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ALWAYS FIRST
The SUNDA Y
AMERICAN
Ord«r it NOWsess
Both Phono* Main 100
The Atlanta Georgian.
Read for Profit—GEORGIAN WANT ADS—Use for Results
VOL. XII. NO. 16.
ATLANTA, GA„ THURSDAY, AUGUST 21, 1913.
By
Copyright. H09,
The Georgian Co.
2 CENTS. P M A J R S°
South Georgia
HOOPER BEGINS ARGUMENT
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Case to Go to Jury
Night
1 KILLED IN
Fight With Knives Near Marietta
Fatal to Fred Lemmings and
John Elroy.
As a result of a knife battle fought
within a few yards of the doors of
the New Hope Church, in Cobb
County, three miles out of Marietta,
after prayer meeting Wednesday
night, two men are dead, one is
probably fatally wounded and a
fourth is held by a Coroner’s verdict
on a charge of murder. %
The dead,are Fred Lemmings and
John McElroy. John Harper has
wounds in a shoulder and lung and is
in a serious condition.
Fred Harper i» held by the Coro-
nere’s jury charged with killing Lem
mings.
Worshipers who attended the
church services witnessed the fight.
The trouble between the Harpers
and the Lemmings dates back to the
last term of the Cobb County Su
perior Court, when Charles Lem
mings, a brother of Fred Lemmings,
was sentenced to the chaingang on a
charge of cursing before women. The
Lemmings clan assert that he was
not guilty, but had been railroaded to
ihe chaingang through false testi
mony.
Wednesday night the warring clans
met at the doors of New Hope
Church. Wehn the pastor pronounced
the benediction and the congregation
filed slowly out of the little church,
the warring families met almost di
rectly in front of the doors. Hot
words were exchanged. Knives
flashed and the battle began amid the
screams of the women and children
and the pleadings of male members of
the congregation.
Fred Lemmings received a fatal
wound within a few’ minutes after the
fight began, and then the battle raged
about his dead body. John McElroy
and John Harper were lying uncon
scious on the around. Fred Harper
was taken in custody when oIT.cers
arrived from Marietta and an inquest
over Lemmings’ body had been con
ducted. McElroy died this morning.
Atlanta Mother
Wants to Ship Her
Boy by Parcel Post
Is a 5-year-old boy mail matter?
Can he be wrapepd up, with a tag
around his neck, stamps on his head
and handled like g sack of mail?
Jacob Unger, a stenographer in the
office of Superintendent of Mails I. C.
Hart, at the Federal building, wants
to know.
Mrs. James E. Vaughn. 387 Pied
mont avenue, telephoned Superintend
ent Hart’s office late Tuesday.
“Can parents send 5-year-old boys
by parcel post?” she inquired.
“I want to send my son to Augusta
and I thought it would be so nice to
send him by parcel post. Then I'd
know he wouldn’t get lost or run
over.”
Unger told Mrs. Vaughn he would
look through the parcel post regula
tions and see if boys are listed as
merchandise, and are mailable. He is
still lopking.
Court-Martial Is Too
Lenient,Says Daniels
WASHINGTON, Aug. 21.—In ap
proving the court-martial sentence cf
Paymaster Theodore J. Arms, found
guilty of “culpable inefficiency in the
performance of duty,** Secretary of
tlpe Navy Daniels deplores the in
adequacy of the sentence—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 it possible for the
chief commissary steward to defraud
the United States out of $7,060.
First Woman Umpire
Success in Chicago
CHICAGO, Aug. 21.—Mrs. J. E.
Waters, wife of a Woodlawn business
man, claims t obe 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.”
organ Is Refused •
Seat on Own Road
IOSTON, Aug. 21—J. P. Morgan
h his valet and handbags the other
• boarded an express train at New
ldon for’ New York and demanded
eat in the parlor car. There was
ne left and the conductor was
adfully sorry, for Mr. / organ
.ctically owned the road^
le was led to an ordinary coach
1 his valet stowed away on a seat.
rther developments resulted in the
iductor seizing the baggage mas-
'5 private camp chair and exca-
ing a place In the parlor car for
Morg&n. who rode to New York
•ched on the camp chair and wab-
-lg rather wrathfully.
illionaire, at 62,
Weds a College Girl
new HAVEN, Aug. 21.—Henry E.
we, millionaire oyster grower of
w Haven and Providence, who is
years old, married Miss Etta El-
ra MacMillan, who gave her age
27, in Providence.
,ast year, the bride was president
her class at Lazell Seminary, A'u-
rndale. Mass.
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 the authorities. Mme.
Hadimirza confessed taking the
stamps 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
Progressive Party
Year Old August 30
CHICAGO. Aug. 21.—The first cele
bration of the birth of the Progres
sive or "Bull Moose” party will be
held in Chicago on August 30. It
Is to be known as “Progressive Day.”
