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TTTF. ATLANTA GEORGIAN AND NEWS.
UPPEflL CHS
Wise Rat Catcher
Tells‘AIT in 25
W ords
OF
3 FESN
WILSON IS
FRANK Jill!
Ti(>
Defense in Plea to High Tribunal
Scores Judge for Not Clear
ing Courtroom.
Continued From Page 1.
lanRU.ijfe clearly nhow* that ho may
have overruled the motion reluctant
ly, but. to u»e his own laniruage. ‘The
jury was convinced. There whp no
ro«»m to doubt that,' and he further
says that he felt it his duty to order
that the motion for a new trial be
overruled, and he did.”
Herbert .1 llaas, of < ounwel for
Frank, Friday filed with the (*lerk of
the Supreme Court the defeiiKe's briei
nnd areument, togrether with Solicitor
I>iteey'p acknowledgment of service.
The brief of evidence, consisting o|
aboitt 600 pages, probably w ill not be
oompleted until Monday. The defence
also later will file a reply brief in an
swer to Dorsey’s brief and argument
which reviews the rase with unusual
thorouRhnef*s fr<»m start to finish.
Counsel for Frank, 1n the brief
and argument, greatly amplify the
charges of a “mob trial," which
they assert heir client re(*-lved, md
ass-ert heir acruwitlons that Judg*
Roan's conduct of the case wm
marked by indecision and laxk of
proper 11rmness.
The hearing before the Supreme
«'ourt is set for next Monday. The
.(•Yank case ist the eighteenth on the
. alendar and probably will be reached
during the day.
The areument prepared by Frank’s
lawyers contends that Judge Koan
exhibited weakness in failing to clear
the courtroom during tiie demonstra
tions that were, made against the
prisoner and in benalf of Solicitor
Dorsey, who was conducting the pros
ecution.
Should Have Been Mistrial.
Further, it Is argued that the only
.lust course leit 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 is not complete until every
member of the jury has been polled,
and that if any man bad possessed u
mind to dissent from the verdict he
would have been frightened out of
his intention by the riotous demon
stration aguinet Frank that was In
progress outside.
“Can the court doubt that this was
a mob trial rather than a Jury trial?**
jt is asked in the argument. “Can
the court doubt that the heated pas-
Fiona of the*** lawless people who in
vaded the courtroom and who packed
the streets and who lot their feelings
come to the surface so plainly, influ
enced and drove thin jury into this
verdict?
“The rule is well settled that it is
the duty of the court to protect the
jury from the influence of demon
strations by the public. If the Judge
has railed to exercise this duty to the
proper extent, and the appellate court
can see that injury probably has been
done, then the judgment will be re
versed.
"Trial One by Publis."
“The truth is that the conduct of
the audience, continued and repeated
as it was without any Arm action or
rebuke by the court, made the trial
'practically one by the public.
“It ic 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
mob if the mob i* to try the pris
oner. the court should wash Its hands
of the matter altogether.
“In this case Judge Roan s.muld
have cleared the courtroom. He
t^ould havo summoned sufficient force
to keep the crdvwa from collecting in
the street Ho should have punished
to the extent of the Jaw. by imprison
ment, every person applauding and
mumping his feet and crying out in
•he courtroom; and, finally. these
measures failing, he should have
granted a mistrial, and have held the
•rial at a time and place when it
would be free from such unseemly
influences
“The turn which thia case took un
der the evidence of the negro Jim
Conley, who testified to acts of per
version, brought this case squarely
under section 5885 of the Code of
Georgia, as a case where the evidence
was vulgui and obscene and tended
to debauch the morals ol the young,
and the Judge hud the right, oilier in
his own discretion or on motion of
either aide, to ileitr the courtroom
from all members of the public.
“Teat Juuge Roan uid not me- t the
Otvarion with »ufl)civntt> drastic ac
tion is held, we think, by ;t number
of vases. Judge Roan never once took
any action, but merely stated in a
very mild wu> what he would do it
- the disturbances occurred again, lit
admonished trie crowd once or twice
that be would clear the courtroom,
but the disturbance* were repeated
and the courtroom never was c lea ret.
Referring to the demonstrations
aat took place while the jury was
being polled, tin argument says.
