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j EXTRA The Atlanta Georgian Read for Profit—GEORGIAN WANT ADS—Use for Results VOL. XII. NO. 15. ATLANTA, GA., WEDNESDAY, AUGUST 20, 1913. Copyright, 1906. By The Georgian Co. 2 CENTS. NIGHT EDITION ATTACK FRANK’S OWN STORY •*••+ +•+ +••?• +•+ +•+ +•+ +*•!• +•+ +•+ +•+ •!•••!• +••{• +•+ +•+ +•+ State Hits at Many Links In Prisoner’s Defense SOUTHERN LEAGUE U. S. Envoy Went to President's Room at Midnight and Forced Retraction. Special Cable to The Atlanta Georgian. MEXICO’CITY. Aug. 20.—The story of how President Huerta sent an “ul timatum” to the United States Em bassy Monday night demanding im mediate recognition of Mexico by the United States was told to-day for the first time President Huerta, in replying to the note from President Wilson, offering suggestions for the pacification of Mexico, rejected all President Wil son’s proposals and declared that the Mexican regime must be recognized by Jhe United States within twelve hours. The Mexican Ministers knew the contents of the note, having had a hand in its formation Acting Foreign Minister Gamboa objected to the ag gressive tone, but War Minister Blan- quet and Minister of the Interior Urrutla thought that the tone of the note was no stronger than the oc casion demanded. Accordingly this note, which had all the qualifications of an Interna tional ultimatum, was transmitted to Charge d’Affaires O’Shaughnessy, of the United States Embassy. Mr. O’Shaughnessy and John Lind, the* special envoy from President Wilson, lost no time in breaking the seals. Both were amazed at the tenor of the note, and the truculent threats of war unless the United States recognized Mexico. “I must see President Huerta at once,” declared Mr. Lind. Goes to President's Room. Despite the fact that the special envoy had not been invited to the National Palace, being persona non grata to the Mexican Government and in spite of the fact that the hour was nearly midnight. Mr. Lind anJ Mr. O’Shaughnessy jumped into an automobile and sped to the National Palace. % Lights were blazing in the presi dential suite so the belated visitors knew’ that Huerta was at home, but was he “at home” in an official sense to his visitors? That was the Im portant question. Mr. O’Shaughnessy was recognized by the sentries at the gate, but they turned questioning eyes upon Mr. Lind who stood impatiently awaiting entrance. * “It is official business; we must enter and see the President,” declared the Charee d’Affaires. After a sight delay the men were permitted to enter the visitors’ cham ber. Almost immediately Huerta en tered. The President had discarded his military jniform and was dressed in civilian at til«?. Talks Plainly to Huerta. In spite cf the infringement on diplomatic uage, Mr. Lind proceeded right away t5 enter upon his diplo matic work. He told Huerta of the disastrous consequences w’hlch must necessarily fo'Jow the transmission of the ultimatum to Washington. So forcefully did he talk that the hard lines of determination in the old soldier’s face relaxed and he list ened patiently fvith few interruptions Huerta got ip and paced up and down the roon as he replied. He said that he telieved the course of the United Stetes would wreck the Mexican Goveriment, but that hi did not want to plinge his already im poverished country into war. He finally consented to cut out the de mand for reco^iitlon from his reply to the Wilson note. although no amount of pettuasion could induce Continued on 3 age 10, Column 1. - AT TORONTO. FIRST—About 5 furlongs: Satin Bower 118 (Warrington), 2 even, 1-2, won; John Bowman 119 (Branklin), 2, even, 1-2, second; Breastplate 112 (W. Adams), 2, even, 1-2, third. Time 1:011-5. Also ran: Miss Edna, Fenwick, Miss Harvey. Ironical. Oakland Lad, Porcupine, Sati, Court Bells. SECOND—About 5 furlongs- Bavel Lutz 109 (Franklin), 10. 