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ALWAYS FIRST ® <n> The SUNDA Y AMERICAN Order It NOW The Atlanta Georgian. Read for Profit—GEORGIAN WANT ADS—Use for Results HOME EDITION Both Phones Main 100 YOL. XII. NO. 8. ATLANTA, GA„ TUESDAY, AUGUST 12, 1913. 2 CENTS. XrS Io J—J JL-X JL JL 1V/1 1 1. STATE *•+ +•+ +•+ +•+ Defense CHARGES PREMEDITATE! 4.*+ +•+ .j.** 4.*.j. 4.*4- 4.,4. 4-e* +•+ +•+ *»•}• +*4* +•+ +•+ +•+' 4-»* Forces Dalton to Admit Jai CRIME 4*+ +•+ +•+ 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