Newspaper Page Text
w
ill)-. AJ l,AM A A A \) MU
IMft CHARGES
Wise Rat Catcher
Tells‘AIT in 25
\\ ords
;'TON. Im
the New V
u Mayor Ha:
i aa a jihlloi*
j. «'haJ ies M.
•rk rat ratchi*r
nor made fa-
uht-r. Nilyu that
Defense in Plea to High Tribunal
Scores Judge for Not Clear
ing Courtroom,
Continued From Page 1.
iajtguatfe clearly allows that he may
have overruled the motion reluctant
ly, but. to use his own lanpua^e, ‘The |
Jury v, aa convinced. Th* re wan no |
room to doubt that,' and be further !
ways that he felt it his duty to order
that the motion for a new trial be
overruled, and lie did “
Herbert J Haas, of vounoel for J
Frank, Friday hied with the Clerk of
the Supreme Court the defense's brief
and argument, together with Solicitor
Horsey*• acknowledgment of service..
The brief of evidence, consisting of
about 600 pages, probably will not be
• ompleted until Monday. The defAiw
also later will file a reply brief in an
swer to Dorsey’s brief and argument
which reviews the case with unusual
thoroughness from start to finish.
Counsel for Frank, In the brief
nnd argument, greatly amplify ‘he
Charges of u “mob trial.*’ which
they assert heir client received, anil
assert heir accusations that Judge
Roan’s conduct of the case was
marked by indecision and lu- k of
proj>er flrmne-**
The hearing before the Supreme
Court is set for next Monday. The
Frank case i» the eighteenth on the
calendar and probably will be reached
during the day.
The argument prepared by Frank’s
lawyers contends that Judge Roan
exhibited weakness in failing to clear
the courtroom during the demonstra
tions that were made against the
prisoner and in behalf of Solicitor
Dorsey, who vas conducting the pros
ecution.
Should Have Been Mistrial.
Further, it Is argued that the only
just course lett open to Judge Roan
when the crowd wildly cheered dur
ing the polling of the jury was to
send the jury back to its room or
then and there declare a mistrial.
The stand of the defense is that the
verdict ia not complete until every
member of the jury ha* been polled,
and that if any man had posseted a
mind to dissent from the verdict he
would have been frightened out of
his intention by the riotous demon
stration against Frank that was In
progress outride.
‘ Can the court doubt that this was
n mob trial rather than a jury trial?”
it is asked in the argument “Cau
the court doubt that the heated pas
sions of these lawless people who In
vaded the courtroom and who packed
the streets and who let their feelings
come to the surface so plainly, influ
enced and drove this jury into this
verdict ?
“The rule is well settled that it is
the duty of the court to protect the
jury from the inlluence of demon
strations by the public. If the judge
has tailed to exercise this duty to tho
proper extent, and the appellate court
t an see that injury probably has been
done, then the judgment will be re
versed.
“Trial One by Public."
‘ The truth is that the conduct of
the audience, continued and repeated
as it was without any firm action or
rebuke by the court, made the trial
practically one by the public.
“It is better to have a man tried
straight out by the mob than to have
him tried in court and have the jury
influenced and intimidated by the
jnob. If the mob i» to try the pris
oner, the court should wash its hands
‘•of tHe matter altogether
“In this case Judge Roan should
have cleared the courtroom. He
should have summoned sufficient force
*o keep the crowds from collecting m
the street. He should have punished
to the extent of the law, by imprison
ment, every person applauding ami
stamping his feet and crying out in
the courtroom, and. finally these
meta-sures falling, he should have
granted a mistrial, and have held th* 1
trial at a time and place when it
would be free from such unseemly
influences.
“The turn which this ease took un
der the evidence of tin negro Jim
Conley, who testified to acts of per
version, brought this case squarely
under section 58S5 of the Code of
Georgia, as a case where the evidence I
was vulgar and obscene and tended
to debauch the morals of the young,)
and the judge had the right, either in j
his own discretion or on motion of
either side, to clear the courtroom
•from all numbers of the public.
