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I
TENER WARNS HE WILL RIJN NATIONAL
sl™ 1 The Atlanta Georgian
NET PAID CIRCULATION . |
! he NalionalSouthern Sunday Newspaper
Read for Profit—
-GEORGIAN WANT ADS—Use
for Results
VOL. XII. NO. 113. ATLANTA,
GA., THURSDAY, DECEMBER 11, 1913.
Copyright. 1906,
By The Georgian Co.
2 CEI
PAY NO
\ 1 O. .MORE.
ROAN IS HIT IN FRANK APPEAL
DLL SET FOR
BUTTLE
Trial Judge Termed “Vacillating”
by Defense Attorneys—Hear
ing Likely to Start Monday.
Severe criticism is made of Judge
L. S. Roan for certain phases of his
conduct of the trial of Leo M. Frank
and for his refusal to grant a new
trial, even though he himself had
doubt as to defendant’s guilt, in the
brief argument prepared by Frank’s
lawyers to be presented to the Su
preme Court of Georgia next Monday.
The document was received from
the printers Thursday. The brief of
evidence, another bulky document,
will be completed Thursday afternoon.
The attorneys for the defense will
exchange briefs with Solicitor Hugh
M. Dorsey later in the day and all of
the lawyers concerned in the famous
se will be ready to re-engage in a
it ter legal battle which had its be-
gi» r.ing on July 26. w'hen Frank’s trial
was started.
Judge Roan Criticised,
Judge Roan is characterized in the
tit ted arguments of the attorneys as
' vacillating” in his conduct of the
' r, .al at many times, and his action in
refusing a new trial is described as
’■defensible, in view of his openly
' vpressed doubt of Frank’s guilt.
The argument on this particular
phase of the appeal to the Supreme
1 ’ourt concludes with numerous legal
< Stations designed to show that Judge
Roan was shirking a plain duty when
1 e refused to take the burden of a
decision in the matter. Several of
he citations quote the Supreme Court
as saying that when the trial Judge is
!■ stalled with doubts as to the Justice
■ f the verdict there is no course open
to him but to grant a new trial.
Comment on Statement.
In commenting on Judge Roan’s
statement, when he denied a new
trial, the defense says in part:
“This court, keeptng in mind the
danger and the temptation, has re
peatedly reversed the court below
when it appeared from the court
record that the trial court, from tim
idity or from misapprehension as to
the law, failed to exercise his own
discretion and substituted the ver
dict of the Jury for that discretion
which it is his solemn duty to ex
ercise.
“It Is of course true that in de-
’ermlning whether the court had ex
ercised or failed to exercise his legal
discretion, this court will look soleb
to the record, giving full force to the
presumption that the court has ex
ercised his discretion and that the
verdict does, in fact, meet his ap
probation. In the present case the
' ourt rendered an oral Judgment, as
will be seen from the bill of excep
tions. The whole of the Judgment
was not incorporated in the order
overruling the motion for new trial,
but the whole of that Judgment was
• c et out in the bill of exceptions.
"In determining Just what was the
Judgment of the court in (Overruling
he motion, this court will look to the
whole record., If the record itself
and the bill rtf exceptions are incon
sistent, of tlie t\fo the record will
prevail. When, however, there is no
such inconsistency and it is legally
Possible to,reconcile the record and
the recitals in the brief of exceptions,
this court will do so and give full
force not only to the record but to
he recitals of the bill of exceptions
as well.
Had No Conviction.
"In doing so there can be no doubt
that Judge Roan did not sanctify
this verdict by exercising that dis
cretion which the law demands.
"The words of his judgment be
tray on his part of mind wholly in-
onsistent with that settled convic
tion which the trial judge ought to
posse** in denying a fnotion for new
trial
“K- was not thoroughly convinced
• t Frank was guilty; he was not
• uoughly convinced that he was in
nocent; he did not have to be con
vinced; conviction was not a part or
his duty; that was the province or
the Jury; they were convinced and
their conviction was to determine
th«» matter, although he was still un
convinced." ,
The documents which are to be
submitted to the Supreme Court are
-laid by lawyers to be the most vol
uminous ever filed in Georgia in an
appealed case.
