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NOTICE
If you have any difficulty In buying: Hearers
Sunday American anywhere In the South notify
Circulation Manager, Hearst'a Sunday Ameri
can, Atlanta, Ga.
JHJIAISJSX
EDITIO’
l]
II
V\l
11
VOL. I. NO. 20.
Copyright, 1913, by
The Georgian Company
★★★
ATLANTA, GA., SUNDAY, AUGUST 17, 1913.
PRICE FIVE CENTS.
SULZER AND
REFUSE 10
Charlton at Last in Italy's Grasp
+•+ +*4- 4-a-i-
Wife Slayer Loses 3-Year Fight
+•+ 4-a-i- +•+ -{•••i- +•+ 4-*4-
Now on Ocean on Way to Trial
Porter Charlton, young American, who killed beautiful wife
and is now on way to face trial in Italy.
CRAZY, SWEARS O’NEAL SILENT;
STEP-DAUGHTER
Deadlock Results in New York Im
peachment Situation as Each
Claimant Refuses to Make
Move—Both Go to Capitol.
Trial of Divorce Suit Against
Former Alabama Supreme Court
Jurist Sensational.
FIGHT OVER YOUNG CHILDREN
Aged Respondent Is Father of
Montgomery Mayor and
City Court Judge.
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 Sulzer, the
Impeached Governor of New York,
from office—at least not to-day. Ow
ing to the fact that this 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-
ser 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 Sulzer and
Tammany forces.
Mr. Sulzer now virtually stands
alone, having been deserted by the
members of his cabinet, who have
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 Fear 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
city 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 anti-Sulzer 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.
Some 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 /hat the Governor
was urged to take a fling at Tam
many Hall.
Governor Urged to Call Special
Session of Alabama Legis
lature at Once.
BANKHEAD IN WASHINGTON
Senatorial Tangle Shows NoSigns
of Being Straightened Out
Except by Congress.
May Yohe to Re-Wed
Lord Hope, Is Rumor
^merican Singer Wins Back Her
Former Husband With Favorite
, Music Hall Song.
pecial 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. lsitt, husband of Adeline
Qenee.
SUPREME TEST COMES
Defendant Will Take the Stand Early
in Week to Give His Account of
His Movements on Day Mary Pha-
fjan Was Killed.
MONTGOMERY. Aug. 16—That
Mrp. Kate Gunter is crazy and a sub
ject for an insane asylum, was the
testimony offered by Mrs. Donald
Simple, who conducts a fashionable
society school for girls in New York,
in the divorce trial of her father,
Judge W. A. Gunter, here yesterday.
She said her stepmother, who filed the
original bill of complaint in the sen
sational case, told falsehoods and
that it was almost unenduarble to
live with her. Still, she said, she
stuck up for her as long as she was
her father’s wife, but when Mrs. Gun
ter filed the bill asking for a separa
tion from her aged husband all love
for the mother ceased.
The suit has now been in progress
for more than 50 days, \yitness af
ter witness has been upon the stand
Young Prisoner Is Confident Re Will Escape
Spending Life in Solitary
Confinement.
Germany Also Snubs
Panama Exposition
Kaiser’* Government Follows John
Bull’s Action in Declining
American Invitations.
Special Cable to The American.
BERLIN, Aug 10.—The German
Government to-day decided to re
fuse lo participate In the Panama Ex
position at San Francieco in 1915.
NEW YORK, Aug. 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
his 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!” he
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
honeymoon. Extenuating circum
stances, his friends declare, will havt
their weight on the Italian Jury.
Chariton’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 be revealed of suf
ficient strength to obtain his a^quit-
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 is 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 be
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 ’s
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 groat 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 trial,
admitted that the evidence to sub
stantiate the insanity plea was pro-
ponderous.
The opinion of the Supreme Coun
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 Med, but
was caught at Hoboken, N. J., when
the liner landed there. The brother
of the slain wife there met him, and
caused him to be placed under ar
rest.
The first night of his 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 uncontrolla
ble temper,” read the confession. “So
had I. On the night of the murder
she had the worst outbreak of tem
per I ever saw.
“1 told her to keep quiet or I would
make her quiet. Then she had an
other outbreak. I to.ok up a wooden
mallet, with which 1 had been re
pairing a table, and hit her on the
head and body two or three times
At midnight 1 put the body 1n 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
i murder occurred.
i Mrs. Charlton was the divorced
I wife of Neville H. Castle, a San
Francisco lawyer. Charlton is the
and some of them, especially the two
principals, have been grilled for a
whole day at a time. Every effort
has been made here to suppress pub
licity of the case.
The siuit now in progress is for the
possession of the children, five of
whom have come from the union of
thirteen years.
The original bill and also the testi
mony offered by Mrs. Gunter is to
the effect that the respondent threat
en© 1 to kill her and then commit sui
cide. She also vnd he was cruel to
her and that her i f * was in danger.
