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THE ATLANTA GEORGIAN AND NEWS.
m
unruf* rl^arly shown that hs msy
have ovsrrulefl the motion reluctant
ly, but, to us* hi* own laniruag*. *Tha
Jury wius convinced ThfTo was no
room to doubt that,* and he further
«*y« that ha fait It h1a duty to order
that tha motion for a new trial ha
overruled. and he did ”
Herbert J. Haas, of counsel for
Frank, Friday filed with the Clark of
tha Supreme Court the defense’s brief
and argument, together with Bolidtor
r>orsay'e acknowledgment of service
The brief of evidence, consisting of
about «00 paaas, probably will not he
completed until Monday. The defen.ee
aJao 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, 1n the brlsf
and argument, greatly amplify the
charges of a "mob trial," which
ihey aaeert heir client received, and
aaaart he±r accusations that Judgo
Roan's conduct of the caee was
marked by Indecision and lack of
proper ttrmnee*.
The hearing before the Supreme
Court la set for next Monday. The
Frank case is the eighteenth on the
calendar and probably will be reached
during the day.
The argument prepared by Frank’*
lawyers contend* that Judge Roan
exhibited weakness In falling to clear
the courtroom during the demonstra
tions that were made against the
prisoner ~nd in behalf of RolicltoT
Dorsey, who w as conducting the pros
ecution.
Should Have Been Mistrial.
Further, It is argued that the only
just course left 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 had possessed a
mind to dlsaent from the verdict he
would have been frightened out of
his intention by the riotous demon
stration agsinst Frank that was In
progress outside.
"Can the court doubt that thia was
a mob trial rather than a Jury trial?"
1t la asked In the argument. "Can
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 thia 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 Publie."
••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
mob. If the mob Is 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
chould have summoned sufficient force
to keep the crowds from collecting in
the street. He should have punished
to the extent of th* 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
granted u. mistrial, and have held the
trial at a time and place when it
would be free from such unseemly
influences.
"The turn which this case took un
der the evidence of the negro Jim
Conley, who testified to acts of per
version. brought this oa*e equarely
under section 6885 of the Code of
Georgia, as a case where the evidence
was vulgar and obscene and tended
to debauch the morals of the young,
and the judge had the right, either 1n
his own discretion or on motion of
either aide, to clear the courtroom
from 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 cases. Judge Roan never once took
any action, but merely stated in a
very mild way what he would do if
the disturbances occurred again. He
^•dmonialied the crowd once or twice
that he would clear the courtroom,
but the disturbances were repeated
and the courtroom never way clearer.
Referring to the demonstrations
hat took place while the jury w$4
being polled, the argument say*
It is perfectly obvious that if poli
ng the jurv i« « substantial right, it
amounted to nothing in this case, b*-
of the demonstration which not
only overawed the Jury, but made it
almost impossible for th* court to
hear their responses.
"A verdict is not complete when it
>s read in court. It is only complete
after the jury is polled. Every juror
I has the opportunity to dissent in open
ourt from the verdict, upon being
polled. The verdict is still in the
-* ki na before the Jury is Dolled;
RONTON. Dec. 12 —Chari** M.
Fr*y, the New York rat catcher
whom Mayor Oaynor mad* fa
mous as a philosopher, says that
h* can pack all the knowledge nec
essary to human progress and
happiness in words When this
statement was repeated to Dr.
Charles V Eliot to-day the edu
cator smiled and said:
‘7/ 7 should meet the rat catch
er philosopher 7 shuold have to
admit he, has dealt my five-foot
shelf thehardest blow of all.'*
FYey’s epitome of human prog
ress Is as follows:
Know thyself.—Solomon
Consider the end.—Chijon.
Now thy opportunity.—-Pittacus.
Most men are bad.—Bias.
There is nothing impossible to
Industry.— Perlander.
Avoid excesses.—Cleobulus.
Surety is the precursor of ruin.
temperamentally non* too friendly
capitalistic emplo>erR. is said]
pass**:! the word to go slowly. 1
lrcumapectly at lea t for the
A merles'* troubles are tn a consid
erable extent mental I,a k of confi
dence is at the bottom of much of out
current depression.