4, 2 .won; Ma- mita 111 (Rhodes), 10, 4, 2, second; Brlghtstone 105 (Allan), 4, 2, even, third. Time 1:01. Also ran: LaSainerella, Sen ator James, Laura A., Miss Dulin, Pony Girl, Boana Longus. THIRD—About 6 furlongs: Yankee Lady 111 (Levee), 3, even, 1-2, won; Adriuche 111 (J. Bauer), 4, 2, even, sec ond; Carillon 111 (Carroll), 6, 2, even, third. Time 1:01 3-5. Also ran: Woolin Mason, Huda’s Sister, May Bride, Christ mas, Daisy, Cohort, Running Account. FOURTH— About 5 furlongs: Odd Cross 10a (Knight), 3, even, 1-2, won; Little Stretzel 106 (Warrington), 5, 2, even, second; Shippigan 108 (Carroll), 2, even, 1-2, third. Time 1:02 1-5. Also ran: Lads’ Haver, Private Choir, Charles T., Stellata, Winnie McGee, Tom Han cock, Rummage. AT WINDSOR. FIRST—5 furlongs: Marion Gaiety 110 (Peak), 8, 11-5, 4-5, won; Meissen 108 (Kederls), 9-20, 1-6, out. second; Old Re liable 106 (Connolly), 20, 4, even, third. Time 1:013-5. Also ran: Lady Isle, Mar tola. Boozer. SECOND—5% furlongs: Indolence 98 (Taylor), 7, 5-2, even, won; Louise Trav ers 104 (Gross), 7-5, 3-5, 1-3, second; Hu- perl 107 (Small), 9-2, 7-5, 3-5, third. Time 1:07 3-5. Also ran: Free Trade, Blrka, The Idol, Alador. THIRD—7 furlongs: Rifle Brigade 104 (Gray), 9-20, 1-6, out, won; Counterpart 103 (Vandusen),), 9, 8-5, 2-5, second; Queed 101 (Turner), 25, 5, 6-5, third. Time 1:26 4-5. Also ran: lzzy Ham, Chilton King 8 1 2 2 AT SARATOGA. FIRST—6 furlongs: Isirose 106 (Mc Cabe), 15, 6, 3, won; Roamer 105 (Byrne) 7-2. 6-5, 3-5, second; Sebago 120 (Loftus), 6, 2, even, third. Time 1:12 3-5. Also ran: Plate Glass, House Maid, Spring board, Palanquin. SECOND—About two miles: Penob scot 162 (Wolfe), 3-5, out, won; Ennis Killen 167 (Bowser), 3, 1-2, out, second; Big Dandy 145 (Mr. Alpers), 7-2, 7-10, out, third. Time 4:20. Also ran: Dis senter. THIRD—Mile: Jawbone 105 (Martin), 6, 8-5, out, won; Hedge 113 (Musgrave), 16-5, 4-5, out, second; Towtonfield 108 (Glass), 6, 8-6, out, third. Time 1:39 2-5. Also ran: Dr. Duenner, Joe Dlebold. FOURTH—6 furlongs: Blackbroom 107 (Ambrose), 30, 6, out, won; Bradley's Choice 113 (Loftus), 9-5, 3-5, out, sec ond; Little Nephew 114 (Killingsworth), 9-5, 3-5, out, third. Time 1:13 1-5. Also ran: Bringhurst, Casuarulna. Fugitive Wins First Move for Writ, Four Thousand Fans Turn Out at of Habeas Corpus—Hard Ponce DeLeon to Honor Legal Fight Near. ; Billy Smith. RACING ENTRIES ON PAGE 9. LATEST NEWS WASHINGTON, Aug. 20.—Th® House Judiciary Committee as sembled in a secret session to-day to hear a report of an investiga tion by the Department of Justice upon the conduct of Federal Judge Emory Speer, of Georgia, the Fifth Circuit. Various charges against the Judge have been brought during the last three or four years, but the investigation of which Attor ney General McReynolds was to present a report to-day has been conducted during the last year by special agents. WASHINGTON, Aug. 20.—Sen ator Bankhead, of Alabama, to day presented to the Senate the credentials of Henry D. Clayton, appointed by Governor O’Neal to be United States Senator to fill the vacancy caused by the death of Senator Johnston. Senator Bankhead asked that the creden tials be referred to the commit tee on Privileges and Elections, where the right of Governor O'Neal to make the appointment will be threshed out. This course was followed. Wife Spurns Court's Advice to Couple to Learn to Forgive Recorder Pro Tem Preston Wednes day *norn!ng from the bench in po lice court took occasion to dish out some good advice to promote har mony among young married couples the keynote of which was the admo nition to “learn to forgive.” His remarks were particularly di rected to Mrs. Lutle Allen, of No. 58 Tennelle street, and her husband, C. C. Allen, when Mrs. Allen was ar raigned at the instigation of her brother. Mrs. Allen, following a clash with her husband recently, Is living apart from Allen, but he appeared in court as an active party to the hear ing. The court’s advice went home to Al len. but Mrs. Allen intimated that she was far from a reconciliation. SHERBROOKE, QUEBEC, Aug. 20. A writ of habeas corpus in the case of Harry Tha^’ was granted by Hon. Justice