Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 21, 1913, Image 3

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TTTE ATLANTA GEORGIAN AND NEWS. 3 GEORGIA'S GREATEST ITS FATEFUL CLOSE FORMER EMPLOYEES iSSISm, WHO ATTACK FRANK’ MISS MYRTICE CATO. By JAMES B. NEVIN. The evidence in the Frank case all has been delivered; the last word has been spoken, both for and against the defendant, so far as the witnesses are concerned. It only remains for the lawyers to argue the matter to the jury—and then, after the court has given the jury the law in charge, ther e will re main only the verdict to record. The most complex, difficult, elusive and mysterious murder case in the entire criminal history of Georgia is nearing its end! It is do lbtful whether any of us ever shall see the like of the Frank trial again. Lawyers give it as their opinion that it has been, in a dozen or more ways, the most extraordinary pro ceeding ever coming under their ob servation—and certainly the news papers of the State never have been called upon to handle a story so amazingly strange in its varied and sometimes astonishing ramifications. The Phagan case—for as such it will go down in history, rather than as the Frank case—has combined within itself all that goes to make for intense and insistent heart in terest. It has revolved about a sweet little working girl, tragically, and cruelly, and brutally killed—murdered in the first flush of young and promising womanhood, who probably never knew, and if knowing, still not com prehending, why that awful fate Bhould have come upon her so sud denly and so unavoidably! It has involved the honor and the home happiness of a young business man, theretofore of unblemished in tegrity and standing in one of the most cultured cities in the world; it has stormed about two households, equally unoffending within them selves; it has concerned itself with the love of two mothers, and it has be differentiated in the mind of the jury from the psychological case—if the pleadings could be Confined strict ly to the primary issue, murder, and not any manner confused with the other unmentionable issue brought into the case—the probable finding of the jury would be easier to antici pate and forecast. If Frank might have been tried for murder, pure and simple, NOW, and LATER tried for the other thing, the problem of the jury might, and doubtless would, be simplified im mensely. | But to expect the Jury to separate in its mind entirely the two things Frank is answering for is almost tc expect of it the impossible—the su perhuman! Jury but a Part of the Public. It has been seemingly impossible for the public to do that—and, after all is said and done, the jury is but a portion of the public, made more careful in forming its opinions, to be sure, by the solemn oath it has taken, but merely a portion of the great public nevertheless! The big card played against Frank was the negro sweeper, Conley. Upon his astonishing story turns the State’s entire case, from every point of View. Conley it was who first pointed the direct finger of accusation toward Frank and fixed upon him the awful charge of murder, and Conley it was who first spoke the word of unspeak able scandal that has made Frank’s road to acquittal a thousand times harder to journey. Pitted against Conley is Frank, al most an*] pathetically alone! He made a remarkable statement—- It carried with it every indication, sc far as the surface of things seemed to show, of truth and straightfor wardness. If it was a sustained misstatement made to bleed the heart of a wife, and fact, toM to save himself, It was has brought sorrow unspeakable to the m0 ’ st wonderful piece of work I the minds of hundreds of loving GVer witnessed friends, both of the accused man and the dead girl. Sleeping Prejudice Aroused. It has, with sordid emphasis, sup In his own behalf Frank was far and away the very best witness the defense put forward. If it shall so fall out that he be ac pressed but unmistakable, made man- j quitted, that statement must and wi 17 Ifest deep-seated prejudices and opin- ^ credited with a tremendous share ions—gathering as it swept along of the responsibility thereof. many things foreign to the real point in issue, until the one big stake the It has behind it, too, some things that the Conley statement has not—• cards must settle presently has, at among other things, a long record of times, been completely lost sight of. respectability, integrity and business ! standing, vouched for by an abun- j dance of very high-class evidence as i to Frank’s character, tire scale of human emotions—there i And yet — it was not delivered on is little by way of sinister or grim 1 oath> and lt cer tainly carried a load appeal that has not been, somehow 0 f self-interest. and