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NOTICE
( It you hav© any difficulty In tmying Heart*’*
} Sunday American anywhere In the South notify
circulation Manager, Hearst’s Sunday American.
| Atlanta, Ga.
ICAN
VOL. 1. NO. 37.
Copyright, 1511, by
The Georgian Company.
★★★
ATLANTA, GA., SUNDAY, DECEMBER 14, 1913.
PRICE FIVE CENTS.
ATTORNEYS
ABY DESLYS, who, after
^ chumming with Kings
and Princes, is “raring” over
American men.
Prosecutor Laughs at Assertion
That the Prisoner Was Tried by
a Mob Rather Than by a Judge
and Twelve Impartial Jurymen.
New Trial Was Planned From the
Very Start, He Declares, and
Calls the Grounds Submitted
Hodgepodge' and ‘Catchall.’
That Leo Frank’s lawyers are
sngaged in a “post-mortem” at
tempt to obtain a new trial for
their client is the oharge repeat
edly made in the brief and ar
gument completed Saturday by
Solicitor General Hugh M. Dor
sey and served upon the attor
ney for the defense.
Fora* of th* grounds for a n«w trial
advanced by the defense Dorsey
characterises ** "hodgepodge and
catch all," and ridicules the asser
tions that Frank was tried by a mob
rather than by a Judge and Jury.
The opposing attorneys will begin
Kheir verbal argument before the Su
preme Court on Monday at 9 o’clock,
rhe first request to be made of the
court will be for an extension of time.
Two hours customarily la given to
each side, but owing to the Import
ance of the case, It is likely that two
days or more will be asked for the
arguments.
"Catching at Technicality.”
The Solicitor, in referring to the
defense’s claims that demonstrations
on the part of the crowd were suffi
cient to influence and Intimidate the
lury, Implied that Frank's lawyers
throughout the trial were laying the
groundwork for a plea on which to
ask for a new trial, catching at every
technicality that presented Itself. The
Solicitor said:
"The request of counsel to clear
the courtroom of spectators before
anything was done in the trial, show
ed, In the connections now being con-
eldered, that they were anticipating
laying hold of all such little Inconse
quential occurrences and technicali
ties that could be discovered.
"They can not complain, because
they failed to ask any affirmative re
lief so far as this record shows. They
say In this ground that they called
attention of the court for the pur
pose of ‘obtaining some action.’ In
the next paragraph they show that
they got from the court some ac
tion. and the court never had any ln-
tlmat'on that the action he gave was
not commensurate with the require
ments of the situation.
Too Late With Complaint.
"This Is simply another 'post-mor
tem attempt to get another «al.’ to
use an expression of Judge dftssell.
Continuing, Solicitor Dorsey ar
gued:
“We submit that there was nothing
Of sufficient importance or conse
quence requiring the court to take
my radical steps, and that the fail
ure of the defendant’s attorneys at
the time to request, or suggest, or
ntimate to the court that something
or other should be done estops them
now from complaining.”
The Solicitor charged that Frank’s
lawyers had magnified these occur
rences far beyond their real impor-
•ance and argued that the fact that
fudge Roan overruled the motion for
t new trial showed conclusively from
a legal standpoint that he did not at-
:ach any importance to the demon-
atrations. Stress was laid on the af-
Bdavlts of the Jurors that they did
not hear the demonstrations referred
;o by the defense.
Upholds Conley Evidenoe.
Several pages of the brief are given
tver to a contention on the admissi
ullity of Jim Conley's testimony on
:he alleged perversion of Frank. The
Solicitor remained firm in his stand
hat no error was committed in sl
owing this testimony in the record.
He insisted that the courts of Amer-
ca are permitting much greater lat-
tude in evidence of this sort thar.
sver before, widening and extending
he rule in this respect, appreciating
:hat It Is necessary In order to get
,t the truta,
Mayor Rolph Says
Hetch Hetchy Plan
Is City's Salvation
San Francisco Executive Glvee Mr.
Hearet Full Credit for Push
ing Plan Through.
BOSTON, Dec. 13.—Mayor .Tames
Rolph, Jr., of San Francisco, came to
Boston to-day largely to study the
Boston water supply in preparation
for San Francisco’s plan to bring:
water from the Hetch-Hetchy Valley
if President Wilson signs th© bill
passed by Congress.