Globensky shortly after 2 o’clock this afternoon, and to-morrow morning at 10 o’clock Thaw will be brought before the court. At that time arguments as to the merits ot the petition for Thaw’s release will be heard. A report from Albany, N. Y., says that the Superintendent of Prisons ot that State lias been advised by the Consul General at Ottawa that Thaw will be deported to Rouse’s Point, N. Y. The report is news to the au thorities here. Thaw has plunged into his fight to keep from being returned to the Mat- teawan Asylum with vigor and confi dence. “Thaw will be discharged from custody,” said Mr. Shurtleff. “I am confident that he can not be held.” After the petition for the w r rit of habeas corpus had been written out, it was taken to the old stone Jail on a hilltop overlooking the St. Fran cis River, where Thaw swore to the truth of the allegations. Carnegie Fails to Arrive. The principal reason for the con tinuation of the arguments until to morrow was th e failure of Mr. and Mrs. George Lauder Carnegie to ar rive on schedule time. Counsel representing Thaw was augmented by the retention of Charles D. White, of Sherbrooke. All Thaw’s attorneys seem confident that he will be freed. They claim that Thaw had in his possession a rail road ticket for Etetroit, Mich., de spite the fact that ne was headed to ward the coast when caught. Thaw was examined by Dr. Noel, the prison physician, after he arose. The fugitive seemed to be in fine physical condition. Thaw did not have any ready cash to-day and made a “touch” from the Jailer in order to purchase some fresh clothing. A great majority of stores closed so that the employees could have an opportunity to see the prisoner on his way to the courthouse. Every where were heard comments and ex pressions of sympathy with Thaw. Fully 1,500 people crowded Into the courtroom before court convened. The women were attractively gowned. They showed great interest in the case. The sympathy of every one in the room apparently was with Thaw. It is believed here that if Thaw is released on a writ of habeas corpus he probably will be rearrested at once on some other charge. Indications are that he will be detained here the balance of this week. In fact, it is a certainty that the case will be def initely decided here and that action of no kind will be taken elsewhere. Since Thaw was arrested yesterday in Coaticook, 25 miles from here, aft er crossing the border in a carriage, he has been buoyed up by the cheer ful belief that the Canadian Govern ment will not send him back to New York. Says Wife Needn't Fear. “I have studied every legal phase of my case and have arrived at the belief that I am safe here,” said Thaw. “My plans did not alone include my physical escape. I looked into the legal feature to establish my status in any other State than New' York and any other country than the United States. I am not a. danger ous man. I do not seek vengeance. My wife, Evelyn Nesblt Thaw, need not fear me. Nor need anyone else fear me. All I want - is peaceful and legs! liberty. I feel that I am perfectly safe. I have studied law ever since 1 w'ts admitted to Matteawan. and 1 believe that I am qualified to speak in this matter. “Statements to the effect that 1 only sought liberty to kill are sense- Score by Innings:' Birmingham . . . 010 0 Atlanta .... 000 THE BATTING ORDER. Atlanta— Birmingham— Agler, lb Marcan, 2b Long. If Messenger, rf Welchonce, cf McDonald, 3b Smith, 2b Kniseley, cf Blsland, ss McBride, If Holland. 3b Clifton, c Calvo, rf McGilvray, lb Chapman, c Ellam, ss Ery, p Conzelman, p PONCE DE LEON BALL PARK, Aog. 20.