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HIE ATLANTA GEORGIAN AND NEWS.
SOLICITOR MAKES STRONG SUMMING UP AGAINST ACCUSED
We Want Frank Convicted According to Law Only, Declares Hugh Dorsey
I
i BY DEFENSE ONLY, SMS
FINAL SPEECH
Continued from Page 1.
importarft affairs of life. It was not
as was said in the case of John way
back in the Thirty-third Georgia that
possibility of the accused not being
guilty was sufficient. It must be such
a doubt as a reasonable honest man
in an honest investigation would en
tertain as to the truth.
, “That authority is from the Forty-
seventh Georgia. It must not be a
doubt that might be conjured up; It
must not be such a doubt as one
might claim to acquit a friend. It
must not be a trivial doubt; a bare
possibility. It must riot be the doubt
of a crank or an oversensitive person
Doubt, He Says,
Must Be Reasonable.
“The reasonable doubt must be
based on practical, common sense.
There must not be acquittal every
time there is doubt. In that case
there would be acquittal in all cases.
As Chief Justice White stays, every
bit of evidence dependent on human
morals is subject to some doubt. This
doubt is incapable of precise defini
tion. But a comprehension of its
meaning follows directly the words.
Some say circumstantial evidence is
not as good as direct evidence. That
is not so. according to these authori
ties. It is a popular fallacy that has
no place in a courthouse. And I am
coming to Mr. Arnold’s Durant case
in a minute.
“If circumstantial evidence satis
fies the mind, it is as good as positive
evidence. The doctrine of reasonable
doubt, as shown by the defense, origi
nated back yonder at the time when
a man was not allowed counsel.
“As we progress with our impfoved
methods, that idea will be dropped al
together. The State has got all kinds
of burdens and difficulties to sur
mount. It never Was better Illus
trated than in this case.
“Don’t think this matter Is a subtle,
illusive something. When you get
your ideas as a man, you have got
them as a juror. You can get up any
kind of an excuse for turning loose a
man, but that must be outside of a
jury box. You can not turn a man
loose here on any light, fanciful con
jecture. That would violate your
oath, and I know you won't do that.
Upholds Evidence
f That Is Circumstantial.
"In the Ninety-second Georgia they
speak ot it thus: reasonable doubt
does not mean a vague conjectural
doubt; a doubt conjured up in the
minds of a Juror, but a decision on the
evidence in the case. It means a
doubt which would cause a Juror to
hesitate to proceed in his common,
everyday business walk of life.’
"It Is a moral certainty which you
are after, gentlemen. The certainty
brought to your mind by the facts in
the case. And now lete us pass from
the reasonable doubt proposition to
circumstantial evidence. There are
some people who say they will not
convict on circumstantial evidence.
Such talk as that Is the merest bosh.
They say they should not convict a
man unless it is absolutely known
that he committed a crime. But, gen
tlemen of the Jury, the authorities say
it is the best evidence. It Is sad to
say the Juries are reluctant to con
vict on circumstantial evidence.
"It is true that recently there have
been main failures to convict on cir
cumstantial evidence, but a man
should not be declared innocent by a
Jury on some trivial fancy. The evi
dence in the case should satisfy every
juror. You are to Judge by the com
mon sense evidence. Any other rule
will expose society to the ravages of
the most depraved mind—the most
atrocious crimes generally perpetrat
ed in a manner and time which pre
cludes positive evidence against the
person committing it.
Brings in Famous
Durant Case Again.
"To refuse to convict on circum
stantial evidence Is consistent with
every other hypothesis of the laws of
our land.
“Now, gentlemen, Mr. Arnold spoke
to you about that Durant case—that
celebrated case in San Francisco. He
said that case was the greatest crime
of the century. I don't know where
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Mr. Arnold got all the authority for
his statemen. On April 15, 1913, C. M.
Picket, District Attorney of the city
of San Francisco, wrote a letter ’’
Attorney Arnold interrupted the
Solicitor at this point, making the ob
jection that he could not permit the
Solicitor to read any letter.
Dorsey said. "It is not a letter I
want to read; it is a telegram I re
ceived yesterday.
