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NOTICE If »n M»e »BT JlPAculty In buying Heara't Sunday Amjrlean nbywhere In the South notify 2; CU ?t t & ta *&‘ g * Hear,t '* Sunda Y Amerl. H Copyright. 1313, by The Georgian Company 'k'k-k ATLANTA, GA., SUNDAY, AUGUST 17, 1913. PRICE FIVE CENTS. REFUSE 10 Charlton at Last in Italy’s Grasp •*>•+ +•+ j.*+ *•.}. -■*#•$• +«.j. Wife Slayer Loses 3-Year Fight +•+ +•+ +•-!- +••!• Now on Ocean on Way to Trial Porter Charlton, young American, who lulled beautiful wife and is now on way to face trial in Italy. Court Frees ‘Old Maid’ Who Resents Epithet Judge Rules Spinster Was Right In Smiting Married Woman With Chair. Deadlock Results in New York Im peachment Situation as Each Claimant Refuses to Make Move—Both Go to Capitol. CHICAGO. Aug. 16.—Unmarried women of mature years who are sub jected to ridicule as “old maids” have won a victory in court. Miss Minnie Flatley, of the Colonial Hotel, is 31, and Mrs. Lizzie Vfcrley, of the same address, has been calling her an “old maid.” Miss Flatley resented the sarcasm by smiting Mrs. Varley with a chair and punishing her seriously. When she was arraigned in court Judge Cemmill, after hearing the story, said “Discharged.” “I think this sort of provocation justifies any assault up *o murder,” said the judge. “It is despicable to humiliate a woman.” I, Accused Executive Accompanied by His Bodyguard Goes to State House and Plunges Into Busi ness—No Outbreak Surprise. ALBANY, N. Y., Aug:. 16.—Neither drastic nor violent steps will be taken by Lieutenant Governor Martin H. Glynn to force William S.ulzer, the Impeached Governor of Nyw York, from office—at least not to-day. Ow ing to the fact that thin was a half holiday at the State offices, Mr. Glynn spent but a few minutes at the Capitol, and while both Sulzer and Glynn forces refused to budge an inch, matters were at a deadlock. Accompanied by his bodyguard. Governor Sulzer walked from the ex ecutive mansion to the Capitol, where he plunged into State business, just as though his right to exercise the gubernatorial prerogatives were not contested. Lieutenant Governor Glynn, who claims the powers of Acting Governor under the Constitution until Mr. Sul zer Is brought to trial on September 18, went from the Capitol to the of fices of his newspaper and announced he would spend the afternoon at an athletic meet. He denied that, like Napeoleon, he would lift the power of ruling New York State on the bay onets of the National Guard. Lack of Trouble a Surprise. Absence of an actual outbreak to day Was a surprise to many who ex pected to see the executive chamber a battleground for the Sul2er and Tatnmany forces. ' — Mr. Sulzer now virtually stands Slone, having been deserted by the members of his cabinet, who hqye allied themselves to the Glynn forces. But Sulzer refuses to abdicate, despite the fact that the ranks of his political enemies have been Strengthened dur ing the last 24 hours. Lieutenant Governor Glynn, who is now signing State documents with this signature, "Martin H, Glynn, Act ing Governor. State of New York,” announced that, in spite of any ob structions thrown In his way by the Sulzer legal forces, he would continue to administer gubernatorial affairs pending Mr. Sulzer's trial for alleged high crimes and misdemeanors Sep tember 18. Both Sides Fsar Trick. Both sides are taking elaborate pre cautions to guard against a trick. Throughout the night armed guards stood watch over each State depart ment, while lawyers and legislators Involved In the struggle were trailed by private detectives. 'Mr. Sulzer was In retirement planning a new legal move with his counsel. Messenger boys with Washington and New York cfty telegrams could not find the Gov ernor, but members of the "Inner cir cle" took charge of the dispatches, saying they would find the Governor. Leaders of the antl-SuTzer faction made the threat that Mr. Glynn, now having control of the State Military Department, would actually Invade the executive chamber. "He will get a mighty warm recep tion," declared Sulzer adherents, who are few, but courageous. 8oms Fear Martial Law. Some residents of this city, realiz ing the intense seriousness of the sit uation, fear that conditions may be come so grave that martial law will have to be declared. It was assumed that Governor Sul zer to-day would reply to the second note from Lieutenant Governor Glynn, demanding the unconditional surren der of all prerogatives by Mr. Sulzer and the abdication of the Governor. Counsel were with the Governor at the beginning of the official day, and It was reported that the Governor was urged to take a fling at Tam many Hall. Rockefeller's Rival In Riches Tips Dime Nitrate King H&nds Man Ten Cents for Returning Lost Pocketbook. NEW YORK, Aug. 16.