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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 +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•4* 4**+ +•+ +•+ 4*#+ 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.