‘1 telegraphed to San Francisco
yesterday,” said Dorsey; *T ask your
honor if I can not quote that in my
addres* to the Jury. I am permitted
to argue what is a matter of public
notoriety.”
“I do not object to my brother ar
guing what is a matter of public no
toriety,” said Arnold, “but I must ob
ject when he attempts to read some
thing from some letter a friend of his
In San Francisco has written him. I
want here and now to record my ob
jection to the Solicitor getting any
information from such a source.”
“Can't I state what I know about
the case,” demanded Dorsey. “I an
ticipated that some such claim as
this would be made, and that is why
I made thei nvestigatlon.”
Judge Roan allowed Dorsey to tell
what he knew about the case, but
would not permit him to read the let
ter or the telegram. Dorsey don-
tinued:
Mr. Arnold, in discussing the un
certainties of circumstantial evidence
said that Theodore Durant had been
hanged for the murder of Blanche
Lamont and Minnie Williams, and
that the real murderer had made a
death-bed confession.
Dorsey said, in contradicting this:
“My information is that nobody has
ever confessed to the murder of
Blanche and Minnie Williams. There
can be no doubt that this man Durant
was guilty. The body of one girl
was found In the belfry, and the oth
er in the basement. The forty-eighth
Pacific Reporter shows that the body
of one girl was stripped stark naked,
and was found in the belfry of the
Emmanuel church, San Francisco, af
ter she had been two weeks missing.
It shows that Durant who was a
medical srtudent as well as a minis
ter, had a character far better than
this man Frank. It shows that al
though he was convicted in 1895, he
did not go to the gallows until 1898.
It shows that his mother cremated
the remains. That's all poppycock
that Arnold has been talking about.
There never was a guiltier man than
Durant, and never a more courageous
jury.”
Letter Dated Before
The Phagan Slaying.
Attorney Arnold called attention to
thefact that the letter from this man
C. M. Pickett was dated April 15,
nearly two weeks b»fore the murder J
of Mary Phagan. He made this state-
ment to throw doubt on Dorsey's
statement that he had made the in
vestigation in anticipation of just
such a story as Arnold had told.
"There are lust murderers,” said Mr.
Dorsey. “There are people who are
in the heighth ofexultation when
choking a girl to death with their ^
hands or with a cord. This man
had stripped the body, strangulation
was the cause of death. At that
time Durant was a young man of 24
years of age, a student at the Cooper
Medical School, a member of the army
signal corps, an attendant of the Em-
manuel Baptist Church, assistant su
perintendent of the Sunday school
and librarian of the church.
“He was said to be religious: that,
of course, included charity. Among
his associates his character was re
garded as excellent. At his trial the
defense was an alibi—the last resort
to which the guilty man can come.
He declared he had seen Blanche I ,a -
mont on her way to school, but never
afterward. Th e contention of the
prosecution was that he murdered her
in the church. Both were attend
ants of the church, and members of
the Christian Endeavor Association.
Durant had keys to the side door of
the church, and was familiar with the
interior.
Likens Durant
Case to Frank’s.
"A woman saw the defendant walk
ing up and down in front of the
schoolhouse that afternoon as though
waiting for someone. She saw the
defendant board a street car with two
girls.”
Mr Dorsey was reading the com
plete story of this case and pointing
out from time to time analogies to
the Phagan case. He continued:
“George King, organist, went to the
church that afternoon and was play
ing. Durant came in to the Sunday
school where he yvas and stood look
ing at him. He was very pale; his
coat and his hat were off; there were
no scratches or blood stains on him;
the organist asked him what was the
trouble. He said he had been fixing
the gas, not making up a financial
sheet.
“He said he had to rest. Frank
called off a baseball engagemenL He
gave King 50 cents and asked for
bromo seltzer. Frank wanted cof
fee. He was nervous and had to sit
down to rest when they went away
from the church. Frank trembled on
Darley’s knee as they rode tex the po
lice station. You can always tell;
the signs betray. Later the mother
of Blanche Lamont received ap ack-
age through the mail, with rings the
girl had worn wrapped In a news
paper. On the paper were written
the names of George King, church
organist, and Professor Schernstein,
music teacher.
“A pawnbroker testified that a man
had offered him one of those rings
in pawn. The person offering the
ring for sale was the defendant. I
emphasize defendant to show how ac
curate Mr. Arnold was. Of course, he
is an honorable man; he wouldn’t
mislead you. I am just reading the
record.