“It is j^erfectly obvious that if pok
ing the jury :t h T.ubetan’lai right. .1
amounted to nothing in this cate, b--
vause of the cemonetration w. ich
only overawed the Jury, but made
■ Inioat impossible for the cou
;ear their responses
“A verdict Is not complete v.
is read in court. Jt is onl> com
after the jury is polled Every
has the opportunity to dt.--.sent in
TON, Dec. 12—Charlen M.
‘ IYey, the New Turk rat catcher
whom Mayor Ouynor made fa
mous as ft philosopher, says that
he r an pack all the knowledge nec- <
eaeary to human progress and \
happiness in 2.*. words When thin
' statement was repeated to Dr. ’
i i rlea \V. Flint tn-d.iy the edu- )
rator smiled and sakl:
“// / should meet thr rat catch-
r r philosopher / yhuolJ have to
admit It*' has dealt in// Jive fool
< shelf thchardcst blow of all**
J Frey's epitome of human prog-
t res* iH ns follows:
Know thynelf.—Solomon.
Consider the end-—Chilon.
/ Now thy opportunity.—Pittacus. \
Most men are bad.— Bias.
There is nothing impossible to
industry.—Per lander.
Avoid excesses.—Cltobulus
Surety is the precursor of ruin.
-Thales.
temperamentally none too frendli
toward capitalistic employer*, is >atci I
to have t amed the word to g«i slowly i
to act ircumspectly at least for tin •
present.
• • •
America’s trouble* are to .. conMirl- ;
erable extent mental. I,n< k of ronfl
dence la at the hot tor/, of much of our
current depression.
nothing could be more Important than
the utmost freedom of action vshlto
this action is takir" place.
"The demonstrations of the crowd
are Just as effective, <>r probably more
so, in resulting In Injury to the pris
oner during the polling of the ver
dict as during the trial of the case
in court. A more critical time for
the jury to be free from outside in
fluences can not lw» conceived than
while they .ire deliberating in the’r
room and while they are ixlng polled.
“This Jury, while deliberating on
one «>f the top floors o’ the building
at t la cornel of Hunter and Fry or
streets, was doing ho in the face of
an excited crowd thronging Hunter
and Pryor streets Just below them.
A mere look out of the window would
h vc disclosed the scowling faces of
the mob.
Say Jurors Were Afraid.
“(’an It be said the. a jury has
any freedom of action under such
circumstances? Were they not afraid
for their very lives?
“And when thus intimidated Into a
verdict, us they must have been,
ought not some man who had a little
more courage than the rest be al
lowed to recant if he wished to do ho
while the polling was taking place?
The nerve of some man muy have j
returned to him while the judge was
polling them, and he could have th ,n \
arreeted the verdict,
"The judge certifies in referom • m
this ground that while hr wne polling
the Jury the disorder In the Ktrod
and the applause at the rendition <*f
this verdict was so great that be
could with difficulty hear the answers
of the jury.
“Im It not child’s play to way that
the Jury did not hear and understand ;
this?”
Throughout the argument bitter at
tacks are launched at the manner in
which Solicitor Forney 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 te.-tlmdny in the record
The Solicitor is represented as
i r In a i guing that Frank •
wife, because <>f her failure to visit
him for a few days after fits arrest,
had a conHcioUHnesn of his guilt.
“Her consciousness, one way or the
oNur. as t the defendant’s guilt, was
wholly inadmissible and immaterial,"
says the argument. “In the first
place, she could not testify. In the
second place, 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 wjfe 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 st 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.”
Frank’s lawyers also tpoli strenu
ous exception t<» Dorsey's insinua
tion that physicians were called by
tbe defense as expert witnesses be
cause they happened to be the fam
ily physicians of certain of the
ju rors.
“It la difficult to conceive of an ar
gument more unfounded and more
unwarranted and more unjust than
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
cians for some of the jury and there
by attempting to influence them un
duly. It tended to prejudice mem
bers of the Jury against the defend
ant. Tbe 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
at all.
‘That the\ were not stomach epe-
cialists i nav have weakened their
testimony as experts, but it did not
warrant any speciflr inference that
any of these physicians treated mem
bers of the jury, and that they were
put up with that motive.
“Moreover, several of the witnesses
pul up by the defendant were stom
ach specialists, notably Dr. Bach
man.”
Forbes Secs Hopeful Sign and
Urges Caution in Radical
Legislation.
0/ B. C. FORBES.
Capital is becoming slightly less
distrustful of Waahlngton.