600 Pages in Brief.
The brief of evidence alone consist#
of about 600 large pages with type or
ordinary size. ,
The arguments and narration Oi
he facts of the case consume an
other 389 pages, and the original mo-
riot for a new trial, the amended mo-
La® ,a.nd
-
JOHN TEMPLE GRAVES
RETURNS TO ATLANTA;
COLONEL JOHN TEMPLE GRAVES.
AT CHARLESTON.
FIRST—Five furlongs: Amoret,
106 (Buxton), 8, 8-5, 1-2, won; War
bler, 111 (Burlingame). 1-2, 1-4, out,
second; Klva, 96 (Ward), 15, 4, even,
third. Time, 1:15 3-5. Also ran: Ann
Tilly. Loan Shark, Cherry Seed.
SECOND—Seven furlongs: Toung
Emblem, 108 (Nicklaus), 4, 3-2, 7-10,
won; Behest, 106 (McTaggart), 3,
even 1-2, second; Polly H„ 104
(Ward), 8-5, 7-10, 2-5, third. Time,
1:30 1-5. Also ran: Otranto, Pea
cock, Battling Nelson. Lady Inno
cence, Tomboy, Hudas Brother, Single
Ray
THIRD—Mile: Tom Holland, 107
(Davis), 2, 7-10 7-20, won; Camel, 110
(Sklrvin), 4, 3-2, 3-5, second; Dr.
Dougherty, 107 (Waldron), 8-5, 7-10,
1-3 third. Time, 1:44 1-5. Also ran:
La'Sainrella, Gerard, Troy Weight,
Beachsand.
FOURTH—Five and half furlongs:
Wilhite, 111 (Waldron), 5, 8-5, 7-10,
won; Carlton G., 114 (Nathan), 9-2,
3-2 3-5 second; John P. Nixon, 102
(Doyle) I 6 °. 15 - 6 > th,rd - Time,
1:08 1-5. Also ran: Samuel R. Meyer,
Sherwood, Sir John Johnson.
FIFTH—Mile and 20 yards: Dr.
Waldo Briggs, 112 (Waldron), 4-5,
7-20 1-5 won; Dynamite, 110 (J. Mc-
Cahey) 7-2, 4-5, 1-3, second; Ralph
Lloyd, 102 (McTnggart), 9-2, even, 1-3.
third. Time, 1:44 1-5. Also ran: Jac-
queltna, Earl of Savoy.
SIXTH—Mile: Marshon, 107 (Mar
tin) 5 9-5, 4-5, won; Master Jim, 102
(Deror.de), 15, 6, 3, second; Pierre
Dumas, 107 (Keogh) 9; 3, 6-5, third.
Time 1:43 1-5. Also ran: Feather
Duster The Busy Body, Flying Yan
kee Toddling, Chester Krum.
another book-of 159 pages The total
is approximately 1.100 printed pages
The case of Frank vs. the State i»
hated eighteenth on the calendar cj
the Supreme Court and will be reach
ed Monday, in all probability, the
others being mostly cases from other
parts of the State, which will not be
ergued except through the briefs sub-
milled*
I Colonel John. Temple Graves, for
the past six years editor of The New
York American and special writer for
! the various Hearst publications, has
returned to Atlanta to be permanent
ly associated with Mr, Hearst’s At
lanta newspapers as that publisher’s
direct personal representative. *
Colonel Graves’ work in Atlanta and
the South will be wide in scope and
far-reaching in consequence. He will
stand for Mr. Hearst and his aspira
tions and ambition in Southern Jour
nalism. He will project his personal
ity sharply into the Hearst publica
tions in the South, and his work will
be Mr. Hearst’s work.
Needles to say, Colonel Graves is
being cordially welcomed on all sides.
He numbers his friends in Dixie by
the thousands. He is attached to the
South by ties of blood and long as
sociation and acquaintance. The en
tire period of his young manhood was
spent in Dixie, as an editor in Georgia
and Florida, and, although he has had
high honors conferred upon him
abroad, his heart still is, and ever
has been, most at home among Geor
gians.