“This defendant claimed to be at
a class lecture. I will show you how
the alibi has been worked in this
case.
“Durant went to his friends and
asked for notes on the lecture which
he wks supposed to have attended
that afternoon. He said that he had
forgotten to take any-notes, but with
his friends’ notes he could easily
bring his up. Why, even in jail
there, he could have fixed up his
notes. This summarization of the
evidence In the Durant case is not
exhaustive; if it were it would show
many more facts which fastened the
chain around Durant. But briefly,
Blanche Lamont and her friend were
at the church at 4:30.
Demands to Know
Motive for Conley.
“At 5 o’clock the defendant was
seen just outside of It in a wild
and excited condition. He explained
his condition by the accidental in
halation of gas. At 6 o’clock he left
there. Blanche Lamont was never
fieen again and two weeks later her
body was found in the belfry.
“Now, tell me, what motive could
Conley have had to have knocked
Mary Phagan down that scuttle hole.
Compare this with the motive of the
defendant.
DIE TO CITY TO
T
P
Actor, Arrested for Staring at
Women, Says He Was Looking
for His Sweetheart.
A wonderful tale of having come
to Atlanta to get married and for
getting the address of his bride was
told at police headquarters Friday by
Edward Hogan, an actor from New
Orleans, who was arrested at Five
Points by Detective Harper late
Thursday.
Harper arrested Hogan because, he
says, the actor was staring rudely
and offensively at women. Hogan in
sists he was looking for his sweet
heart, hoping to see her in the pass
ing throng.
“I came to Atlanta to marry MisS
Marie Byrd,” Hogan declared, "and
when I got here I could not remem
ber her address. I haven’t seen her
in some time, but I’d know her in a
minute. I was standing there wait
ing to see if she wouldn’t pass.”
Hogan insists also that he was lock
ed up five days ago instead of yes
terday.
The actor’s arrest was the climax
of a number of sensational incidents.
After he had stared at women passing
Five Points for more thin an hour,
citizens* who noticed him told Detec
tive Harper, and the officer watched
him. Hogan went into a soda foun
tain and asked the soda clerk for the
loan of a nickel. The clerk said he
didn’t have a nickel. Hogan gazed
at him sadly.
“Poor fellow,” he said. “If you
haven’t any money, I’ll give you
some! ”
He took 90 cents from his pocket
and threw it on the counter. Then
he began pulling greenbacks from his
pockets. He had placed several dol
lars on the counter when he was
arrested.
The police hs^e wired to Hogan’s
relatives and th* police in New Or
leans, and are awaiting an answer.
Directors of Failed
Bank Are Indicted
MERIDIAN, MISS., Aug. 22.—The
Grand Jury of Lauderdale County has
indicted all the directors of the de
funct Union Bank and Trust Com
pany, including some of the most
prominent men in the city.
The indictments are based on the
charge that the bank received depos
its while its officers knew or had rea
son to know that it was in an insol
vent condition. The bank has paid
about 60 per cent to depositors.
The officers were indicted at the
last term of court, but their trials
have not been heard yet.
WOMAN JUDGE IN NORWAY.
Special Cable to The Atlanta Georgian.
CHRISTIANIA, NORWAY, Aug.
22.—The first woman judge in this
nation wa« appointed yesterday. She
is Miss Ruth Sorenson, aged 36, and
a beauty.
InspectorE. R. Hays
Stricken at His Desk
City Building Inspector Edward R.
Hays was taken ill suddenly Friday
morning in his office in City Hall.
H e was unable to rise from his seat
at his desk. City Physician J. D. Hall
was called.
Dr. Hall diagnosed the trouble as
acute Indigestion. Mr. Hays was
taken to his home In an automobile.
California Asked to
Offer Reward for
Bramlett's Slayer
On the appeal of Miss Mary Hoop-
son Bramlett, No. 299 Edgewood ave
nue, Governor Slaton Friday asked
Governor Hiram Johnson, of Cali
fornia. to offer a reward for the cap
ture of the slayers of Miss Bram-
lett’s brother, D. Q. Bramlett, for
merly of Atlanta, who was robbed
and murdered on June 16 in his cafe
in San Francisco.
