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The SUNDA Y
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The Atlanta Georgian.
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VOL. xn. NO. 10.
ATLANTA, GA„ MONDAY, AUGUST 25, 1913.
Copyright 1906,
By The Georgian Co.
2 CENTS. p m a J r S°
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EXTRA
FRANK CASE GOES TO JURY
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JUDGE OVERRULES MOTION FOR NEW TRIAL
Atlanta Gets $800,000 of United
States Deposits—Asked for
Larger Amount.
WASHINGTON, Aug. 25 —Georgia
has been allotted $1,700,000 of the
$50,000,000 which Secretary McAdoo
will deposit in the banks of the South I
and West to assist in moving the
crops.
Atlanta national banks will receive
$S00,000 deposits. The remaining
$900,000 will be divided among Savan-
rah banks and those of other cities,
probably Including Macon.
Kive Atlanta banks are eligible to
receive these deposits under the rule
laid down by the Secretary that any
bank so favored must have a circula
tion equal to 40 per cent of its capital
stock.
It is expected that the money will
be deposited within the next few days.
It will be withdrawn gradually, one-
quarter at a time, over a period ex
tending through February, 1014, so as
not to create any disturbance of
credits.
These funds are not loans in any
sense of the word. They are depos
its. The only difference between
them and the deposits of any pri
vate concern is that the banks are
required to give collateral of 10 per
cent in Government bonds and 90 per
cent in commercial paper at 65 per
cent valuation, or municipal or State
bonds at 75 per cent valuation. The
banks must pay 2 per cent interest.
Wine List Features
Dinner Given Bryan
WASHINGTON, Aug. 25.—Secre
tary Bryan's grapejuice went by the
board by a flood of intoxicating li
quors served at a dinner in his honor
by Dr. Francisco J. Peynade, the Do
mini’an Minister to the United
States, at the University club.
According to the University chefs,
the drinks included champagne,
cocktails, claret, imported beer, cor
dials of all colors of the rainbow and
grapejuice, which bore an Inconspic
uous place at the end of the wine
list.
Alcohol Baths for
Roche Dance Guests
NEWPORT, Aug. 25.—A dance giv
en by Francis Roche at the Golf Club
ended at 5 in the morning. Then the
guests adjourned to Berger's and had
breakfast of scrambled eggs, coffee
and rolls.
Maids and valets sent their charges
into retirement before 6 with alcohol
baths, awakening them four hours
later for another alcohol bath. They
arrived at the tennis tournament
looking as though they had slept all
night.
Flyer Resumes Race
After Fall Into Sea
SCcial c,ble t0 ThB Atl,nt * Georgian.
YARMOUTH, ENGLAND, Aug. 26.
The hydro-aeroplane race around
Great Britain, which was started ten
davs ago but was interrupted by the
illness of the aviator and breaks to
,he machine, was resumed to-day by
j-j G. Hawker.
Hawker reached Yarmouth at 10:30
o'clock from the outskirts, where his
machine has lain since it fell into the
sea. ——
Takes Rescuer’s Life
Because He Saved
Him From Drowning
TAYLORSPORT. KY„ Aug. 25.—
Lewis Phillips fell into the Ohio Riv
er. He was unable to swim. Wil
liam Zurelbry, at the risk of his own
life, plunged into the water and res
cued Phillips. Two hours later Phil
lips appeared at Zurelbry's home,
armed with a shotgun.
“Are you the man who saved my
life?" he demanded.
“Yes." replied his rescuer.
Phillips lifted the shotgun to hi«?
shoulder, and without a word shot
Zurelbry dead. He escaped. A posse
started in pursuit.
Dr. Broughton, With
Black Eye, Explains
He Got It at Tennis
NEW YORK, Aug. 25.—"I wish to
inform the congregation that I got it
playing tennis—not the other way,"
said Dr. Len G. Broughton, of Eng
land, formerly of Atlanta, when he
entered the pulpit of the Madison
Avenue Reformed Church, wearing a
beautiful black eye.
Little Miss Dixon in
‘Richest Baby' Race
NEWPORT, Aug. 26.—The arrival
of a daughter last week in the home
of Mr. and Mrs. Fitz Eugene Dixon
has started society speculating as to
who is the richest baby.
Alfred Gwynne Vanderbilt, Jr., heir
to about fifty millions, and William
Henry Vanderbilt, the son of Mrs.
Elsie French Vanderbilt, have been
contenders for first honors, but now
little Miss Dixon theatens to outclass
them.