Colonel Graves has been intimately
associated with Mr. Hearst in New j
York and Washington, and has been
sent to Georgia because Mr. Hearst
believes him pre-eminently the man
to bring the Hearst publications close
to the hearts and firesides of the
Southern people.
Of course, Colonel Graves is glad to
be "back home.'’ As he expresses it,
"Old Brer Rabbit was no more de
lighted when thrown into the briar-
patch than I am delighted to be in the
South again permanently, and where
I may serve the people of my native
section to the full and final limit of
my ability.
“Mr. Het*. t has vreat ambition#
for The Georgian and The Sunday
American. I shall strive to help him
realize them completely."
Mr*. Graves and the children will
not ^turn to Georgia until later in
the winter, and perhaps not until
iinrlnJ 1 .
PROSPERITY HITS POLE TO
P.O.RUSH CRASH
I
All Records for Volume of 8usi-1
ness Here Broken by Early
Christmas Mail.
Attorney Watt Kelly Is Injured.
Three Companions Escape as
He Wrecks Car.
The wave of prosperity reported in
all lines of business in Georgia and
Atlanta has found an echo in the
business of the Atlanta postofflee.
Postmaster Bolling H. Jones said
Thursday that the volume of mall
that passed through the local post-
office Wednesday night was greater
by many thousand pieces than that of
any previous 24 hours in the history
of the office,
"We broke every record that was
ever heard of around here," said Mr.
Jones. "We handled 240,000 pieces of
first class mail and fully 300,000
pieces of second, third and fourth
class mail. There were 25,000 parcels
alone, which is about the number
that has passed throhgh the office
every day for the pnst two weeks,
and there were thousands of other
pieces of mail that I ha\ e not in
cluded in these figures.
Flood of Calendars.
"One firm alone mailed 15,000 cal
endars Wednesday afternoon, and in
asmuch as they are about two feet
long and difficult to handle, they are
equal to fully three times that amount
of ordinary mail matter.
"The increase in the volume of
business that passes through the At
lanta office has l*een apparent for sev
eral weeks, but we had no idea it
would reach the tremendous propor
tions of last night. We require be
tween 1,000 and 1,500 mail sacks all j
of them large ones—to handle the'
Atlanta mail now, and this number
probably will be doubled wheh the
Christmas rush comes.
Mr. Jones declared that in view of
the great increase in the business of
the postoffice those who contemplate
sending away Christmas gifts should
mail their packages as soon as possi
ble
Shudders at Prospect.
"If the volume of mail reaches the
stupendous total of 600,000 pieces
three weeks before Christmas,” he
said, "think what it will reach when
the Christmas rush begins in earnest.
Unless parcels are mailed at once
there can be no certainty in their de
livery, because there is a limit to
what our force can do. We have
working now all the extra men we
have room for, and though they are
handling the present volume of mail
in fine shape, if it gets much larger it
is going to he very hard to handle.
"People seem to be spending more
money than ever before for Christ
mas gifts."
Mr. Jones also said Thursday he
had about 1.000 "Santa Claus letters"
which children have placed In the
mail, and which ho has authority ot
turn over to any charitable institu
tion or responsible person who wishes
them. These letters exceed by sev
eral hundred the number that were
mailed last year, and unless someone
asks for them they will be sent to
the dead letter office to make room
for those yet to come.
Mother Saves Child
Who Set Home Afire
Nellie Harris, a 6-year-old negro
grli, was saved from death about 2
o’clock Thursday afternoon by her
mother, Gertrude Harris, who rushed
Into their burning home in the rear
of the home of W. J. Wood, No. 7
St. Charles avenue, and dragged the
child to saf< ty. The roof of the
house was burned off, and the in
terior badly damaged.
The child lives with her mother in
the servant's house behind the Wood
home, and while the mother was at
tending to her household duties, she
left the girl alone In the house. The
child began playing with matches and
• of *ba biiilrHno- an fira
Watt Kelly, an attorney with of
fices in the Temple Court Building,
was injured, and three other Atlanta
business men, his companions, had
narrow * escapes Thursday when an
automobile in which they were riding
crashed into a telephone pole at North
Boulevard and Auburn avenue.
