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VOL. XTT. NO. 19. ATLANTA, GA., MONDAY, AUGUST 25, 1913. 2 CENTS. p * A ,T R r
JURY VOTING ON FRANK’S CASE
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Solicitor Dorsey and Judge Roan Finish Speeches
Takes Rescuer’s Life
Because He Saved
Him From Drowning
TAYLORSPORT. KY., Aug. 25.—
Lewis Phillip? 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. I
armed with a shotgun.
“Are you the man who saved my
life?” he demanded.
“Yes,” replied his rescuer.
Phillips lifted the shotgun to his
shoulder, and without a word shot
Zurelbry dead. He escaped. A posse
started in pursuit.
HOLD SPEED PLOT STORY
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
•ind West to assist in moving the
reps.
Atlanta national banks will receive
$800,000 deposits. The remaining
$300,000 will be divideu among Savan
nah banks and those of other cities,
probably including Macon.
Six 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It will be withdrawn gradually, one-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, 1914, 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
rent in Government bonds and 90 per
cent in commercial paper at 65 per
rent valuation, or municipal or State
bonds at 75 per cent valuation. The
banks must pay 2 per cent interest.
Banks Here Regret
Amount Is Pared.
Disappointment is expressed by At
lanta bankers that Secretary Mc
Adoo has seen fit to reduce the Atlan
ta appropriation from $1,000,000 to
$800,000. The Clearing House Asso
ciation had been advised of that fact,
however, on Friday, three days before
Monday's public announcement.
The committee necessary to pass
on the local commercial paper offered
as collateral for the deposits has
been appointed and consists of C. E.
Currier, president of the Atlanta Na
tional Bank, chairman; T.: D. Mead-
V ice president of the Lowry Na
tional Bank; W. L. Peel, president
of the American National Bank;
Frank Hawkins, president of the
Third National Bank, and Charles 1.
Ryan, cashier of the Fourth National
•Bank.
All six of the Atlanta national
banks now are eligible to receive an
allottment of this $800,000. the one
large bank which had a circulation of
less than 40 per cent of its capital
stock having recently increased its
outstanding bank notes to the re
quired amount.
Tlie division probably will be ac
cording to the capital stock. The
Atlanta, Lowry and Third have $1,-
000,000 capital each; the Fourth and
.American have $600,000 capital each,
and the Fulton has $500,000.
None of the local banks, it Is nuder-
siood, has as yet purchased the nec
essary Government bonds to secure
the deposits. Some had intended to
borrow these bonds, but now believe
this wilt be discountenanced by
Washington.
Bankers were reluctant to be quot
ed In general, they regard the sum
involved as trivial compared to the
trouble involved in getting it, but
they do think the precedent of in-
estUnable value.
HORSE-SWAPPING CONVENTION.
GAINESVILLE—One of the old-
fashioned kind of horse-swapping
conventions is to be held in Hail
County August 27 and 28 at Absalom.
Charles Hope, of Gainesville, is pres-
.l^nt. and J. J. Gower vice president
of the association.
Dr. Broughton, With
Black Eye, Explains
He Got It at Tennis
>(EW YORK, Aug. 25.—“I wish to
inform the congregation that I got it
playing tennis—not the other way,”
said Dr. Len G. Rroughton. 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. 25.—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 G Wynne 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.--.Terry 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 Moberiy 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.
P. Handers, engaged in a duel with
John Rogers, of that place, at the Sea
board siation, was improved Monday
The bullet was removed Sunday night.
Grady Hospital physicians said that un-
j less complications set in she should be
j able to leave the hospital within a week
or ten days.
.Woman Unable to
Swim the Channel
j Special Cable to The Atlanta Georgian.
I DOVER, ENGLAND, Aug. 25.—An
i unsuccessful attempt to swim the
English Channel was made by Miss
Lilly Smith, champion woman swim
mer of England.
She started from South Foreland,
Iventshire, 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 long enough between
trains to confer with several local
Progressive leaders. He expressed
regret that he fould not attend the
Progressive picnic here next Satur
day. but agreed to write a message
to be read then.
Searching Probe Into Charges;Canada Investigates Report Fugi-
Against Georgia Judge Decided
Upon by Judiciary Body.
WASHINGTON, An*. 25.—A
searching investigation of the
charges against Federal Judge Em
ery Speer, of Georgia, was decided
on to-day by the House Judiciary
Committee, and Chairman Clayton,
of that committee, to-morrow will
offer a resolution asking that the in
vestigation start at once.
Upon the result of the investigation
will depend whether articles of im
peachment are to be offered against
the judge.
The resolution to be offered by
Clayton to-morrow will provide that
the committee may hold public hear
ings, subpena witnesses and perform
all the other functions of an investi
gating committee.
Act on Report on Conduct.
Judge Speer will be allowed repre
sentation by counsel and he also will
be allowed to offer witnesses and tes
timony in opposition to the charges
that have neen made against him.