even now is not easy to locate I with certainty. The Phagan case has run the en- ancl sometime, injected into it! Undoubtedly much has crept into But, after all is said and done, per- the case, or been lugged in, that is haps the matter has been thrashed out thus far in the light of the best intelligence that might have been ap plied to it. irrelevant, but—well, it is in, and that is the end of it, perhaps! If Frank is convicted there will be grounds innumerable for asking a At times, fate has seemed all too j new trial; and if that is refused, there will be an abundant assignment of error whereby a reversal possibly may be had later and a new trial or dered. All Staked on Acquittal. Frank, however, has staked his all and everything on acquittal—to be de nied that is to be denied the hope of all hopes that sustain him to-day! And sq, after the evidence all Is in, and the public at last is face to face v\-4th the forthcoming verdict—after four months of nerve-racking sus- The one means an ignoble death If pcn.^ie, swung this way and that, and qever knowing exactly what to think —there is but one thing human be ings of normal minds and poise can do unkind to the defendant; at times the State has seemed unduly estopped from proceeding as it thought it had a right to proceed. • Undoubtedly things have been said and done by both sides to the Frank trial that, as strict matters of la*v and justice, never should have been said or done. Frank has had to answer not to the charge of murder alone—as the Indictment contemplated he should— but to two charges. sustained: the other means a worse than ignoble life thereafter in the penitentiary. In a measure, too, the charge of to-day. murder has been swallowed up and They must await the verdict with accept it as the obscured by the other monstrous mlnd9 preparad t0 thing—and yet one can hardly se? wherein the defense may complain of that, in that the second charge got j way of justice and right. truth—the very best human ingenuity and the forms of law* can establish by Into the record with the consent of the defense, if not almost by its in vitation. Scales Held With Even Hand. Judge Roan—and in this, at least, —I think the public is agreed, has tried his level best to hold the bal ances even. If there be error in his rulings, they have been errors of the head and not of the heart, I take !t. Either an acquittal or a conviction —the one final, and the other a matter to be reviewed—would be the finish of this trial most satisfactory to the public. All that any man SHOULD def»ire— ’4all. indeed, that any honest man CAN desire—is that the truth be recorded in the Frank case, in the light of rea son, common sense and justice, as And, error or no, he has maintained man j s given the light to see! an impartial average of judicial fa vor, so to speak, and he will come through unsullied and uncriticised. What effect upon the jury the evi dence will have is highly speculaive and problematical. Both the defendant and the State have much at stake—the one has hiF life and his liberty, the other has the majesty of the law, which is the pro tection of the lives and liberties of all. It is easy to find fault, to say that a If the jury were not composed of mliHake wa , mad( , h( , rt , and there . human beings and could confine it self to those things alone lt has been legally held to, the pathway to ac quittal of Frank might seem brighter. But the trial has been so long drawn out, so full of perplexing de tail, so worrying and fretiing to sim ple analysis, so mixed as to- issue*- - , and so disconcerting in sequence jf testimony, that one is at a loss to Imagine just what the jury MUST think of it all now. In its strict legal aspect, the case against Leo Frank, while wonderful ly w r ell held together and set forth by the Solicitor General, still Is not such a case as would prompt one to pre dict sure conviction. Neither, however, has the defense been of a nature warranting a pre diction of sure acquittal that sins of commission and sins of omission marked the progress* of the trial from both sides. But that, and none of that, gets us away from the fact that the trial has been as fair and square as might have been expected—and whatever the ver dict, no man will have the right to say that undue favor has been shown. The verdict of the jury—“twelve good men and true’’—that the public should be prepared to accept loyally and sincerely, as the TRUTH of th«- Phagan murder, in ho far as Leo Frank Is concerned therein. VI DALI A GINS RUNNING. VIDALIA.—The cotton is well un der way and both gins at this place are running, ten or twelve bales pet- day being ginned. At Higgston, how ever. the gins will not start until after a rain, as there in not water enoug 1 If the technically legal case could to run them. MONTCLAIR, N. J., Aug. 21.