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1' i : r {i ■ ■ ii 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