Mayor Rolph praised William Ran
dolph Hearet warmly for his share in
giving the people of the country the
facts about the Hetch-Hetchy project
and in winning the bill’s pasa*e
through Congress, He said:
“The people of the East have been
woefully misled In regard to the
Hetch-Hetchy project. William Ran
dolph Hearst has done a remarkable
work for San Francisco in helping to
pass this bill. We do not intend to
take a park belonging to the people.
We simply want to dam up a valley
that really belongs to the people of
San Franciscof
“We need this water. We are will
ing to spend $70,000,000 to carry it 134
miles to San Francisco. I believe
President Wilson will sign the bill,
and the victory is to be credited to
William Randolph Hearst more than
to any other one man.”
Costs State $116,000
To Impeach Sulzer
ALBANY, N. Y. t Dec. 13.—Appro
priations aggregating $116,000 have
been made by the Legislature for
counsel in the Sulzer impeachment
trial and incidental expenses.
Sixty thousand doHars goes to Alton
B. Parker and other counsel to th$
Impeachment managers. Forty thou
sand was voted for counsel to Gov
ernor Sulzer.
‘American Men Just
Lovable Babies'-Gaby
Shooed Away From Prince of Wales,
King-Wrecker Still Has
‘Man-phobia.’
ST. LOUIS, Dec, 13.—The ’man-
phobia” of Gaby Deslys still rages
with unbroken violence, in spite of the
sedative that was only a little while
ago applied to her when Queen Mary
of England shooed her away from the
Prince of Wales.
Here Gaby Is in St. Louis, raving
over the American man, analyzing
him, dissecting him, adoring him.
"An American for me,” said she to
day. 'They are nothing but lovable
big babies.”
Gaby has hardly recovered from the
shock of being declared anathema in
England, when the bishop* and cler
gymen of the Church of England
painted her veTy black In every man
ner and with all the zeal known to
the cloth. This was done at the be
hest of Queen Mary. Gaby had at
tracted the gaze of the youthful
Crow n Prince, and never—no, never—
must a Manuel episode blot
’scutcheon of Great Britain.
Woodrow Wilson No
Name for Her Baby
NEW YORK, Dec. 13.—Woodrow
Wilson Gray sounds like a name that
anybody would be proud to bear, but
it is not good enough for Anna L.
Galbraith, trained nurse, of this city.
She had the name changed when
she adopted young Woodrow, and
hereafter he will be called Guilford
Galbraith.
th3
Goodbye “23"; It's
Time You're Going
NEW YORK, Dec, 13.—Exit the
slang expression, ’’twenty-three.” En
ter ‘thirty-eight’’ as the "latest.”
“Thirty-eight" was borrowed from
the fortune tellers. In the slang it
means “a sucker.” It is a tag for the
man who goes to a clairvoyant for
tips on a horse race, for the girl who
turns to the occult power to have her
love affairs straightened out, for those
who rely on “hocus-pocus” in mat
ters of Investment.
J. Pierpont Morgan
Elected Vestryman
NEW YORK, Dec. 13.—J. Pierpont
Morgan was elected a vestryman at
St. George's Church in Stuyvesant
Square at the election of wardens and
vestrymen held In the church. Mr.
Morgan’s father was senior warden
of St. George’s up to the time of his
death.
Garrison Won’t Have
Big Ditch Decorated
WASHINGTON, Dec. 13.—Refusal
to decorate the banks of the Panama
Canal with memorials has been made
by Secretary of War Garrison, it was
learned here to-day.
The Secretary has answered all re
quests by referring applicants to Con
gress, _
Chemist Says Canned
Pumpkin Is Poisonous
CLEVELAND, Dec. 13.—"Beware
of canned pumpkin!”
City Chemist White issues this
warning, following reports to health
officers of scores of cases of tin poi
soning.
White says the danger of poisoning
from the use of canned pumpkin is
far greater than from any other
tinned food.
Trans-Continental
Time Cut 8 Hours
OMAHA, NEBR., Dec. 13.—The war
between the Union Pacific and Santa
Fe Railroads for the transcontinental
mail contract reached an acute stage
to-da.v when the Union Pacific an
nounced it would take New York
mail to San Francisco in 86 hours,
eight hours ahead of the Santa Fe’s
mail.