Mrs. Dixon is a granddaughter of
P. A. B. Widener, the traction mag
nate; so Baby Dixon has many mil
lions in prospect.
$3 Pig Tries to Eat
Dynamite; $500 Loss
ASHEVILLE, Aug. 25.—Jerry Mober-
ly, of Iredell County, left a box of dy
namite near a barn door, under cover
from the weather. An Inquisitive pig
tried to eat one stick that contained a
percussion cap. It set off the box of
dynamite. The pig was blown to atoms,
the big barn was wrecked, two cows
were killed, one horse was crippled so
badly that it was necessary to kill it,
and Parsons Colley, a farm hand, who
was tossing hay into the barn loft, was
bruised and shocked.
Farmer Moberly figures his loss,
through the inquisitive $3 mountain ra-
zorback porker, at something more than
$500. He had no insurance.
Girl Hit by Stray
Bullet Is Improving
Miss Frances Brown, daughter of Rob
ert H. Brown, of Atlanta, who was hit
at Cedartown, Ga„ Saturday morning
by a stray bullet from the pistol of J.
1’. Sanders, engaged in a duel with
i John Rogers, of that place, at the Sea
board station, was Improved Monday.
The bullet was removed Sunday night.
Grady Hospital physicians said that un
less complications set in she should be
able to lea,ve the hospital within a week
or ten days.
Woman Unable to
Swim the Channel
Special liable to The Atlanta Georgian.
xAiVER, ENGLAND, Aug. 25.—An
unsuccessful attempt to swim the
English Channel was made by Miss
Lilly Smith, champion woman swim
mer of England.
She started from South Foreland,
Kentshire, but gave out after making
five miles and had to be taken on
board a boat which was following
her.
T.R. Unable to Help
Moosers Celebrate
CHICAGO, Aug. 25.—Colonel The
odore Roosevelt stopped in Chicago
for a short time to-day on his way
home from his outing in Arizona.
He was here Tong enough between
trains to confer with several local
Progressive leaders. He expressed
regret that he could not attend tho
Progressive picnic here next Satur
day, but agreed to wrtte a message
ILo ba read then.
FATAL RAIL
One Dead, Scores in Peril in Un
explained Wreck on Georgia
Road—Atlantan Hurt.
The exact cause of the wreck on the
Georgia Railroad near Decatur early
Sunday morning in which one negro
was killed, two white women were
seriously injured and a score or more
passengers were shaken up, was still
a mystery Monday. Officials of the
road say the two trains, northbound
freight No- 19 and passenger train
No. 3 were under orders to run ten
minutes apart.
According to reports at St. Joseph ;
Hospital Monday morning, Mrs.
George Mathieson, of Peachtree Road,
Atlanta, and Mrs. R. T. Crease, of
Charlotte. N. C„ who were seriously
injured, are resting well and will re
cover. Mrs. Cress© is a daughter-in-
law of Coleman E. Cresse, of 103
Piedmont avenue.
The dead negro is Max Smith, of
Lithonla. Smith’s death is perplex
ing to the authorities, as be war a
passenger in the first coach of the
train and was the only one injured in
this car.
The wreck occurred just as the
passenger train was pulling out of
Alta Loma, where the regular stop
had been made. The cars had scarce
ly gone a hundred yards when the
through freight swept around the
curve just beyond the station and
smashed into the rear end of the
Pullman car.
The Impact of the freight train,
twenty heavily loaded cars, resulted
In the demolition of the Pullman, the
engine plowing itself in under the
roof of the car.
Mrs. Mathieson and Mrs. Cresse
were the only ones found with seri
ous injuries. A relief train brought
the injured passengers to Atlanta,
where they were rushed to St.
Joseph’s Hospital.
Engineer Joe Guinn, of the freight
train, claims, it is said, that his watch
was ten minXites ahead of time and
that he was under the impression that
he had a clear track to Decatur.
Dr. George Y. Pierce,
Ex-Alderman, Dies
Dr. George Y. Pierce, for twenty
yearfe one of Atlanta’s leading medi
cal practitioners, died at his resi
dence at 8:40 o’clock Monday morn
ing, after a brief illnes. He was 50
years old, and was born and reared
in Fulton County.
He is survived by his wife, Luna M.
Pierce, and two sons, George Theo
dore Pierce and Wilbur Y. Pierce.
