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YOL. XII. NO. 8. ATLANTA, GA„ TUESDAY, AUGUST 12, 1913. 2 CENTS. XrS
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1.
STATE
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Defense
CHARGES PREMEDITATE!
4.*+ +•+ .j.** 4.*.j. 4.*4- 4.,4. 4-e* +•+ +•+ *»•}• +*4* +•+ +•+ +•+' 4-»*
Forces Dalton to Admit Jai
CRIME
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Record
Executive’s Action Comes as the
Supreme Court Reverses Rul
ing Favoring Father.
The Supreme Court Tuesday re
versed the derision of Judge Ham
mond, of Augusta, awarding the two
Zaehry children to the father, thers-
by further complicating the sensa
tional case in which requisition pa
pers by Governor Cole Blease for
Zaehry 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
award the children to Zaehry because
of a previous Judgment.
The effect of the ruling will be to
put the whole matter back in the
Augusta courts, with the possibility
that Mrs, Zaehry will be awarded the
custody of the two children.
Governor Slaton baaed his refusal
on the fact that no State law had
been violated by Zaehry in South
Carolina and that the whole case was
against the defendant grew out of the
desire of Mrs. Zaehry to obtain the
custody of the two children.
One ot the most spectacular fights
for the extradition of a citizen ever
recorded in Georgia occurred in the
Governor's offices Monday. Charges
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. Zaehry, and Attorney Phinizy,
representing Mr. Zaehry, 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 Zaehry, Cohen and Phinizy, of
Augusta, and West, of Thompson,
E. D. Clary, Mayor of Harlem, the
defendant’s home town, testified in
.behalf of Zaehry. Attorneys Rem-
bert, of Columbia, S. C., and Dunbar,
of Augusta, represented the State of
South Carolina.
Mayor Clary, of Harlem, created a
sensation when he testified that he
had on one occasion pulled Mrs.
Zaehry and her mother off Zaehry
following an attack. Mrs. Zaehry,
he declared further, had said in his
presence that if she 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
for 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. Zaehry wanted was the custody
of the two children.
In substantiation of th e latter
statement Governor Slaton referred
to a letter which he himself had re
ceived from Mrs. Zaehry, in which,
he declared, it seemed that all that
Mrs. Zaehry wanted was the children.
This testimony of the Governor and
the startling admission of Attorney
Rembert. representing Governor
Blease. broke down the whole argu
ment of the plaintiff and really
marked the turning point in the hear
ing.
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 “pathfind” 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 e 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 that 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 start from Atlanta next
Monday will be featured by a great
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 par v >
will proceed to Montgomery, thence iu
New Orleans. Houston. Dallas. Fort
Worth, Tucson, San Diego, Los An
geles and San Francisco.
MEDICAL EXPERTS WHO
FOR DEFENSE IN THE
iu
TESTIFIED pm
FRANK TRIAL ; bln
WORK ON FATA
T. H. HANCOCK.
WILLIS F. WESTMORELAND.
J. C. OLMSTEAD.
Bill Providing Home
For Wayward Girls
Is Passed in House
The bill introduced in the House by
Representatives J'inei* of Coweta and
Mills of Butts County providing for a
home for wayward g.rls to be called
the “Georgia Industrial Home for
Girls,'’ carrying with it an appropri
ation of $30,000, was passed Tuesday
after much discussion, by a vote of
115 to 46.
Twenty thousand dollars will os
used as a building fund and the re
maining $10,000 will be used as a
maintenance fund. The bill met with
bitter opposition by Fullbright of
Burke County, who declared it w^s
of no use, as the Senate would not
act on the measure. The Speaker of
the House informed the gentleman
from Burke that he had received word
from the President of the Senate tnat
the Senate would consider it.
Shuptrine of Chatham made a mo
tion to have the bill tabled. The mo
tion was lost, 106 to 54. The bill also
provides for a board of managers con
sisting of five members, two of which
shall be women. Minor amendments
to the bill were considered.
It All Depends on
The Point of View
lVANNA h,
Aug. 12.—
order John E.
i w a r tz fined
s Bessie Car-
150 for ap-
rlng in the
iping district
» in a short
t and low-cut
CLARKES-
BURG, W. VA.
Aug. 12.—A young
woman arrested
for wearing an
“expose gown’
was discharged by
the Mayor, who
called her cos-
t u m e “becoming
and artistic.”
CHAMBER GIVES BANQUET.
W. H. Leahy, secretary of th*
Chamber of Commerce, announced
Tuesday that the chamber will hold a
banquet Wednesday night at the Ho
tel Ansley.
Chamberlain Fills
Johnston's Place
On War Committee
WASHINGTON, Aug. 12.—At a
meeting of the steering committee of
the Senate to-day Senator Chamber-
lain, of Oregon, was selected as chair
man of the Military Affairs Commit
tee to succeed the late Senator John
ston, of Alabama. Other appoint
ments which will be recommended
along with this were:
Senator Meyers, of Montana, chair,
man of the Committee on Public
Lands; Senator Smith, of Arizona,
chairman of the Committee on Irriga
tion and Senator Vardaman, of Mis
sissippi, chairman of the Committee
on Conservation.
What Is It?