“That Judge Roan did not meet the
•OcCsgriop with sufficiently drastic ac
tion is held, we think, by .* number
<»f cause**. Judge Roan never once took
my action, but merely stated in
very mild wav what he would do ii
the disturbance.': occurred again He
id monished the » rowd once or twit e
[hat he would clear the courtroom
but -the < :*turdames were repeated
hat
pack all the knowledge ner -
to human progress and
icrs in Z» words. When this
statement was repeated to Dr
Charles W. iCliot to-day the edu
cator smiled and Raid
“// / xh*)ul<l tii4'ft thr rat eatch-
*r jtkiUttophiT / skuold /into to
admit hr ha* dm It nni five-foot
If tin hardent Utoir of oil."
Frey's epitome of human prog
ress is as follows:
Know thyself.—Solomon.
Consider the end.—Chilon.
Now thy opportunity.—Pittacu6.
Most men are bad.— Bia6.
There is nothing impossible to
industry.—Per la ndsr.
Avoid excesses.—Cleobulus
Surety in the precursor of ruin.
—Thales.
to h
i*ranicntally none too f:
rd * apltallatlc* employer#*,
V© i t*. * ' th** word t»» go
* ciicur»i.«pt.ctly at leant .
Ainer - i'k trouble* arc to a <
ruble extent mental. Duck of
n**:e i* .it the bottom of much
urrvnt deprcuslon.
ntifl •
* our
nothing could i>© more important than
the utmost freedom of action white |
this action Ik tukin~ place.
“The demonstrations of the crowd
are .jurt ax effective, or probably more
so, In resulting In injury to the pris
oner during the polling of the ver
dict as during th«* trial of the ca*o
in court. A more critical time for
ttie Jury to be free from outside ln-
fluencoH can not Ih» conceived than
while they are deliberating in the'r
room and while they an being polled.
“This jury, while deliberating on
one of th< top floor.** o the building
at the conu-i - of Hunter nnd Prjro**
Htrcctf*. wa \ doing ho In the fac^ of
at crowd thronging Hunter
and Pryor sticet.H Just below them.
A mere look out of the window would
li vo db closed the scowling farce of
the inob.
Say Jurors Were Afraid.
“Can it be .said th: a jury Ii«»h
any freedom of action under such
ciroumHtanoeFV Were they not afraid
for their very live*?
“And when thus Intimidated into a
verdict, uh they must hav*» been,
ought not some man who had a little
more courage than the rest l»e al
lowed to recant if he wished to do so
while the poll in? was taking place?
The i\erve of some man may have
returned to him while the judge was
polling them, and he could have th*jn
arrested the verdict.
The judge* certifies In reference to
this ground that while ho was polling
the Jury the disorder In the street i
and the applause at the rendition of j
this verdict was so great that lie
coul4 with difficulty hear the answer** ,
of the Jury.
“Is It not child’s play to say that
th** Jury did not hear and understand
this?”
Throughout the argument bitter at-
tacks are launched at the manner in
which Solicitor I>orsey conducted the
prosecution He is charged with
warping and misrepresenting the tes
timony and arguing from supposed
facts concerning which there is not a
line of testimony in the record.
The Solicitor is represented an
grossly unfair in arguing that Frank's
wife, because of her failure to visit
him for a few days after his arrest,
had a consciousness of his guilt.
“Her consciousness, one way or the
other, us 1.. the defendant’s guilt, was
wholly Inadmissible and immaterial,’’
says the argument. “In the first
place, she could not testify. In the
second plat e, if she could have testi
fied. the law would not for a moment
have allowed her to express any
opinion about the defendant’s guilt or
innocence, or state what her con
sciousness was.
“And yet the Solicitor General puts
the defendant's w ife in the attitude of
testifying before the Jury that the de
fendant is guilty by arguing, in ef
fect, that the failure of the defend
ant’s wife to visit him at the station
house indicated that the wife was
conscious of the defendant’s guilt.
“The argument was not warranted
by the evidence or by the law.”
Franks lawyers also took strenu
ous exception to Dorseys insinua
tion tnat physicians were called by
the defense as expert witnesses be
cause they happened to be the fam
ily physicians of certain of the
Jurors.