Dr. Pierce was active in local poli
tics. He served several terms as
alderman for the Fifth Ward, and
w’as a member of the Board of Edu
cation. He was a steward of St.
James’ Methodist Church.
Funeral arrangements will be an
nounced later.
Evelyn Thaw Pens
‘Story of Her Life’
LONDON, Aug. 25.—According to
announcement here. John Lane, the
publisher, has in preparation a bi
ography entitled “The Story of My
Life," by Evelyn Thaw’.
The announcement says:
“In her book she declares hers«lf
to the world and now’ for the first
time gives the public her full story,
her career on the stage, her associa
tion with Stanford White, her im
pressions in the sensational trial,
w’hen she faced the shrewdest law
yers in America."
THE WEATHER.
Forecast for Atlanta and
Georgia—Fair in northern,
showers in southern portion.
MRS, FRANK ARRIVING
AT THE COURTHOUSE
I
Instructs Lawyers to Have Special I
Guard—Expects To Be Back in
United States This Week.
The wife of
the defendant
in the Phagan
case has not
missed a
session of the
trial of her
husband,
SHERBROOKE. QUE.. Aug. 25.—
“Harry K. Thaw will be back upon
United States soil before the week Is
out."
This declaration was made here I
to-day by E. Blake Robinson, Assist
ant Superintendent of Immigration in
Canada, who is in charge of the im
migration activities in the Thaw case.
Lawyers on both sides agreed this
week likely would see an end of Ca
nadian participation in Thaw’s fight
against going back to Matteawan.
Thaw told reporters he had in
structed his eight lawyers to hire spe
cial guards for him while he is out
side the jail and court house.
“It has come to my ears that the
New York authorities will try to kid
nap m 0 if I am released on habeas
corpus proceedings, as I fully expect
to be,” said Thaw. “I understand
they will try to seize me by force and
carry me into New York.
Says Kidnaping Is Planned.
“Whether the attempt will be made
In Sherbrooke or whether the kid
napers. will wait until we are on
United States soil is a question, but
they would hardly affront the immi
gration authorities by seizing me if I
am in the hands of Dominion Govern
ment representatives."
Thaw decided to fight his habeas
corpus proceedings to a finish after
his lawyers had put the question of
dropping them up to their client.
New York State representatives
are making elaborate precautions to
combat any attempt by Thaw’s
friends to carry him off.
It is expected Thaw will be released
Wednesday morning by Judge Glo-
bensky in the Superior Court. He
will he arrested by the immigration
authorities and taken to Coaticook,
the nearest post of entry to the point
where Thaw entered Canada, where
a court of inquiry will be held.
Thaw undoubtedly will ba deported
into the little Vermont village of Nor
ton Mills, which immediately will be
come the scene ox a big legal fight.
Thaw Glvt6 Interviews.
William A. Blakely, former District
Attorney of Allegheny County, Penn
sylvania, who arrived here with for
mer Governor William Stone, of
Pennsylvania, to help Thaw in his
fight, counseled the fugitive not to
talk any more to the newspapers. In
stead of complying Thaw started to
write interviews and specific articles
for American and Canadian newspa
pers.
J. N Greenshield, one of the leaders
among Thaw’s counsel, returned to
day from Montreal. District Attorney
E. A. Conger, of Dutchess County,
New York, admitted that John Mack,
a former District Attorney for the
same county, has been in Vermont
several days preparing to resist
Thaw’s efforts there.
Thaw’s appeal l’rom the decision of
the Immigration Court of Inquiry
(which will be against him), must be
in the hands of Acting Minister of
Justice Doherty within 48 hours after
a verdict is reached. According to
the Dominion law the Ministry of
Justice must affirm or overrule the
verdict of the court of Inquiry with
out unreasonable delay. It usually
takes the Minister about 48 hours to
act.
King Victor,Hunting,
Barely Escapes Death
Special Cable to The Atlanta Georgian. j
ROME, Aug. 26.—King Victor nar- I
rowly escaped death while hunting •
chamois on the Piedmont Mountains, j
near Cuneo. A fall of rock killed on**
and mortally injured another of his
hunters.
The King now is so nervous that
he has abandoned hunting for this
year,
Waiter Returns 10c
Tip to John D., Jr,
BOSTON. Aug. 25.—The waiter at
the Copley-Plaza who got ^ 10-ceat
tip from John D. Rockefeller, Jr., son
of the Standard OH magnate, re
turned the dime to young Rockefeller
by mail, it learned to-day.
