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JUDGE ROAN’S LAST ACT
IN CIRCUIT COURT OPENS
THIRD BUTTLE BY TRUNK
I
Certifies Bill of Exceptions Which
Sends Famous Case to Supreme
Court , Then Takes Appelate Bench
Oath—Georgian’s Story in Record.
A.s his last official act on the bench of the Stone Mountain
Circuit, Judge L. S. Roan Saturday afternoon at 4:10 o’clock cer
titied to the bill of exceptions by which the trial of Leo M. Frank,
convicted of the murder of Mary Phagan will be taken for re
view before Supreme Court of Georgia.
Five minutes later the typewritten document of 71 pages had
been filed with F. M. Myers in the office of the clerk of the Su-
perior Court.
This marked the formal launching
■>{ the third great struggle to save
•he young factory superintendent
r.m the gallows, a contest which
.li-sady has been unexampled in this
< i.te for the brilliance of legal tal
engaged, for the relentlessness
, which the case has been prose
"..ted by the Solicitor, and for the
desperation with which Frank’s coun
sel have fought every move of the
State's attorneys.
The Supreme Court virtually is the
ast etand for the defense. There Is.
of course, the State Prison Commis
sion and then the Governor of the
State, to whom final appeal can be
made In the event that the Supreme
'curt sustains Judge Roan, but it Is
unusual for a Governor to go Conn
er to the highest court of the State,
when it has passed finally on the
legality of a conviction. The most
hat ordinarily done in cases of this
nat ir • is the granting of a commuta-
> life imprisonment.
Jubilant Over Court’s Stand.
Frank's attorneys, however, are not
:,t all dismayed by the prospects of a
r.-view of the legal points involved in
he trial and conviction of their client.
They contend that Frank rightfully'
was entitled to a new trial on the
r rs th°y alleged crept into the trial
on the fact, as they claim, that
verdict of guilty was not war
ted by the evidence.
I > are jubilant over Judge Roan’s
ssion that he was not certain
• sterling to the evidence and
c : -ms for 30 days, whether Frank
aoceht or guilty. Lawyers of
5 hive given the opinion that
- rs me Court, should it not
on all of the points In-
- ’ 'tdd on Judge Roan’s state
ic alone reverse him and order the
< ndant retried.
Sioretne Court decisions are cited
FRANK’S CASE TO HIGH .
COURT WITH NEW TWIST
Continued From Page 1.
y tn the face, that he may take
counsel with himself and see Just
where he stands in respect to the
Trank case, now that it has taken
mother astonishing turn.
Doubt Still Exists
In Mind of Court.
The Supreme Court will pass upon
he legality of Frank's trial, If error
tas been committed anywhere. The
highest court of review In the State
nay be depended upon to right all
wrongs, I think.
Whatever Judge Roan's Judicial and
ega! attitude may have been, and
lowever much he may have felt con
tralned to uphold the verdict in
pits of his own doubts concerning
ts righteousness, the FACT RE
GAINS—and here is the point about
Which EVERYTHING centers—that
there is a DOUBT In his mind, a
gnawing, insistent, and fretting and
reasonable doubt.
AND IF THE TRIAL JUDGE
'-RANKLY entertains such a
~V, BT - sl'Rely ordinary lay
men WILL BE JUSTIFIED IN EN
TERTAINING IT!
' take it that all honest men deaire
one thing and one thing ONLY, In
matter of Mary Phagan's mur
der THE CONVICTION OF THE
IRL'TE RESPONSIBLE FOR IT!
Little Evidence on
Charge of Perversion.
t Leo Frank is guilty, the extreme
■enalty of the law Is his Just portion—
ave said that repeatedly, and I re
assert It now.
Jary Phagan was murdered—dia-
Ically—and an Indictment says
-eo f rank murdered her.
Old he? The Judge who tried him—
’Ao heard EVERY WORD of the evl
‘»nce and EVERY WORD of the ar
ment—ls in doubt about It.
nat ia a solemn and intruding
■ughtl
■member, the heart and soul of
I rank conviction is the story of
'-negro, Jim Conley.
Evidently, the doubt or doubts in
mind of the presiding Judge arose
m his uncertainty as to the credl-
mTHEFREELY! OPENNOSTRIIS
MB STUFFED HEAD-END CATARRH
»nst«nt Relief When Nose and
Head Are Clogged From a Cold.