“It is difficult to conceive of an ar
gument more unfounded and more
unwarranted and more unjust th&n
this.” they complain. “It put the de
fendant. without a word of evidence
to sustain it. in the attitude of put
ting up physicians who were physi
cian*! for some of the jury and there
by attempting to Influence them un-
j duly. It tended to prejudice inem-
I bers of the jury against the defend-
! ant. The Solicitor’s statement that
he was justified In making this argu
ment because none of the defend
ant's witnesses was a stomach spe
cialist is no ground for this argument
ut all.
“That they w ere not stomac h spe
cialists may have weakened their
testimony us experts, hut it did not
warrant any specific Inference that
any of these physicians treated mem
bers of live Jury, and that they were
put up with that motive.
“Moreover, several of the witnesses
put tip by tlie defendant were stom
ach specialists, notably Dr. Bach
man.”
2 Celebrated Arias
On Concert Program
Forbes Sees Hopeful Sign and
Urges Caution in Radical
Legislation.
By B. C. FORBES.
Capital is becoming slights 4e-R
distrustful of Washington.
• • *
Perhaps it would ,>e more accurate
to way that capital in more hopeful
that Washington will realise the dir©
necessity tor refraining from aggra
vating matters by turning the busi-
n©s»* world. .1'ready s'.-.k* topsy
turvy.
* * •
For the sake of all those dependent
for a living upon their daily toil, it
in earnestly to be hoped that this
more cheerful feeling will prove to
have be* n Justified.
* * •
X_> 1 ©capitulation of f.h? man;, un
pleasant features of the economic sit
uation in this country and through
out the world should be necessary at
this lute day. The Administration was
forewarned months ago that things
were drifting into a dangerous state
ami President Wilson whh urged to
act with restraint in dealing with the
country's corporatlons.
» * «
Intimations are now filtering in
from Washington that the President
is alive to the delicate conditions pre
vailing here an I abroad It is under
stood he is not anxious to go to ex
tremes in upsetting things still fur
ther at this time. Home of his ama
teur. short-sighted, spite-inspired
ministers were chafing, like a pack
of 1 canned hounds, to be turned loose
upon business interests, against whom
they fancied th©\ had a grudge. But
Mr. Wilson, although without an
ounce of btusines experience and
Gould ran fid once l>© restore .', the
lilted States would unquestionably
tnhi th«* lead in raining the industri >
nations of the world from ti.e slough .
of despond.
• * •
Will the Wilson Administration lv*
to its opportunity, will it sink per
sonal prejudices, will It pupplunt an!- J
moulty with magnanimity amt strain |
every nerve to end depression ami
restore prosperity?
* - *
j The on© consideration which must |
guide every wellwlsher of the masse*?
1 to-day is: How can an ere of ftp- :
‘palling unemployment, of acute diw- !
; reus, of widespread destitution \h i
averted V
• 09
The new tariff has proved no pana
cea. to use very mild language. The !
kind of currency legislation the poli
ticians me determined to pass* will <
probably prove equally disappointing.
' at least at the outlet.
• • •
If on top of this every anti-corpo
ration zealot at Washington be al
lowed to run riot, then 1914 will not
be a pleasant year in the history o 1
the United .Stater.
• 09
The new ye^r will start wit.i sev
eral hundred thousand of workersoul
of ernploymen 4 . Will the Democrats
fulfill the expectations of tiioir ene
mies by so acting that this number
will be unconscionably multiplied
month by month?
0 9 •
“How is it that every time the
Democrats win people begin to lose
their jobs?” an old lady of the work
ing class asked me the other day.
Several of her friends are already
feeling the pinch—hence the question
came from her heart, not merely from
her lips.
I IN i 8 COLLEGE
FRESHMEN
PEHEEGT
Chicago Instructor Makes Test
Following Eastern University's
Startling Discovery.
I
The problem before the Adrrrnis-
1 tration will not be easily solved. This
problem is: How can abuses in the
business world be eradicated without
plunging the millions of workers into
poverty and hunger?
