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1 iXTI \K r Fhe Atlanta Georgian Read for Profit—GEORGIAN WANT ADS—Use for Results Nl< EDI aHT TION — VOL. XII. NO. 8. ATLANTA, GA., TUESDAY, AUGUST 12, 1913. By W^'ca 2 CENTS. p more°| JUDGE ROAN BARS ATTACK ON FRANK’S CHARACTER +•+ +•+ +•* +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ Cook Repudiates Affidavit; Charges Intimidation EXTBADITIOIII Executive’s Action Comes as the Supreme Court Reverses Rul ing Favoring Father. The Supreme Court Tuesday re versed the decision of Judge Ham mond, of Augusta, awarding the two Zachry children to the father, there by further complicating the sensa tional case In which requisition pa pers by Governor Cole Blease for Zachry were refused by Governor Sla ton Tuesday morning. According to the ruling of the Su preme Court, the decision awarding the children to the father is reversed and remanded to Judge Hammond's court for further hearing. The ruling . further specifies that Judge Ham mond may exercise his discretion In awarding the custody of the children, which is contrary to the opinion ren dered by Judge Hammond, who held previously that he was forced to a\ ard the children to Zachry because of a previous judgment. The effect of tjie ruling will be to put the whole mattdr back in the ^Augusta courts, with the possibility that Mrs. Zachry will be awarded the custody of the two children. Governor Slaton based his refusal on the fact that no State law had been violated by Zachry in South Carolina and that the whole case was against the defendant grew out of the desire Mrs. Zachry to obtain the custody of the two children. One o. the most spectacular fights for the extradition of a citizen ever recorded in Georgia occurred in the Governor’s offices Monday. Clfarges and counter charges were hurled in turn by counsel for the defense and for the State of South Carolina, and at one time a personal mix-up be tween Attorney Dunbar, representing Mrs. Zachry, and Attorney Phinizy, re -resenting Mr. Zachry, who charged that the case had been prosecuted with all the “vindictiveness” that Mr. Dunbar could summon, was nar rowly averted by the Governor. Slaton Draws Line, “You may wax Just as enthusiastic as you like," said Governor Slaton to Mr. Phinizy, “but you can’t say those things. That will not do here.” The hearing was as unique as it was spectacular. With the Governor sitting as both court and jury, at torneys for the defense and plaintiffs were allowed to argue their cases to their hearts’ content with frequent interruptions by the Governor, who kept close tab on every bit of evi dence offered. In addition to the three attorneys for Zachry, Cohen and Phinizy, of Augusta, and West, of Thompson, E. D. Clary, Mayor of Harlem, the defendant’s home town, testified in behalf of Zachry. Attorneys .Rem- bert, of Columbia, S. C., and Dunbar, of Augusta, represented the State of gouth Carolina. Mayor Clary, of Harlem, created a sensation when he testified that he had on one occasion pulled Mrs. Zachry and her mother off Zachry following an attack. Mrs. Zachry, he declared further, had said in his presence that if the did not get her children she would have to kill her husband. Kidnaping Charge Irrelevant. The climax of the hearing, was reached, however, when the attorneys f or Governor Blease virtually admit ted to Governor Slaton that the charge of kidnaping, as incorporated in the requisition papers, was not relevant and that practically all that Mrs. Zachry wanted was the custody of the two children. In substantiation of the latter statement Governor Slaton referred to a letter which he himself had re ceived from Mrs. Zachry, in which, he declared, it seemed that all that Mrs. Zachry wanted was the children. This testimony of the Governor and the startling admission of Attorney pembert. representing Governor Blease, broke down the whole argu ment of the plaintiff and really marked the turning point in the hear ing. RACING RESULTS AT SARATOGA. FIRST—furlongs: Pennant 102 (Wolfe), 4-1, 8-5, 4-6, won; Stromboll 107 (MeTaggart), 7-10. 