—Mrs. L. H. Forster’s pet cat was murdered, seemingly by a dog, whereupon Mrs. Forester rushed into police head quarters here and asked that Snap, a dog owned by a neighbor, be charged with the murder and duly executed. Asked if she knew* to a certainty that Snap was the culprit, she an swered in the negative, but declared she felt sure Snap killed her cat, “be cause he was sniffing in my yard afterward.’’ The police contended that Snap had a right to sniff and re fused to have him haled into court. Women Control 3 Big Baseball Clubs; Mrs. Locke Magnate PHILADELPHIA, Aug. 21.—Wom en’s rights ' are becoming rear and earnest in major league baseball. To-day three women control the majority stbek in three National League clubs—Philadelphia, New York and St. Louis. The hand of Providence gave this power to the woman in each instance. Mrs. William H. Locke, widow of the president of the Phillies, Is the most recent of the trio of the women magnates. She obtained a controll ing interest in the local National League club last week, when her husband died. She is not expected to take an active part in the management of the club. She will depend on her cousin, William F. Baker, the acting presi dent, and her father, David C. Sny der, secretary-treasurer. Morgan Is Refused Seat on Own Road BOSTON, Aug. 21.—J. P. Morgan with his valet and handbags the other day boarded an express train at New London for New York and demanded a seat in the parlor car. There was none left and the conductor was dreadfully sorry, for Mr. Morgan practically owned the road. He was led to an ordinary cda“’t and his valet stowed away on a seat. Further developments resulted in the conductor seizing the baggage mas ter's private camp chair and exca vating a place in the parlor car for Mr. Morgan, who rode to New York perched on the camp chair and wab bling rather wrathfully. Couple Married 11 Times in 4 Years HAGERSTOWN. MD„ Aug. 21.— Mr. and Mrs. Frank Vernon lay claim to being the moRt married couple in the world. They’ve had the knot tied eleven times. They first were mar ried in Columbus, Ohio, in 1909, then in Montreal in 1910, in Scotland, Eng land, Wales, Germany, France, Bel gium and Russia in 1911; in Australia in 1912, and in Mexico in 1913. Vernon said it merely was a hobby of theirs to be married in every dif ferent country they visit. miss marie karst. First Woman Umpire Success in Chicago CHICAGO, Aug. 21.—Mrs. J. E. Waters, wife of a Woodlawn business men, claims to be the first woman appointed to umpire a baseball game. She officiated at a contest between teams made up of members of the Woodlawn Business Men's Associa tion at Marshall Field to-day. “I know the game well and am proud of being the first woman um pire,” said Mrs. Waters before the game. “With women umpires gener ally I think ther would be much less rowdyism at games.’’ Stole Her Husband’s $120,000 Stamps Special Cable to The Atlanta Georgian. PARIS, Aug. 21.—The police claim ed to-day to have solved the mystery surrounding the theft of $120,000 worth of rare stamps from the col lection of M. Hadimirza, the famous Persian stamp collector, by causing the arrest of his wife. According to th<* authorities. Mine. Hadimirza confessed taking the stampn and fleeing to Berlin, but re fused to divulge their hiding place. Hadimirza had the finest collection in the world. Mackay Would Teach Scotch to the Scots Special Cable to The Atlanta Georgian. EDINBURGH, Aug. 21.—Clarence H. Mackay, who, with a party, is grouse-shooting at Fattereaso, in Kincardineshire, has been teaching the Scots how to pronounce his sur name. The natives think this is rather funny, as Mackay is the name of a Highland clan. In Scotland it is ahvayn pronounced to rhyme not with “day,” but with ’’die.” 200,000 Blistered Hands Resume Work On Missouri’s Roads T Good Roads Boosters Are Aroused. Big Ovation for Pathfinders Is Planned in Birmingham. Court-Martial Is Too Lenient,Says Daniels WASHINGTON, Aug. 21.—In ap proving »he courhnarlial sentence cf Paymaster Theodore J. Arms, found guilty of “culpable inefficiency in the performance of duty,” Secretary of the Navy Daniels deplores the in adequacy of the pentenee—loss of three numbers—and accuses six mem bers of the court who recommended clemency “as placing themselves on record in favor of condoning the of fense.” As officer in charge of the commis sary of the battleship Louisiana Arm’s negligence made lt possible for the chief commissary steward to defraud the United States out of $7,060. Princeton Students Farming 200 Acres PRINCETON, N. J., Aug. 21.