• • •
Signs are coming to hand daily that
many important men of affairs are
now anxious to men j their ways—the
publicity policy adopted by the new
head of the New Haven is one en
couraging straw showing how tho
wind has begun to blow.
f *HI< ’AGO, Dec. 12,—Tiio perfect
man is a rarity at the University of
Uhicugo. In fact, he ie not far from
undiscoverable, at least in the fresh
man class, according to Dudley B.
Ueed, physical instructor at the uni
versity.
Dr. Reed said to-day that out of
J90 freshmen — co-eds excluded,
pkiase— at the university, less than
10 per rent could come under the
classification “physically perfect.”
His investigation was made follow
ing a report from the University of
Pennsylvania that of the 1,256 men
In the freshmau class there, only 97
were perfect.
“About the same average will hold
good here,’’ Dr. Reed declared. “I
have found that 92 out of 390 here
use tobacco, 16 <>f whom are habitual
users of the weed, 81 wear glasses. 6
nn* color blind and 13 have organic
defects which prevent them from do
ing active gymnasium work.
“The scale of physical perfection
declines in the mass with each class,
the senior class usually presenting the
lowest average."
Other statistics relating to the phy
sical perfection of the average Uni
versity of Chicago freshman were
withheld by Dr. Reed. These Include
digestive and skin disorders, round
shoulders, uneven shoulders, flat
chests, flat feet and -other defects.
MRS. KING WINS AGAIN.
Mrs. Bertha King again won her
contests with W. M. King last night
at th*' Merchants and Manufactur
ers’ Club. In the continuous game,
with a handicap of 75 to 4b. Mrs.
King won 40 to 53. In the 15 to no
count against 50 to no count game
Mrs. King won three frames out of
five.
mim mi
far the BUSY HOUSRWE
BROYLES’ Specials
Yellow Yams 25c pk.
25 lbs. Sugar $1.18
No. 2 can Tomatoes 6c
;i lbs. Head Rice . . . T . 25c
Picnic Hams 12 l-2c
Florida Oranges ....
.... 12c, 15c and 20c doz.
Argo Salmon 15c
Magnolia Flour ... G9c sk.
Our new store at 8?0 Peachtree Street.
63 E. Hunter St
211 Whitehall.
58 Lee Street.
66 Carnegie.
234 Courtland St.
830 Peachtree.
For a Good Sunday Dinner
Phone Main 2127-28-29-30,
Atlanta 541.
Only the Highest Grade
Groceries and Meats.
J. H. BULLOCK
9 W. MITCHELL ST.
Our Best Salesman—
QUALITY.
We have placed our orders for
Christmas Turkeys. Put your
order in early and get the best.
CHELENA S CEFALU
MARKET
64 North Pryor Street.
Phone Bell Ivy 151. 4050, Atlanta
106.
KENNYS
SPECIAL HIGH GRADE is
the best 25c Coffee on the
market. Try a pound. All
coffees fresh roasted and
around.
Souvenir for Saturday:
A TRUMPET.
C. D. KENNY CO.
82 WHITEHALL ST.
Phones: Main 559. Main 200;
Atlanta 559.
tii
■ **ourtr
Ting t
oeng
“Ii
ing t
m f;
th© d
* While
the argilrr
r v. a*lea n
*-mon»tra;
-n; ki\
The* Alkahest Lyceum System Fri
day night *\ ill otter at the Tabernacl®
auditorium convert three celebrated
women artists Mine ura« • Hall fti-
aUltoi soprano Miss Mary Doni-
s*>n CJailey. violin-virtuoso, and Miss
Ruby Askew, pianist.
The program wiU 1h* of ' ie brfs;
'music, but not too highly classic.).
.Mine. I; . laffer will sing an arM
i ♦Torn U Ti'*vatore.’’ tile aria. “Ac
foiV • : ii" l'mm •Trauata” and ’he
Roch Gounod “Ave Marla" u* a vio
lin obligato by Miss Gaiiey.
Before You Do Your Saturday Shopping Be
Sure to Visit the
FORREST MARKET
Ivy tSIi
Atlanta 269
117 N'. Pryor Street.
Opposite Candler Uldg.
VYv i-iiiT\ « full lino of first-class Groceries, Fresh Aleuts.