• • •
Perhaps- it would be more accurate
to say that capital is more hopeful
that Washington will realize the (lira
necessity for refraining from aggra
vating matters by turning the busi
ness world, already shaky, topsy
turvy.
• • •
For the sake of all those dependent
for a living upon their dally toll, il
1h earnestly to be hoped that this
more cheerful feeling will prove to
have been justified.
* ♦ •
Xd recatutulatiofi r -f ♦ "* many un
pleasant. features of the economic sit
uation in this country and through- ;
out the world should be necessary at j
this laic day The Administration was |
forewarned months ago that things!
were drifting Into a dangerous slaio j
und President Wilson was urged to
ad with restraint in dealing with the
country’s corporations.
M * *
Intimations are now filtering In |
from Washingtjn that the President
is alive to the delicate conditions pre- !
vailing here eml abroad. It iw under
stood he is not anxious to go to ex-
trenv’s in upsetting things still fur
ther at this time. Home of his ama
teur, short-sighted, spite* in.spired
ministers were chafing, like a pack
of leashed hounds, to be turned loose
upon business interests, against w hom
they fancied they hud a grudge. But
.Mr. Wilson. although without an
ounce of business experience and
Could confidence be restored, the
ITnited States would unquestionably
take the lead in raising the industrial I
nations of the world from the alougk
of despond.
• • •
Will the Wilson Administration r\'“
to its opportunity, will It sink per
sonal prejudices, will It wup plant ani
mosity with magnanimity and strain
every nerve to end depression and
ro. tore prosperity?
• • •
The one consideration which must ;
gui'U every wellwlsher of the masses
to-day is: How can an era of ap- ;
palling unemployment, of acute dia- j
‘.ren*. of widespread destitution be
averted ?
* * •
The new tariff has proved no pana
cea, to use very mild language. The
kind of currency legislation the poll-
tklans are determined to pass will
probably prove equally disappointing,
at least nt the outset.
• • •
U on top of this every anti-corpo
ration zealot at Washington b»* al
lowed to run riot, then 11)14 will not
be a pleasant vear in the history o 1
the United States.
* • *
The new* year will start svith sev- I
ernl hundred thousand of worker*out
of employment. Will the Democrats!
fulfill the expectations of their ene-
ml*>s by so acting that this number j
will be unconscionably multiplied j
month by month?
* * -
“How is it that every time the I
Democrats win. people begin to lo<e
their jobs?” an old lady of the work
ing class asked me ttie other day.
Several of her friends are already
feeling the pinch—hence the question
came from her heart, nut merely from
her lips.
• • •
The problem before- the Adminis
tration will not be easily solved. This
problem is: How can abuses in tbe
business world be eradicated without
plunging the millions of workers into
poverty and hunger?
• * •
Si^ns ire coming to band daih that
many important men of affairs are
now anxious to men i their ways—the
publicity policy adopted by the new-
head of the New* Haven is one en
couraging straw showing how* the
wind has begun to blow.
11N HI COLLEGE
FRESHMEN
PERFECT
Chicago Instructor Makes Test
Following Eastern University’s
Startling Discovery.
t’Hb'AGO, Dec. 12.—The perfect
man is a rarity at the University of
Chicago. In fact, he Is not far from
undiscoverable, at least in the fresh
man class, according to Dudley B.
Re d, physical Instructor at the uni
versity.
Dr. Reed said to-day that out of
3H0 freshmen—-co-eds excluded,
please—at the university, less than
10 per cent, 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 freshman class there, only 87
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 of whom are habitual
users of the weed, 81 wear glasses, 6
an color blind and 1* 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. liertha King again won her
contests with W. M. King last night
at the Merchants and Manufactur
ers’ Club. In the continuous game,
with a handicap of 75 to 40, 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 j
five.
ZSeMARKET M
Sr the BUSY HOUOTIFE
BROYLES’ Specials
Picnic Hams 12 l-2c
Florida Oranges ....
.... 12c, 15c and 20c doz.
Argo Salmon 15c
8 lbs. Head Rice .... 25c Magnolia Flour .... 69c sk.
Yellow Yams 25c pk.
2b lbs. Sugar $1.18
Xo. 2 can Tomatoes 6c
Our new store at 820 Peachtree Street.
