Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 21, 1913, Image 1

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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 +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ - +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ 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