurled Into Windshield Is Dying AURORA, ILL., July 30.—John Stewart, millionaire owner of six banks in the Eox River Valley and known over the United States as a lumber magnate, to-day was hurled through the glass shield of his auto mobile and suffered probably fatal in juries. He was returning from the wedding of his granddaughter. Esther Stewart, and Archibald Richards at Elburn. Ill., where he had given the bride a wedding present of 6100,000. THE WEATHER. Forecast for Atlanta and Georgia.—Local thunderghow- ers Wednesday and Thuraday. National Assurance Head Under Arrest On Fraud Charge On a warrant sworn out at Ltncoln- ton, Ga., Harry C. Conley, No. 848 West Peachtree street, president of the National Assurance Company at the time a receiver was appointed, has been arrested by the Sheriff of Fulton County. Conley will be taken to Washington. Ga., for a hearing on the charge of swindling and cheating. A request for the extradition of Conley was made some time ago by the authorities of another State, but was refused on the ground that tha crime of which he was accused was committed in Georgia. P. C. McDuffie represents the pros ecution. James Wrlghth as been re tained by Conley. Boy in Knee Pants Jailed as Slayer VALDOSTA. July SO.—Henry Mil ler, a boy In knee trousers, la to-day In Jail here charged with the mur der of Walker Smith at Melroae, last night. Miller, It Is alleged, stabbed Smith to the heart with a barlow knife. Smith dying in a few min utes. Miller and Smith were employed , t the turpentine distillery of W. M. Miller, brother of the alleged slayer. Smith had charge of the mules and objected to Miller riding one of them. A quarrel followed. The dead man was 23 years old. He left a wife and two children. ^