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TITF, ATLANTA GEORGIAN AND NEWS.
APPEAL CHARGES
MOB SWAYED
F
Defense in Plea to High Tribunal
Scores Judge for Not Clear
ing Courtroom.
Continued From Pag* 1.
eiifue#* rlearly aiiowf that hr may
have oTorrulad the motion reluctant
ly, but, to use hie own laruruare. The
Jury war convinced There was no
room to doubt that,’ and he further
save that ho felt It Itla fluty to order
that th# motion for a new trial be
overruled, and he did."
Herbert J Haas, of counsel for
Prank, Prtday niod with the rierk of
th* Supreme Court the defenae e brief
and argument, toirother with Solicitor
Dorsey's acknowledgment of aervic*
The brief of evidence, consiatin* of
about «0n pages, probably will not be
e.ompleted until Monday. The defense
also later will nle a reply brief In an
swer to Dorsey's brief and arpument.
which reviews the case with unusual
thoroughness from start to finish
Counsel for Frank. 1n the brief
and argument, greatly amplify the
charge* of a "mob trial," whlen
they aaaart h«lr client received, and
assart heir accusations that Judge
Roen'e conduct of the case wsa
marked by Indecision and lark of
proper firmness.
The bearing before the Supreme
Court I* set for neat Monday. The
Frank caee is 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 falling to clear
the courtroom during the demonstra
tions that were made against the
prisoner and in behalf of Solicitor
Dorsey, who was conducting the pros
ecution.
8hould Have Been Mietriet
Further, It Is argued that the only
just course left open to Judge Roan
when th* 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 1s not complete until every
member of the Jury has been polled,
and that If any man had possessed a
mind to dissent from the verdict he
would have been frightened out of
hi* intention by the riotous demon
stTatlon against 1-Yank that was In
progress outside
"Can the court doubt that this wa.
a mob trial rather than a Jury trial?'
It is asked In the argument, "Can
the court doubt that the heated pas
slonB of these lawless people who In
raded the courtroom and who packed
the streets and who let their feelings
rome to the surface so plainly, influ
enced and drove thta 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 failed 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 Public.
"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 tb« 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 tha
mob. If the mob la 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
to keep the crowds from collecting In
the street He should have punished
to the extent of the law, by imprison
ment, every person applauding and
stamping his feet and crying out in
the courtroom; and, finally, these
measures failing, he should have
gTacted a mistrial, and have held the
trial at a time and place when it
would be free from auch unseemly
Influences.
"The turn which this case took un
der the evidence of the negro Jim
Coijley, who testified to acts of per-
verston. brought this case squarely
under section 5885 of the Code of
1 Jedrgla as a caee where the evidence
was vulgar and obscene and (ended
to debauch the morals of the young,
and the Judge had the right, either In
his own discretion or on motion of
either side, to clear the courtroom
Yofti all members of the public.
"That Judge Roan did not meet the
occasion with sufficiently drastic ac
tion Is held, we think, by a number
of case# Judge Roan never once took
any action, but merely stated In a
very mild way w'hat he would do if
the disturbance* occurred again He
sdmonished the crowd once or twice
that he would clear the courtroom,
out the disturbances were repeated
tnd the courtroom never wa* cleared
Referring to the demonstrations
that took place while the Jury was
being polled, the argument says;
"It Is perfectly obvious that If poll
ing the Jury l# a substantial right. It
amounted to nothing In this case, be
cause of the demonstration which not
only overawed the Jury, but made it
almost impossible for the court to
hear their responses.
"A verdict Is not complete when it
is read In court. It is only complete
after the Jury is polled. Every Juror
has the opportunity to dissent In open
coua from the verdict, upon being
The verdict is still in the
ittakjag before the jury Is polled;
Wise Rat Catcher
Tells‘All’in 25
Words
BOSTON, D#r 12 < harles M. {
Frey, the New York rat catcher j
whom Mayor Gavnor mndc fa* \\
moiin a* « philosopher, ways that ^1
he ran pa^k all the knowledge per-- J
eatery to human progress* arul
happiness* In 25 words. When this
statement was repeated to Dr.
f’harle** W Kliot to-day the* edu
cator smiled and said:
“// l thou Id meet the rat cateh-
er philosopher / thuold have to
admit h< ha* dealt my five-foot
shelf thrhardfst blow of all."
Frey’* epitotie of human prog
ress Is as follow*:
Know thyself—Solomon.
Consider the ond.—Chilon.
Now thy opportunity.—Pittacus.
Moat men are bad.—Bias.
There is nothing impossible to
industry.—Perlander.
Avoid excesses.—Cleobulus.
Surety is the precursor of ruin.
—Thales.
CAPITAL’S FEAR
OF WILSON IS
nothing could be more Important than
the utmost freedom of action while
this action is tHklr" place.
