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The Atlanta Georgian
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VOL. XII. NO. 15.
ATLANTA, GA., WEDNESDAY, AUGUST 20, 1913.
Copyright, 1906.*
By The Georgian Co.
2 CENTS PATNO
MORE
EVENING
EDITION
GIRLS SWEAR FRANK’S CHARACTER IS BAD
U. S. Envoy WeTit to President’s
Room at Midnight and Forced
Retraction.
6pecial 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 t.6 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 ber ecognized
by the 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
Urrutta 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 personna non
grata to the Mexican Government
and in spite of the fact that the hour
was nearly midnight. Mr. Lind an J
Mr. O’Shaughnessy jumped into an
automobile ai^J 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 wars 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 Charge d’Affaires.
1 . After a slight delay the men were
permitted to enter the visitors’ chant,
ber. Almost immediately Huerta en
tered. The President had discarded
his military uniform and was dressed
in civilian attire.
„ ... Talks Plainly to Huerta
. In spite of the infringement on
diplomatic usage, Mr. Lind proceeded
right away to enter upon his diplo
matic work. He told Huerta of the
disastrous consequences which must
necessarily follow 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 with few r interruptions'
Huerta got up and paced up and
down the room as he replied. He
said that he believed the course of
the United States would wreck the
Mexican Government, but that h3 did
not want to plunge his already im
poverished country into war. He
finally consented to out out the de
mand for recognition^ from his reply
to the Wilson note, although no
amount of persuasion could induce
him to alter the balance of the docu
ment.
The note then w^s transmitted to
Washington. Jii the meantime Dr.
Urrutia, not knowing that the demand
for recognition had been stricken
'tiom the reply was telling the cor
respondents that an ultimatum had
.been served and that Charge d’Af
faires O’Shaughnessy had been given
his passports.
LEO FRANK'S MOTHER
ON HER WAY TO COURT
MRS. REA FRANK.
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Two Farmers Held
For Hog Stealing
STATESBOJtO, Aug. 20.—Wesley
Waters and Henry Barnes, white
farmers, and brothers-in-law, living
10 miles from Statesboro, have been
arrested on warrants charging hog
stealing, their accusers being J. A.
Brannen and Harvey L. Alderman.
The hogs alleged to have been
taken were found in the custody of
Abe Ellis, a butcher, who claimed
that he had bought them two weeks
ago from Waters, who delivered them
to his house at 10 o'clock at nigh'.
Ellis said Waters ‘ claimed he was
selling the hogs for Barnes.
! Verdi's ‘Aida' Given
I With 800 Performers
I
Special Cable to The Atlanta Georgian.
MILAN, Aug. 20.—In the varst
Roman amphitheater at Verona,
which hold® 30,000, the most orig
inal and elaborate performance ever
attempted is being given of Giu
seppe Verdi’s Egyptian opera, "Aida,”
in honor of the composer’s centenary.
There are more than 800 perform
ers in the orchestra. The scenery
for the enormous amphitheater cost
nearly $100,000.
Defense Refuses to Question Witnesses
EXPERTS GALLED B!
El
T
Jock McNeil, Widely Noted as
Daring Rider, Victim of Acci
dent at Atlanta ’Drome.
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 his 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 Latin
strain in his ancestry. He was more
than a merely brilliant rider; he was
really a “speed marvel.”
The injury that caused his death
was the result of this strange enthu
siasm. At the suggestion of some of
his admirers, he was “riding the
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; frustained 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.
LIBERTY
Applies to Canadian Court for
Habeas Corpus Writ—Family
Rushes to His Aid.
7 Perish in Sinking
Of River Steamboat
KEOKUK, IOWA, Aug. 20.—Divers
to-day went to the bottom of the
deepest part of the Mississippi River
channel here making preparations
for raising the sunken steamer
Henry Bosse and recovering the
bodies of seven persons who were
drowned when the boat was struck
by a storm yesterday afternoon.
One man drowned trying to save
his sister. Seven passengers and
the members of the crew escaped.
THE WEATHER.