1-3. out, second; Surprising 110 (Davies), 4-1, even, 2-5, third. Time 105 4-5. Also ran: Pan American, Rost, Decoy, Florin, Trade mark, May Dora. SECOND—Mile and one-tlghth: War- horn 108 (MeTaggart), 4-6, 1-3, out, won; Fred Mulholland 105 (Butwell), even, out, second; Inspector Lestrade 105 (Rowley), 40-1, 8-1, 2-1, third. Time 1:52 4-5. Also ran: Creme de Menthe, Breaker Boy. THIRD—Seven furlongs: Ella Bryson -06 (MeTaggart), 3-1, even, 2-5, won; Genesta 102 (Wolf), 9-5, 7-10, 1-4, sec ond; Palanquin 112 (Karrlck), 5-2, 4-5, 2-5, third. Time, 1:25 4-6. Also ran: Judge Walser, Grover Hughes, Brook field. FOURTH—Mile: Reybo\irn 92 (Mc- Taggart), 8, 7-5, out, won; Ten Point 122 (Loftus), 2-5, out, second; Night Stick 105 (Ambrose), 5, 4-5, out, third. Tim,e 1:37. Also ran: Cliff Edge. AT FORT ERIE. FIRST—5 furlongs: Patience 104 (Montour). 11-5, even, 1-2, won; Manners 112 (Obert) 5-1. 2-1, even, second; Zo diac 100 (Callahan), 10-1. 4-1, 2-1. third. Time 1:03 2-6. Also ran: Lady Isle, Woodrow, Behest, High priest, Buzz Around. Indolence, Grandness. SECOND — Mile: Crystiawoga 100 (Obert), 9-1, 3-1, even, won; Caper- sauce 108 (Small). 18-5, 7-5. out, sec ond; Rockspring 108 (Buxton), 13-5 4-5. out, third. Time 1:43. Also ran: Hav- rock, Ondramon. THIRD—Distance not given: Ennis Killen 165 (Bowser), 4-5, 1-4, out, won; Guncotton 154 (Dupee), 3. 7-10, out, sec ond; Luckola 147 (Cassidy), 9-2, 7-5, out, third. Time, 3:67 3-5. Also ran: Melos. ENTRIES ON PAGE 11. AUTQTOURISSMITHMEN LATEST NEWS \ .t LONDON, Aug. 12.—The shad ow of another war in the Bal kans hangs over Europe. Sir Ed ward Grey, British Foreign Min ister, announced in the Mouse of Commons to-day that if Turkey refuses to give up Adrianople at the insistence of Bulgaria, the powers will not be able to divert the consequences, “no matter what their character.” WASHINGTON, April 12.—The direct overture of the United States to the Huerta administra tion—the tender of American aid in the effort to restore peace in Mexico—is expected to be trans mitted by Envoy Lind to the Mex ican national palace within a few hours. MILWAUKEE, WIS.. Aug. 12. There will be no formal organiza tion of a National Council of Catholic Women at the convention of the American Federation of Catholics this year. This was practically determined this fore noon at the preliminary meeting of the women called to plan the perfecting of such a council. LOUISVILLE, KY„ Aug. 12.— The Ohio River is at the lowest stage in years as a result of the drouth, and coal shipments have suspended. Three million bushels of coal due for shipment south are tied up at Pittsburg. SAN FRANCISCO, Aug. 12.— Eleanor Fay. who says Louis R. Glavis, of Ballinger cas e fame, is her fiance, tried to end her life by swallowing carbolic acid while on a ferry boat plying the bay. She asserted she was to wed Glavis soon. I. T. U. Officers May Serve Indefinitely NASHVILLE, TENN., Aug. 12.— President Lynch, of the International Typographical Union, won another victory at the annual convention of the order to-day when the delegates sustained by an overwhelming vote the recommendation of the committee on laws that reported unfavorably on the proposition to make officers of the International Union Ineligible to serve for more than two years. This proposition by Delegate Beadle, of Ta coma, Wash, was aimed particularly at President Lynch. AMERICAN ASSOCIATION. FIRST GAME. Milwaukee-Louisville, no game, wet grounds. FIRST GAME. Scor$: R. H. E. St. Paul 013 000 010—5 12 4 Indianapolis .... 