—Senor E. E. Osslo, the X'ttra'..- King of Chill, who has declared John D. Rockefel ler a pauper in comparison with him self, overwhelmed a steward on the United Fruit steamer Pastores yes terday by the size of a tip. The steward had picked up the Ni trate King's wallet and, running after him, bowed low and handed over the pocketbook. Opening it, Senor Osslo pulled out a dollar bill, then changed his mind, and, taking a dime from his pocket, handed it to the steward. Lobbyist Declares He Obtained Confidence of Democratic Lead er in Campaign for Governor, GAVE REPUBLICANS SECRET Letter Was Forged to Give Him Introduction to Up-State Committeeman. Germany Also Snubs Panama Exposition Kaiser’s Government Follows John Bull’s Action in Declining American Invitations. Special Cable to The American. BERLIN, Aug It.—The German Government to-da.v decided to re fuse to participate in the Panama Ex position at San Francisco in 1915. Young Prisoner Is Confident He Will Escape Spending Life in Solitary Confinement. Hidden Pistol Seen As Girl Lifts Dress NEW YORK, Au g. 16.—Porter Charlton, after three years’ fight against extradition from America, is In the clutches of the Italian Govern ment and to-day is on the high seas, bound for Italy and for trial on the charge of killing his beautiful young wife and sinking her body in Lake Como in June, 1910. In spite of the ordeal that faces him, Charlton left New York as cheerful as a schoolboy. Three years in close confinement had repressed hts natural buoyancy, but the pros pect of a sea voyage, even with a trial for murder awaiting him at his journey’s end, restored it to a consid erable degree. “I’ll be back for Christmas!” lie cried, waving a good-bye from the liner as it pulled out. All the time he has declared that he will be ac quitted, in spite of the fact that he confessed to killing his wife on their hoheymoon. Extenuating circum stances, his friends de/are, will have their weight on the Italian jury. Charlton’s quarters on the liner are isolated, and he is not permitted to mingle with the other passengers. He travels third class, as the Italian Government does not provide first- class accommodations for prisoners. Faces Living Death. Unless the contention of his In sanity can be proved, a living death surely will be the fate of Porter Charlton, a hideous confinement that is far worse than death on the gal lows. Extenuating circumstances, it is expected, can not he revealed \)f suf ficient strength to obtain his acquit tal, and unless his defense prove in sanity, he must go to prison. There Is no death sentence in Italy. And imprisonment in Italy is a dreadful punishment, feared far more than the electric chair, the gallows, or the garrote. It f9 invested with mental torture of such degree that few who live through it more than a few years are sound of mind. Charlton is known to have a sen sitive, nervous temperament. His havior toward his wife proves him high-strung. To a person of his psychological make-up Incarceration under the Italian system would be certainly destructive of mental bal ance. For the first ten years of a life sentence the prisoner may be kept :n utter darkness and in the strictest solitude, with nothing to eat and drink but plain bread and water. A few weeks of this treatment generally is sufficient to reduce the most unemo tional criminal to a state of nervous collapse. Insanity Practically Only Hope. His attorneys hope to present in the Italian courts the great mass of evidence brought to bear In the United States Supreme Court to prove him insane. Justice Lurton, in the opinion which declared that Charlton must go back to Italy to stand trill, admitted that the evidence to sub stantiate the insanity plea was pre- ponderous. The opinion of the Supreme Cou^t brought to an end the three years’ unsuccessful fight of Charlton and his family against extradition to Italy. It was In June, 1910, that he killed his wife, according to his own con fession. After the crime he fled, but was caught at Hoboken, X. J., when the liner landed there. The broth- r of the slain wife there rra>t him, and caused him to be place# under ar rest. The first night of hts Imprisonment in New Jersey a confession was pro duced, bearing his name, and general ly supposed to be authentic. “My wife and I lived happily to gether. but she had an uncontrolli- ble temper,” read the confession. “So had J. On the nig'nt of the murder she had the worst outbreak of tem per I ever saw. “I told her to keep quiet or I would make her quiet. Then she had an other outbreak. I took up a wooden mallet, with which I had been re pairing a table, and hit her on the head and body two or three times. At midnight I put the body in a trunk, dragged it to a small pier near the house, and threw it overboard.” His wife was a beautiful young woman, although eight years older than he, who was only 21. The two were on their honeymoon when the murder occurred. Mrs. Charlton was the divorced wife of Neville H. Castle, a San Francisco lawyer. Charlton is the a Page 6, Column 6. Young Woman Is Arrested When Masked Battery Is Exposed as She Crosses Street. UNIONTOWN, PA., Aug. 16.