The pole was severed at the base
and fell over Into the street, barely
missing the occupants of the machine
Mr. Kelly was thrown against the
side of the automobile and suffered
severe hurts to bis chest and knee
cap. With him were Herbert Ferrell,
manager of the United Building Com
pany; Edward O’Beirne, a partner
with William II. Rhett in an insur
ance company, with offices in the
Hurt Building, and Rhett, who was
driving the machine.
The accident occurred when Rhett,
in order to avoid a collision with an
other automobile, swerved his ma
chine to one side. Witnesses declared
that the second machine *as driving
on* the left side of the street, running
nlongside of an Auburn avenue street
car. Rhett. rounding a curve in Au
burn avenue, was confronted with tlie
other oar, which was bearing down
upon him.
With a quick turn of his w’heel. he
sent his car into the pole. The other
automobile drove on paut, paying no
attention to the other, and proceeded
down the street. The identity of its
occupants was not learned.
Mr. Kelly was hurried to his office,
where medical attention was given
him. He then was removed to his
home.
The party had been out on High
land avenue inspecting some building
operations.
LATEST NEWS
Mercer Junior Head
Acquitted by Class
MACON, Dec. 11. -The president of
the junior law class at Mercer Uni
versity underwent an impeachment trial
last night and was acquitted.
The president was charged with high
crimes und misdemeanors in that he had
“bootlioked” and that he had “insulted”
the class and demeaned himself in a
manner unbecoming his official position.
250 Reported Dead;
Tornado Hits Canoes
Special Cable to The Atlanta Georgian.
FREETOWN, SIERRA LEONE
WEST AFRICA, Dec. 11.— More than
250 natives are believed to have per
ished to-day when a tornado blew
twenty passenger-carrying canoes out
to sea. Many upturned canoes were
later found.
LANSING, MICH., Dec. 11.—George
W. Nichols, representative of the At
torney General, has wired from Calu
met asking Governor Ferris to rush
more troops to the copper strike zone
in the upper penisula. In his telegram
to the Governor, Nichols states that
the situation has become so serious
that the immediate employment of ad
ditional militia is necessary.
GARY. IND., Dee. 11—Deputy
Sheriffs are busy to-day making ar
rests in connection with the Gary
election day riots indictments. One
arrest, that of Roemo Fitzgerald, was
made at noon. Fitzgerald, who is the
son of the lat "Black Bill" Fitzgerald,
formerly south town assessor in Chi
cago, was indicted for rioting.
CHICAGO, Dec. 11.—Federal Judge
Landis to-day made short work of the
income tax lawsuit by throwing it out
of court. He acted in the case of
Miss Elsie DeWolf, a former actress
and well known mural and interior
decorator, against the Continental and
Commercial National Bank. It was
the first test of the new law.
BOSTON, Dec. 11^—A boycott on
cold storage eggs and a campaign to
reduce the price of eggs to two cents
each opened in earnest to-day un
der the leadership of prominent Bos
ton women. The movement, which
was started by Mrs. Barry, wife of
the Lieutenant Governor-elect, has
gained widespread support and Mrs.
Barry has been chosen head of the
United Housewives’ League.
BERNE, Dec. 11.—Dr. Arthur Hoff
mann, of St. Gall, was to-day elected
president of the Swiss Confederation
for 1914. H# received 180 of the 194
votes of the Federal Assembly. He
is 56 years old, and is now Vice Presi
dent of the republic and chief of the
Military Department. He is a radical
democrat.
EVANSVILLE, IND., Dec. 11.—
Frederick W. Cook, president of the
Cook Brewing Company, and one of
the best-known brewers in the State,
died of bronchitis at his home in
Fulton avenue at 11 o'clock this morn
ing. after an illness of a few days-
WASHINGTON. Dec. 11.—The con
struction and maintenance of a jimited
number of national highways in dif
ferent sections of the country was
urged before the House Road Com
mittee to-day by A. M. Law, of Kansas
City, Mo. Law said Congress should
have absolute jurisdiction over the
national highways.