100 000 000—1 4 3 I Walker and James: Burk, Norton and Casey. Umpires, Chill and Irwin. THE WEATHER. Forecast for Atlanta and Georgia—Fair Tues day and Wednesday. Calls Hearst's Sunday American Pathfinding Trip to Pacific a Sign of Progress. Declaring that the promotion of good roads and cross-country high ways, such as the proposed trans continental route from Atlanta to San Francisco, was the best evidence of the progress of the people, Gov ernor John M. Slaton Tuesday placed his stamp of approval on the cam paign of Hearst’s Sunday American to “pathflnd” an all-Southern coast- to-coast route, which will be inau gurated next Monday. The Governor declared emphatical ly that the promotion of a project of this kind meant not only a bigger and better Georgia but a more pros perous Southland through the closer communication of the people of dif ferent States by means of good roads. “No better evidence of the progress of a people can be had,” said Gover nor Slaton, “than promotions of this sort for better road and highway fa cilities. Obviously better roads with in a State bring the people into closer communication with each other and this makes for increased interchange Of both trade and mind products. Chance to Make Friends. “Of course there is much larger significance in this project which con templates a highway from our city through the rich and prosperous Southland all the way to the rich Pacific Coast. Such a highway will afford the people of different States the opportunity to become better ac quainted with each other, and, surely, no one can question that this can only be highly beneficial to all con cerned. It is especially needed in the South with its wonderful resources, much of which has as yet been bare ly touched in development. “I can see no reason why this project inaugurated by The Sunday American should not go through as planned. Just such things were done by the ancient Romans—witness the great highways which stretched out in all directions from ancient Rome, making it the very hub of the world. Surely w® can do as much if not more.” Practically every plan for the In auguration of the monster campaign is complete. “Pathfinder” Ferguson has had scarcely a minute of rest since arriving in Atlanta Saturday, for he is leaving out not one detail zt the big trip. Reception Pleases Trail Blazer. He stated Tuesday tha* he was much pleased with the reception ac corded him since arriving in Atlanta, and would leave the city next Mon- | day with deep regret if it were not for the fact that he Is engaged in a cam paign which means so much not only for Atlanta, but for Georgia and the South. The official s^art from Atlanta next Monday will be featured by a vreat parade strictly in keeping with the monster campaign which is being in augurated. Among those who will have a place in the parade will be the Fifth Regiment Band, which will head the procession: a big Alco truck, Chief of Police Beavers in his auto mobile. Chief Cummings of the fire department, other public officials. In cluding Mayor Woodward and mem bers of the Council, in specially dec orated automobiles; scores of auto mobiles and motorcycles that have participated in the races at the Drome. Great Auto Parade Planned. If indications apparent one week before the inauguration of the big campaign amount to anything, Atlan ta will witness on next Monday one of the biggest motor parades ever pulled off in the city. Mr. Ferguson, accompanied by his wife and two children and a local newspaper man, will go direct to Bir mingham. the first official stopping place. From Birmingham the parij will proceed to Montgomery, thence to New Orleans, Houston, Dallas. Fort Worth, Tucson. San Diego, Los An geles and San SOUTHERN LEAGUE Crackers Jump on Hardgrove and Pound Him From Box; Dent Faces Barons. AT MOBILE MONTGOMERY . 20. . •• ••• “ , , , MOBILE 20. . •• ••• " • • • AT NASHVILLE— CHATTANOOGA 1.. . • • ••• “ • • • NASHVILLE .... 0.. . • • ••• “ • • • AT MONTGOMERY— MEMPHIS 0.. . NEW ORLEANS. 0.. . . . . , S , K issmper and Seabough; Stockdale. Glavlnlch and Yantc. Umpires, Ptennlnger and Score by innings : ATLANTA 150 0 BIRMINGHAM 000 0 THE BATTING ORDER. Agler, lb Marcan. 2b Long, If Messenger, rf Welchonee, cf McBride, If Smith, 2b Knbseley, cf Risland. ss Mayer, c Holland. 