Stops Nasty . Catarrhal Di»-
ch arges. Dull Headache Vanishes.
"Ely’s Cream Balm.
,et - a small bottle, anyway, just
,ry IL Apply a Httle In the nos
r * and Instantly your clogged
ind stepped-up air passages of
/'*' head will open; you will breathe
'■ dullness and headache dis-
By morning! the catarrh,
■ n nead or catarrhal sore throat
ion<;
-nd such misery now! Get the .
■ 'tie of "Ely'. Cream Btilm '
•
'where Superior Court judges have t
been reversed for their statement to
the effect that “the court’s verdict, if!
it were deciding the case, probably ;
would have been different tha.n that
of the jury, but it is not the province(
of the trial judge to Invade the jury I
box and therefore the motion for a ,
new trial is overruled."
Calls Georgian Story Correct.
The Supreme Court has held, it is
said by those familiar with the law,
that it Is the province and duty of
the trial judge, if he believes a ver
dict of guilty not warranted by the
evidence, to set aside the verdict.
Judge Roan certified readily Satur
day to the statement lie had made in
reference to his uncertainty, and It
became a part of the bill of excep
tions. He acknowledged that The
Georgian had quoted him accurately,
and The Georgian’s account of his
remarks was used in the bill by agree
ment of the judge and counsel on
both sides.
The bill recited that the defense
would stand upon all its former
grounds in asking for a reversal of
Judge Roan. The brief of evidence,
the original motion for a new trial
and the amended motion will go be
fore the Supreme Court, together
with the bill of exceptions.
The Clerk of the Superior Court
has ten days in which to make copies
of the documents in tfie case and file
therrj with the Supreme Court. The i
case then will be placed oi. the dock- '
et probably tor some date Itae in i
January or the first week in Feb- j
ruary.
Judge Roan, as soon as he had cer
tified to the bill of exceptions, went
to the State Capitol and was sworn
in ap a judge of the Appellate bench
to succeed Benjamin Harvey Hill,
whoerecgntlv was appointed to the
new judgeship of the Atlanta Circuit.
bllity of the Conley recital—and that,
even though, and perhaps mistakenly,
he admitted it all in testimony!
Attempt Is Seen to
Right Judicial Wrong.
Thera are very many lawyers in
Atlanta, with some of whom I have
talked recently, who see in Judge
Roan's comments upon the case an
effort to right a judicial wrong
through the instrumentality’ of the
only legitimate weapon at hand.
But, 3A I said before, the judicial
error, if there was one. may be left
to the higher court —it Is the present
admitted DOUBT in the judge's mind
that haunts and gives pause to fair
minds.
You who say "Leo Frank murdered
Mary Phagan!"
How do YOU know It? Did you
hear the evidence?
The trial judge heard it, every word
of it—AND HE WAS NOT CON
VINCED!
Turn which way one will mentally
he runs sternly afoul of that tower
ing circumstance —and it shakes to
the foundation stones the entire
structure upon which Frank's guilt
apparently has seemed to rest, as a
legal proposition!
Is Leo Frank guilty?
In the earlier articles I wrote I said
I did not know, that there was no
way apparently whereby I COULD
know!
In the very last article I wrote I
said the same thing.
And now the judge who tried the
case says the thing I repeatedly have
said, and still say!
Discussion of Judge’s
Ruling Delicate Task.
The matter of discussing a judge's
ruling is one of delicacy. I appre
ciate that.
If God Almighty, however, can lay
down the doctrine that it is better
for a hundred guilty men to escape
than that one innocent man suffer,
surely I can afford not to dispute His
word!
And yet I hope that the murderer
of little Mary Phagan may be brought
at any drug store This sweet, fra
grant balm dissolves by the heat of
the nostrils, penetrates and heals
the inflamed, swollen membrane
which lines the nose, head and
throat; clears the air passages;
stops nasty discharges and n feel
ing of cleansing, soothing relief
comes Immediately.
Don’t lav awake to-night strug
gling for breath, with head stuffed,
nostrils closed, hawking and blow
ing. Catarrh or a cold, with its
running nose, foul mucus drop
ping Into the throat, and raw dry- i
nesa, Is distressing, but truly need
less.