NEW YORK. Dec. 11.—Crossing
Park Row this afternoon, Frank Rosa,
an 18-year-old newsboy of Brooklyn,
wsa run down and injured by the au
tomobile of Mrs. Alexander P. Moore,
wife of the Pittsburg publisher, form
erly Lillian Russell, the actress. The
boy was taken to a hospital.
WASHINGTON, Dec. 11.—Thomas
E. Fle-tcheD of Forsyth, Ga., was to
day appointed a national hank exam
iner for southern Georgia and Florida.
MOGULS NOT
10 DICTATE
I
New Head of National league De
clares He Will Deal Fairly
With Every Problem.
6-Day Cyclists Are
Ahead of Records;
Leaders’ Tie Broken
MADISOft SQUARE GARDEN.
NEW YORK, Dec. 11.—In a aeries of
terrific sprints which continued
throughout the eighty-eighth hour,
the tie which had existed between the
eight leading teams for 48 hours wns
broken this afternoon and the teams
of Walthour and Collins and Law
rence and Magin lost their places
V/ith the leaders.
Six teams are now tied for first
place; six other teams are a lap be
hind; two are two laps behind, and
one is hopelessly out of it.
The leading teams have smashed
the 1912 mark by 23 miles, and at
4 p. m. had covered 1,742 miles.
$985,000 of Pabst
Estate to Germany
MILWAUKEE, WIS . Dec. 11 More
than $985,000 in United States money will
leave America within a few days for
the land of the Kaiser. •
According to the Pabst will, the estate
wo.s left in trust for Mrs. Emma Rohen-
lein, Captain Fred Pabst's daughter, to
revert to her when her daughter Edith
should attain the age of 10 years. Tne
child reached her tenth birthday Octo
ber 13.
Fireman Fined For
Breaking Smoke Law
R. L. Lyons, superintendent of the
Austell Building, and Alfred Hurd, a
negro fireman, were arraigned before
Recorder Broyles Thursday afternoon
on charges of violating the city smoke
ordinance, preferred by Cecil Poole,
city smoke inspector
The negro was fined $10.75, w hen it
was shown that he had violated .Su
perintendent Lyons’ instructions in
the application of fuel
SEE NOTED STARS;
HELP XMAS FUND
Everything is in readiness for the biggest show in Atlanta’s
theatrical history—the All-Star Matinee for the benefit of the
Empty Stocking Fund at the Atlanta Theater, Friday, Decem
ber 12, at 2:30 p. m.
Robert Edeson, Wilton Laokaye, Max Figrnan, Rose Cogli-
lan, Lolita Robertson, Lydia Dickson, of “Fine heathers;
Yvette, of the Forsyth; the Australian Boy Scouts, Auriema,
House and Francis, crack Athletic Club experts, the famous
Ellery Band—they will all appear in a bill that money couldn’t
buy.
And there will be a great doll auction, with Forrest Adair
as auctioneer, and John Temple Graves, eloquent Georgian,
helping things along.
It is an array of talent representing thousands of dollars to
any hooking office, all inspired by the desire to help^thc poor
youngsters of Atlanta have one merry Christmas.
Get your tickets at the Atlanta Theater right now. Orches
tra, $1; entireUsalcony, 50 cents; gallery, 25 cents.
Lee Will Case Goes
To Jury After Trial
Lasting 3 Weeks
The Lee will case went to the jury
at 11 o’clock Thursday morning, aft
er a two hours’ charge by Judge Bell,
and a verdict Is expected to-daj\ The
trial lasted three weeks.
The contestants in the suit are the
daughters of Mrs. I^ee. The suit is
styled "Mrs. Annie LaRue Lee Mi-
zell, caveatrix, against Mrs. Maud Lee
Thompson," Mrs. Mizell claims her
sisters were awarded their share of
her mother’s estate prior to her
mother's death, and that the entire
estate left by her mother was willed
to her.
Two wills were introduced, one of
which awarded the estate to Mrs. Mi
zell and the other dividing it among
all the children. Charges of forgery
have been made in connection with
the signing of the last one. A $40,-
000 estate is involved.
