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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