3b McGilvray lb Holtz, rf Ellam, *s Chapman, c Carroll, 3b Dent, p Hardjjrrove, p RICKROOD PARK, BIRMINGHAM, ALA., Aug. 12.—Billy Smith’s warriors Jumped on Hardgrove In the first and second innings and amassed a lead of six runs over the Barons. He was re placed by Gregory In the third, inning Elliott Dent was on the hmrling hill for the visitors and was strong In the early session. FIRST INNING. Agler out, Ellam to McGUvray. Long out over the same route- Welchonee beat out a hunt. Smith doubled to right scoring Welchonee. Bisland popped to McGilvray. TWO HITS, ONE RUN Marcan walked and wtts out stealing, Chapman to Smith. Messenger Died to Welchonee. McBride popped to Holland. NO HITS. NO RUNS. SECOND INNING, Holland singled to left. Holtz popped to McGilvrav. Chapman walked. Deni singled'to right scoring Holland, Chap man went to third. Agler hit by pitched ball. Long walked, forcing In Chapman. Welchonee singled to left scoring Dent and Agler. Smith filed to McBride. Long scored after the catch. Bisland out, Marcan to McGilvray. THREE HITS. FIVE RUNS. Knlseley popped to Bisland. Mayer filed to Long McGilvray out, Smith to Agler. NO HITS, NO RUNS. THIRD INNING. Gregory relieved Hardgrove Holland singled to center. Holtz hit into a dou ble play, McGilvray to Ellam to McGil vray. Chapman out, Ellam to McGil vray. ONE HIT, NO RUNS. Ellam out, Bisland to Agler. Carroll singled to center. Gregory out, Smith to Agler. Marcan out, Agler to Dent. ONE HIT, NO RUNS. FOURTH INNING. Dent popped to Marcan. Agler pop- S ed to Carroll. Long out, Marcan to IcGllvray. NO HITS. NO RUNS Messenger popped to Chapman. Mc Bride filed to Holtz. Knlseley fanned. NO HITS. NO RUNS STfllE CHARGES IHA IJ Ji iuit uit b AMERICAN LEAGUE AT PHILADELPHIA— CHICAGO 010 000 2.. - . . . PHILADELPHIA 000 000 1.. - . . . Scott and Kuhn; Brown and Lapp. Umpires, Connolly and Femuaon. AT NCW YORK— ST. LOUIS 100 204 0 .. - . . . MW YORK 100 000 0.. - . . . Mitchell and Alexander; Schulz and Sweeney. Umpires, O’Loughlln and Sheridan. Cleveland-Washington, no game; rain. Other games not sched uled. NATIONAL LEAGUE ] AT PITTSBURG— CINCINNATI 200 000 0.. - . . . PITTSBURG 400 100 0.. - . . . Brown, Packard and Clarke; McQuI Hen and Gibaon. Umpires. Brennan and Eason. AT BROOKLYN— NEW YORK 100 003 ... - . . . BROOKLYN 201 100 ... - . . . Demaree and McLean; Walker and Fiacher. Umpires, O'Day and Quigley. FIRST GAME. AT B06TON— CHICAGO 100 200 000 - 3 5 3 BOSTON 000 034 00 7 10 4 Cheney, Moore and Arcfier and Bresnahan; Dickson, Perdue and Rariden. Umpires. Klem and Orth. SECOND GAME. CHICAGO , 100 00. ... - BOSTON 110 23. ... - . . . Stack and Bre*na n an; Hees and Whaling. Umpires, Klem and Orth. Other games not scheduled. CAROLINA LEAGUE. FIRST GAME. Score: R. H. E. Charlotte 040 003 001—8 17 2 Raleigh 000 001 000—1 8 1 Jarman and Lldgate; Fahrer and Mc Pherson. Umpire, McBride. Po^smouth-Newport News, rain. Richmond Petersburg, rain. EMPIRE LEAGUE. AT WAYCROSS— BRUNSWICK— 1 - . . . WAYCROSS— 0 - . . . Falrcloth and Coveney; Hartner and Pierre. Umpire, Derrick. AT AMERICUS— CORDELE— 000 0 - . . . AMERICUS— 200 0 - . . . Hall and Bowdon; Dacy and Man chester. Umpire. Gentle. AT THOMASVILLE-— VALDOSTA- 0 - . , . THOMASVILLE— 1 - . . . Zellers and Wise; Day and Dudley. SOUTH ATLANTIC LEAGUE. AT CHARLESTON— MACON— 001 - . . . CHARLESTON- 000 - . . . Smith and Berger; Winched and Men* efee. Umpire, Moran. AT JACKSONVILLE— SAVANNAH- 01 - . . . JACKSONVILLE- 00 - . . . Robertson and Geibel; Burmelster and KreiMb Umpire, Barr. SULZER BATTLES PLAN 1B STORIES [SCHIST ALBANY, N. Y., Aug. 12.—At 3:15 p. m. the Assembly took a recess until 8:30 to-night. The majority to pass the impeachmsnt resolution is still lacking, but the anti-Sulzer leaders expect to have the members rounded up to-night. ALBANY. N. Y.. Aug. 12.