Prisoner Is Freed;
Prosecutor Jailed
WAYC’ROftS, Dec. 11.—Charged
with an offense for which negroes are
frequently lynched, William Young
to-day walked from the Ware Supe
rior Court, cleared by a. Jury of
twelve white men. Evidence tended
to show that the charge against the
negro was not true, and resulted in a
quick verdict,
J. E. Bird, the prosecutor, is in Jail
facing rtlal on a charge of assault
with intent to murder, the negro hav
ing him arrested because Bird had
shot him.
579 Pensioners in
Alabama Cut Off
MONTGOMERY, ALA., Dec. 11.—
The report of the State Pension
Board submitted to Governor O’Neal
to-day, strikes from the roll 579, of
whom 149 were deserters from the
Confederate army or navy and the
others ineligible because of inaccu
rate records. This means a reduc
tion of $40,300 per annum.
There were 3,484 on the roll before
the list was purged.
NEW YORK, Dec. 11—Governor
John K. Tener of Pennsylvania, the
newly elected president of the Na-
tioral League, to-day served notice
upon the baseball magnates that he
is going to be a real president.
He will not' allow’ the moguls to
dictate to him or interfere with ac
tion which he thinks proper.
"T intend to be the real president
of the league," declared Governor
Tener at the Waldorf to-day. “Be
fore I accepted the position I ex
acted promises from club owners
that I should have, full authority as
executive of the league, and I am
going to conduct alf affairs accord
ing to my Ides* of justice and good
Judgment.
i “I am not going to be hampered or
I handicapped in any way.
Will Neglect Nothing.
"I do not know myself what course
I 1 stall pursue. But each matter will
be given Individual attention as it
crops up and IL intend to neglect
nothing.
"Until rhy term as Governor of
Pfnnsylvania expires on December
31, J9H. I tan not give the league
the full attention it will get after
ward. For the next year Secretary
Heydler will handle routine and mi
nor affairs which will come to my
attention afterward.
“The demands of the Players’ Fra
ternity have been referred to the
National Commission. which wiil
consider them at their next meeting
!r Cincinnati on January 5. That
matter is entirely up to the commis
sion.
"There have been reports circu
lated from time to time that there is
a baseball trust. It is not a trust.
Baseball has to be organized or it
would go to pieces.
Praises Reserve Clause.
"The National League is not trying
to strangle competition. It Is just
protecting it# interests legitimately
and that can be done best by organi
zation.
"Another matter that T want to
speak of in this connection is the
criticism directed toward the re
serve clause in players’ contracts.
This is a safeguard enacted to give
the people of the United State* the
best kind of baseball possible.
“If it were not for the reserve
clauses several rich clubs might be
able to pick up all the stars through
c ffering exorbitant salaries, and this
would remove one of the most at
tractive features of the game—the
fight which comes from ability pit
ted against equal ability.’’
Proposed changes in the constitu
tion and by-laws were taken up br
the, magnates at their meeting to
day.
To Remodel School
For Use as Hospital
EUFAl’LA, ALA.. Dec. 11.—The work
of remodeling the old public school
building for hospital purposes will be
started shortly. Bids for the remodel
ing are now being received by the Eu-
faula Hospital Association.
The need of a hospital here was clear
ly demonstrated by the recent fatal
wreck on the Central of Georgia Rail
road.
THE WEATHER.
Forecast for Atlanta and
Georgia — Generally fair
Thursday and Friday, i
Let the Record
of Results Be
Your Guide
Every mail brings evidence of
quick and satisfactory results re
ceived through Hearst’* Daily
Georgian aJid Sunday American
"Want Ads." •
TH18 "WANT AD”
FOR
BALE— Turkeys
St
17e
per
pound. Write A.
C.
Me-
Leod,
Jr., Quitman, Ga.
appeared in three Issues of
Hearst’s Daily Georgian.
HUNDREDS OF LETTERS
similar to the following are on
file in our office:
Quitman, Ga
The Georgian Company.
Dear Sirs Inclosed find cheek
In payment for the ad you put In
your paper I must say that I am
well pleased with the results.
Yours truly,
A C. M’LSJOD, n.