This reward, should the request be
granted, will be supplemental to a
reward of $200, already offered by
Miss Bramlett and now in the hands
of Police Chief Beavers.
At the request of Miss Bramlett,
Chief Beavers officially furnished
Governor Slaton with the facts of the
crime.
Scotch Organist Is
Here to Play Sunday
E. Seton Blyth, the noted organist
of Edinburgh, Scotland, arrived in At
lanta Friday morning, on the invita
tion of Colonel W. L. Peel and the
Music Festival Association, and will
be the soloist at the free concert at
the Auditorium-Armory Sunday aft
ernoon. His program will consist
principally of music never heard on
the organ in Atlanta.
Mr. Blyth did organ and choir work
at Westminster Abbey, London, un
der Dr. Frank E. Sawyer, and has
played in nearly all the large cathe
drals in England and Scotland. He
came to America in 1911, and since
that time has been organist and choir
master at the Church of the Holy
Comforter in Burlington, N. C.
Monarchists to Buy
Manuel Wedding Gift
Special Oable to The American.
LISBON, Aug. 22.-*—A monarchist
demonstration was held here to-da/
to celebrate the coming wedding of
ex-King Manuel of Portugal.
The monarchists are raising a large
fund with which to purchase a wed
ding gift.
SACRED HARP SINGING.
BARNESVILLE.—There will be a
big Sacred Harp singing in the au
ditorium of Gordon Institute Sunday.
Professor T. B. Newton, J. S. James
and other leaders will be present.
McDermott Again Is
Accused by Mulhall
WASHINGTON, Aug. 22.—Reite
rating his charge that Representative
McDermott, of Illinois, had “tipped
him off” on numerous occasions re
garding the prospects for pro-labor
legislation which the National Asso
ciation of Manufacturers desired to
fight, Colonel Mulhall, former lobbyist
for the association, again took the
stand before the House Lobby Inves
tigating Committee to-day.
Mulhall said that he remembered
that In 1910 McDermott had sent him
word to be on the lookout for an
eight-hour law amendment to the
sundry civil bill.
Money Clerk Admits
Theft in Waycross
SAVANNAH, Aug. 22—B. E. Lakin,
former night money clerk in the
Southern Express Company office at
Waycross, has admitted that he stole
a package of money from the express
company. He is accused of taking
$340. but he says he was drinking and
does not know how much he took.
LakirK is in the police station,
charged with hiring an automobile
and failing to pay $12.50. While he
was held here on the minor charge
his books at Waycross were being
investigated. The Sheriff at Way-
cross has been notified of Dakin’s ar
rest.
LEADS HEDGED
CAEFACDOSS
New York Man, Now in Atlanta,
Threatens to Publish a Book
About Tour With Freak.
With a six-legged, four-shouldered
Holstein calf following him'at the end
of a stout rope, E. J. Seymour, 57
years old, of New York, arrived in
Atlanta Friday morning, on a walk
ing tour across the continent from
Florida to San Francisco. He ex
pects to make the trip by easy stages,
arriving in the California metropolis
in time for the opening of the Pana
ma Exposition.
Seymour says he left Fernandina,
on the Florida coast, April 1. At
the outset of his trip he intended only
to walk to Atlanta, but having gotten
safely this far. and his calf having
developed pedestrian proclivities, he
has decided to take the freak animal
on to the exposition and exhibit him.
“I am not trying to make a record
for the trip across the continent.” Sey
mour said to-day. “I stop at all the
small towns and villages and exhibit
the calf. I make expenses and some
times a little more. I ship my tent
and other baggage ahead of me by
rail,' and the calf and I hike it to the
next stop. So far as I know I am
the first man who has ever attempted
to lead an animal across the United
States."
Seymour's calf is one of the strang
est freaks that ever got away from
old P T. Barnum. Besides its six
legs and four shoulders, it has two
backbones and is as strong and vig
orous as three ordinary yearling
calves. The animal weighs 425
pounds, and is getting heavier every
day.
Seymour expects to stay in At
lanta about a week, and will exhibit
his calf while here. He expects then
to go to Chattanooga, following th6
line of a railroad. From there he will
go to Memphis, Kansas City and on
to the West.