—Four thousand fans were present at Bill Smith’s birthday party here this aft ernoon. When the Crackers came In to take their first turn at bat Smith was presented with a beautiful gold horse shoe, decorated with red ribbon. The Cracker manager was given a great ova tion by the fans. Joe Conzelman took the mound for the home boys with Chapman on the re ceiving end. Ery, the Barons new twirler, was on the hurling hill for the visitors. Clifton was behing the bat for Molesworth’s crew. FIRST INNING. Marcan fouled to Agler. Messenger it a Texas Leaguer to leftfleld. Messen ger out stealing. McDonald drew four bad oneo and trotted to first. McDonald was also out trying to pilfer second, Chapman to Smith. ONE HIT, NO RUNS. Agler lofted a fly to McBride. Long was disposed of over the Marcan-McGil vray route. Welchonce uncorked a sin gle to center. Smith out Ery to McGil vray. ONE HIT, NO RUNS. SECOND INNING. Kniseley slammed a one-timer past short. McBride ballooned to Long. Mc Gilvray singled to center and when Wel chonce fumbled the ball Kniseley took third. Ellam beat out a neat bunt to Agler and Kniseley tallied with the flnst run of the game. Clifton out. Smith to Agler. Ery popped lo Agler. THREE HITS, ONE RUN. Ellam scooped up B island’s hot grounder and threw him out to Agler. Holland went out by the same route. Calvo was easy for Marcan and McGil vray. NO HITS, NO RUNS. THIRD INNING. Marcan found one to his liking and poled It to right for one sack. Messen ger singled to center and Marcan was out trying to reach third, Welchonce to Holland. Messenger was out trying to pilfer second, Chapman to Smith. Mc Donald out, Blsland to Agler. TWO HITS, NO RUNS. Chapman fouled to Clifton. Conzel man followed with another pop foul to Clifton. Agler filed to McDonald. NO HITS, NO RUNS. FOURTH INNING. Kniseley was given free transportation to the initial cushion. McBride bunted to Agler and when Joe fumbled, both men were saf *. Kniseley was caught off second and was out in a chase, Chapman to Blsland to Holland. McBride took second on the play McGilvray out, Bls land to Agler and McBride ambled to third. Ellam out, Smith to Agler. NO HITS, NO RUNS. FIRST GAME. AT CHATTANOOGA— NASHVILLE 101 100 1 - 4 CHATTANOOGA 000 000 0 - 0 SECOND GAME. NASHVILLE 1 - . CHATTANOOGA 0 - Bohland and Noyea; Kroh and Street. Umpires. Kerin and Wright. Other games not scheduled. AMERICAN LEAGUE -» I AT CHICAGO— BOSTON 000 00 ... - . . . CHICAGO 000 00. ... - . . Anderaon and Nunnamaker; Scott and Kuhn. Umplrea, Egan and Dineen. I AT DETROIT— PHILADELPHIA ........ 000 - . DETROIT 000 - . . | Brown and Schang; Dauaa and McKee. Umplrea, O’Loughlln and Sheridan. FIRST GAME. NEW YORK 000 000 010 - 1 4 2 ST. LOUIS 000 011 00X - 2 8 2 Caldwell and Sweeney; Alilaon and A gnew. Umplrea, McGreevey and Con nolly. Cleveland-Washington, not scheduled. [ NATIONAL LEAGUE AT BOSTON— CINCINNATI Ill 0C0 010 - 4 9 0 BOSTON 000 100 000 - 1 6 0 Packard and Kllng; Dlckaon and Rarlden. Umpirea, Brennan and Eaaon. AT NEW YORK— PITTSBURG 100 620 010 - 4 9 0 NEW YORK 100 000 000 - 1 9 2 McQuillen and Gibson; Marquard and McLean. Umpires. Klem and Orth. AT BROOKLYN— ST. LOUIS 000 000 000 - 0 7 2 BROOKLYN 022 010 30X - 8 13 1 Sallee and Hildebrand; Ylngllng and Miller. Umplrea, Rlgler and Byron. AT PHILADELPHIA— CHICAGO 001 000 000 - 1 11 2 PHILADELPHIA 012 000 00X - 3 7 1 Lavender and Archer; Brennan and Kllllfer. Umplrea, O'Day and Emslle. CYCLE RACER McNEIL SUCCUMBS TO HURTS TIB STATE mum FEDERAL LEAGUE. FIRST GAME. Score: R. H. E. Kansas City. . 201 000 000 0—3 7 1 Pittsburg . . 001 001 002 0—4 9 2 Sanford and Orris and Brlckley; Phil lip, Purroy and Watson. Umpirea, Van Sycle and Sullivan. SOUTH ATLANTIC LEAGUE, AT JACKSONVILLE— CHARLESTON- 00 - . . . JACKSONVILLE- 12 - . . . AT ALBANY— MACON— 10 - . . . ALBANY- 00 - . . .. Gordon and Berger; Morrow and Wells. Umpire. Pender. FIRST GAME. AT COLUMBUS— SAVANNAH— Jock McNeil, known in the sporting world as one of the gamest and clean est motorcycle racers who ever cir cled a saucer track, died early Wed nesday morning at the Grady Hospi tal of injuries received Monday aft ernoon in practice at Jack Prince’s Drome. McNeil never recovered con sciousness after his fall. The little Scotchman probably was the most popular rider who ever ap peared In Atlanta. His riding was a revelation to those unfamiliar with the game. He brought to hip work a strange