‘One Million Tons of
Radium Under Sea'
BALTIMORE, Dec. 13.—“There is
in the hands of man all over the
world only one-half ounce of radium
but on the floor of the ocean, out of
reach of man, there are 1,000,000 tons
of that precious chemical element.”
This statement was made to-day by
Dr. H. C. Jones, professor of chem
istry at Johns Hopkins University.
Radium Deposit Is
Found in Minnesota
BRA IN BIRD, MINN., Deo. 13.—
Charles Coleman and James Miller,
the latter an owner of mineral lands
on the Cuyuna range, have, with
George B. Woodason, E. M., been
prospecting on a section of the range
and believe they have discovered a
source of radium.
Masculine Eugenic
Volunteer Quits
DENVER, Dec. 13—M. D. Bowen,
of Denver, the only prospective eu
genic bridegroom, who had volun
teered his services to the State Board
of Health and who was held up as a
possible husband to more than 100
women from all parts of the United
States^ has backed out.
Title to Site of Hydro-Electric
Plant Rests in Corporation,
Not State.
MRS. L0NGSTREET IS BEATEN
Decision Believed to Mean the
End of Famous lawsuit In
volving Millions.
The State Supreme Court Satur
day brushed aside, almost with seem
ing Impatience, the State’s preten
tions to title In and to the Tallulah
Falls property now held by the Geor
gia Railway and Power Company.
The verdict rendered in Judge
Jones' court, in Rabun County, in fa
vor or the power company, is sweep-
ingly affirmed in the Supreme Court,
and at every point the State is turned
down in language picturesque in its
terseness.
The Supreme Court held that the
State long ago vacated in tot© all of
its right and title in the Tallulah
Falls property Involved in this suit;
and it disposed of the State’s fur
ther contention that, even if it did va
cate its rights originally, such va
cated title extended to the banks of
the Tallulah River only.
Case “Fairly Tried.”
The court held that the title now in
the company extends to the middle of
the stream, as Is customary in non-
navlgable rivers.
The court of review further says
that the case was “fairly tried” in the
court below and that “no right error
detrimental to the State's rights was
committed” in the hearing.
This suit was brought by direction
of the Legislature, after much pres
sure had been brought to bear upon
it, and against the advice of Gov
ernor Brown.
Mrs. Helen Longstreet. widow of
the famous Civil War general, took
a leading part in the fight to regain
the falls land for the State, and was
in the center of the fight in the lower
courts.
Denounces “Tactics.”
H. H. Dean, of Gainesville, in the
course of his argument for the power
company, denounced Mrs. Longstreet
and the Tallulah Falls Conservation
Association, charging hold-up tactics.
The Jury was out only two hours.
Attorney General T. S. Felder Im
mediately gave notice of a motion for
a new trial, and lengthy briefs were
submitted to the Supreme Court.
The Tallulah Falls powr project
has but recently been completed and
Involves an outlay of many millions
of dollars.
Luther Z. Rosser and Charles T.
Hopkins were the leading counsel for
the power company. The high court's
decision is believed to end the dispute.
Girl Toasted as
Fiance Is Killed
ASHEVILLE. Dec. 13.—While ad
dressing invitations to her wedding to
take place on the night of December
30, Miss Elizabeth Williamson received
a telegram telling of the death of her
fiance, Lane Davis, of Oak Park, Ala.
She had Just returned from a card
party, the first of a series of prenup
tial affairs arranged by her many
frlenos.
Mr. Davis was killed In an automo
bile wreck near Mobile, and compari
sons Indicate that at the time 'of his
death Miss Williams was being toasted
as one of the city’s most popular
brides-to-be.
Only 812 Paupers
Found in Kansas
TOPEKA, Dec. 13.—One-fourth of
the Kansas counties have no paupers,
and one-fifth of the counties have no
poorfarms. J. W. Howe, secretary of
the State Board of Control, has just
completed the tabulation of the sta
tistics.
There are but 812 paupers in the
State.
Rural Mail Left in
Boxes at Schools
WASHINGTON, Dec. IS.—Schools
located on rural routes are to be con
sidered patrons of these routes, ac
cording to an announcement by Post
master General Burleson.
He has granted permission for tue
placing of mall box*>s at these institu
tions where mail will be delivered for
the "upils or teachers.