Forecast for Atlanta and
Georgia—Fair Wednesday and
Thursday.
‘Columbus' Ships Are
Ready for Canal Trip
CHICAGO, Aug. 20.—Replicas of
the three ships in which Christopher
Columbus crossed the Atlantic will
, leave Chicago one week from to-day
fy.o sail through the Panama Canal
and up the Pacific (.'oast to San
Francisco.
The three boats were built for the
World’s Fab; in Chicago in 1893.
^
Rep.' xarrison to
Govern Philippines
WASHINGTON, Aug. 20.—Repre
sentative FYancis Burton Harrison, of
New York, will be nominated to-<la.y
by President Wilson to be governor
General of the Philippines.
It is said the nomination will be
confirmed by the Senate without op
position.
High School Boy Dies
In Fall Off Bicycle.
William Davis, 15-year-old Bon 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 acident 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
was riding with young Davis.
Dr. Phillips arrived within ten
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 was taken to the morgue of
P. J. Bloomfield, in Atlanta.
It is not known what 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
th|pugh 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 and 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 hoy’s skull was fractured and his
face was severely bruised.
Young Davis’ father is a banker
and also owns manufacturing Inter
ests in Dallas, Ga. 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 schoolmates. He is sur
vived by his parents, two sisters, Mrs.
M. Gheesling and Mrs. T. D. Hall,
and one brother, James.
Dr, Dunn Near Death
When Car Hits Auto
Dr. W. M. Dunn was assembling the
parts of ^ badly wrecked automobile
Wednesday and thanking his lucky
stars that the collision with a street car
In rront or the Peachtree Tnn Tuesday
night did not result fatally.
His automobile was struck by a street
oar and dragged 60 feet. He waa not
iniurMt
SHERBROOKE, QUEBEC, Aug. 20.
Harry K. Thaw, who escaped Sunday
from Matteawan, began another fight
for freedom to-day. •
With the application to Judge Glo-
bensky, of the Porvincial Court, for a
writ of habeas corpus. Thaw launched
what may prove one of the greatest
international legal battles in the his
tory of Canada. The application was
made by W. L. Shurtleff, who, with
Colonel H. R. Fraser, one of the most
talented lawyers of Eastern Canada,
represents Thaw.
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 hot a danger
ous man. I do not seek vengeance.
My wife, Evelyn Nesbit Thaw, need
not fear me. Nor need anyone else
fear me. All I want is peaceful and
legal liberty. I feel that I am perfectly
safe. I have studied law ever since 1
was admitted to Matteawan, and I
believe that I am qualified to speak in
this matter.
“Statements to the effect that 1
only sought liberty to kill are sense
less. They are so ridiculous that I
won’t talk of them. I have the kind
est feelings toward the people of Can
ada, and will retain such feelings no
matter what action the Dominion
Government takes, but I hope that
they do not deport me. Detention in
an insane asylum is a living death. It
is enough to make a maniac out of a
perfectly sane man.”
Asked for tt detailed story of his
flight he refused.
“Yes, I was the man they spotted
in Lenox, Mass.,” said he. “But
from that point on I must say noth
ing. I won’t betray my friends.”
Mrs. George Lauder Carnegie, sis
ter of Thaw, arrived to-day and
immediately sought her brother.
Thaw sent word to Roger O’Mara, the
Pittsburg, Pa., private detective, who
has been his counsellor since youth,
to rush here on the first train. He
also expected his mother to come
here from the Thaw lummer home
at Cresson, Pa.
The prisoner said that he slept well
and he seemed much refreshed.
After reading the papers he walked
about his cell nervously awaiting the
arrival of his counsel. He said that
he wanted to get the fight over with.
His first trepidation came with the
news that District Attorney Conger,
of Dutchess County, New York, and
Dr. Kieb, of the Matteawan institu
tion, would come to co-operate with
the United States authorities In an
effort to have Thaw deported back to
New York, or extradited.
Plans for the court battle
In Thaw’s behalf were care
fully made by Mr. Shurtleff
and Colonel Fraser and approved
by Thaw. The fugitive hoped to
have his release ordered by Judge
Globensky and planned to leave this
afternoon for Quebec if he got out.