—Hold ing her dress a little too high to avoid the water as she crossed Main street to-day, Mattie rearee was arrested when she revealed a large rovolver in a holster fastened around her leg at the knee She was taken to the police station, where she showed the officers the new mode of carrying a gun. Strapped to a leg was the holster in which she car ried the revolver. The girl explained that there were “bad men” at Uniontowh and she was not taking any chances with them. She stated that she had tkorn the revolver in that position for some time. Mattie said she did not know she was holding her dress quite as high as she was. and that she had forgotten for a moment about the masked battery. She was released on bail. Wife Paints Story of Her Life on Walls St. Louis Matron Does Remarkable Work She Calls ‘A Young Girl’s Love.” ST. LOUIS, Aug. 16.—One of the most-talked-of works of art in St. Louis hangs in the home of Dr. Rob ert E. Wilson and was painted by Mrs. Wilson. The canvas is Called “The Story of a Young Girl’s Love,” and covers the entire Wal 1 space In the parlor of this magnificent Colo nial home. Two years were devoted to the work. The painting is divided into panels, the size of each picture depending on the amount of space to be covered. Artists pronounce the canvas a mas terpiece. Mrs. Wilson’s friends say that the painting illustrates her bliss ful married state. TOWN CELEBRATES WEDDING. AXTELL, KANS., Aug. 16.—All the citizens of this* town celebrated to day the sixty-second wedding anni versary of Stephen and Margaret Stout, aged 85 and 81, respectively, whose home for more than a third of a century has been the social center here. WASHINGTON, Aug. 16.—Colonel Martin M. Mulhall, self-confessed lob byist of the National Association of Manufacturers, testified before the Garrett Lobby Investigating Commit tee that his political lines crossed those of William Randolph Hearst in 1906, and that he helped to defeat Mr. Hearst for the New York Gover norship. Introduced by a letter forged upon the letterhead of the llearst cam paign headquarters, Mulhall said that he went into Congressman Fair- child’s district, the Twenty-fourth New York, an upstate district, and gained the confidence of a local cam paign manager for Mr Hearst. Tells Plans to Republicans. Learning from the latter th e plans of campaign in the district, Mulhall reported them to Fairchild, and Re publican plans to checkmate them and defeat their object were perfect ed. Mulhall was employed for a week on this work with the approval, he says, of Fairchild. Mulhall told a few days ago how h© started to work for Senator For- aker in Ohio. He was prepared to makf his report to Foraker when the Hearst Standard Oil disclosure let ters were first made public. Foraker admitted to the Senate committee that these letters defeated him for re-election to the Unied Staes Sen ate. Unconcernedly, Mulhall told how he had taken his “fake letters” of intro duction to Fairchild and got his in structions for political detective work. He met Mr .Hearst’s friends, including a clergyman, at a hotel, entertained them and worked his way into their confidence. He ascertained that the Republican district commit tee chairman was not friendly to Fairchild. Letter Was Faked. “Whose signature did this fake let ter of introduction bear?” asked Rep resentative Stafford. “It was that of some member of the Democratic State Committee.” “Who were you represented to be?” “I was supposed to be connected with Mr. Hearst, and so represented myself to Mr. Scott, the candidate, I think, opposing Fairchild.” “It was your first meeting with him, and you won his confidence to the extent of getting from him his campaign plans?” said Stafford. “Yes.” “Who signed this fake letter?” “The letter was given to me by Marshall Cushing, and I can not say who signed It. Mr. Cushing was a very good letter writer. He told me it was a fake letter. I knew’ that Cushing was not connected with the Hearst organization.” Mr. Stafford—tie was connected in the way of using the letterhead of the Hearst organization to good