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VOL. XII. NO. 113.
ATLANTA, GA., THURSDAY. DECEMBER 11,
1913.
0
Copyright. 1906.
By The Georgian Co.
9 PFYrrro PAY NO
- V LiMa MORE.
— r
final!
TENER TO RUN LEAGUE, HE WARNS
.Trial Judge Termed “Vacillating”
by Defense Attorneys—Hear
ing Likely to Start Monday.
Sever© 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
case will be ready to re-engage in a
bitter legal battle which had its be-
gn ning on July 26. when Frank's trial
was started.
Judge Roan Criticised.
Judge Roan is characterised in the
printed argument*>of the attorneys as
"vacillating” in his conduct of the
trial at many times, and his action in
refusing a new trial is described as
indefensible, in view of his openly
expressed doubt of Frank’s guilt.
The argument on this particular
phase of the appeal to the Supreme
Court concludes with numerous legal
citations designed to show that Judge
Roan was shirking a plain duty when
he refused to take the burden of a
decision in the matter. Several of
the citations quote the Supreme Court
a* saying that when the trial judge is
assailed with doubts as to the justice
of 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, keeping 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 diarretion
which it Is his solemn duty to ex
ercise.
"It is of course true that in de
termining whether the court had ex
ercised or failed to exercise his legal
discretion, this court will look solely
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
i court 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
set out in the bill of exceptions.
"In determining just what was the
Judgment of the court in overruling
the motion, this court will look to the
whole record. If the record itself
and the bill of exceptions are incon
sistent, of the two 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 bu
the recitals of the bill of exceptions
as well.
Had No Conviction.
"In doing so there ran be no doubt
that Judge Roan did not * anc *“ y
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
consistent wdth that settled con
tion which the trial judge ought to
possess in denying a motion for ne
* trial
-He was not thoroughly convinced
that Frank was guilty; he m "»•
v thoroughly convinced that he
* nocent; he did not have to hr
vinced; conviction was not a P
his duty; that was the province
New Head of National League De
clares He Will Deal Fairly
With Every Problem.
Will Be Permanently Associated With The
Atlanta Georgian and Hearst’s Sunday
American.
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 conse nee. He will
stand for Mr. Hears: 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 hae 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
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. Hearst has great ambitions
for The Georgian and The Sunday
American. I shall strive to help him
realize th*m completely."
Mrs. Graves and the children will
not return to Georgia until later in
the winter, and perhaps not until
spring.
NEW YORK, Dec. 11.—Governor
John K. Tener of Pennsylvania, the
r-.ewly elected president of the Na
tional 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.
"I Intend to be the real president
cf the league,” declared Governor
Tener at the Waldorf to-day. "Be
fore I accepted the position I ex-
j acted promises from club owners
that I should have full authority as
executive of the league, and I am
going to conduct all affairs accord
ing to ray ideas of Justice and good
Judgment.
"I am not going to be. hampered or
handicapped in any way.
Will Neglect Nothing.
"The demands of the Players’ Fra
ternity have been referred to the
National Commission, which will
consider them at their next meeting
in Cincinnati on January 6. 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. Tt is not a trust.
Baseball has to be organized or it
would go to pieces.
Praise# Reserve Clause.
"The National League is not trying
to strangle competition. It is just
protecting its 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 States the
best kind of baseball possible.
"If it were not for the reserve
; clauses several rich clubs might bo
able to pick up all the stars through
offering 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 by
the magnates at their meeting to
day.
the jury; they were convinced and
their conviction was to determine
tho matter, although he was still un
convinced.”
The documents which are to be
submitted to the Supreme Court are
mid by lawyers to be the most vol
uminous ever filed in Georgia in an
appealed rase. .
600 Pages in Brief.
The brief of evidence alone consists
o,’ about 600 large pages with type of
ordinary size.
The arguments and narration of
the facts of the case consume an
other 389 pages, and the original mo.
tion for a new trial, the amended mo
tion and the Judge’s charge make up
another book of 159 pages. The total
is approximately 1,100 printed pages
The case of Frank vs. the State l»
listed eighteenth on the calendar of
th * Supreme Court and will be reach
ed Monday, in all probability, the
others being lostly from other
p irts of fi e state, whi h u ill not be
hrougti the briefs sub-
rrgueA except th:
mill. V
HITS POLE 10
AT CHARLESTON.
FIRST—Five furlongs; Amoret,
106 (Buxton), 8, 8-5, 1-2, won; War
bler, Ill (Burlingame), 1-2. 1-4, out,
second; Kiva, 96 (Ward), 15, 4, even,
third. Time, 1:15 3-5. Also ran: Ann
Tilly. Loan Shark, Cherry Seed.
SECOND—Seven furlongs Young
Emblem, 108 (Nlcklaus), 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
(Skirvin), 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), 60, 15, 6, third. Time,
1:08 1-5. AIbo ran: Samuel R. Meyer.
Sherw’ood, 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. 4-6, 1-3. second; Ralph
Lloyd, 102 iMcTaggart), 9-2, even, 1-3,
third. Time. 1:44 1-5. Also ran: Jac-
quelina, Earl of Savoy.