Put your faith- -Just --nee—in
■ c'r<s" l, i! '' ■nd ■ our >
■ i<’-'
Advt ' ’
ourix/rvi I unnn -a:\. AtiJDAia. w.-i.. 5V v iLAinniY I’Jld.
Decatur Methodists
Gained 49 Members
Church Elects Officers for Fiscal
Year and Pastor Reports Sub
stantial Growth.
/ " ■ 111 “
At the fourth and last conference
of the year of the Decatur Methodist
Church the pastor, the Rev. J. M.
Bowden, reported a net addition of
49 to the membership during the year.
The following officials were elected
tor 1913-14:
Trustees, J. W. Pearce, chairman;
G. M. Napier. W. E. McCalla. G. H.
Hammond, T. W. Martin, Charles L.
Weekes, J. Howell Green, P. L.
Weekes and J. A. McCrary; stewards.
J. Howell Green, chairman; Boyne
Gibson, secretary and treasurer; W.
E. McCalla, W. H. Weekes, Paul C.
Smith, E. E. Treadwell. J. G. Addy,
T. W. Martin, W. P. Johnston. A. L.
Brooks. J. F. McCrary, J. W. Me-
Key, Frank C. G. Hughes; superin
tendent of Sunday school, J. Howell
i Green.
to justice— that his guilt may be es
tablished BEYOND ALL QUESTION
—particularly beyond a doubt In the
mind of THE JUDGE WHO TRIES
HIM AGAIN, If ever he be tried
again!
; For If a doubt assails the mind of
I the man who must pass sentence
’ upon Frank, how shall I reconcile MY
1 Inconsequential mind to the present
I status of Leo Frank?
And so, after all, it gets back to the
nub of the entire situation, as It now
exist s
It is the DOUBT in the mind of the
• judge who tried Leo Prank—the
■ DOUBT, frankly outspokenly
confessed —that matters supremely
1 now.
The Question of Clothes
is the Question of Quality!!—
of st y* e ’ service and price!!
IBB* combination balanced and rounded out to a nicety, and the problem of good dress is
I no problem at all. ,
1 JBl J ’ EISEMAN BROS, good clothes for men combine the features of tailoring that have raised
jpsJjF the standard of ready-to-wear to the very pinnacle of perfection.
\ T No matter how “set” you are in your ideas about style, or how hard you are to please, there s
Y a l iere *° measure your most ardent anticipations.
Js A* \ \ y I’be style you seek is here—the fabric that you favor —t he color you’re sure to choose.
Jl* -W * - \ Put this advertisement to the test it challenges you to —make the subject defend its defi.
' <<l ill \ MB/ ' wii The Eiseman Bros. Suit invites your most critical inspection.
■ r \ (dEI Don’t lose sight of the fact that this is your store. An organization planned to serve you;
& teA. v ’ - j jr to make your interest its cause, and win your appreciation of its efforts.
W * ' ,s.TP : Men’s and Young Men’s Suits ready for immediate service.
W. . sls to SSO
N Uy OVERCOATS
' jffr' ||s| There are novelties here in over-garments young men enthuse over, and you must be sure
Ulii and see them.
Bal Macan, or English Raglan, is just one of a host of exclusive conceits in “Coatery”
'•IV that ymi’ll see here—certainly the invitation is most cordially “put” to come in and try them
f y W ou * anf * see h° w “flashing” you’ll look in one.
W Men’s and Young Men’s Models—
-111 $lB to 575
w I * w
ffl I I Eiseman Bros., inc
iff r'l 11-13-15-17 Whitehall
Mb «& I I The South’s Largest Clothing Store!
ij® w j j ”■■»» r_
f I ■ ■■ 1 M
E—
-'Mr
« 'V
MACON LEAGUE
SEEOTTOP
SALES OF BEER
Law Enforcement Organization
Asks Injunctions Against Brew- I
ery and Wholesale Dealers.
MACON, Nov. I.—The Law En-
■ foircement League has filed petitions
in' the Superior Court for the closing
of the Acme Brewery and for
. permanent injunctions against C.
C. Porter and Ike Bat-hlnski, whole-
I sale beer dealers, on the ground that
they are "blind tigers" and therefore
. nuisances in that they violate the
State prohibiten law by selling beer.
r These cases will bring before the
• courts the question of whether beer.