63 E. Hunter St.
211 Whitehall.
53 Lee Street.
66 Carnegie.
234 Cour t I and St.
830 Peachtree.
For a tiood 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 f ir
Christmas Turkeys. Put your
order in early and get the best
CHELENA & CEFALL
MARKET
64 North Prycr btreet.
Phone Bell Ivy 151, 4030. Atlanta
106.
KENNY’S
SPECIAL HIGH GRADE is
the best 25c Coffee on the
market. Try a pound. All
coffees fresh roasted and
ground.
Souvenir for Saturday:
A TRUMPET.
C. 0. KENNY CO.
82 WHITEHALL ST..
Phones: Main 559, Main 200;
Atlanta 559.
PHONE
CAMP GROCERY CO.
345 Peachtree Street
for something good to eat.
He carries a complete line
of Fruits, Vegetables and
Fresh Meats.
Ivy 562 563 564.
SART0RIU5 CAKE SHOP
129 S. Pryor St.
Purveyors to Particular
People.
Our Dolly Varden and Gard
ner's Fruit Cake are unsur
passed for quality and price.
Try our home-made layer-
cakes of all kinds for your
Xmas dinner.
Phone Main 3407-J.
2 Celebrated Arias
0u Concert Program
Th«* Alkahest Lyceum System Fri- I
day night v\ iI• olYer at the Tubernat * 1
' auditorium concert throe celebrated
women artists - Umo. tJra.ce Hull Ri-
tlriaffci'. Fopran* . .Miss .Mary LHsn:-
. -m tk.V> violin-virtuoso, and Miss
j Ruby Askew, pianist.
The program will K of the bes'f
miisa. *ut not too Highly ciumfcai.
i Mnie. Rib el da tier will *lng an arm
From "1! Trovalor*.” the aria, "Am.
I for.-' o il" from ‘Traviata' and the
Hach-Uoiivoe ^ •• Maria" t«* ft v! »-
jiin obi g»t b 0*11 s
Chattanooga Pastor
Goes to Nashville
Before You Do Your Saturday Shopping Be
Sure to Visit the
FORREST MARKET
1 v\ IS,;
Atlanty 209
V ' r
117 N. Pryor Street.
Opposite Candler Bldg
We earry a lull line ol‘ liist-clas* Groceries. Fresh .Heals
Po.iltrv. Fish and select Oysters.
If quality is u lial 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 Whltefish
Sheep3head
Shrimp Lobsters
Oysters in Bulk
Norfolk Selects and Stews
New York Counts
(In Shell)
Btuepointa Rockaway*
York Rivers
Diamond Back Terrapin
Poultry
FULTON MARKET CO,
25 and 27 E. Alabama St
B.th Phones
EAT
TIP-TOP
BREAD
Grocers
Girt
. i t HA ! T A > • >OGA Do. - ! .4
Rev. Alien I rt pas to * of the Bap
tist iabeiFa- r> ’ ei.•■•oeptec: a
■ •'U'; to I P 1 . 1 ’-apt it L ..Uiv' oT i
.\rt ill*
; ’ T ,0 Ron \| | V: cum*? pc i om ,
: ! A !"#»! cv.p G.< bep " thru- >V>
tor Dior. Hr- • . i;i d .til
FARM PRODUCTS GO.
1‘J!I S. Prvor Street.
Mam 240?.
Atlanta 415.
Guaranteed Egge
Dressed Hens
Dressed Fryers
Dressed Ducks
Dressed Gees-
Dressed Turkeys
rresit Country Butt-
. . .*13c do2.
20c lb.
26c lb.
.22 I - Co Id.
'8c lb.
,20c lb.
Z0c ' L’.
If
Crn't cove py, teephyrr
; re C r.
Watch the
Market
Basket for
'ij>ar^ci : i i! ii s
| Guaranteed Fresh Laid New
Crop
EGGS
35
A b 6 o 1 u t e 1 y
country fresh
laid eggs. Guar
anteed not to
entail] a single
fNo-10 Silver I.°Hi Lard. $1 25
CASH GROCERY CO
1 18 Whitehall.
—rr «ar-
Men and Religion Bulletin No. 88
U
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-day, 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 ealleth 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.
Cast all of your anxiety upon Him and come
“He careth 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 ealleth you—He ealleth us.
Sunday, the doors 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 horns.
EXECUTIVE COMMITTEE OF THE MEN UNO RELIGION
FORWARD MOVEMENT