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EXTRA
The Atlanta Georgian.
Read for Profit—GEORGIAN WANT ADS---Use for Results
VOL. XII. NO. 8. ATLANTA, GA„ WEDNESDAY, AUGUST 13, 1913. 2 CENTS. P M A J R £°
FLORIDA
EXTRA
STATE WILL CALL 50 MORE WITNESSES
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Defense Forces Dalton to Admit Jail Record
Executive's Action Comes as the
Supreme Court Reverses Rul
ing Favoring Father.
The Supreme Court Tuesday re
verted 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 reverseo
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 Zachry 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. 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 cfcizen 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. 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 th e State of
South Ci-colina.
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 she did not get her
children, she would have to kill her
husband.
Kidnaping Charge Irrelevant.
The cl max of the hearint, 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. Zachry wanted was the custody
of the two children.
In substantiation of the latter
Statement' Go.verno" Slaton referred
to a letter which he himself had re
ceived from Mrs. Zachry, in which,
he declared, seemed that all that
Mrs. Zachry wanted was the children.
This testimony of the Governor and
•Tie 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.
Governor O'Neal Names Alabama
Congressman as Successor to
Late Joseph F, Johnston.
MONTGOMERY. Aug. 11.—Gov
ernor O’Neal this afternoon appointed
Congressman Henry D. Clayton of
the Alabama district as United
States senator to succeed the late
Senator Joseph F. Johnston. The
commission was Immediately issued
and Congressman Clayton said he
would return to Washington at once
to be sworn In. He came to Alabama
with the Congressional party that
escorted Senator Johnston’s body to
Birmingham.
Immediately following the appoint
ment Mr. Clayton announced that he
would be a candidate to succeed him
self In the Senate next year. He will
be opposed by Congressman Rich
mond Pearson Hobson, who was con
ducting a campaign when Senator
Johnston died.
Mr. Clayton, it is understood, will
not resign his seat in th? House until
he is seated in the Senate. Little
doubt of the legality of the appoint
ment exists among politicians here,
as it is understood that Governor
O’Neal acted only after being fully
informed by leading politicians in
Washington.
Children, Hurt While
At Play, Near Death
MILLVILLE, FLA., Aug. 12.—As
the result of an accident at their
home yesterday afternoon two chil
dren of H. W. Harmon, aged 6 and
8 years, are at the point of death,
one with* a crushed skull and the oth
er with a badly mutilated face. The
accident took place while they were
riding on an improvised “flying jin
ny.” Both fell while it was revolv
ing fast, the ends striking them as
they attempted to get out of the way
The “flying jinny” was made with
a 20-foot scantling on a stump with
spike driven through the middle.
Beveridge Accused
Of Forming Lobby
WASHINGTON, Aug, 12.—In an ef
fort to minimize the connection be
tween James Watson, former Rep
resentative from Indiana, and the
National Association of Manufactur
ers. counsel for the latter association
intends to show the Senate Lobby
Committee that former Senator Bev
eridge, of Indiana, really was respon
sible for the organization of a tariff
commission association to boost his
own measure.
The National Tariff Commission
Association was put on its feet by the
National Association of Manufactur
ers officials, but only, they will seek
to prove, after friends of Beveridge
had laid the plans.
Organize to Fight
Great White Plague
HUNTSVILLE, Aug. 12.—A meet
ing will be held here to-morrow for
the purpose of organizing an anti-
tuberculosis society.
At a recent mass meeting in the
First Methodist Church a committee
was appointed with R. E. Pettus as
chairman to work under the direc
tion of Dr. T. E. Dryer, county health
officer, and organize a crusade
against the white plague, which has
increased 65 per cent since last year.
Proposed Rate Cut
From West Rejected
RALEIGH, Aug 12.--Just Freight
Rate Association to-day voted unan
imously to reject a proposition for
reduction of rates from the West to
North Carolina points on the ground
that the reduction would not put the
State on a competitive basis.
The Governor and other State offi
cials are considering the proposition.
MEDICAL EXPERTS WHO TESTIFIED I nmnr HD HI mil TP
j FOR DEFENSE IN THE FRANKTRIAL|iluUOL ilUAl ilCLLu
1
J
A
Here are the important developments Tuesday in
the trial of Leo M. Frank, charged with the murder of
Mary Phagan:
It is announced the state will call more than fifty witnesses in
rebuttal of the defense’s evidence.
PUN IS SUES
ALLE1 SITE
Dr. E. L. Connally and associates
will soon start the construction of a
sixteen-ntory 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. L. Stod-
dart of New York and Atlanta, and
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 he 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, 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 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.
State announces its theory that Frank planned a criminal
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 Conley’s declaration that Lemmie Quinn came into the
factory and left before the arrival of Monteen Stover, who came
at 12:06 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 for a mistrial if any fur
ther intimations of this sort are allowed to 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.
Miss Corinthia Hall and Mrs. Emma Clark Freeman testified
they saw Frank at the factory at 11:35 and left at 11:45. This,
seems like a strong blow at Jim Conley’s story that Frank said to
him, ‘' Here comes Corinthia Hall and Emma Clark, ’ ’ when he told
him to hide in the wardrobe after the murder—or about 1 o’clock.
However, while Conley swore to this in his third affidavit, after
the discrepancy had been pointed out, he said on the stand he
wasn’t sure what Frank said.