— Within 100 yards of the Prlncetoh University campus a farm of 200 acres is being cultivated by six un dergraduates of that institution. In a few weeks the crops from this acreage will be dispensed to the students of Princeton and the summer work of the six college farmers will clone. BALTIMORE AND RE- TURN—$20.95. On sale August 22, 23, 24. Through ^teel trains. Seaboard. Good roads and highway boosters of Atlanta and Georgia are watching with interest the progress of Path finder Ferguson, who is blazing a trail from Atlanta to Ban Francisco for Hearst's Sunday American and other papers. The Ferguson party is speeding through east Alabama toward Bir mingham. Arriving ther® about noon Thursday the party will be escorted into the city by a big delegation of good roads boosters, city officials and leading citizens, headed by a brass band. Soon after the arrival a mon ster meeting and reception will be held in honor of the trail-blazers. The tourists will resume the Jour ney to Montgomery Friday morning and are scheduled to arrive In the Alabama capital Saturday. From Montgomery the party will proceed to Mobile, thence to New Orleans, Dal las, Houston, San Diego, Los Angeles and Ran Francisco. Enthusiasm Augurs Success. If the enthusiasm manifested in the big campaign all along the route from Atlanta to Birmingham is an indica tion of that w r hich is to follow from Mobile and New Orleans on to San Francisco, the ultimate success of the project is assured. Seldom in either Georgia or Ala bama have people been known to take such interest in a campaign of this sort. Leaving Atlanta Mondav morn ing, the Ferguson party arrived at Au-ntell, where a big delegation of Douglasville good roads boosters met the tourists to escort them to Doug- lasville. Here Mayor Upshaw and Editor Drake acted as hosts at a re ception at the Douglasville Hotel. Not to be outdone by their neighbors, the Tallapoosa boosters took the tourists In hand Tuesday morning and escort ed them across the State line to Hef lin, Ala., -where another reception was held, with Booster R. A. Perryman as the host. Contest Over Routes Develops. From Heflin the tourists proceeded direct to Anniston, where a new -port of evidence of the immense interest in the campaign was found in the form of a contest between rival delegations from Ashvllle and Riverside, who want the highway between Anniston and Birmingham. Mr. Ferguson settled the contro versy for the present by deciding to go by way of Ashvllle on this trip and via Riverside and Pell City on the second trip to San Francisco. Al though the Riverside enthusiasts were keenly disappointed, they took their medicine manfully and went back holhe Tuesday afternoon to begin work on the road in prepartion for Mr. Ferguson’s trip several months hence. The official route through this section of the country will not be se lected until both routes have been checked over Carefully. Following arrival at Anniston Path finder Ferguson declared the roads between Atlanta and* the Alabama city w r ere In good shape in most places and highly capable of affording a first-class trans-continental route. If the citizens of Georgia and East Ala bama do as much for the roads in the next two years as they have done In the last two Mr. Ferguson declar ed, the highway through this section will be Ideal. The records Mr. Ferguson Is making show the road between Austell and KANSAS CITY, Aug. 21.—Reeking with the odor of liniment, displaying sorely blistered hands and cheerfully trying to persuade aching back mus cles to do their bidding, the men of Missouri w'ho joined the crusade of Governor Major to make the State’s roadways better resumed their toil to-day. Few desertions were reported among the 100,000 men who gave up other duties for two days to “pull Missouri out of the mud.” They promised that to-day’s setting sun should shine on $1,000,00 worth rf road improvement. Governor Major himself was *out near Jefferson City to-day directing the operation of a road-making ma chine. He toiled tirelessly alongside grocers, undertakers, barbers, preach ers, plumbers and men of every line of business. Queen Mary Won’t Let George Run Club Special Cable to The Atlanta Georgian. LONDON, Aug. 21.—A committee of the exclusive Marlborough Club de cided recently to have a ladles’ night once a w*eek, on which members might bring ladies to dinner, with a quiet little game of cards afterward. A resolution was submitted to King George, who has absolute authority in all such matters, as the club was founded by King Edward, and he ap proved it. I^ist week, however, the King noti fied tlie club that on second thought he withdrew his approval. It is said Queen Mary caused the King to change his mind. cum 10 LIFT BAR TO CHtEK Will Make Official Request to County Board So Peachtree Work May Be Taken Up. Hail Ruins $50,000 North Dakota Crops MfNOT. N. D„ Aug. 21.