SIXTH—Mile: Marshon. 107 (Mar
tin). 5, 9-5, 4-5, won; Master Jim, 102
(Deronde), 16. 6. 8, second; Pierre
Dumas, 107 (Keogh) 9, 3, 6-6, third.
Time. 1:43 1-6. Also ran: Feather
Duster. The Busy Body, Flying Yan
kee, Toddling, Chester Krum.
AT JUAREZ.
FIRST—Six furlongs: Rockdale.
115 (McIntyre), 2, 4-5, 2-5, won; Hazel
C., 110 (Glaver), 6. 2. even, second;
Trojan Belle, 102 (Dlsman), 5-2. 4-5,
2- 5, third. Time. 1 13. Also ran:
Ave. Lady Bender, Beda, Helen Haw
kins, C. W. Kennon.
SECOND—Five and half furlongs:
Ormonde Cunningham. 108 (Taplin),
12, 5, 6-2 won; Coo’., 108 (Groth), 3.
even. 1-2, second: Nila, 108 (Dryer),
40, 15, 6. third. Time. 1:05 3-5. Also
ran: Peter Grim, Nifty. Chanticleer,
Mandadero, Bubs.. Gilbert Rose.
THIRD—Mile and a sixteenth:
Kelsetta, 103 (Claver), 6, 8-5, 7-10.
won; Ivord Elam, 103 (Benton), 6.
8- 6. 7-10, second; Jack I^axson. 108
(Gioth). 8-5. 7-10, out, third. Time,
1:47. Faleada, Defy and Sleepland
also ran.
Race Entries on Pag-e 2.
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 neero was fined $10.75. when it
was shown that he had violated Su
perintendent Lyons’ instructions in
the application of fuel.
6-Day Cyclists Are
Ahead of Records;
Leaders’ Tie Broken
MADISON SQUARE GARDEN,
NEW YORK. Dec. 11.—In a series of
terrific sprints which continued
throughout the eighty-eighth hour,
the tie which had existed between the
eight leading teams for 48 hours was
broken this afternoon and the teama
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 mllga. and at
4 p. m. had covered 1,742 miles.
Scores:
Breton-Perchicot 1742
Verrl-Brocci 1742
Root-McNamara 1742
Halstead-Drotnach 1742
Fogler-Goullet 1742
Hill-Ryan 1742
Clark-Grenda 1741.9
Lawrence-Magin 1741.9
Carmen-Cameron 1741.9
Walthour-Collins 1741.9
Mitten-Thom Jb . . 1751.9
Applehans-Packenbusch 17419
Hansen-Anderson 1741.8
Corry-Walker • 1741.8
Kopsy-Keefe 1784
At 5 p. m., the eighty-ninth hour,
the seven leading teams had covered
1.764 miles. 23 miles and 6 laps ahead
of the 1912 mark.
THE WEATHER.
Forecast for Atlanta and
Georgia — Generally fair
Thursday and Friday.
Attorney Watt Kelly Is Injured.
Three Companions Escape as
He Wrecks Car.
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 his chest and knee
cap. With him were Herbert Ferrell,
manager of the United Building Com
pany; Edward O'Belme, a partner
with William H. 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 was driving
on the left side of the street, running
alongside of an Auburn avenue street
car. Rhett, rounding a curve in Au
burn avenue, was confronted with the
other car, which was bearing down
upon him.
With a quick turn of his wheel, he
sent his car into the pole. The other
automobile drove on past, 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.
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 and misdemeanors In that he had
"bootlicked" and that he had "insulted"
the class and demeaned himself in a
manner unbecoming his official position.
FAIR PAYS 40 PER CENT PROFIT.
GADSDEN, ALA., Dec. 11—W. R.
Bradford has been elected president of
the Marshall County Fau Association,
succeeding Thomas E. (Trr A 40 per
cent dividend was declared this year.
MEXICO CITY. Dec. 11.—The Fed
eral* have retaken Torreon and Go
mez Palacio, according to an official
dispatch from General Velasco, given
out by tho War Department this aft
ernoon. The general wires that eight
battles were fought, and that between
600 and 600 rebels were killed. The
Federal losses were not stated.
LANSING, MICH., Dec. 11.—George
W. Nichols, representative of the At
torney General, hae wired from Calu
met asking Governor Ferris to rush
more troops to the copper strike zone
in the upper penisula. In hie 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., Dec. 11.—Deputy
Sheriffs are busy to-day making ar
rests in connection with the Gary
election day riots indictments. One
arrest, that of Romeo Fitzgerald, was
made at noon. Fitzgerald, who is the
; son of the late "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 DeWolfe, 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
eoch opened in earnest to-day un
der the leadership of prominent Bos
ton women. The movement, whioh
was started by Mrs. Barry, wife of
the Lieutenant Governor-elect, has
gained widespread support and Mrs.
Barry das been ohoson head of the
United Housewives’ League.
BERNE, Dec. 11.—Dr. Arthur Hoff
mann, of St. Gall, was to-dsy sleeted
president of the Swiss Confederation
for 1914. He 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 limited
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
havo absolute jurisdiction over the
national highways.