Judge c/unter, who is 77 years old,
was formerly on the Alabama Su
preme Court bench and is prominent
in the State. His son. William Gun
ter, Jr., is Mayor of the city, and an
other son. Gaston Gunter, is Judge
of the criminal division of the City
Court. The latter, who is a former
Yale football star, was among the
witnesses on the stand to-day.
Promoter Drew Gets
Sentence of 5 Years
Federal Prison Term Imposed on
Fort Payne Man for Oil
Well Fake.
Continued on Page 6, Column 6.
BIRMINGHAM. Aug. 16.—E. C.
Drew', the Payne oil well promoter
charged with using the malls to de
fraud, was convicted to-day at Gads
den under 41 counts and sentenced
by Judge Grubb, of Federal Court, to
five years in the Atlanta Federal
prison. Drew has been ordered to
Jail pending filing bond in the sum
of $3,000 if he appeals.
Rich Planter Slain
By Negro Farm Hand
A. McD. Armstrong, of Louisville,
Meets Death on Plantation
Near Mobile. .
MOBILE. Aug. 16.—A. McD. Arm
strong. a wealthy resident of Louis
ville. Ky„ who operates a farm at
Camden, Wilcox County, near here,
was shot and killed near that place
by a negro plantation hand whom he
stopped from abusing another hanJ.
The negro escaped, although several
searched for him.
MONTGOMERY, Aug. 16.—Promi
nent citizens, attorneys and politi
cians are advising Governor O’Neal
to call a special session of the Legis
lature and pL.ce In proper pos tion
the United States Senatorial condi
tion.
The appointment of Congressman
Henry D. Clayton to the position
made vacant by the death of Senator
Joseph F. Johnston does not suit
those in command, and, therefore, the
proper channel will have to be sought.
Among those w'ho have petitioned
the Governor to call a special session
of the Legislature is Walter Percy,
prominent attorney of Birmingham
and member of the Legislature. He
says that in addition to the Senato
rial matter some attention could oe
given to the elimination of the f°e
system in Jefferson County, where
the Sheriff alone makes $50,000 per
annum.
The consensus of opinion here *s
that the Governor will have to call a
special session of the Legislature, in
the meantime flUin^ vacancies and
then set about regularly toward se
lecting a Senator.
While it is conceded that Henry D
Clayton would bx. the strongest can
didate and will b> reappointed if left
to the Legislature, it is not to oe
overlooked that Congressman Rich
mond Pearson Hobson, candidate
against Senator Johnston, is still be
fore' the pebple and leaving nothing
undone in his own behalf.
Knox May Enter Race.
John B. Knox, of Anniston, promi
nent attorney, is likely to step in.
Captain Hobson is working hard
He is speaking before Sunday schools
and Confederate veterans’ associa
tions and wherever ho gets a chance.
To-morrow he will s^eak before a
unday school class In Birmingham
at the South Side Bantist Church,
but will not touch nolitics.
Legal, Sa' s Bankhead.
Senator John S. Bankhead, who has
just returned to Washington from a
stay of a few weeks at his home at
Jasper, near here, expresses the be
lief that the appointment of Governor
O’Neal, announced last Monday, is le
gal and will stand. It is expected that
he will be heard on the proposition
the coming week in Washington.
Until the appointment is legally
turned down In the Senate In Wash
ington, no definite action is probable
In Alabama. Everything now is m
the presumption that the appointment
of Congressman Clayton will oe
turned down.
Governor O’Neal is quiet on the
subject of x possible special session
of the Legislature so far aa can be
heard.
The names of Congressmen Oscar
Underwood. Thomas Heflin, John W.
Abercrombie, and Dr. R. M. Cunning
ham. of Ensley, are mentioned as
probable candidates for the Sena-
torship in the regular election.
Hobson’s Card.
Congressman Hobson says of Clay
ton's appointment:
“It is a brazen defiance of law,
the people and the Constitution—the
most humiliating travesty of our po
litical institutions.
It is a defiance of the law and the
rights of the people, willfully made
with the knowledge that the appoint
ment is illegal and is so regarded by
the United States Senators, not only
by the opposition Senators, but by
Democratic Senators as well.
’ The effect of the appointment will
be to postpone indefinitely the set
tlement of the question. This delay
is fully understood by the Alabama
politician, and is incurred against
the earnest advice of our Democratic
leaders.
“In the midst of the crisis of the
tariff bill, the interest of the Demo
cratic party, the relief and welfare
of the nation, the law of the land, the
sacred political rights of the people
seem to have counted for naught.
Jockeyin^ tarred.
“The fact is that after all the
jockeying and caucusing, the scheme
went through precisely as Mr. Bank-
head had planned. It was very re
markable how Senator Bankhead hur
ried to Alabama und had the whole
specious article prepared to give out
almost immediately.
