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The Atlanta Georgian.
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VOL. XII. NO. 11.
ATLANTA, UA., FRIDAY, AUGUST 15, 1913.
nyrlghi 1H
he Georgia
By The Georgian Co.
2 CENTS. i mork°
HOME
EDITION
STATE
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MRS. J. W. WARDLAW.
ALBANY, N. Y„ Aug. 15.—Gover- j
nor William Sulzer. impeached by
the State Assembly, absolutely re
fused to give up the reins of govern
ment or recognize Lieutenant Gover
nor Martin H. Glynn as acting Gover
nor, pending the impeachment trial
on September 18.
Mr. Glynn delivered his ultimatum
to the Governor, and insisted on Sul
zer vacating the office. His letter
was as follows:
Hon. William Sulzer. Albany:
Sir—In the performance of the
duty which has devolved upon me
l by article 4, section 6, of the
L Constitution, I officially demand
that you deliver and surrender
\ to me as Acting Governor, during
the period of your constitutional
disability to act as Governor, the
use, possession and occupancy of
the executive chamber and offi
ces: and that you likewise deliver
and surrender to me the executive
privy seal of State of New York,
and also all books, papers, rec
ords and documents in said cham
ber or offices or elwhere in
your charge, possession or cus
tody relating to or in any wise
connected with or pertaining to
the executive department.
Respectfully.
MARTIN H. GLYNN.
Acting Governor.
Governor’s Reply to Glynn.
In his reply, the Governor said:
Executive Chamber, Aug. 15, 1913.
To Hon. Martin H. Glynn. Lieu
tenant Governor.
Sir—Yours of August 15 de
manding that I deliver and sur
render to you as Acting Governor
the use, possession and occupancy
of the executive chamber and of
fices, and that 1 likewise deliver
and surrender to you the execu
tive privy seal of the State of
New York, and also documents,
papers records in said chamber
or offices or elsewhere in my
charge, possession or custody, re
lating to or in any way connected
with or pertaining to executive
department received.
In response thereto I decline to
recognize you as Acting Governor
of the State, and decline to de
liver to you the use, possession
and occupancy of the executive
chamber and offices, or in any
way comply with the demands and
requests in vour letter.
I shall continue to exercise and
discharge the legislational duties
©f the Governor of the Stqte of
New York; first among other
reasons because I am advised
that he Assembly at its present
px/.-.ordinary session possessed
anu post?ey^es no power or author-
. itv to prefer articles of impeach
ment; and secondly, because the
Lieutenant (Governor of the State
is not authorized to act as Gov
ernor in case of the impeachment
of the Governor unless such im
peachment is sustained.
Proposes Hasty Trial.
For the purpose of preventing
*n unseemly struggle I suggest
that counsel for the lieutenant
Governor and myself agree upon a
method of submitting the question
IO the courts for decision: and
f,,r that purpose that an extraor
dinary session of the courts be
forthwith called in order that a
speedy determination may be had.
Respectfully,
WILLIAM SULZER, Governor.
Glynn’s letter was handed to Mr.
Sulzer in the Capitol shortly after
noon by Glynn's private secretary,
who had to run the gantlet of the
guards before he could get to see .he
Governor. This development fol
lowed the formal recognition of Mr.
as Acting Governor by Sec-
of State Mitchell May.
Sulzer and his counsel con
ferred upon the Glynn letter and took
steps for the next move in the bit
ter warfare belweenjhe pro-Sulzer
Continued on Page 6, Column 5.
Glynn
retary
Mr.
What Do You Know
About Ice Cream ?
What do you know about the adulterations, the
dangers, the poisons in the soda water and other
“soft drinks” that your children take if
Dr. Wilev, the great food specialist, formerly
head of the national health department, KNOWS
ALL ABOUT SUCH THINGS.
See what he has to say on the subject in the
August number of HOOD HOUSEKEEPIN(i. now
on the newsstands.
Know the risks that you and your children
run. and protect yourselves. Read Dr. Wiley’s
articles on pure food every month in Good House
keeping Magazine.
Poor Woman! She's
Losing Figure and
Getting Horse Feet
Lor Angeles,
Cal., Aug. 15.—
“In a few gen
erations Ameri
can women will
have feet like
horses.” said Miss
Clara Houston, of
Chicago, owner T
the most perfect
feet in the world,
“unless they stop
wearing slippers
and shoes that
throw the feet
out of shape and
squeeze the toes
so that they over
lap.” According
to Miss Houston,
dancing i s ex
tremely harmful
for the feet. She
declares that thvs
tango and the
turkey trot have
made a number of
chiropodists pros
perous this year.
Washington. D.