—Govern or William Sulzer*s political life hang* in the balance to-day. Faced by a hostile Legislature. Governor Sulzer. with his back to the wall, fought with more vigor than he had pressed into any other contest in his long politi cal career. Before the Assembly convened to vote on the resolution that Sulzer should be impeached for “high crimes and misdemeanors” for the alleged private use of political funds and “peculation in Wall Street, opponents of the Governor claimed to have enough vote* to pass the resolution At least five of the Judges of the Court of Appeals must participate In the impeachment trial, and support ers of Governor Sulzer rely upon the judicial rather than the legislative action of the proposed court of im peachment for a favorable decision in the involved case. The resolution of impeachment, whose formulation Is based on find ings of the Frawley legislative com mittee, was Introduced in the As sembly at 12:15 a. m., when 101 of the 150 members were present, but it was predicted that close to a full at tendance would be on hand to-day Democrats opposed to Governor Sul zer appointed committees to see that every member was in his seat. INTERNATIONAL LEAGUE. FIRST GAME. Montreal-Baltimore, no ga^.e, wet grounds. FIRST GAME. Score: R. H. E. Rochester 000 100 000—1 8 1 Newark 000 200 OOx— 2 6 1 Keefe and Jacklltsch; Barger and Higgins. Umpires, Mullen and Kelly. SECOND GAME. Montre«i-Baltlmore, no game, wet ALLEN SITE Dr. E. L. Connally and associates will.soon start the construction of a sixteen-Kory office building on the site of Brown & Allen’s drug store, southeast corner of Whitehall and Alabama streets, if plans which are under way are consummated. An nouncement was made unofficially at noon Tuesday that Dr. Connally has been in consultation with W. I.. Stod- dnrt of New York an*’ Atlanta, an’ other architects, /rorn whom he has received tentative plans. In fact, an engineer representing a local architect surveyed the ground last week and made measurements of the stores in the bulldirg. Dr. Con nally could not be reached for an ex pression as to his plans, and his son. Thomas W. Connally. refused to be quoted. Such a move has been in contem plation for several years. Two years ago Dr. Connally had an architect sketch a twentv-story building, and since then he has had more or less definite Intentions to erect a build ing that will be a credit to the sec tion and to the city. The structure which Dr. Connally is planning will cost probably $750,000. and will be a distinct addition to the line of attractive buildings on White hall. It will probably be known as the Connally Building, after its builder, who likewise erected the old struc ture. The present building is 30 years o.’d and it must soon be repaired or torq down. About a year ago a brick wall was placed in the center. The struc ture is three stories and of brick. The lot is about 90 feet square, an 1 a sixteen-story office building would give 129,800 square feet of floor spac'v Frontage near this point seldom changes hands, but is estimated to be worth from $7,500 to $10,000 in a transaction with no exchange ele ments, or $675,900 to $900,000. Brown & Allen now pay $1,000 a month for the conre. It was declared. Here are the important developments Tuesday in the trial of Leo M. Frank, charged with the murder of Mary Phagan: State announces its theory that Frank planned a crimina' attack upon Mary Phagan the day before she came to the factory for her money. The court and chaingung record of C. B. Dalton, the State’s witness who testified that he had seen womei in Frank’s office, was shown up by the defense and admitted by Dalton. Four acquaintances of Dalton testify that they would not believe him under oath and that his reputation for truth ard veracity is bad. C. E. Pollard, expert accountant, testifies that it required him three hours and eleven minutes to compile the financial sheet that the defense claims Frank prepared the afternoon of the murder. Miss Hattie Hall, stenographer, says that Frank did no work on the financial sheet