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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.