—Fifty to seventy-five thousand dollars’ dam age to crops of Renville County re sulted from a terrific hailstorm. The damage extends from Tolley across the international boundary. The path of the storm w'as five miles w ide and more than thirty miles long. Rancher Buried Alive By Mexican Rebels a SAN FRANCISCO, CAL., Aug. 21.— Among the recent arrivals from Mex ico is Sydney M. Sutherland, from Mexico City. He said: “Deeds are daily committed in Mexico wffiich it would be difficult to credit in this country. The so-called revolutionists, who are nothing but outlaws, have done things to their own countrymen and to foreigners which Americans can scarcely believe possible in this age.” He told of seeing an t.ged ranch owner buried alive by Zapatists. ‘Minute Men’ Guard U.S.Flag to Germany WASHINGTON, Aug. 21.—Selected as a guard of honor for the American flag that will accompany the mem bers of the German Patriotic Society of America to the fatherland, ten offi cers of the “minute men” of Washing ton, a semi-military organization, have departed with the flag, the gift of the Daughters of the American Revolution. They joined the society delegates on board a specially chartered liner for the voyage to Bremen. Denial that Captain Robert M. Clay ton. City Chief of Construction, had made official request that the County Board of Commissioners rush the cleaning out of Peachtree Creek so as to have the work completed before the opening of the new sewage dis posal plant has been made by Com- mlslsoner Thomas Winh. “The members of the board have read in the newspapers interviews from Captain Clayton in which he urged the work,” said Commissioner Winn, "but we have never been com municated with officially. It occurs to me that the proper way to go about the work would be for the City to officially Inform the board of the work that Is necessary. “I am sure the Commissioners w'ould give the matter immediate con sideration and that lt will be the very best that possibly can be done to give the new plant a fair trial, with out the handicap that naturally would result from e congested out flow. The board can do nothing until the matter is properly presented.” Captain Clayton In a statement said the matter of cleaning Peachtree (’reek so as to give a free outflow for the sewage disposal plant never had been presented to the board of ficially, but declared he did not think it necessary. “In personal conversation with every member of the board,” he said. “I have urged the importance of this work, and personally w r ent before the board emphasizing the fact that the removal of the accumulated driftwood from the bed of Peachtree Creek is necessary to the successful operation of the new sewage plant. “However, in order to remove all doubt and get the work started as soon as possible, I will at once make a written statement to the board of the necessity of the work, and invite its co-operation. I also will take the matter up with the Bond Commis sion.” chairman Quilllan, of the City Bond Commission, said he will call a meeting of the commission at once and take formal action on the mat ter. The Public improvements Com mittee of the Board of Commission ers meets Saturday morning, and it is probable the official requests of Captaih Clayton and the Bond Com mission will be laid before the board then. a Douglasville to be one of the finest stretches in East Georgia. The road bed is built of fine granite soil which is damaged very little by traffic. From Douglasville to Tallapoosa the* road Is not quite so good but is in such shape that a small expenditure would put it in excellent condition The entire route from Austell to Tal lapoosa is over the old Tallapoosa highway, which In former times was the Tallapoosa Indian trail. The pres ent road was constructed about 25 years ago. The Ferguson party traveled over a new route from Tallapoosa to Heflin, Ala. A part of the road is In fairly good shape, but other sections are rough. These bad conditions will soon be a thing of the past, however, through the mutual co-operation of the Ala bama farmers who are giving a pari of their time to working the roads in Cleburne County. Between Heflin and Anniston the road is bad in spots. Watch Out 1 Indigestion 1 Dyspepsia Constipation Biliousness will surely “fret you” if you are careless and 1 neglect the Stomach, I Liver and Bowels. Be I on guard, and at the . first sign of trouble always take ;HOSTETTEITS ! STOMACH BITTERS 1 It tones, strengthens, I invigorates the entire I system. Try it now. | Summer Dresses and Linen Suits Greatly Reduced at ALLEN’S $6.95 to $10.00 Dresses $12.50 to $16.50 Dresses $18.50 to $22.50 Dresses $25.00 to $30.00 Dresses $35.00 to $40.00 Dresses $45.00 to $50.00 Dresses $2.45 $4.45 $6.95 $8.95 $11.95 $15.95 Any Linen Suit in the House $4.45 J. P. Allen & Co. 51-53 Whitehall St.