He intends to sail for France If he
gets his freedom so that he will be
sure to be safe. Ultimately ho hopes
to have his legal freedom established
so that he can return to Pittsburg.
Among the grounds upon which the
Thaw lawyers put into their plea
for their client’s liberty is that he
is only a tourist passing through
Canada and they point to the case
of Jack Johnson, the negro pugilist,
as a precedent. They contend that
Johnson was under conviction of an
infraction of the United States law
whereas Thaw has not broken any
law. They contended that Johnson
Killed in Runaway
After Phoning ‘Joke'
Report of Auto Hurt
PENSACOLA, Aug. 20—A few
minutes after Jokingly telephoning his
daughter that he had been struck by
an automobile and injured, R. A.
Hendricks, a carpenter, was killed
when the horse h© was driving ran
away.
Hendricks telephoned his daughter
just before getting into the buggy,
telling her he had been injured and
was on the way to a sanitarium. Aft
er he had ridden a short distance,
the horse became frightened and ran
away.
Hendricks waa thrown out when
the buggy hit a post. A physician
and ambulance were summoned and
started with him to a sanitarium, hut
the injured man died on the way.
Dalton City Council
Shorn of Its Power
DALTON, Aug. 20.—The City
Council, at the regular meeting last
night, discussed the new charter
amendment and decided that the bodv
now had authority to do little more
than meet and adjourn.
The Whitfield representatives de
clined to push in the General As
sembly the Council’s bill to give it
authority over the police department
and Recorder’s court, but secured the
passage of a substitute which took
from Council the supervision of the
public utilities.
Mrs. Sulzer's School
Friends Raising Fund
DENVER , COL., Aug. 20.—Mrs.
Stephen T. Parsons and her sister,
Mrs. He^ry Billings, of Denver,
schoolmates of Mrs. William Sulzer,
wife of the New York Governor, are
forming a combination of childhood
friends of Mrs. Sulzer, now scattered
over the world, to raise a fund to as
sist Sulzer In his fight to retain of
fice.
Mrs. Parsons announced several
of the boye and girls Mrs. Sulzer at
tended school with have grown to
be persons of Influence and every
pressure will be used.
Backs New Railroad
Line Across Georgia
FORSYTH, Aug. 20—R. L. Wil
liams, Jr., a Macon lawyer and for
mer resident of Forsyth, Is promot
ing the plan to build a new railroad
to connect Columbus and Augusta.
The route from Columbus includes
Talbotfon, Thomaston, Forsyth, Ju
liette, Monticello, Eatonton, Union
Point and Washington to Augusta.
The plan is to interest local capi
talists, business men and farmers
all along the route, and they are
being approached to this end.
Toads May Save
The South Millions
JACKSON, MISS., Aug. 20.—Ex
perts of Mississippi’s Agricultural De
partment believe the garden toad of
fers the solution of the boll weevil
problem, that has cost the South mil
lions of dollars.
A scries of experiments shows toads
to be the best weevil destroyers so
far found. In the stomach of one
was found 100 weevils, in that >t
another, 70.
Continued on Page 2, Column 6.
Col. Gorgas Accepts
South African Task
Special Cable to The Atlanta Georgian.
JOHANNESBURG, Aug 20.—Col
onel William C. Gorgas. chief sani
tary official of the Panama Cana:
Commission, has accepted the Invita
tion sent him by the Chamber of
Mines to undertake the improvement
of the sanitation works on the Rand,
subject to the approval of the UnlleJ
States Government.
Amazon of Mexico,
Pascuala, Captured
DOUGLAS. ARIZ.. Aug. 20.—Donya
Pascuala, Amazon and military phy
sician, passed through Agua Prieia
today a prisoner on her wav to Her-
mosillo.
Her arrest ended, temporarily at
least, her career as leader of a guer
rilla band which, during the last year,
aad terrorized email towns In Sonora.