The Judiciary Committee reached a
conclusion to-day after a full peroaal
of the report of the Department of
Justice relative to Judge Speer’s offi
cial conduct. The charges are said
to include favoritism and autocratic
methods of court, dissipation of es
tates and general abuses. The report
also is said to have commented un
favorably upon Judge Speer’s per
sonal conduct.
It was stated by members of the
committee that there was no signifi
cance in the fact that Judge Speer
will not be formally impeached—that
is, a declaration of impeachment on
the floor of the House, which has
been customary in a number of other
impeachment cases.
Probe Follow Huff Charge.
The investigation of the official
conduct of Judge Speer is the result
primarily of the controversy between
the judge and Colonel William A.
Huff, of Macon, over bankruptcy
proceedings started more than ten
years ago.
Golonel Huff, in an open letter, se
verely arraigned the actions of Judge
Speer, for which a contempt case was
ordered by the judge. This brought
a complaint to the Department of
Justice In Washington, and investi
gators from that Department were
sent to each city in which Judge
Speer holds court, and the records
examined and affidavits secured.
The complaint and report of in
vestigators resulted in the action of
the committee to-day.
Evelyn Thaw Pens
‘Story of Her Life’
bi-
My
LONDON. Aug. 25.—According to
announcement here. John Lane, th* 1
publisher, has in preparation a
opraphy entitled “The Story of
Life,’’ by Evelyn Thaw.
The announcement says:
“In her book she declares herself
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,
when she faced the shrewdest law
yers in America.”
Bishop of Natchez
Received by Pope
Special Cable to The Atlanta Georgian. |
ROME. Aug. 25.—Pope Pius has
received in private audience John Ed
ward Gunn, Bishop of Natchez, who
was greeted most cordially.
Bishop Gunn was formerly pastor
of Sacred Heart Uhurch, Atlanta.
five's Aides Have Approached
Immigration Officials.
SHERBROOKE, QUEBEC, Aug. 25.
Investigation was started here to-day
of an alleged attempt to bribe im
migration officials who are hero in
connection with the case of Harry K.
Thaw.
James Niehol, the crown prosecutor,
who up to this time has taken only
a passive part in the legal battle be
ing waged between Thaw and those
who would return him to Matteawan,
was responsible for the investigation.
David Reynolds, one of the three
immigration inspectors on the scene,
indirectly admitted that there was
foundation for the report that officials
in the Department of Immigration
had been approached, but would give
no details. The alleged bribers ap
parently desired to influence the im
migration officials in Thaw’s favor.
It is reported from Ottawa to-day
a second writ of habeas corpus mty
be applied for in Thaw’s behalf on the
ground that he does not come within
the class of aliens prohibited by Ca
nadian law. Acting Minister of Jus
tice Doherty will be in Albany Fri
day on his way to meet Visooiilft Hal
dane, and may confer with Governor
Sulzer or Acting Governor Glynn in
the Thaw rase.
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 me 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.”
When Thaw is released on habeas
corpus on Wednesday, the Canadian
Government will institute deportation
proceedings.
The question of the applicability of
the Canadian immigration act to
Thaw, that he does not come within
any of the prohiibted classes, will be
come a question for the courts anJ
may ce carried to the Judicial Com
mittee of the Privy Council in Lon
don.
Thaw undoubtedly will b* deported
into the little Vermont village of Nor
ton Mills, which *mmediately will be
come the scene of a big legal fight.
Jerome Goes Over
Thaw’s Trail in Auto.
COLEBROOK, N. H. Aug. 25.—
Following tiie same route taken by
Harry K. Thaw in his flight from
Matteawan. William T. Jerome, who
was appointed a special attorney gen
eral of the State of New York in the
fight to return Thaw to the institu
tion, arrived here to-day in an auto
mobile.
Jerome is gathering material with
which to fight Thaw's efforts to evade
going back to the insane asylum.
King Victor,Hunting,
Barely Escapes Death
Special Cable to The Atlanta Georgian.
ROME, Aug. 25.—King Victor nar
rowly escaped death while hunting
chamois on the Piedmont Mouiftatn*,
near Cuneo. A fall of rock killed one
and mortally injured another of his
hunters.
The King now is so nervous that
he has abandoned hunting for this
year.
THE WEATHER.
Forecast for Atlanta and
Georgia—Fair in northern,
showers in southern portion.
Waiter Returns 10c
Tip to John D., Jr.
BOSTON, Aug. 25.—The waiter at
the Copley-Plaza who got .* 10-ceit
tip from John D. Rockefeller, Jr., son
of the Standard Oil magnate, re
turned the dime to young Rockefeller
by mall, it learned to-day.
“1 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.”
LEO FRANK ON HiS WAY
FROM JAIL TO COURT
DEFENSE 115
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 t; 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.
Strikers Failing to
Get Benefit Desert
CALUMET. MICH.. Aug. 26.-—Many
more union min^ni returned to work
to-day following the failure of the
Western Federation of Miners to pay
strike benefits that had been prom
ised. .
