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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