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ULU OVER 100,000 THE SUNDAY AMERICAN’S NET PAID CIRCULATION 7 /ie A ationalSouthern Sunday Newspaper The Atlanta Georgian Read for Profit—GEORGIAN WANT ADS- Use for Results 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,'