“I didn’t need it, and perhaps John
ny Junior will before he gets back
home,” said the recipient. “Might
strain his dad’s bank account."
Secretary Cooper Is
Nov/ ‘Doing’ Germany
Secretary of the Atlanta Ohambei
of Commerce Walter G. Cooper, now-
touring Europe, has sent a cablegram
from Bremen, Germany, to his mother
in Atlanta, stating that he was in fine
health and would make a journey
American Dances
Stir London Church
Special Cable to The Atlanta Georgian.
LONDON, Aug. 25.—British new,
papers to-day devoted much space
the sermon of (’anon Newbolt In h
i Paul’s Cathedral yesterday afternot
: when he bitterly attacked such dune
j as tho turkey trot and the tango,
part he said:
“Would indecent dances, suggest!’
of evil and destructive of morals, di
; grace our civilization If profess*
Christians were to say, ‘I will n
I allow mv daughter to turn into S;
lome even if Herod were to give n
half his kingdom and admit me
a high and much coveted society th
has managed to persuade itself th
immorality is artistic?’ This is i
age which mocks at marriage and i
sists upon sex topics for boys ai
girls." — _
At 12:45 Judge Roan finished his charge to the jury
and the fate of Leo M F.rank, accused of the murder of
Mary Phagan, was put in the hands of the twelve men
who have been listening to testimony for and against
him for four weeks.
Judge Roan overruled the motion for a new trial.
Reuben R. Arnold at the conclusion of Solicitor Dor
sey’s argument at 12 o’clock, arose and made a motion
for a mistrial. Ataorney Arnold based his motion on the
applause which at different times during the proceed
ings has broken the order of the courtroom.
“Your honor, at the beginning of this trial,’’ said Arnold,
i counsel for the defense, requested that the courtroom be cleared of
j spectators. I am going to make a motion for a new trial and we
are prepared to prove each of the instances upon which we base
our request, unless your Honor is willing to admit that they are
true.
“First, when the court refused to rule out the evidence of
Frank’s relations with other women as given by Jim Conley that
there was applause in the courtroom.
“Second, on Friday, August 22, when the trial was on, and
had just recessed for lunch, and when the jury was within 200 feet
of the courthouse, and just as the Solicitor General was leaving the
courthouse, the crowd gathered around and in plain hearing of the
jury yelled: ‘Hurrah for Dorsey.’
‘ ‘ Third: That on Saturday, August 23, while the trial was still
in process, and had just adjourned, that a large crowd gathered in
front of the courthouse and as the Solicitor General left the court-
\ house, yelled: “Hurrah for Dorsey.’’ The jury at this time was in
; a cafe at lunch within 100 feet and was in plain hearing of the
noise, and that the crowd moved up in front of the cafe and again
yelled: “Hurrah for Dorsey,” all within plain hearing of the jury.
Fourth: On August 25, while the jury was in a room within 20
feet of the courtroom, that as the Solicitor General entered the*
courtroom, the crowd in the courtroom arose and applauded him,
and that your Honor admonished the crowd that if it happened
again he would clear the courtroom.
“And that all of this applause has tended to coerce and un
duly in influence the jury. The conduct was most disgraceful and
the defendant has not been given a fair show at any time during
the trial, from the start to the finish.
‘ ‘ I never saw a trial where there were so many manifestations
of feeling. They have a natural tendency to intimidate and in
fluence the jury.
“I make the motion for the new trial and I stand ready to*
prove what I have said.”
The jury was out while the arguments on the mistrial were be
ing made.
Dorsey arose with a strenuous objection.
“I take issue with the defense,” almost shouted the Solicitor.
“I never heard any such thing as Mr. Arnold speaks of. I think it
would be the most ridiculous thing in the world to entertain the
motion. I don’t know whether all that Mr. Arnold has said is true
or not, but I want your Honor to overrule the motion because it
v/ouldn’t amount to anything if it were true.”
Arnold interrupted Dorsey.
“Didn’t you hear the applause this morning, your Honor,”
said Arnold, addressing Judge Roan. “Didn’t you hear the cheer
ing last Friday and Saturday? Didn’t you hear them yell ‘ Hurrah
for Dorsey?’ ”
Judge Roan admitted that he had heard cheering, but denied
that the exclamation: 'Hurrah for Dorsey,’ had reached his ears.
Solicitor Dorsey finished his speech at twelve
o’clock and Judge Roan prepared to charge the jury. A
brief recess was taken. ;» —