mingling of Scotch shrewd ness and hardy courage, and a won derful dash and abandon that seemed to bespeak a warm-blooded Da tin strain in his ancestry. He was more than a merely brilliant rider; he was really a “speed marvel." The injury that caused Ills death was the result of this strange enthu siasm. At the suggestion of some of his admirers, he was “riding tho white” in practice—sending his pow erful J. A. P. flyer by sheer speed up above the banked turns of the ’drome, until It was hanging, fly-like, to the vertical white rim that topped the bank, sustained by nothing but the centrifugal force attained by a frightful velocity of 90 miles an hour. The rim, not intended to withstand such a strain, yielded, and Jock and his great machine hurtled diagonally from the break to the bot tom of the track. High School Boy Dies In Fall Off Bicycle. minutes after the boy plunged from the wheel, but young Davis was dead. The body was carried to the home of his father, on College avenue, and later w’us taken to the morgue of P. J. Bloomfield, in Atlanta. It Is not known w hat caused young Davis to fall from his wheel. He and young Hicks, who are chums, got out their wheels shortly after day light Wednesday morning and rode through Kirkwood and Oakhurst, turning Into Decatur at DeKalb ave nue, which is a stone and gravel- paved thoroughfare. They had gone but a short distance when the front wheel of young Davis’ machine lurched sideways, the boy tried to steady the bicycle, then suddenly threw up his hands and plunged headfirst to the hard pave ment. He groaned end turned over once and then lay silent. Young Hicks, badly frightened when his companion failed to arise, called some men who happened to come along at that time, and then hurried to the home of Dr. Phillips. The boy’s skull was fractured and his face was severely bruised. Young Davis’ father is a banker and also owns manufacturing inter ests in Dallas, Oa. He recently mov ed to Decatur, and his family was well known there. The boy has been attending the Atlanta High School for the past year or two, and was well known among his school.cates. He is sur vived by his parents, two sisters, Mrs. M. Gheesling and Mrs. T. D. Hall, and one brother. James. Slaton Orders Delay in Hanging So He Can Review the Con demned Man’s Case. Dr. W. J McNaughton, convicted of murdering Fred Flanders in Su sannah three years ago, and sen tenced to be hanged September 5 was granted another respite of one month by Governor Slaton Wednes day morning. It was announced In the office of the Governor to-day that the further respite was granted because the Gov ernor will be away during the next ten days, and will therefore not have sufficient time to consider the case before the date set for the execu tion of the condemned man. All evidence and papers in the case have been in the hands of the Slate Prison Commission for several weeks, but no action will be taken now. All of September probably will be devoted to considering the case and hearing those who are interested in it. the recommendation of the board probably will go to the Governor a few days before the date now set for the execution, October 5. Continued on Page 10, Column 3. > 011 000 0 COLUMBUS 000 000 0 EMPIRE LEAGUE. AT WAYCROSS CORDELE— 000 111 ... WAYCROSS 002 000 ... William Davis, 15-year-old son of E. Davis, of Decatur, and a pupil in the Atlanta High School, was killed Wednesday morning at 6:30 o’clock when he fell from his bicycle while riding along DeKalb avenue in De catur. The acldent occurred within a hun dred yards of the home of Dr. J. H. Phillips, who was summoned imme diately by a boy named Hicks who ' THOMASVILLE was riding with young Davis. Dr. Phillips arrived within l Hall and Bowen; Clark and Shurman. Umpire, McLaughlin. AT THOMASVILLE— BRUNSWICK - 0 - . ,0 Harry Scott, Pinkerton detective, was recalled in an attack on Frank’s own story, at the afternoon session Wednesday. W. T. Dobbs, a member of the city fire department, directly contradicted