Progressives from live States of the
Middle West will participate.
AS SLAVER:
WAITING TO SEE 'PAPA’
Convicted on Four Counts and
Facing a Twenty-Year Term,
Californian Plans Appeal.
Aided by Relatives and Brilliant
Legal Array, Slayer Continues
Fight for Release.
Special Cable to The Atlanta Georgian.
EDINBURGH. Aug. 21.—Clarence
H. Mackay, who, with a party, is
grouse-shooting at Fatteresso, In
Kincardineshire, has been teaching
the Seo'.s 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 always pronounced
to rhyme not with "day,” but with
“die.”
Millionaire Taking
Woman’s ‘Fast Cure'
SEATTLE, WASH.. Aug 21.—Rob
ert Graham, the millionaire British
bread kiftg, is taking the "fast cure”
under the notorious Linda Burfleld
Hazzard, despite the warning of the
British Vice Consul that several Brit
ish subjects have been starved to
death.
For thus killing one of her patients,
this woman is now under sentence
to the penitentiary.
SAN FRANCISCO. Aug. 21.—Maury
I. Diggs, State architect at 25 and
now but 27 years of age, convicted in
a charge of'violating the Mann white
slave act in transporting Marsha
Warrington from one State to an-
/
other for immoral purposes, will be
sentenced September 2. His attor
neys announced to-day that they will
appeal the case.
It was the unanimous opinion of
the twelve Jurors before whom he
was tried that he was guilty on four
of the six counts in the indictment.
Under the law’ the maximum penalty
hi five years in the penitentiary, a
$5,000 fine, or both, on each count.
Next Tuesday F. Drew' Caminetti,
son of United States Commissioner
of Immigration Caminetti. will go on
trial In the same court on the same
charge. He eloped with Lola Norris
to Reno, Nev.
Diggs can be sent to the peniten
tiary for twenty years on the four
counts. An indictment still stands
against him for attempted suborna
tion of perjury.
Last night Diggs kept out of th*
Alameda County jail by filing a bond
for $20,000—$5,000 on each of the four
counts. His old father and his fa
ther’s partner and cousin, Marshall
Diggs, the widely known Democratic
leader, were sureties.
Child Sleeps in Courtroom.
While Diggs was facing conviction
his little daughter Evelyn slept
peacefully In the courtroom, in which
she had prattled through the day.
His young w-ife bit her lips and tried
to look brave. His father and mother
bow r ed their heads and seemed to ag3
In their seats as the minutes of the
Jury’s deliberation dragged.
The four counts on which Diggs
was found guilty regarded the pur
chase of the ticket for the flight from
Sacramento to Reno and the carrying
off of the two girls.
The first count alleged that he as
sisted and aided in transporting Mar
sha Warrington from Sacramento to
become his mistress.
The second count accused him of
assisting In transporting Lola Norris
to Reno to be the mistress of F. Drew
Caminetti.
The third count Alleged that he
purchased a ticket for Marsha War
rington, and the fourth that he pur
chased a ticket for Lola Norris.
Unable to Aqree on Two.
On the other two counts there was
a long wrangle and finally disagree
ment.
These were:
That Diggs induced, perstia*
advised Marsha Warrington to ej
"itb him to Reno for immoral pur
poses, and that he induced, ptpsuade.i
and advised Lola Norris to go to
Reno with F. Drew Caminetti for Im
moral purposes.
While the women of the Diggs and
Caminetti families sat as if stunned
arrangements for bail were made and
the jurors went away. Some of them
said it was the story of Diggs himself
on the stand that hurt his cause.
“Cheer up, Maury,” said Drew (Cam
inetti. going up to his chum. “Th«
fight is not over yet. Stop looking sn
glum.”
But young Mrs. Diggs wept silent
ly, w’hile the defendant’s mother
seemed about to faint.
Diggs refused to comment on his
conviction. After his bonds had been
filed he left with his wife and daugh
ter for his father’s home in Berekeley.
To Carr ' U-* Appeal.
Prosecutor Roche, followin'” the re
turn of the verdict, said that the
United States Supreme Court has
/held that a person is technically
guilty of violating the Mann w-htte
slave law wnen he induces a woman
to go to another State even to
enter a dance hall, contending that it
lays the woman open to a life of
debauchery.
Margaret
Louise Wisbey,
whose father
Is on the Frank
Trial Jury.
SHERBROOKE, CANADA. Aug. 21.
Attired in a natty new suit which he
had sent out of the jail to purchase.
Harry K. Th^w, the fugitive from the
Matteawan, N. Y.. asylum for the
criminal insane, received his brother-
in-law’ and sister, Mr. and Mrs.