C.. Aug. 15.—The
wife of the Amer
ican farmer is
losing her figure
This is due t?
water — its hand
ling. not its use
— according t o
President Joseph
Look, of the Mis
sissippi Normal
Col legp, “The
water for the
kitchen has to he
lifted so many
times after it is
drawn from the
well,” said Mr.
Took, “that the
lift a day will be
brought up to a
ton, and the lift
ing of a ton a
day w l 1 take
the elacticity out
of a woman’s
Jiitep, the bloom
out of her cheek
and enjoyment
from her soul.”
Slit Uniforms for
Chicago Policewomen
CHICAGO. Aug. 15—Malefactors'
3Com of the “lady cops" turned to
real fear to-day when the “Catch ’em
Skirts” waft announced. The “Catch
’em” is a skirt of the usual narrow
proportions, but equipped with a long
slit and a drawstring. The "lady
cop” can't run fast when the slit is
closed for ordinary gait. But if speed
is necessary, the wearer pulls a mys
terious string, and—lo! a long slit,
reaching up to the knee, appears.
Only policewomen, of course, will
be allowed to wear the new skirt.
When Is Boarding
House Not One, Is
Riddle for Mayson
Recorder Pro Tern. Preston has re
quested City Attorney Mayson to be
present in Police Court Friday after
noon to construe the city boarding
house ordinance and tax ordinances,
which apparently are In conflict.
The question was raised In the case
of Mrs. B. E. Carcoll, of No: 15 Hous
ton street, accused of conducting a
boarding house without a license. A
recently enacted city ordinance pro
vides that all boarding houses must
have a license. The tax ordinance
provides that all boarding houses of
as many as fifteen rooms must pay
a license fee and specifies the amount.
Mrs. Carroll’s house contains less
than fifteen rooms and she contends
that she does not need a license.
PARALYZED BY DIVE.
MOBILE, Aug. 15.—By diving in
two feet of water near Shubuta. Miss..
C. B. Wyatt, a prosperous farmer, in
jured his spinal cord and is paralyzed
from his waist down. His head hit
the bottom
Picnicker Falls Into
Burgoo Pot; Stewed
LEXINGTON, KY . Aug. 15.—Nat
Gist is near ilea In to-dav after be
ing boiled in a'kettle of burgoo at
the Blue Grass Fair last night.
He waa tending the tire under the
tuge caldron, which was buried so
that the top of the kettle was level
with the ground. His foot slipped
and he n.e.tied head tirst into tile
J U D G E ATTACKS
‘THIRD DEGREE'
Chief Justice Hill Reverses Un
derwood Liquor Verdict in Fa
vor of Defendant.
Sharply scoring “third degree”
methods of extracting testimony from
witnesses and rebuking officers of the
law who Illegally deprive sufttytected
persons of their liberty, Chief Justice
Hill, of the Court of Appeals of Geor
gia. Friday handed down a decision,
concurred in. reversing the decision of
Underwoodfagalnst the State.
The case has attracted widespread
attention throughout the State. Un
der wood. a groceryman, was arrested,
tried and convicted for keeping Intox
icating liquors in his place of busi
ness, the arrest, the court states, be
ing made without a warrant.
Upon conviction, the defendant ap
pealed the case, but later the decision
was upheld by the City Court
Americus*- It was then taken to *ha
Court of Appeals, which reversed the
decision Friday.
In his opinion Judge Hill declates
that the “officers illegally deprived
Underwood of his liberty, search'!
his premises illegally, made an assault
and battery upon his person and 'n
so doing violentiv pulled down the
constitutional bulwarks which pro
tected him as a citizen.”
“Any compulsory discovery of self-
incriminating evidence,” the Judge
says, "is abhorrent to a proper sense
of justice and is intolerable to Amer
ican manhood.”
What is commonly known as the
methods of “third degree,” he says,
frequently used by zealous officials,
has no place In the jurisprudence
| which holds that every man is inno
cent until proved guilty.
One after another in rapid succession men and wo
men went to the stand Friday as character witnesses in
the closing stages of the battle for the life of Leo M.
Frank, charged with the murder of Mary Phagan.
Startling disclosures inimical to Frank were prom
ised by Solicitor Dorsey in rebuttal of the scores of wit
nesses called by the defense.
That Dewey Hewell, a 16-year-old girl who has been brought
from the Home of the Good Shepherd in Cincinnati especially to
testify against the young factory superintendent, will be one of
the State’s most important witnesses, was learned Friday after the
girl’s arrival in Atlanta, where she formerly lived.
Exactly the nature of her testimony was not revealed. Mrs.
Mary Bohnefeld, police matron, who returned with the girl Friday
noon, said that she had not talked with her charge in regard to
the matter.
The Solicitor is known to have about twenty other witnesses
whom he may call in the rebuttal.
Friday’s witnesses were drawn from many walks in life.