NEW YORK, Dec. 11.—Crossing
Park Row this afternoon, Frank Rosa,
an 18-year-old newsboy of Brooklyn,
W8« run down and injured by the au
tomobile of Mrs. Alexander P. Moore,
wife of the Pittsburg publisher, form
erly Lillian Russell, the actress. Tho
boy was taken to a hospital.
WASHINGTON, Dec. 11.—Thomas
E. Fletcher, of Foreyth, Ga., was to
day appointed a national bank exam
iner for southern Georgia and Florida.
Mother Saves Child
Who Set Home Afire
ATTEMPT TO
IS MADE
Powee'r Company Attorney Call*
Attention to Discrepancy in
Elektron Receipts.
SEE NOTED STARS;
HELP XMAS FUND
Everything is in readiness for the biggest show in Atlanta’s
J theatrical history—the All-Star Matinee for the benefit of the
Empty Stocking Fund at the Atlanta Theater, Friday, Decem-
: her 12, at 2:110 p. m.
Robert Edeson, Wilton Laekaye, Max Figman, Rose Cogh-
lan, Lolita Robertson, Lydia Dickson, of “Fine Feathers;’’
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 the poor
youngsters of Atlanta have one merry Christmas.
Get your tickets at the Atlanta Theater right now. Orches-
tra. $1 : entireibalcony, 50 cents; gallery, 25 cents.
Nellie Harris, a 6-year-old neffro
girl, 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 safety. The roof of the
house was burned off, and tho 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
set the building on fire.
Sues Wife, Who Made
Odd Bed Regulations
Charging that his wife made life mis
erable for him by many strange acts
of cruelty, one of them being the re
quirement that he lie at a certain angle
In bod while sleeping. Ludwell J. Sacrey
has brought suit for divorce from Mrs.
Anna Sacrey.
He further charges that she would not
let him read as much as he wanted to;
that she kept the house In a disordered
condition; that she kept pictures of
strange men In the hou«*e. To prevent
him from taking the child for a walk
on Sundays, h** charges that she/would
smear the child with dirt so £iai It
would not be presentable.
City Electrician R. C. Turner un
derwent a grilling cross-examination
by Attorney Aldine Chambers, repre
senting the Cotton States Electrio
Company, Thursday afternoon with
the resumption of the investigation
of charges of unjust discrimination
made against Turner by the com
pany.
A strenuous effort was made by the
attornev to show that Turner used
money paid him by the Elektfom.
Company, an organization of elec
trical contractors, for other purposes
than campaign expenses, as the city
electrician alleged.
Receipts Introduced by the defense
purporting to' be for funds paid out
during the 1912 campaign were as
sailed by Attorney Chambers.
Dates on Receipts Differ.
"It is my intention to show that
these receipts represent money other
than that paid by the Elektron Com
pany to Turner.” the attorney said
Comparisons of the dates on the re
ceipts with those appearing In the
records of the Elektron ompany,
which the city electrician was shown
to have been paid money by that as
sociation, did not coincide.
"This fact,” Attorney Chambers
Turner did not use the Elektron
said, "Is significant of proof that Mr.
money for campaign expenses, in my
opinion.
"I would ask you, Mr. Turner, to
show the committee receipts for the
association’s money which you ex
pended for campaign expenses.” the
attorney asked.
Can Not Recall Receipts.
"1 do not recall whether the re
ceipts introduced here are those, or
not.” replied the city electrician. "I
can not remember back that far."
F. V. L. Smith, an electric supply
man, took the stand as an expert
witness and gave testimony in favor
of the defendant.
Smith Did Same.
It is the contention that Turner
acted out of prejudice against th«
Cotton States Electric Company in
tearing out electrical appliances
which that concern had placed In the
Hurt Building.
Mr. Smith testified that had he
beer, in the City Electrician’s posi
tion he would have been forcedact
as that official did in the matter to
determine whether the appliances
were properly adjusted.
It is probable that the inveatiga
fieri will be finished with Thursday
afternoon's session.
Underwood Rapped
In Speech Delivered
By Hobson in House
WASHINGTON, Dec. 11.—With agl-
leries packed, Representative Hob
son, of Alabama, began in the House
late this afternoon a speech on tem
perance and in support of his bill
for nation-wide prohibition.
A dramatic incident which electri
fied the House and galleries occurred
when Hobson referred to Majority
Leader Underwood, his opponent for
Senatorial honors in Alabama.
"Let our party fully understand the
war Is on," Hobson said, "and I want
now to call attention to the statement
of one of the leaders of our party,
who. in a sense speaks for it. at
Dothan, Ala. He Is quoted as saying
that if prohibition continues to be in
jected into Democratic politics, either
prohibition wll be ground nto dust or
else the Democratic party will die
The Majority Leader in calm, even
tones replied:
"I regret that in presenting the pe
tition of ills people to this Congress,
and during his splendid oration, the
gentleman rom Alabama has turned
to his use here in this body a partial
statement which misinterprets what I
did say. At some othe rtlme and at
some other place I will better In
terpret my remark. The gentfemaw
has not done so,'