• • •
cpuld confidence be restored, the
Cnited States would unquestionably
rake the lead In raising the industrial
nations of the world from the slough
of despond.
nothing could be more important than
the utmost freedom of action while
this action is taklr- place
‘The demonstrations of the crowd
are Just a* effective, or probaldy 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 be conceived than
while they are deliberating in th*‘r
room and while they axe being polled.
"This Jury, while deliberating on
one of the top floors o* the building
at the corner of Hunter a.nd Pryor
streets, was doing so in the face of
an excited crowd thronging Hunter
and Pryor streets Just below them.
A men* look out of the window would
h v* disclosed the scowling faces of
the mob.
Say Jurors Were Afraid.
‘Can it be said tin 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, as 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 so
while the pollinr was taking place?
The nerve of some man may have
returned to him while the Judge was
polling them, and he could have then
arrested the verdict.
'The Judge certifies 1ti reference to
this ground that while he was polling
the Jury the disorder In the street
and the applause at the rendition of
this verdict was so great that he
could with difficulty hear the answers
of the Jury.
'Is it not child’s play to say that
the Jurv did not h«*ar 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 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 hi* guilt,
"Her consciousness, one way or the
other, 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 slate 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
th* defense as expert witnesses be
cause they happened to be the fam
ily physicians of certain of the
Jurors
"It 1* 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 was Justified in making this argu
ment because none of the defend
ant's w'ltnesses was a stomach spe
cialist 1b no ground for this argument
at All
"That they were not stomach spe
cialist.* may have weakened their
testimony as experts, hut it did not
warrant any specific inference that
sny of these physicians treated mem
bers of the jury, and that they were
put up with that motive
"Moreover, several of the witnesses
put up by the defendant were stom
ach specialists, notably Dr. Baoh
man."
Forbes Sees Hopeful Sign and
Urges Caution in Radical
Legislation.
By B. C. FORBES.
Capital is becoming slightly less
distrustful of Washington.
• • •
Perhaps it 'would be more accurate
to ssv thnt capital is more hopeful
that Washington will realize th* dire
necessity for refraining from aggra
vating matters by turning the busi
ness world, already shaky, topsv- 1
turvy.
For th* eak* of all those dependent
for a living upon their daily toll, it
is earnestly to b* hoped that this
more. cheerful feeling will prove to
have been Justified.
• •
Nd recapitulation of the many un
pleasant feature® of the economic sit
uation in this country and through
out the world should he necessary at
this lato day The Administration was
forewarned months ago that things
w'ere drifting info a dangerous state
and FTosident Wilson was urged to
act with restraint in dealing with the
country’s corporations.
• • *
Tntlrnation* are now Altering in
from Washington that the President
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 pack
of leashed hounds, to be turned loose
upon business Interest* against whom
they fancied they had a grudge. But
Mr Wilson, although without an
ounce of business experience and
Will the WU»on Administration Hm
to It* opportunity, will it sink per
sonal prejudices, will it supplant ani
mosity with magnanimity ami strain
every nerve to end depression and
restore prosperity?
• m •
The one consideration which must
guide every wellwtsher of the masses
to-day i* How can an era of ap
palling unemployment, of aeut* dis
tress. of widespread destitution be
averted ?
• • •
Th* new tariff has proved no pana
cea, to use very mild language. The
kind of • urrenry legislation the poli
ticians are determined to pass will
probably prove equally disappointing,
at least at the outset.
• • •
If on top of this every antl-corpo-
rmtlon zealot at Washington be al
lowed to run riot, then 1914 will not
be a plearant. year in the history of
the United States.
• • •
The n*w veer will start with sev
eral hundred thousand of workers out
of employment. Will the Democrats
ffllflll 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 day.
Several . of her friends are already
feeling the pinch—hence the question
came from her heart, 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 millions of workers into
poverty and hunger?
• * •
Signs are coming to hand daily that
many Important men of affairs are
now anxious to menj their ways—the
publicity poliev adopted by the new’
head of the New Haven is one en
couraging straw showing how tho
wind has begun to blow'.