Most of them were well known in Atlanta. Some of them had met
the defendant in a business way, others socially. Some had known
him from their associations with him at the National Pencil Fac
tory and at Montag Bros. Others formed their opinion of his
character from knowing him in the work of the N’Nai Brith, of
which Frank is the president. * 1
Persons Who Knew Him at Home Called.
Previous days had introduced men who had known him in
his college days at Pratt Institute and Cornell University and,
later at his home in Brooklyn. Friday narrowed the character wit
nesses down to those who had known him during the five years
he had been in Atlanta.
If numbers count for anything, Frank’s case will be helped
by the number and character of people who have been called ta
swear to his good character up to the time of the tragedy of April
26. The court attaches were kept busy directing the witnesses
into the courtroom. Few of them were cross-questioned. The
majority were asked only the formal questions as to their acquaint
ance with Frank and their knowledge of his character and were
then excused
Solicitor Dorsey for the most part seemed content until the
time when he should be able to call his own witnesses in rebuttal.
He questioned a few of Frank’s acquaintances briefly to deter
mine exactly the ground they had for their conviction of the de
fendant's good character, but seldom went further than that.
Defense Near End of Case.
When court reconvened in the afternoon Attorneys Luther
Rosser and Reuben Arnold announced that the defense probably
would not rest until some time Saturday, although there remained
a possibility that they would close their case with the statement
of Frank Friday afternoon.
The State, if the defense rests Saturday noon, will finish with
its rebuttal Monday night or Tuesday forenoon, it is expected.
One of the character witnesses, Ray Bauer, went through a
severe grilling at the hands of Solicitor Dorsey. After he had tes
tified to the general good character of Frank, he told Attorney Ar
nold that he had been at the pencil factory on Saturday afternoons
last January, times when Frank was said to have had women in
his office.
Solicitor Dorsey inquired of the witness how he happened
to be sure of the days he was at the factory and the time in thel
afternoon when he visited there. Bauer said there were special
reasons why he recalled the time on the first occasion in January,
but could not give an explanation that satisfied the Solicitor about
the other times he was there.
Girl Witness Closely Guarded.
The Hewell girl formerly lived in Atlanta before her commit
ment to the reform institution in Cincinnati. Chief Beavers stated
shortly after the arrival of the girl that he does not know what
he rtestimony will be. He intimated that the girl’s connection
with the case had developed since the trial began, and that tbo So
licitor is the only person who knows just what she will testify.,
Mrs. Bohnefeld also denied knowledge of what the girl's evidence
is to be, declaring that during the trip from Atlanta to Cincinnati
the Frank trial was not mentioned.
The Hewell girl was taken to the matron’s ward at police*
headquarters immediately upon her arrival in the city, and
Seeing Tablecloth Soiled by Care
less Spouse Makes Mrs. Gray
“Awfully Mad.”
Losing her temper when her hus
band spilled some coffee on the table
clem while eating lunch about 12
o’clock Friday, Mrn. L P Gray, No.
24 years old. No. 12 Hull street,
Edgewood, secured a revolver and
gred three shots at him. according
to charges made by the police. None
of the shots took effect.
Before his wife could fire the re
maining cartridges In the revolver,
Gray ran into a room and locked the
door. Mrs. Gray then telephoned the
police and asked them to come out
and arrest her husband. Cal! Officer
O. R. Jones answered the call, and
after investigating the attempted
shotting, made a case against Mrs.
Gray and served her with a copy of
charges. She was not arrested, be
cause she has a 6-week-old child.
Her hearing has been set for next
Friday morning in police court.
According to the story the Grays
told the police. Gray who is a rail
road man. came home about 11:30
and found hi.s wife in a bad humor.
While they were eating lunch Gray
became nervous ai.d spiileti some cof
fee on the table cloth. Mrs. Gray,
he told the police, hit him. Gray
then grabbed his w ife and pushed her
into a room, shutting the door.
There was a revolver in a dresser
drawer in the room in which Gray
had pushed his wife, and Mrs. Gray
got it. S'he threw the door open and
ran out into the hallway. ’« here Gray
was standing. Without saving i
word, according to the vtory told the
police, she rais°d the weapon and
fired three shots at her hu&bann.
Gray then ran into a room and locked
the door. H* remained there uniil
the police dame.
lit SHOOTS AT
i HUSBAND ID
SPILT COFFEE
Brought From Cincinnati to Testify Against Leo Frank
, ....
GIRLS CALLED TO TESTIFY FOR THE DEFENSE;n
MISS 0. VICKERY.
MISS L. HAYES.
I
CASE NEA
VACATE
Refuses to Recognize Glynn as
Acting Governor and Keeps
Seal Under Lock.
These young
women have
been summoned
as witnesses.