ef fect. “Mr. Cashing thought it was a smart political trick, and I guess that was his system of Working,” replied Mulhall. Scott Well Deceived. “Mr. Scott’s confidence was so com plete,” cont nued Mulhall, "that he told me Mr. Hearst had sent him a number of workers and quite an amount of money, and I believe In this letter me latter stated that they were ready to send at that time more workers and more money.” “Scott swallowed everything, hook, line and aJ*, as far as you repre sented it,” commented Stafford. “Yes.” “Did Mr. F'airchild know all about this arrangement?” asked Represen tative Kline. “Yes, he knew about hte letter, and I had Mr. Fairchild’s advice In pre senting it. He has .spoken to me since about that clever piece of work.” France to Welcome Envoy de la Barra Mexican Legation Is Assured That There Is No Objection to New Minister May Yohe to Re-Wed Lord Hope, Is Rumor American Singer Wins Back Her Former Husband With Favorite Music Hall Song. •oeclal Cable to The American. LONDON, Aug. 16.—Rumors that Lord Francis Hope may re-wed his former wife, May Yohe, are current. A week ago Lord Hope visited the London Opera House, where Miss Yohe Is appearing with considerable success. The former Lady Hope was In excellent voice and sang "Honey, Ma Honey” that she often sang to her husband during their life together. Lord Francis Is said to have been touched by the song. Overtures for a reconciliation, it is said, have been made through Lord Francis’ brother the Duke of Newcastle, and the Duke’s lawyer, Mr. Isitt, husband of Adeline Genee. 4 Royal Bridesmaids ForMamiel'sWedding Eighty Princes and Princesses Will Attend Ex-King’s Betrothed on September 4. Special Cable to The American. LONDON, Aug 16.—Arrangements for ex-King Manuel's wedding to Princess Augustine Hohenzollern on September 4 at Stgmaringen show’ the ceremony will be gorgeous. Eighty royal princes and princesses will attend, including the Prince of Wales, representing King George, and four princesses as bridesmaids. The Kaiser excuses himself from being present on account of the Ger man army maneuvers. He and other monarchs will be represented by princes. SUPREME TEST COMES Defendant Will Take the Stand Early in Week to Give His Account of His Movements on Day Mary Pha- gan Was Killed. ATTORNEYS SEEKING TO PROVE A COMPLETE ALIBI Col. Degrange Ill In Paris Hospital Prominent New Orleans Man Is Compelled to Undergo Operatlort Following Sickness Aboard Ship. Special Cable to The American. PARIS, Aug. 16.—Colonel Joseph H. Degrange, of New Orleans, is ill ih the American Hospital at Neullly. Mr. Degrange’s Illness developed first on Warner off 'his way to Eu rope early in the summer. On July 22 he was taken to the hos pital for an operation for the removal of the carbuncle on the back of his eek. A second operation became nec essary on Tuesday of this week. The operations, while painful, were not dangerous, and the attending physi cians say that he will be able to be about within a few days. Papers Have Right ToRefuseAdvertising Court Rules That Objectionable Mat ter May Be Declined, Despite Previous Contract. Believed That Case Will Stand or Fall on Efforts of Prosecution to Prove Its Charge of Immorality Against the Accused. Special Caule to The American. PARIS, Aug. 16.—The Mexican Le gation has heard nothing of any ob jection on the part of France to the reception of Francisco de la Barra 1.3 Mexican Minister to this country. The secretary of the legation said to-day. “We would nea he the first to hear of it if any such objection ex isted.” The Agepce Nationale was the au thority for the report, which was printed here yesterday. Senor de la Barra sailed frofti New York to-day. ST. PAUL, Aug. 16—That news papers have a rtght to decline adver tising when they deem it objectiona ble, even if It is submitted to them under a yearly contract, is the ef fect of a decision handed down to day in the District Court here. The case came up when a local depart ment store was sued by a local paper to recover money due under a yearly contract, which the store manage ment had declared void because cer tain portions of its advertising copy had been rejected by the paper. Joy Rider Compelled To Pension Victim In Lieu of Jail Sentence, Speeder Must Pay Girl $30 a Month Until Recovery. BY AN OLD POLICE REPORTER. The third week of the Frank trial came to an end at noon Saturday. The defense lias not yet concluded its ease, hut confidently expects to finish within the next day or two. Its last card, and one of its biggest, will be the defendant’s statement. This statement is scheduled for the early part of this Week. It will mark the climax of the defense’s