• as a legal proposition, is Intoxicating ’
and if the sale of It violates the pro-
> hlbitlon law. If this contention of the
■ Law Enforcement League la upheld,
it will be possible to put every saloon
I in Georgia out of business.
The League has also prepared peti
i tions, to be filed next week, asking for
r injunctions against twelve more sa
loons, it being alleged that they sold
> whisky during the last two weeks
i while the State Fair was in progress.
i There are already 43 saloons here un- ;
• I der the injunction, and four have been !
| permanently closed.
Accountants Stand
Examination Nov. 19*
Test Will Include Questions of The
ory and Practice of Publicc
Accounting.
Announcement of the fall examina
tions for public accountants were made
Saturday by Joe? Hunter, of Atlanta,
Cfypfrman of the State Board of Ex
aminers of Public The
examinations will be held November 19
and 2'\
Candidates ar*» expected to tile no
tion with the chairman at 1102 Empire
! Building.
MOTHER! IT’S CRUEL TO FORCE OIL
OR CALOMEL INTO ft SICK CHILO
“California Syrup of Figs” Can’t
Harm Tender Stomach,
Liver, Bowels.
Look back at j our childhood days.
Remember the ’’physics’’ that mother
Insisted on—castor oil, calomel, ca
thartics. How you hated them, how
you fought against taking them.
With our children it s different.
Mothers who cling to the old form of
physic simply don’t realize what they
do. The children's revolt is well found
i ed. Their tender little “Insides" are in
i jured by them.
i if vour child’s stomaci., liver and
i
Stone Mountain to
Atlanta Pike Urged
Convention Bureau Plans to Make
Natural Spectacle Show Place
for Visitors.
Chairman Ivan E. Allen and Secretary
Fred Houser of the Atlanta Convention
Bureau, have Inaugurated a movement
through which they hope to construct a
fine pike road from Atlanta to Stone
Mountain, ami make the famous rock
one of the show places whenever the
Gate City entertains a convention.
| All the property owners between At-
I ’anta and the Mountain, and all th**
| chambers of commerce and commercial
bowels need cleansing give “Califor
nia Syrup of Figs.” Its action is pos
itive. but gentle. Millions of mothers
keep this harmless ’fruit laxative”
handy; they know children love to
take It; that it never fails to clean
the liver and bowels and sweeten the
stomach, and that a teaspoonful giv
en to-day saves a sick child to-mor
row. It should be the first remedy
given as it always does good, never
any harm.
Ask your druggist for a 50 cent bot
tle of “California Syrup of Figs,”
which has full directions for babies,
children of all ages and for grown
ups plainly on each bottle. Beware of
counterfeits sold here. See that it is
made by “California Fig Syrup Com- '
pany.” Refuse any other kind with ,
••on tempt.—(Ad vt.)
organizations of towns along the route
of the proposed road, including Decatur,
Clarkston, Scottdale and others, are be
ing communicated with and will be
' Monday Special Sale
j 5 LZdnch Sterling Silver Candlesticks
I $2.50 Each; $5 Per Pair
* Sale Starts at Nine o’Clock
, These Sterling Silver Candlesticks are
heavy in weight, well roa'le and beautifully
I finished. Ordinarily they would sell for at
| 4 least SB.OO per pair.
| .g At nine o’clock Monday morning fifty of
L these handsome Candlesticks will be put on
> R atp at the special price of $2.50 each, for
djL Monday only.
wk Not over two pairs will he sold to any one
. nstotner. None will be laid aside on tele-
XWEfe , ' phone order-. .Monograms or initials will
gnO' '’SaSa | lt . ,-ngraved tor 25c additional.
MAIL ORDERS
Mail orders will be filled until Wednesday If letters are post
marked not later than Monday, and if any are left In atocKwnen
order 1h received. At these prices mail orders will be shipped eg
press charges collect.
See display In our north window.
Watch for our next Sunday's announcement
Write for new Fall and Winter ido-pago Illustrated catalopia
for 1014.
MAIER & BERKELE, Inc.
Gold and Silversmiths
Established AKB7 31-3 J Whitehall St. Atlanta, Ga.
, ■
7A
asked to co-operate.
It is planned to hold meetings In «aen
town, to be followed by a big rally In
Atlanta.