That talks to all,
But can not speak;
That can not walk,
But runs a week;
That has no life,
Yet travels miles,
And turns your frowns
To cheery smiles.
A MIME GEORGIAN
“WANT AD”
WHEN YOU WANT
WHAT YOU WANT
WHEN YOU WANT IT
r
ALLEN SITE
Dr. E. L. Connally and associates
will soon start the construction of a
slxteen-.rtory office building on the
site of Brown (k Allen’s drug store,
southeast corner of Whitehall and
Alabama streets, if plans which are
under way are consummated. An
nouncement was made unoffic ially at
noon Tuesday that Dr. Connally has
been in consultation with W. L. Slod-
dart of New York and Atlanta, an!
other architects, from 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 building. 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 twenty-story building, arid
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 old
and it must soon be repaired or torn
down. About a year ago a brick wail
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-storv office building woul 1
give 129,600 square feet of floor space.
Frontage near this point seldom
changes hands, but is estimated to be
worth from $7,5UO to $10,000 in i
transaction with no exchange ele
ments, or $675,000 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 chaingang record of C. B. Dalton, the State's
witness who testified that he had seen women 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 and
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 Donley’s declaration that Lemmie Quinn came into the
and left before the arrival of Monteen Stover, who came
by the testimony of Miss Hall,
did not enter the factory before she left at
12:02 o’clock.
State Announces Theory.
The State definitely announced Tuesday its theory that Frank
deliberately premeditated and planned a criminal attack upon
Mary Phagan 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 at
titude during a heated argument over the admissibility of a por
tion of the testimony of one of the defense's witnesses, Miss Hattie
Hall, stenographer at Montag Bros, and occasionally employed at
the National Pencil Factory.
Dorsey and Hooper were objecting strenuously to the admis
sion of a phone conversation between Frank and Miss Hall in which
Frank was reported to have asked Miss Hall to come over to the
\ pencil factory to assist in the clerical work, saying: “I’ve got so
much work to do that it will take me until 6 o’clock to get it done.”
Hooper, after the Solicitor had objected to the question on the
ground that it was self serving and proved nothing, declared that
the conversation not only was self-serving, but was made in de
liberate anticipation of Mary Phagan's visit to the factory in the
afternoon.
“This remark was made on Saturday morning, the day after
Mary Phagan's pay envelope was refused Helen Ferguson,” said
Mr. Hooper. “It was made in anticipation of her visit in the after
noon. It is the State’s contention that Frank deliberately pre-ar
ranged circumstances favorable to an attack upon the girl and in
cidents serving to divert any suspicion from himself.”
That the State was working upon the theory of premediation
was hinted by the questioning of Helen Ferguson several days ago,
but Attorney Hooper’s address to the court was the first open de
claration.
The court and chaingang rec
ord of C. B. Dalton, a State’s
witness against Frank, was giv
en an airing by Attorney Arnold.
Dalton was recalled to the stand
and made to admit that he had
been sent to the chaingang in
1894 on three separate counts for
stealing in Walton County.
Dalton also admitted that he had
been Indicted in 1899 in Walton Coun
ty for theft and had paid a fine of
$141.48.
Attorney Arnold showed the wit
ness copies of four indictments and
asked if he knew these had been is
sued against him in Walton County
for selling liquor to Don Tillman and
Bob Harris. Dalton denied all knowl
edge of the Indictments.
Witnesses Assail
Dalton’s Character.
As soon as Dalton left the stand
V. S. Cooper. J. H. Patrick, W. T.
Mitchell and I. M. Patrick, all rest-
dents of Walton County, w*»re called
to the stand and testified that they
knew Dalton and that they wouldn't
believe him on oath in a court
justice.
Misses Laura Atkinson anti Minnie
Smith were called and denj^d Wal- signified his desire to have hljr work
ton's testimony in regard to being in
their company.
Dalton USLified, when he was called
by the State last week, that he had
visited the factory basement with
Miss Daisy Hopkins and that he fre
quently had seen Frank in hie office
with women.
An unassailable alibi was the ob
ject in view when the attorneys for
Frank began the questioning of a
long line of witnesses who were
called to testify in regard to every
known movement of Frank Saturday,
April 26, the day that Mary Phagan
was slain.
The testimony of Miss Hattie Hall
was the first along this line. That ot
Alonzo Mann, office boy. was next.
That Frank did not do any work
on the financial sheet Saturday fore
noon was one of the most Important
declarations made by Miss Hall. She
had testified at the Coroner’s inquest
I that she assisted Frank in compiling
this sheet, but she explained to So
licitor Dorsey that she was mistaken,
and it was only one of the tabula
tions from which the financial sheet
was being made that she had worked
on.
Her testimony on this point strikes
at the State’s theory that Frank did
the work in the forenoon.
Miss Hall also testified that Frank
SULZEH BATTLES
IMPEACHMENT
PROCEEDINGS
ALBANY, N. Y., Aug. 12.—Govern
or William Sulzer’s political life hangs
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
speculation in Wall Street, opponents
of the Governor claimed to have
enough votes 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 thfin 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.
THE WEATHER.
Forecast for Atlanta
and Georgia—Fair Tues
day and Wednesday.
—t