Seymour says he is writing a book,
“Touring With a Six-Legged Calf,"
which he will publish shortly after he
reaches the Pacific Coast.
Trophy Rifle Match
At Savannah Off
SAVANNAH. Aug. 22.—Because
two of the military organizations
eligible to the contest have found that
they will be unable to enter a rifle
team the Derenne trophy rifle match
which was to have been held on La
bor Day will not take place.
The First Regiment was the only
eligible contestant ready for the
match, and as it would be awarded
the trophies by forfeit under the cir
cumstances it, too, will withdraw and
allow the Guards, now holding the
trophies, to hold them for another
yea*
Police Arrange for
Elopers to Marry
MOBILE, Aug. 22.—Through the
persistent efforts of Chief of Police
F. W. Crenshaw, Augustus F. Lee,
aged 34, an attorney, who practiced
at Gainesville, Ga., and who says he
is well khown in Atlanta, married
20-year-old Sadie Dove Smith, of
Milton, Fla, with whom he eloped on
Thursday from Pensacola.
When the girl’s absence from home
was discovered, it was learned she
met Lee at Pensacola and was coming
to Mobile. Detectives met the couple
at the depot and took them to the
police station. Later the consent of
the girl's mother to the marriage was
obtained.
Lee said they would live In At
lanta.
Killed as He Kisses
His Baby Good-bye
CHATTANOOGA, Aug. 22-—A^ W.
Boyd, Jr., was killed here to-day
when, in stooping over to kiss his
baby before leaving for his office, a
pistol which he was carrying in a
holster under his arm, fell to the floor
and was discharged, sending a ball
through his heart.
50 MINERS KILLED.
Special Cable to The Atlanta Georgian.
BANGALORE, INDIA. Aug. 22.—
Fifty miners in the Mysore gold mine
were killed to-day when the cage in
which they were riding fell to the
bottom of the shaft.
DR. SMITH RUMBLE DEAD.
BARNESVILLE—Dr. Smith Rum
ble, one of the leading physicians of
this section, is dead here after a long
illness. He was about 50 years old.
He is survived by his wife and sev
eral children.
Besotted Cat Leaps
In Creek for Liquor
SOUTH NORWALK. CONN., Aug.
22.—Immersion is what has made a
whisky drunkard out of a heretofore
perfectly respectable and temperate
kitten. Some time ago kitty, owned
by Oscar Mueller, tumbled into
creek. She was rescued in a half-
drowned condition and given a few
spoonsful of whisky to assist in re
viving her.
The kitten liked the taste and ef
fect of the liquor so much that now
unless given a proper portion of liq
uor she rushes to the creek and forces
her owner to rescue her and adminis
ter the liquor.
Eckman’s Alteeative
Cole Younger, Once
Bandit, Joins Church
LEES SUMMIT. MO., Aug. 22.—
Cole Younger, once notorious as
bandit, to-day declared he was
through with the life of a robber for
ever.
He displayed & certificate of mem
bership in the Christian Church,
which he obtained when he took the
pledge of loyalty at a revival meeting
here last night.
■Rrkman'B Alterative Is being used with suc
cess in the treatment of Tuberculosis In all
parts of the country. Persons who have taken
; It. Improved, gained weight, exhausting night
i sweats stopped, fever diminished, and many re-
| covered. If you are interested to know more
about It. we will put you In touch with some
who are now well. You can Investigate and
Judge for yourself. Read of Mrs. Covert's re
covery :
Griffith, Ind
''Gentlemen: About September 10. 1908, my
mother-in-law was taken sick with Catarrhal
Pneumonia, which developed Into Lung Trouble
In January, when Rev. Wm: Berg, of St. Mi
chael's Church, at Schererville, Ind., prepared
, for her death, he recommended that I get Eck
man’s Alterative, and see if it would not give
her some relief. The attending physician de
clared she had Consumption snd wss beyond all
medical aid. So ^ Immediately had Rev. Wm.
Rerg to send for a bottle. Practically without
; hope for recovery. I insisted that she try the
AIterative, which she did. I am glad to say
I that she soon l>egan to Improve. Now, she
) works as hard as ever, weighs twenty pounds
) heavier than she ever did before she took sick,
/and is in good health.’*
(Affidavit) JOS. GRIMMER.