ease, just as Conley's story marked the climax of the State’s. It became more and more evident as the ease progressed dur ing the past week that the defense is pitting Frank sipiarely against Conley—that it is to be Frank's life or Conley’s life for little Mary Phagan’s, snuffed out cruelly nearly four months ago in the National Pencil Factory. Frank's statement on the stand, which the law permits him to make, but not under oath, and which may be accepted by the jury, either in whole or in part, in preference to all the sworn testimony, will be matched against the story the negro told so dramatically and with such frightful emphasis soon after the case got under way. Into the negro's story, moreover, was injected the question of Frank's general character, particularly in one unmentionable direction, and this the defense will undertake to offset completely and finally. More than a hundred witnesses have been summoned to tes tify to Frank’s good character, and these inehide men and women from every walk of life, where it could be shown that such wit nesses had cotne in contact with Frank from time to time in such wise as to be competent judges of his general character. DALTON’S TESTIMONY IMPEACHED. Already, the one witness (Dalton) so far introduced by the State to corroborate Conley has been successfully impeached by the defense, and it is likely that others introduced to uphold the negro also will be subjected to impeachment proceedings, if th« defense suspects that it may' successfully inaugurate the same. The defense seemingly has realized fully the heavy necessity of breaking down Conley’s awful story, not only in direct connec tion with the rnnrder, but in every phase of it that bears upon the character of the defendant. As a primary proposition, the advantage in the situation thus set up dwells within the defense. In the first place, Frank goes to the jury with the presump tion of innocence in his favor. The burden is not upon him to make out a case in behalf of himself. It is upon the State to make out a case against him. Moreover, the only right of appeal attaching to persons in- los angeles. Ana. 16.—instead I dieted for felonies is within the defense. Once the State loses, it is lost forever. The State must allege and prove the guilt of the defendant ‘ beyond a reasonable doubt,” and fight right up to that limits If there remains a reasonable doubt of Frank’s guilt, after the last word has been said to the jury, Frank, under the law, is entitled to it, and if the trial jury fails to award it, a court of re view will remedy the legal wrong thus inflicted upon him. ALL STATE TESTIMONY SWORN. The State, moreover, must submit every bit of its evidence, to the last shred or patch, under oath. The defense, on the contrary, may clear itself upon testimony Staid Old Tangos ,,ot one word of wWch . is sworn t0 - The State’s Star witness, Conley, also comes into court a con fessed accessory after the fact of the murder, a confessed falsifier in numerous conflicting statements as to his knowledge of and connection with the crime, and accompanied by a well established jail record fearfully and wonderfully made up. His is a much harder story to hold up than Frank’s, viewing the two stories generally and in their broader personal aspects. Even without Conley, to be sure, the State still has a circum stantial case against Frank that might compel considerable attqp- with the rubber-soied shoes commonly; tion and respect, but there are few people who seemingly believe worn at the seaside 4 . . . „ . The “pussy sneak” is a creepy sort i that it alone would be sufficiently strong to convict, of dance, with a few (tildes, but cateby T , , . , 0 . , , . , ■ , , and the New York team that -put the I It probably is a realization of the States tremendous task, night to teach j£ %erjl d i'P llcat,ons t0 ' involved in the holding-together of Conley’s story, that caused of sending: J. S. McNutt, a convicted joy rider, to prison, Judge Wilbur, of the Superior Court, suspended a five-year sentence over him to-day, on condition that he pay $30 a month until she recovers to Miss Olive Da vis, a young woman injured when McNutt’s machine was wrecked. Phy sicians say Miss Davis’ injuries are permanent. The girl, in a plaster cast, testified to-day that McNutt was speeding while intoxicated. ‘Pussy Sneak’ Routs Creepy Glide Brings New York Team Applications to Teach New Dance. ONSET, MASS., Aug. 16 —The “tan goes.” "hugs,” “trots,” "grapevine” and other similar dances have been cast Into darkness by the creation Intro duced this afternoon at the local dancing casino by a New York couple. It called the "pussy sneak.” and is danced