*o.iItrv. Fish and select Oysters.
li' quality is what you want—our prices will suit you
THISWILLHELPSOME
In reducing that high
cost of living
Fish
Pompano
Mackerel Halibut
California Salmon
Smelts Red Snapper
Black Bass
Trout Bream
Snapper Throats
Perch Whitefish
Sheepshead
Shrimp Lobsters
Oysters in Bulk
Norfolk Selects and Stews
New York Counts
(in Shell)
Biuepoints Rockaways
York Rivers
Diamond Back Terrapin
Poultry
FULTON MARKET CO.
25 and 27 E. Alabama St.
B.fh Phones
EAT
TIP-TOP
BREAD
Ai all Grocer?.
jury is a substantial ri
amounted to nothing in this c.».*
taua of ihe demons'ration which r
only overawed Lie jury, bui mad*,
almost •npos'ribit for the court
"A \erc..: no: complete v. . cu
»• ;raa in cou: t It if only comph
H f :er the jury i> in-i’ed. f£ver> ju:
Chattanooga Pastor
Goes to Nashville
< ! i.vn aNO< IGA De
Re\. Allen F’ort, raslo' of the Bap
tist Tabernav © ’ ere. ha* accepted a
call to riie Fd;i Baptist Chun.!' of
N »t* 11 n j r. e.
T e Rav M I'o; .-me i.e.c : om
' 'uei'.yij*. D.J., b(*iu» el (*HG time tk>-
FARM PRODUCTS CO,
rj0 SL Prvor Street.
Mam 3A0Z.
Atlanta 815.
Guaranteed Egg* 45c doz.
Dressed Hens ....... 30c lb.
Dressed Fryers •• 25c lb.
Dressed Ducks 2J 1*2c lb.
Dressed Geese 'ic lb.
Dressed Turkeys .20c lb.
Fresh Country Butte; .5Ql lb.
If you can't come by. <e euhone
us your order.
Watch the
Market
Basket for
I Guaranteed Fresh Laid New
* Crop
s
argauo
Absolutel y
liouiitry fresh
laid eggs. Guar
anteed uot to
contain a siugle
storage egg.
No ll) Silver Leaf Lard. SI.25
CASH GROCERY CO
118 Whitehall.
Men and Religion Bulletin No. 88
“HE CALLETH YOU”
“The Kingdom of God
is come
Nigh unto you.” Luke 10:9
Are you poor?
Does poverty pinch and press?
Jesus became poor—He endured the cross for you.
For you, first of all, good news. He bids you come.
YOU SHOULD GO.
But you—you are rich? Of this world's goods you have enough
and more?
To you, He is saying:
“Take up your cross and follow me.”
You should go.
If you are in sorrow, He knows your grief.
God sent Him to heal the broken-hearted.
Are you blind?
Think well.
God’s word once appealed; His truth was clear; to-dav, you say, it is
meaningless to you; your eyes are sealed. When a child, you knew your
Father’s love. Now you do not feel—you can not see.
You are blind. He calleth you.
YOU SHOULD GO.
He will restore your sight.
You are weary?
You feel beaten and buffeted down in the battle of life—bruised—
Yea, and you—
You, who have conquered in your fight for material success —
You are scarred and bruised.
Men may not see the marks.
But you and your Father see and know the cost.
Oast all of your anxiety upon Him and come.
“He caxeth for you.”
YOU SHOULD GO.
Your Father is saying:
“Come now, and let us reason together—
“Though your sins be as scarlet, they shall be as white as snow;
though they be red like crimson, they shall be as wool.”
He has promised.
Him that cometh unto me, I will in no wise cast out.”
“All we like sheep have gone astray; we have turned every one to his
own way:
"And the Lord hath laid on him the iniquity of us all.”
To day He pleads:
“Come unto me.”
He calleth you—He calleth us.
Sunday, the uoors of His church—your church—our Father’s house
will open for you and us.
WE SHOULD GO
You should go.
Come and go with us.
Your Father is calling you horn*.
EXECUTIVE COMMITTEE OF THE MEN AND RELIGION
FORWARD MOVEMENT
"
fj
W
$
fi