W. M. Matthews, one of the defense's witnesses and motorman of the car on which Mary Phagan came to town April 26, in the course of his testimony in the Frank trial Wednesday aftrenoon. Dobbs testified that he saw Matthews about three days after the crime and that Matthews told him that Mary Phagan had rid den with him that day, that she got off at Marietta and Forsyth streets, and that the Epps boy was with her. Matthews testified when on the stand that the Phagan girl did not get off at Marietta and Forsyth streets, but rode on to Broad and Hunter streets, and that he did not see the Epps boy with her. L: S. Kendrick, who was night watchman at the pencil factory before Newt Lee was engaged, testified that he had gone to the factory frequently on Saturday afternoons and on occasions had seen Jim Conley as well as other negroes hanging around on the first fioor. Kendrick also said he had run a tape through the time clock since the murder, making a record upon it, and that it had required only three or four minutes to do it. The tape was placed in evidence. Ivy Jones, a negro driver, tes tified to seeing Jim Conley be tween 1 and 2 o’clock the after noon of the murder. He said that he walked with Conley toward Conley’s home and left him at Hunter and Davis streets. J. D. Reed, a tile layer, was called for the purpose of impeaching the testimony of W. T. Hollis, conductor on the car on which Mary Phagan came to town. Reed said Hollis had told him that Epps had got on the car with the girl and that the two had talked together as though they were sweethearts. Progresses In Attack * On Frank’s Character. Solicitor Dorsey renewed his de termined attack upon the character of Deo M. Frank Wednesday, and for the first time since the testimony of Jim Conley and the insurance man, Ash ley Jones, was able to make a little progress in the introduction of this sort of testimony. Having found the opening, th© So licitor made the most of his advan tage, and before the noon recess had arrived ten witnesses, most of them young girls, had sworn that Frank's general character was bad and that his moral character was the same. The most sensational bit of testi mony Involved one of the foreladies. Two of the girls who formerly had worked in the factory, Miss Myrtice Cato and Miss Maggie Griffin, testi fied that they had seen Frank go into the dressing room on the fourth floor with Miss Rebecca Carson, who was a witness for Frank only a few days ago. Miss Cato sad she had seen the two go into the dressing room on two occasions. Miss Grffin testified it had occurred three or four times to her knowledge. Miss Carson was called by the So licitor and Indignantly denied that such an occurrence ever had taken place. Saw Frank Lay Hand On Mary’s Shoulder. Of even greater importance, al though of less sensational interest, was the testimony of Miss Dewey Hewell, who sworye that Frank was in the habit of talking frequently to Mary Phagan; that he called her by name, and that he stood close to her and laid Mr hand familiarly on her shoulder. She was not able to relate the subject of the conversations when she was cross-examined. She did not know but that Frank might have been talking about her work. Miss Ruth Robinson corroborated the Hewell girl in her testimony. Miss Hewell was brought from the Home of the Good Shepherd in Cin - clnnati to testify New Facts Against Sulzer May Be Asked ALBANY, N. Y . Aug. 20.—If the Assembly committee which will out line the course of procedure of the Legislature In regard to the impeach ment charges against Governor Sul zer does not believe there Is sufficient evidence to bring about the convic tion of Mr. Sulzer, the Frawley probe committee w’ill be asked, it i? under stood, to produce additional facts of a detrimental character. ! McLoughlin-Bundy Team Retains Title NEWPORT, R. I., Aug. 20.—M. E. McLoughlin and T. C. Bundy retained the national doubles tennis champion ship to-day by beating J. R. Strachan and C. J. Griffin 6-4, 7-5, 6-1. against Frank.