“The demonstrations of the crowd
are just as effective, or probably more
so, In resulting In injury to the prls
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 tan not be conceived than
while they are deliberating In tha’r
room and while they ar«* being polled.
“This jury, while deliberating on
one of the top floors o' the building
t the corner of Hunter and Pryor
streets, was doing so In the face of
an excited crowd thronging Hunter
and Prvor streets Just below them
A mere look out of the window would
h ve disclosed the scowling faceg of
the mob.
Say Jurors Were Afraid.
‘C an it be said that a Jury ha*
any freedom of action under such
circumstances? Were they not a.fraid
for their very lives? .
'And when thus intimidated into a
verdict, as they must have been,
ought not some man who had a little
more courage than the rest he al
lowed to recant If he wished to do so
while the poUing was taking place?
The nerve of some man may have
returned to him while the Judge was
polling them, and he oonld have th*?n
arrested the verdict.
“The judge certifies in reference to
this ground that while he was polling I
the Jury the disorder In the street
and the applause at the rendition of
this verdict was great that he
could with difficulty hear the ana wars
of the Jury.
“Is It not child’s play to say that
the Jury did not hear and understand
this?"
Throughout the argument bitter at
tacks are launched at the manner In
which Solicitor Dorsey conducted the
prosecution. He is charged with
warping and misrepresenting the tes
timony and arguing from supposed
facts concerning which there 1s not a
line of testimony in the record.
The Solicitor is represented as
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, as U. the defendant's guilt, was
wholly inadmissible and immaterial,”
says the argument. “In the first
place, she could not testify. Tn 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 wife 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.”
Frank's lawyers also took strenu
ous exception to Dorsey’s insinua
tion that physicians were called by
the defense as expert witnesses be
cause they happened to he the fam
ily physicians of certain of the
Jurore
“It is 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. The Solicitor’s statement that
he wa* justified in making tills argu
ment because none of the defend
ant’s witnesses was a stomach spe
cialist is no ground for this argument
at all.
“That they were not stomach spe
cialist* may have weakened their
testimony as experts, but it did not
warrant any specific inference that
any of these physicians treated mem
bers of the jury, and that they were
put up with thut motive.
“Moreover several of the witnesses
put up by the defendant were stom
ach specialists, notably Dr. Bach
man."
2 Celebrated Arias
On Concert Program
The Alkahest Lyceum System Fri
day night will offer at the Tabernaci*
auditorium concert three celebrated
women artiste—Mme. Grace Hall Ri-
heldaffer. soprano; Miss Mary Deni
son Gailej'. violin-virtuoso, and Miss
Ruby .Askew, pianist
The i>rogram will be of the best
music, but not too highly classical.
Mme, Riheldaffer will sing an aria
from “11 Trovatore." the aria, Ah,
fors' e lui” from “Traviata” and tho
Bach-Gounod “Ave Maria’’ to a vio
lin obligato bv Mils Galley.
Forbes Sees Hopeful Sign and
Urges Caution in Radical
Legislation.
i
By 0 C, FORBES.
Capital is becoming slightly less
distrustful of Washington
* « *
Perhaps it would be more accurate
to gay that capital is more hopeful
that Washington will realise the dire
necessity for refraining from aggra
vating matters by turning the busi
ness world, already shaky, topsy
turvy.
• * *
For the sake of all those depandent
for b living upon their daily toll. It
Is earnestly to be hoped that this
more cheerful fueling will prove to
have teen justified.
* • 0
N> recapitulation of 'many un
pleasant features of the economic sit
uation In this country and through
out the world should be necessary at
this late day. The Administration was
forewarned months ago that things
were drifting into a dangerous state
and President Wilson was urged to
act with restraint in dealing with the
country's corporations.
# • *
Intimations are now filtering in
from Washington that the Presrtdent
is alive to the delicate conditions pre
vailing here and abroad. It is under
stood he is not anxious to go to ex
tremes in upsetting things still fur
ther at this time. Some of his ama
teur, short sighted, spite-inspired
ministers were chafing, like a park
of leashed hounds, to he turned loose
upon business interests, against whom
they fancied they bad a grudge. But
Mr. Wilson, although without an
ounce of business experience and
! temperamentally none too friendly
| toward capitalistic employers, is .“aid
I to have passed the word to go slowly,
to act circumspectly at least for the
I present.
• • •
America’s troubles are to a consid
erable extent mental. Lack of confi
dence is at the bottom of much of our
< urrent depression.
« • *
Gould confidence be restored, the
United States would unquestionably
take the lead in raising the Industrie.’
nations of the world from the. slough
of despond.
• • •
Will the Wileon Administration rise
to its opportunity, will it sink per- I
sonul prejudice*, will It supplant ani
mosity with magnanimity and strain |
every nerve to end depression and
restore prosperity?