Emil Selig, Frank’s father-in-law, testifies to the prisoner’s
actions at home the day of the murder, and says they were in no
way unusual. Several discrepancies in his story compared with
his evidence before the coroner’s jury are showed up.
Emil Selig, Leo Frank’s father-in-law, wa scalled late Tues-
dayafternoon to testify to the time Frank left and returned home
at the various times on April 26, the day Mary Phagan was slain.
It was announced Tuesday afternoon that the State had sub-
poened between fifty and sixty witnesse to be on hand Wednes
day in readiness to give rebuttal testimony as soon as the defense
rests.
Selig was th efirst of the relatives of the accused to be called.
Mrs. Selig followed her husband.
Selig declared that he did not see Frank leave Saturday morn
ing, but said he at luncheon with Frank in the afternoon. Frank
arrived home at 1:20, Seli,T testified, and had on him no scratches,
bruises or marks of any kind. According to his recollection,
Frank's demeanor was in no way unusual.
He said he ate with Frank, Mrs. Selig and Mrs. Frank, the
women leaving the table a few minutes after Frank’s arrival to
attend the Grand Opera matinee.
Selig said that Frank returned at night about 8:30 and re
mained there the rest of the night, going to bed shortly after 10
o 'clock.
Solicitor Dorsey gave the witness a grilling cross-examination
and sought t oimpeach the testimony by reference to Selig's evi
dence before the Coroner’« inquest.. The Solicitor wasable to find
anumber of discrepancies. Three witnesses were called by the
defense Tuesday afternoon, to discredit the story of Albert Mc
Knight wh otestified the first week of the trial that he had seen
Frank come home Saturdayafetrnoon at 1:30 o’clock, go hastily
to the sideboard and then leave at once on his return to the fac
tory.
C. W. Barnhart, an architect and contractor; Henry Wood,
secretary of the County Board of Cimmissioners, and Julius
Fischer, contractor and builder, were the other witnesses. All
testified they had visited the Selig home at 68 East Georgia ave
nue, where Frank lives, and had found that no one could see what
thenegro, Albert McKnigh^, described as seeing Saturday after-
WILLIS F. WESTMORELAND.
T. H. HANCOCK.
J. C. OLMSTEAD.
SULZER BATTLES
IMPEACHMENT
PROCEEDINGS
ALBANY, N. Y., Aug. 12.—At
3:15 p. m. the Assembly took a
recess urrtil 8:30 to-night. The
majority to pass the impeachment
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 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 resolutlpn 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 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.
Says Ellis Fired
To Save Own Life
BIRMINGHAM ALA., Aug. 12.-
James Oarlock, a chauffeur, put on
the stand by the defense Tuesday
morning at the preliminary trial of
Ed Ellis, who shot an.' killed Louie
Pat Roney, of Montgomery, on the
streets here on the night of July 31,
said he saw Ellis and another man
talking together, heard an oath and
then saw Roney uttern^* to draw a
pistol, and the shooting followed im
mediately.
Chief of Police Bodeker testified to
finding a pistol under the wounded
man’s body after the shooting.
Citizens Will Work
On the Public Roads
BIRMINGHAM, Aug. 12.—Promi
nent citizens of Jefferson County,,
outside of the cities, are announcing
intentions of doing personal work on
the roads of the county on Good Road
Days, in accordance to tie procla
mation of Governor O’Neal setting
August 14-16 as the days.
Jefferson County promises to do as
much as any county In the State or.
the Good Roads Days and so en
courage the movement as to warrant
the assertion that it will be a perma
nent institution.
Convict Recaptured
After Second Escape
GADSDEN. Aug. 12.—William Ken
nedy, the aged principal in the Pierce-
Kennedy feud, who is serving a life
sentence in the neniten.iary at We-
tumpka, and who, about ten days
ago. escaped and was captured at his
home near here a few days later, es
caped again last eek and was re
taken yesterday by Deputy Sherilf
Borden, of Calhoun County.
I Kennedy will be a ain taken to the
penitentiary.
Leaves Big Fortune
To Wife and Children
HUNTSVILLE, Aug. 12.—The will
of James Ed Butler, banker, merchant
and farmer of New Hope, who died
several weeks ago. has been probated.
The executors are James C. Butler,
a son, and W. D. Claybrooks, a son-
in-law. and their bonds are fixed at
$700,000, indicating that the value of
the estate in about $350,000. The wfU
directs an equal division of the prop
erty among the widow and sons and
daughters.
The estate consists of plantations
in Madison. Marshall 8r»d Morgan
Counties, the principal interest in the
big mercantile house that bears his
name and the bank at New Hope,
stock in the First National Bank of
Huntsville and majority holdings in
the oil mill at Albertville and an oil
mill ;n Birmingham.
Another Entry for
Birmingham Mayor
BIRMINGHAM, Aug. 12.—The
campaign for President of the City
Commission of Birmingham has beer,
enlivened considerably by the entry
of Vassar Allen, a young attorney of
Birmingham, who on the la?* hour
announced his candidacy. He takes ?
bold stand against George B. Ward,
former Mayor of Birmingham, who, *t
is understood, demands a strict regu
lation of the liquor traffic.
Clement R. Wood Socialist, at one
time Recorder of Birmingham, is still
making a strenuous campaign and
delivering addresses every day.
The election will be held September
15.
NEGRO CHURCH FESTIVAL.
Bethel, the oldest negro church in
Atlanta, will hold a Labor Day cele
bration at the Speedway during the
week of September 1.