Mine bosses at South Range and
Plalnsdale were unable to accommo
date all the mtn who deserted the
union to-day, *
McDermott’s Aide
Refutes Mulhall
WASHINGTON, Aug. 26. Testi
mony in behalf of Representative Mc
Dermott, of Illinois, vyas heard to
day by the House Lobby Committee
when Arthur West, of Dayton, Ohio,
testified lie was secretary'to McDer
mott from December, 1907, to August,
1909, and that during this period lie
had never seen Colonel M. M. Mulhall.
formerly of the National Association
of Manufacturers.
West said he left Washington in
1909, returning in March, 1911, and
remaining until September. 1912. He
denied that during these years I. H.
McMlchael had been secretary to Mc
Dermott.
Secretary Cooper Is
Now ‘Doing’ Germany
Secretary of the Atlanta Chamber
of Commerce Walter G. Coopolr, now
touring Europe, has s* nt a cablegram
from Bremen, Germany, to his mother
in Atlanta, stating that he was in fim
health and would make a journey
down the River Rhine soon.
The fate of Leo M. Frank, National Pencil Factory
superintendent accused of the slaying of Mary Phagan,
is in the hands of the jury.
After four weeks of the greatest legal battle in the history of
the South the case was given Monday at 12:49 to the twelve men
who have been silent, attentive listeners to the evidence for and
against. The jury returned from dinner formally to begin its de
liberations.
Atlanta and the State, and thousands in other States, awaited
the verdict with a tensity not equaled in any other criminal case in
Dixie's annals. Those who believed that Solicitor Hugh M. Dorsey,
whose work has been the sensation of the trial, had won his fight
j saw a good omen in the move of the defense for a mistrial.
The motion for a new trial was made by Attorney Reuben Ar
nold on the grounds that the evidence of perversion contained in
i Jim Conley 's statement had been illegally allowed to stand on the
records and that the jury had been subjected to improper influences
in the hearing of the crowd’s cheering of Dorsey on the street near
the courtroom.
Judge Roan denied the motion after Solicitor Dorsey in a brief
but vigorous address branded the grounds as trifling.
The conclusion of the great trial attracted by far the greatest
crowd since the opening and thousands failed to gain entrance to
the scene of the legal combat. Special police, including a corps of
mounted men, were at the scene trying to scatter the mass of Hu
manity with but poor success.
Frank Hears Assaults Without Quiver.
The silent prisoner in this most remarkable of tragic dramas
seemed as much the stoic as on any day of the ordeal. He listened
to Solicitor Dorsey's renewed assaults, made impassionately and
unsparingly, without a trace of fear or quailing showing on his
face. He heard Judge Roan tell the jury that if the evidence con
vinced it, he could be sentenced “to hang by the neck till dead,”
without a flicker of an eyelash. He surveyed the obviously hostile
crowd in the courtroom coolly. He looked somewhat sallower than
on previous days, but his nerve was as remarkable as ever.
With his wife, whose fortitude has been as astonishing as his
own except on one or two occasions, it was different. The approach
of the end had apparently unnerved her. The woman who had
steeled herself to hear her husband denounced as one of the great
est criminals in the history of the world, had heard him compared
to the vilest in the Hall of Infamy, without a murmur of protest
or a sign of remonstrance, broke down as the time came to put his
life in the hands of ‘‘twelve good men and true.” All during
Judge Roan's solemn charge she wept on her husband’s shoulder.
The strain of the tremendous ordeal had been too much for her and
the tears flowed unrestrained. Frank’s mother did her best to
soothe her.
Prisoner Taken Back to Tower.
When the case was delivered into the hands of the jury Frank
was taken back to the Tower to the cell he has occupied since the
closing days of April.
The jury before formally taking up its momentous task of ar
riving at a verdict went to lunch at the German Cafe on Pryor
street. Court, however, formally reconvened at 1 o’clock for the
consideration of what evidence should be allowed to go before the
jury. Judge Roan heard arguments by the lawyers for both sides.
The most important decision was one made over the plea of Solici
tor Dorsey ruling that all of Jim Conley’s affidavits should be put
before the jurors.
The argument over the documentary evidence to be submitted
to the jury was long and heated. The fight was particularly over
the affidavits of E. M. Holloway made to Dorsey and that of Mino-
la McKnight, cook in the Frank home, made to the police, and the
statement Frank made at the police station the day of his arrest.
The Solicitor finally admitted that the affidavits of Holloway
and Mine!?. McKnight had not been submitted, but said he would
look up the records to determine if Frank’s statement had beei
! submitted.
Dorsey and Hooper Loudly Cheered. >i
When Solicitor Dorsey and Attorney Hooper left the coii3c
room they were vociferously cheered by a tremendous crowd
insisted on thronging about the courtroom. a
Solicitor Dorsey finished his speech at 12 o'clock and for ij
ty minutes the lawyers clashed over the defense's plea for q
trial, with the State finally victorious.
Judge Roan had finished delivering his charge at 12:45 o’>
The Judge’s charge made no effort to review the evidence i,
way and did not attempt, of course, to explicitly define justL
a reasonable doubt is except that it must be more han an off
doubt.
The Judge said the jurors could bring in with a verdict o.
ty a recommendation thalt the prisoner be sent to the peni»_
for life. ! —