Saturday morning, the day of the crime. Jim Conley’s declaration that Lemmie Quinn came into the factory and left before the arrival of Monteen Stover, who came at 12:05 o'clock, is challenged by the testimony of Miss Hall, who swears Quinn did not enter the factory before she left at 12:02 o’clock. Magnolia Kennedy, worker at the pencil factory, testifies she laid her hand and Helen Ferguson's shoulder when they drew their pay and that the girl did not ask for Mary Phagan’s wages. She says Schiff paid off. Miss Kennedy says hair found in lathe look ed like slain girl’s. Sinister intimations made by Solicitor Dorsey in questioning Will Chambers, a boy in the factory, who denies alleged conver. sations, are ordered ruled out. Attorney Arnold threatens to move ft r a mistrial if any fur ther intimations of this sort are allowed tc be heard by the jury. Minola McKnight, cook in the Frank household, gives evi dence against that offered by her husband and declares detectives tried to make her swear to lies. She admitted she signed the affi davit reporting alleged conversations between Mrs. Frank and the prisoner, but insisted it was a lie and that she signed because the detectives threatened to lock her up if she did not. Determined attempts by the State to introduce further evi dence of the alleged degeneracy of Leo M. Frank were frustrated Tuesday afternoon by the protests and objections of Attorney Reu ben Arnold. “If any further effort is made to introduce such testimony, I shall move for a mistrial,’’ declared Arnold to the court. Solicitor Dorsey sought to get the testimony from Philip Chambers, a 15-year-old office boy who was in the pencil factory from last December until March. The Solicitor Questioned the boy about alleged conversations with J. N. Gantt, and the boy de nied them. Arnold objected and all the questions along this line were ruled out. Dorsey said he would call Gantt in rebuttal. Minola McKnight, the negro cook whose sensational affidavit concerning occurrences in the Frank home the day of the tragedy and the night and morning following created a stir early in June, utterly repudiated the affidavit to Attorney Arnold and Solicitor Dorsey. She declared that it all was “a pack of lies’’ and that she had been browbeaten and bulldozed by the detectives into signing it under threat of spending a term in jail. All of this, she swore, had been invented by her husband. In addition, she declared her husband had not been at the Frank home April 26. McKnight swore he w;as there and saw Frank come home and then depart hurriedly without eating anything. Dorsey was not able to shike her in her denials of the truth of any part of the statement. Gordon Bailey, one of the sweepers at the factory, testified that he had not heard Frank ask Conley to come early Saturday to the factory and that he never had seen women in Frank's office nor Conley watching at the factory door. He testified that he saw Con ley looking at the newspapers at the police station. The State definitely announce! Tuesday its theorv that Frank de liberately premeditated and planned a criminal attack upon Mary Pragan Friday, April 25, the day before she came to the factory and was slain. Frank A. Hooper, associated with Solicitor Dorsey in the prosecution, made the surprising announcement of the State’s attitude during a heated argument over the admissibility of a, portion of the testimony of of the defense’s witnesses. Miss Hattie Hall, stenographer at Montag Bros, and occasionally employed at the Nationsi Pencil Factory. That the State was working upon the theory of premeditation was hint ed by the questioning of Helen Fer guson several days ago but Attorney Hooper’s address to the court was the first open declaration. The oouTt and chaingang record of C. B Dalton, a State’s witness against Frank, was given an airing by Attor ney Arnold. Dalton was recalled iO the stand and made to admit .that h. had been sent to the chain *n A