• • •
The one consideration which must
guide every wellwisher of the masses
to-day is How can an era of ap
palling unemployment, of acute dis-
treus, of widespread destitution be
averted ?
9 9 •
Th** new tariff has proved no pana
cea, to use very mild language The
kind of urrency legislation the poli
ticians are 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 « pleasant year in the history ol
the United States.
9 9 9
The new year will start with sev
eral hundred thousand of workers out
of employment. Will the Democrat*
fulfill the expectations of their ene
mies by so acting that this number
will be unconscionably multiplied
month by month?
• • •
“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 clay.
Several of her friends are already
feeling the pinch—hence the question
came from her \ eart, not merely from
her lips.
* • •
The problem before the Adminis
tration will not be easily solved. This
problem Is: How can abuses in the
business world be eradicated without
plunging the, million* of workers into
poverty and hunger?
* • •
Signs are coming to hand daily that
many important men of affairs are
now' anxious to mend their ways—the
publicity policy adopted bv the new
head of the New Haven Is one en
couraging straw' showing how the
i wind has begun to blow’.
I IN 11 COLLEGE
FRESHMEN
PERFECT
Chicago Instructor Makes Test
Following Eastern University's 1
Startling Discovery.
1 Hl< AGO, Dec. 12.—The perfect
man Is a rarity at the University ot
Chicago. In fact, he is not far from
undiscoverable. at least in the fresh
man class, according to Dudley B
Reed, physical instructor at the uni
versity.
Dr. Reed said to-day that out of
390 freshmen co-eds excluded,
please—ai the university, less than
10 per cent could come under the
classification “physically perfect.”
His Investigation wan made follow
ing a report from the University of
Pennsylvania that of the 1,266 men
in the freshman 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, J6 of whom are habitual
users of the weed, 61 wear glasses, 6
are color blind and 15 have organic
defects w’hich 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 statistic* 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 the Merchants and Manufactur
ers’ Club. In the continuous game,
with a handicap of 76 to 40, Mrs.
King won 40 to 53. In the 15 to no
count againet 50 to no count game
Mrs. King won three frames out of
five.
mm m
hr the BUSY HOUSEWE
BROYLES’ Specials
Yellow Yarns 25c pk. Picnic Hams 12 l-2c
No. 2 can Tomatoes .... 6c Argo Salmon 15c
3 lbs. Head Rice 25c Magnolia Flour .... 69c sk.
Our new store at 830 Peachtree Street.
63 E. Hunter St. 66 Carnegie.
211 Whitebait 234 Courtland St.
58 Lee Street. 830 Peachtree.
For a (iood 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 g-et the best.
CHELENA & CEFALl
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
ground.
Souvenir for Saturday:
A TRUMPET.
G. D. KENNY GO.
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.
SART0RIUS 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.
Before You Do Your Saturday Shopping Be
Sure to Visit the
FORREST MARKET
Ivy 486.
117 N. Pryor Street,
Opposite Candler Bldg.
Atlanta 269
We carry a full line of first-class Groceries, Fresh Meats,
Poultry, Fish and select Oysters.
If quality is what you w ant—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
SHeepshead
Shrimp Lobsters
Oysters in Bulk
Norfolk Selects and Stew*
New York Counts
(In Shell)
Bluepoints Rockawaya
York Rivers
Diamond Back Terrapin
Poultry
FULTON MARKET CO.
25 and 27 E. Alabama St.
Both Phones
Chattanooga Pastor
Goes to Nashville
CHATTANOOGA, De» 12.—The
Rev. Allen Fort, pastor of the Bap
tist Tabernacle here, has accepted a
call to the First Baptist Church of
Nashville.
The Rev Mr. Fort came here from
Americus, Ga ., being at one time So-
' Uciift£ there. lit- was educated at
1 the tiiivarsity of Georgia,
FARM PRODUCTS CO.
129 S. Pryor
Street.
Main 3402.
Atlanta 815.
Guaranteed Ljgs ...
.... 46c dox
Dressed Hens
20c lb
Dressed Fryers
.. .25c lb
Dressed Ducks
....22 1-2c lb.
Dressed Geese
18c lb.
Dressed Turkeys . ...
20c lb.
Fresh Country Butter
30c lb
If you can’t come
by. telephone
us your order.
Watch the
Market
3*
EAT
TIP-TOP
BREAD
At all Grocer*.
(Guaranteed Fresh Laid New
Crop
EGGS
F" C Absolutely
J n country fresh
■ 1 .Id laid eggs. Guar-
V V o auteed not to
* contain a single
storage egg.
|No-10 Silver Leaf Lard. $1.25
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 bid6 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 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.
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, 1 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 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 home.
EXECUTIVE COMMITTEE OF THE MEN AND RELIGION
FORWARD MOVEMENT