“You will recall that Senator Bank-
head and the lamented Johnston were
themselves chosen by popular vote;
in fact, the principle was considered
of such sacred importance in our
progressive State that we even went
so far as to provide an election for
successors to our great Morgan and
Pettus before the deaths of these
grand old men.
“How. then, can any true Ala
baman stand for the miserable ex
pedient of having their United States
Senators appointed by Emmet O’Neal
instead of being elected by the peo
ple themselves?
‘It belongs to the people. It is
theirs by law as well as every true
consideration of the Democratic
rights. They demand tt. and they
are not going to be fooled or hood
winked by the hair-splitting quib
bling.-! of technical lawyers or pro
fessional pot-politicians.”
i
4 Royal Bridesmaids ATTORNEYS SEEKING TO
ForManuel'sWeddmg PROVE A COMPLETE ALIBI
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 Sigmaringen show the
ceremony will he gorgeous.
Eighty royal princes and princesses
will attend, including Ihe 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
monarch8 will be represented by
princes.
Believed That Case Will Stand or Fall
on Efforts of Prosecution to Prove
Its Charge of Immorality Against
the Accused.
Col. Degrange Ill
In Paris Hospital
Prominent New Orleans Man Is
Compelled to Undergo Operation
Following Sickness Aboard Ship.
Special Cable to The American.
PARIS, Aug. 16.—Colonel Joseph H.
Degrange, of New Orleans, is ill in
the American Hospital at Neuilly. Mr.
Degrange’s Illness developed first on
board a steamer on 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
eck. 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.
France to Welcome
Envoy de la Barra
BY AN OLD POLICE REPORTER.
The third week of the Frank trial came to an end at noon
Saturday.
The defense has not yet concluded its ease, but 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 case, just as Conley’s
story marked the climax of the State's.
It became more and more evident as the case progressed dur
ing the past week that the defense is pitting Frank squarely
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-
Mexlcan Legation Is Assured That
There Is No Objection to
New Minister
Special Caole to The American.
PARIS, Aug. 16.—The Mexican Le
gation has heard nothing of any ob
jection on the part of France to thy
reception of FTanciseo de la Barra is
Mexican Minister to this country. The
secretary of the legation said to-day.
“We would net be the first to
hear of It if any such objection ex
isted.”
The Agence Nationale was the au
thority for the report, which was
Pentecostal Church
Plans Big Convention
Eight States To Be Represented at
tify to Frank’s good character, and these include men and women
from every walk of life, where it could be shown that such wit
nesses had come 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 the
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-
Klwf^&oKd'V’ tion with the murder, 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. Thu burden is not upon him to
! make out a case in behalf of himself. It is upon the State to make
Meeting in Birmingham Next
Friday.
i out a case against him.
Moreover, the only right of appeal attaching to persons in-
BIRMINGHAM, Aug. 16.—Annual
convention of the Southern Pentecos
tal Association, including Alubama,
Georgia Mississippi, Florida, South
and North Carolina, Tennessee and
Missouri, will convene in Birminghan.
next Friday and continue for ten days.
Dr. N. J. Holmes, of Altomont. S.
C., will preside and the Rev. W. Ray . , _ . , A . . . ,,
Anderson, of Laurens, s. C„ win do entitled to it, and if the trial jury tails to award it, a court of re-
the principal preaching
Pentecostal faith is growing rapidly
in this section o fthe country. The
meetings are to be held under a big
tent in North Birmingham Park.
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 limit.
If there remains a reasonable doubt of Frank's guilt, after
the lust word has been said to the jury, Frank, under the law, is
Clayton to Present
Credentials Monday.
WASHINGTON. Aug. 16.—Con
gressman Clayton, of Alabama, ap
pointed Senator by Governor O’Neal
of that Stale, to-day returned to the
Capitol and announced that he would
put up a spirited tight for admission
to the Senate. Clayton was appoin’-
ed to fill the seat of the late .Sen
ator Johnston, of Alabama.
"All authorities support Governor
O'Neal's action," asserted Clayton.
“Anyhow, it would be a useless ex
pense to call the Alabama Legisla
ture together for I should be appoint
ed In any event.”
Clayton will present hl» credentials
on Monday and will be opposed by
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 jiatch, under oath.
The defense, on the contrary, may clear itself upon testimony
not one word of which is sworn to.
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.
Ilis 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 atten-
tion and respect, but there are few people who seemingly believe
majority of the senator* who claim ^at r alone would be sufficiently strong to convict,
the' .few "consHtTuonaV amendment | It probably is a realization of the State’s tremendous task,
for the direct election of involvet j j n the holding together of Conley’s story, that hasTauaed
i ■ e
providing
Senators.