George Lauder Carnegie, in his cell
to-day before the hodr sdt for the ar
guments on Thaw’s petition for a w’ril
of habeas corpus and told them not
to worry, that he would soon be at
liberty.
After a restful night. Thaw ate a
hearty breakfast and mdde an elab
orate toilet.- With the self-conscious
ness w’hich always has characterized
his actions, he took extreme care with
his dress, knowing tfiat he would pass
the gantlet of thousands of eyes on
the quarter-mile ride from the gray
«1d stone Jail to the courthouse.
At times it seemed that Thaw’ was
worrying more over his appearance
than the outcome of his present fight
for freedom. He had written out a
number of points w’hich he w’anted his
lawyers to feature in their argu
ments. and these stuck importantly
from his pockets.
Chafes at DeUy.
However, Thaw’s three lawyers.
Colonel H B. Fraser, W. L. Shurtleff
and C. D. White, took the stand that
they were running the defense, and
told Thaw that he was to consent to
their own opinions. Thaw chafed un
der delay, but finally admitted that it
would be better to be guided by legal
talent more fully' acquainted with
Canadian law's than he.
.Thaw w'as apparently perturbed by
a rumor that former District Attor
ney William Travers Jerome, who
prosecuted him for the rqurder of
Stanford White, might come here to
aid the New York State authorities
because of his intimate knowledge of
the various angles of Thaw’s case.
The fugitive always has regarded Je
rome as his nemesis, as no one has
fought harder than the former New’
York District Attorney to keep Thaw
in Matteawan.
That the coming of Mr. and Mrs.
Carnegie and Dr. Britton D. Evans,
an alienist, cheered the prisoner w’as
evident. He brightened up consid
erably after the morning visit.
Dr. Evans has been in the employ
of the Thaw family to combat the
State alienists w’ho have been trying
to keep the Pittsburger In Martea-
wan. He came here prepared to take
Thaw’’s side in the event that the
Provincial authorities demand a
menial examination of the prisoner.
Investigate Through Ticket.
District Attorney E. A Conger.
Dutchess County, New York
which Matteawan is located), was
unable to see Thaw until to-day, al
though Sheriff Hombeck, also of
Dutchess County, who arrived here
with Mr. Conger, was able to get to
the prisoner. Hornbeck has in his
pocket a warrant charging Thaw with
conspiring “against the peace and
dignity of the State of New York to
escape from the State asylum at Mat
teawan.”
An investigation of the manner in
which Thaw came into possession of
a railroad ticket for Detroit, Mich., is
being made. The Dominion authori
ties are not satisfied that Thaw
bought the ticket himself.
It wa* learned from an authorita
tive source.that immigration officers
who are here plan to arrest Thaw on
the ground that he smuggled his way
Into Canada if he gets his freedom
on a habeas corpus writ. The village
of St. Hermenegitde, where Thaw
and his companions came into Can
ada from the United States, is not a
port of entry.
“Educated Roger” Thompson,
Thaw’s traveling companion, who ha«
been held in $500 baii on the ground
Continued on Page 2, Column 4.
'
Women Control 3
Big Baseball Clubs;
Mrs. Locke Magnate
PHILADELPHIA. Aug. 21 Wom
en’s rights are becoming real and
earnest in major league baseball.
To-day three women control the
majority stock 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
th«n 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.
FDR DEA
Boston's Tore and
Aft' Skirt Winks
Oh!-Coquettishly
BOSTON, Aug. 21.—The “fore and
aft” skirt created a sensation in
Cambridge streets to-day, when a
young woman wearing one was seen
promenading Harvard Square.
The skirt had a very slight slaah,
which allowed an emerald petticoat
and silken hose to wink coquettishly
an she walked.
By leaving one side buttoned all the
time the garment may be wrapped
about the waist as one piece of cloth.
All that remains to do is to button up
the one side.
Result: The coiffure is not disar
ranged and the young man does not
have to miss the first act waiting for
“Snooky Ookums” to dress.
A vigorous plea to the jury for the conviction of Leo M.
Frank, accused of the murder of Mary Phagan, was begun Friday
morning by Frank A. Hooper, associated with Solicitor Dorsey in
the prosecution, and marked the opening of the final chapter in
the State’s greatest criminal trial.
Methodically and clearly Attorney Hooper took up the case
that had been made out against the prisoner and proceeded to
forge the links into a chain which he said proved guilt.
Frank never flinched under the attack. He looked unblink-
ingly at Hooper as the State’s attorney asked for his life. He was
as cool as ever—once again the stoic prisoner.
Before Thursday’s session began Frank had expressed him
self as entirely confident of the outcome.
“I am certain that I will be
acquitted and set right before
HOBBLE SKIRT CAUSES INJURY.
