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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