(Above abbreviated: more on request.)
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rariftA ■B7r| —.with spongy fwt I
J. IlC r IV germs of disease
mmmmJk OUT f OOd and polfl
.with spongy feet collects the Invisible
spreads them over
poisons us with typhoid.
The Mosquito with Its bill Injects Into
-* our veins MALARIA.
W E ARE nil exposed to such dangers—our only armor is good red
blood 1 Let your stomach be of good digestion, your liver active
snd your longs full of good pore air and you don’t surrender to any of the disease-
beering germ,. The beet known tonic and alterative, that correct, a torpid liver,
and helps digeatiea so that good blood is manufactured and the system nourished, is
p,frees Golden Medical Discovery
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Pierce’s Golden Medical Diacorery tablet* of your druggist at $1.00, also in 60c size
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/Ifi/jofion o T ifo are fully and properly answered In the People’s Medical Ad-
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cent stamps to prepay cost of wrapping and postage.
JURY LIST REVISED.
COLUMBUS.—The Jury Commis
sioners of Muscogee County have
completed the work of revising the
Jury list and have added several hun
dred names. There are now 1,500
names in the petit Juror box and 345
in the grand jury box.
Final August Clean-Up
O f M en s an d B oys Summer w ear
We still have a splendid assortment left for you in all lines—and no doubt the very Suit, Hat, Shoes
or Furnishing Goods which you are in need of are waiting for your visit to-morrow—come see any way.
MEN’S SUITS
$18.00 values $13.50
$20.00 values $15.00
$25.00 values $18.75
$30.00 values $22.50
$35.00 values $26.25
$40.00 values $30.00
MEN’S SHOES
$6.00 values $4.75
$5.00 values $3.85
$4.00 values $3.10
$3.50 values $2.90
All Boys’ Low Shoes Reduced.
MEN’S SHIRTS
$1.00 values $ .75
$1.50 values $1.16
$2.00 values $1.40
$2.50 values $1.90
$3.00 values $2.25
$5.00 values .. .. $3.75
ALL STRAW HATS
For Man or Boy
HALF PRICE
Men’s Neckwear and Belts Reduced
for Quick Selling.
MEN’S UNDERWEAR
$ .50 values $ .40
$ .75 values $ .60
$1.00 values $ .75
$1.50 values .. $1.15
$2.00 values $1.60
$2.50 values $1.90
BOYS’ WOOL SUITS
$5.00 to $15 values now $$3.75 to $11.25
BOYS’ WASH SUITS
$1.00 to $5.00 values now 75c to $3.50
Parks=Chambers=Hardwick
37-39 Peachtree
Company
Atlanta, GeorgiB
CHAMBERLIN-JOHNSON-DuBOSE COMPANY
ATLANTA NEW YORK PARIS
The Store Is Open on Saturdays Until 1 P. M.
The Half-Day in the Junior
Department---™ooR---Brings Tidy Savings
There are neat little sums to be saved by timing pur
chases in the J unior Department to Saturday morning.
Boys’ $1.00 and $1.25 Wash
Suits Are 79c
Sizes two to six years. The mate
rials are ginghams, percales,
chambravs in checks, stripes and
plain colors and white linen, and
they are trimmed about the low
necks and short sleeves with braids
and bands that will wash without
fading. Thrifty mothers will buy
now and for next spring, too.
Girls’ Dainty White Prin
cess Slips Are Reduced
Sizes fourteen, sixteen and eight
een years. They are cambric, lawns
and nainsooks, yokes and ruffles
trimmed with Valenciennes and
linen laces and particularly neat
Swiss embroideries run with wash
able ribbon. Formerly $1.29, now
98c; formerly $1.98, now $1.25; for
merly $2.25, now $1.50.
Seven Baby Bassinettes,
on stands of sturdy French
willow,are marked for to
morrow ’s selling at $3. 75.
They were until now $7.
Four Wicker Clothes Ham
pers, the' large,roomy size,
strong, closely woven, are
marked at $2.95 instead
of $4.50. Hurry for these.
Agents for Butterick Patterns and Publications
Chamberlin=Johnson=DuBose Company