I IN 1G COLLEGE
FRESHMEN
PERFECT
Chicago Instructor Wakes Test
Following Eastern University’s
Startling Discovery.
CHICAGO, Dec. 12.—The perfect
rnan is a rarity at the University of
Chicago. In fact, he is not far from
undiscoverable, at least in the fresh
man ( lass, according to Dudley B.
Reed, physical instruetor at the uni
versity.
Dr. Reed said to-day that out of
390 froalunen — co-eds excluded,
please—at the university, less than
10 per cent could come under the
cla**iflcation "physically perfect."
His Investigation was made follow
ing a report from the University of
Pennsylvania that of the 1.2B6 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 890 here
use tobacco, 16 of whom are habitual
users of the weed, Si wear glasses, 6
are color blind and 15 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 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
five.
TMMl Mi
lor the BUSY HOHOTE
BROYLES’ Specials
Yellow Yams 25c pk.
25 lbs. Sugar $1.18
No. 2 can Tomatoes 6c
3 lbs. Head Rice 25c
Picnic Hams 12 l-2c
Florida Oranges ....
.... 12c, 15c and 20c doz.
Argo Salmon 15c
Magnolia Flour .... 69c sk.
Our new store at 830 Peachtree Street.
63 E. Hunter St.
211 Whitehall.
58 Lee Strset.
66 Carnegie.
234 Courtland St.
830 Peachtree.
For a flood 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.
W« ha.v« placed our orders for
Christmas Turkeys. Put your
order in early and pet 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.
C. D. KENNY CO.
82 WHITEHALL ST.
Phones: Main 559, Main 200;
Atlanta 569,
PHONE
GAMP GROCERY CO.
345 Peachtree Street
for something good to cat.
He carries a complete line
of Fruits, Vegetables and
Fresh Meats.
Ivy 662 563-564.
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.
2 Celebrated Arias
On Concert Program
The Alkahest Lyceum System Fri
day night will offer at the Tabernacle
auditorium concert three celebrated
women artists -Mmc. Grace Hall Rl-
►-heldaffer, soprano; MIsf Mary Deni
son GaJLy . viol in-virtuoso, and Miss
Ruby Askew, pianist.
The program will be of the best
music, but not too highly claasioaJ.
Mmc. Riheldaffcr will Mug itj ana
from "II Trovatore. the aria. "All,
for*’ e 1 ni" from "Traviata ’ and the
Bach-Gounod "Av* Maria" to a vio
lin obligato by Miss Galley.
Chattanooga Pastor
Goes to Nashville
CHATTANOOGA, Dec U. 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
| Amerlcus, Ga , being at one time So
licitor there. He was educated at
‘ the > University of Georgia.
Before You Do Your Saturday Shopping Be
Sure to Visit the
FORREST MARKET
ivy 48b. 117 N. Pryor Street, Atlanta 269
Opposite Candler Bldg.
Wo carry a full line of first-class Groceries. Fresh Meats,
Poultry, Fish and select Oysters.
If quality is what you want—our prices will suit you.
THISWILLHELPSOME
In reducing tliat 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)
Bluepolnts Rockaways
York Rivers
Diamond Back Terrapin
Poultry
FULTON MARKET CO.
25 and 27 E. Alabama St.
B.th Phones
EAT
TIP-TOP
BREAD
At alt Grocers.
FARM PRODUCTS CO.
129 S. Prvor Street.
Mam 3402.
Atlanta 815.
Guaranteed Eggs 46c doz.
Dressed Hens 20c lb.
Dressed Fryers • • ■ 25c lb.
Dressed Ducks 2P. t-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
Basket for
Bargains
| Guaranteed Fresh Laid New
Crop
EGGS
^ C Absolutely
J 1% country fresh
■ j -Id laid eggs. Guar-
W V O an teed not to
z 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 bids you come.
YOU SHOULD 00.
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.
Ood 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.
Oast 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 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 horn a.
EXECUTIVE COMMITTEE OF THE MEN AND RELIGION
FORWARD MOVEMENT