LENOX. MASS., Aug. 21.—Miss
Dorothy Sherman. of Brooklyn,
tripped in a narrow gown to-day and
her collarbone was fractured by the
fall.
the world,” he said. ‘‘It. has
been a terrible ordeal, but I
await the outcome with the ut
most confidence. ’ ’
“May it plea»p your honor and gen
tlemen of the jury,” began Mr. Hoop-
or, “the object of this trial, as of all
other cases, Is the ascertaining of
truth and the attainment of Justice.
I want to distinctly impress upon you
the correctness of our position. W-3
want it distinctly understood that w r e
are not seeking a verdict of guilty
unless this man is guilty.
“We want It distinctly understood
that the burden of proving him guilty
is on our shoulders. We recognize
that this has got to be done b yond a
reasonable doubt, and from the evi
dence. We cheerfully assume this
burden.
“There Is not one connected with
the prosecution who would see a hair
of the head of this man injured
wrongfully.
"We want him to have the rights
and protection of the law Just as any
other citizen. He is entitled to the
protection of the law Just as any other
citizen.
“But another thing: He is not en
titled to any more. He is not, on ac
count of his high position an<j wealthy
connections, entitled to any more than
any other defendant. The strong
arm of the law is strong enough to
reach to the highest places and do
Justice there.
“It is strong enough to rea'ch down
into the gutter and regulate the lives
of the lowliest. I am not going to
undertake to go over all the facts in
this case.
Believes Firmly
In Frank's Guilt.
“I congratulate you, gentlemen of
the Jury.' I have felt sympathy for
you. because you not only have
worked hard, but you have been de
prived of your liberty and the en
joyment of your homes. In one sense
of the word, you have been in Jail.
“There has never been a criminal
case in Georgia that has been so long.
There has been no trial so important
or the result of which will be so far-
reaching, and that only makes the re
sponsibility on you the greater.
"There is one other thing that I
want to say to you before I go into
the facts of the case. This man ought
not to be convicted simply because
someone has to be, but because of th>
law that demands an eye for an eye
and a life for a life. We thfnk the
evidence shoovs him to be guilty be
yond any reasonable doubt.
*In taking up this evidence I ain
considering you deeply, I am consider
lng the strain you have been upder.
I am thinking deeply; in fact. I am
trying to make myself as one of you
twelve men, and ifi attempting to
THE WEATHER.
Forecast for Atlanta and
Georgia—Fair Thursday and
Friday.
bring this to a conclusion I am striv
ing to get at the truth.
“Let’s see what the situation was
on Memorial Day. Saturday April 26.
Here is this great big pencil factory,
which was being run by a number of
men with this defendant in charge.
Let us consider the conditions that
existed there, and, gentlemen, i must
say that I am not proud of these con
ditions.
"But to get to the real facts of thb»
case, to come to a full realization of
Just how things occurred, we must
understand the conditions that existed
here absolutely before we can pro
ceed with this case. The character of
this plaec was one to make us think
deeply. The evidence which has been
laid before you here has been of the
kind to make one doubly serious. Take
the defendant. Between 25 and 40
girls have come before you and said
that his character was good.
Witnesses Incensed
By Factory Conditions.
“They spoke in the highest terms
of him. That must be considered.
But on this charge this Is negative
evidence. But also consider that we
have brought before you girl after
girl who told of hie character being
bad ; who told of the Immoral condi
tions that existed in this great pencil
factory, and, gentlemen of the jury,
most of these girls had quit -working
at that factory from two years te
three weeks before the time of this
trial.
“Every one of them said his charac
ter was bad. Did you notice the em
phasis with which they said it was
bad? And did you notice that they
would have told more if they could
have been allowed to? Did you notice’
how highly Incensed they felt toward
the immoral conditions which existed
at this factory?
Weary Lawyers
Welcome Close.
Four weary and exhausted lawyers
welcomed the close of the State’s and
defense’s cases in the trial of Leo
Frank Wednesday afternoon. The
strain had told markedly on all of
them. The one who showed the light
est effects of the long grill was Frank
A. Hooper, associated with Solicitor
Dorsey in the prosecution.
The reason of this was that he So
licitor had borne by far the heaviest
burden in the preparation of the case
and in the examination and cross-ex
amination. His associate w r as able to
take his work more easily and as
sumed a part in the active work only
at intervals.
The nerves of the others were un
mistakably on edge and they were
glad to hurry along the testimony to
ward the end of the trial so as to get
ready for the final bitter struggle
Thursday In the arguments for and
against Frank. The end came at 5:14
Wednesday night when the defense,
after conducting a brief sur-rebuttal,
announced "closed.”
Judge Roan said the arguments
would begin on Thursday morning at
9 o’clock. He had no disposition to
limit the time of the arguments, h*»
said, as so much evidence had been
introduced that he did not think the
attorneys should be bound It was
regarded as likely that Frank Hooper