Miss Myrtice Cato, for three years and a half an em
ployee of the National Pencil Factory, was the first of
a number of witnesses called by the State Wednesday to
testify against Leo Frank’s character. She swore
Frank’s character was bad.
Miss Maggie Griffin was the second. She made the same de
claration. She was asked if she knew of Frank’s relations with
women. She said she did. Attorney Rosser objected and the jury
was excused.
Solicitor Dorsey, successful in his endeavor to re-open the
question of the time Mary Phagan met her death as judged by the
condition of the food found in her stomach, gathered a brilliant
array of stomach and intestinal specialists Wednesday to lead in
an onslaught against the testimony of the experts called by the
lawyers for Leo Frank.
Dr. Clarence Johnson, a well-known Atlanta specialist, on be
ing asked a hypothetical question embracing the conditions in
which the cabbage in Mary Phagan’s stomach was found, gave it
as his opinion that the girl came to her death within an hour after
the digestion began.
This corroborated in a measure the testimony of Dr. Harris,
who estimated the time at from half to three-quarters of an hour
after the cabbage had been eaten.
Dr. George M. Niles, who holds the chair of gastro-enterology
at the Atlanta Medical College, swore that digestion could not
have progressed more than an hour under the conditions described.
He was quite positive digestion had progressed less than an hour.
Dr. John Funke, professor of pathology and bacteriology at
the Atlanta Medical College, testified that he had been shown sec
tions of the organs of Mary Phagan by Dr. Harris, a circumstance
which had not been made known until this point in the trial. The
defense had charged that Dr. Harris had made his experiments
and analysis in secret and had consulted no other expert.
Dr. Funke later admitted that he had not made the examina
tion until about a week ago after the charges had been made and
he had been asked by Dr. R. T. Dorsey, brother of the Solicitor,
to inspect the specimens.
This expert corroborated Dr. Harris in his declaration that
Mary Phagan was a victim of criminal violence, but he fell some
what short of substantiating Harris on the time the cabbage had
been in the stomach before the digestive processes had been stopp
ed by death.
Being pressed for a definite answer on this point, he said:
“One can not say positively, but it is reasonable to assume
that digestion probably had progressed an hour, maybe a little
more, maybe a little less.’’
Dr. Johnson was extremely cautious in his answers. He dic
tated his replies slowly and studiedly to the court stenographer
and picked his words and phrases mo3t carefully.
He said first in reply to questions by the Solicitor that it was
his scientific opinion that the digestion of the cabbage and bread
in Mary Phagan's stomach had stopped within an hour after they
were eaten. Attorney Arnold, however, got the expert to change
his answer to “within an hour after digestion had begun,” forcing
Dr. Johnson to admit that the beginning of digestion many times
is delayed by poor mastication or overdilution of the gastric fluids.
The witness would not undertake to say how long it was before
the first processes of actual digestion had begun in the case of
Mary Phagan.
Much surprise was occasioned when it was learned that Jim
Conley had been brought to the courthouse at the command of Soli
citor Dorsey. It was rumored that he would go on the stand but
Solicitor Dorsey insisted that he had him brought over merely to
have him identified by persons who could swear to his good char
acter.
A livelv
argument over the '“d on, y for the purpose of rebutting
State’s proposal to call three or
four prominent physicians to con
trovert the testimony of the de
fense’s medical experts marked
the opening of the Frank trial
Wednesday.
Luther Rosser and Reuben Arnold
vigorously fought the introduction of
witnesses for this purpose in the
state’s rebuttal. Solicitor Dofsey
maintained he had a perfect right to
develop as much testimony along this
line as he wished.
The defense took the attitude that
ail of their medical experts were caJJ-
the testimony of Dr. H. F. Harris,
secretary of the State Board of
Health, who will go down in the his
tory of the Phagan case as the wit
ness who professed to determine the
time that intervened between the time
that Mary Phagan left home and the
time she was killed by th e condition
of some undigested cabbage in her
stomach.
Attorney Arnold argued the if the
State had wished to obtain the testi
mony of other medical experts to
corroborate the statements of Dr.
Harris, they should have been called
ia the original presentation of jjv*