Billy Sunday Says
Most Tombstons Lie
JOHNSTOWN, PA., Dec. 13.—Billy
Sunday, in a sermon hero, said:
‘We’ll find out when the Lord
comes how many tombstones lie and
how many tell LQo trutn.''
Gallows Cheated
Of Toll by Death
Georgian, Twice Sentenced to Die In
Alabama, Passes Away In the
Gadsden Jail.
GADSDEN. ALA.. Dec. IS.—J.
Smith, twice sentenced to death on
the gallows, died in the county Jail
here to-day. Whether he took poison
or died from acute indigestion phy
sicians who attended him are unable
to determine. Yesterday afternoon
Smith’s mother visited him and dla-
covered that he was unconscious. He
never revived until 11 o’clock last
night, when he spoke a few words,
saying he had taken a part of a dose
of medicine. His body will be taken
Sunday to Candler. O©., for interment.
Smith killed J. A. Patterson, a pa
trolman, at Alabama City on January
20, 1912. He was sentenced to hang,
but secured a new trial. He was con
victed and again sentenced to death
at the second trial, the execution
being stayed by another appeal to
the Supreme Court.
Did Tom Heflin Steal Thunder?
+•+ +•+ +*+ +*+ *•+ +•+
‘Better Control Voter Than Vote’
+•*!• +•+ 4-s-I* +•*!• *f*#+ +•+
Pet Phrase, It Seems, Is Woman’s
Mrs. W. L. Shepherd, from whom Congressman Heflin bor
rowed his “anti” speech, if the suffragettes’ suspicions are comet.
Name on Egg Proves
It Over 4 Years Old
BELLEFONTAINE, OHIO, Dec. IS.
John J. Sweeney, of New York City,
was suspicious of an egg he bought In
the market a few days ago. It bore
the name of Clara Baker, carefully
penciled on It. and Mr. Sweeney wrote
to M1ee Baker, to know about how
long ago It was that she wrote her
name on the egg that Mr. Sweeney
had bought for "strictly fresh."
The letter was delivered to Mrs.
John Wright, of Bellefontalne, who.
before her marriage four years ago
last July, was Miss Clara Baker.
She remembers having written her
name on an egg she packed for ship
ment at a grocery in which she was
employed about six months before her
marriage
Astor's $35,000 Has
Been “Overlooked"
NEW YORK, Dec. 18.—Besides the
$85,603,547 Inherited by Vincent As-
tor from Ms father $35,590.73 has been
overlooked.
It is one-fifth of th# estate of Arch
ibald B. Schermerhorn, bequeathed to
Caroline W. Astor, thus adding to ths
Astor estate.
Surrogate Cohalan has ordered t.h*
report to the Comptroller remitted so
correction can be made. A like or
der has been made favoring Mrs.
Madeline Talmadge Force Astor. who
wants a reduction of $39,342.38 jn
transfer taxes, owing to a prenuptial
agreement with Colonel Astor.
Try Surgery to Cure
Youth of Theft Mania
i
VALPARAISO, IND., Dec. IS —
Mary Gibson, of Raleigh, N. C., left
Valparaiso to-day with her son Ran
dolph for Baltimore, where, In keep
ing with a pledge made to Judge Bar
tholomew of the Circuit Court, her
son will enter a hospital for an oper
ation on his head to cure him of the
mania of stealing.
Gibson, who has been a student at
the Valparaiso University, developed
an uncontrollable mania for stealing,
his latest theft being an automobile
in Chicago.
Surgeon Makes New
Joint in Boy's Arm
IDS ANGELES, Dec. 1*.—One of the
most remarkable operations in the an
nals of surgery has Just given a new el
bow to Franklin Whltty, a 12-year-old
Inmate of the Children’s Hospital.
Six years ago the lad suffered a con
tusion at the right elbow, and soon
afterward the ulna or outer bone of ths
lower arm began to grow together with
the humerus or bone of the upper arm. .
Dr. Lewis B. Morton made Incisions ]
In the arm close to the elbow and
carved a new elbow Joint. It was
practically the fashioning of a new
ball and socket where the boy's nat
ural elbow Joint should have been.
$40,000 Left to Care
For Woman's Pet Dog
LONDON, Dec. 18.—In the event of
her dog, Paddy, being alive at her
death, Mrs. Sarah Kgg'.estone, of Up
per Norwood, whose estate was worth
$172,206, left $40,000 In trust, so that a
comfortable home might be found for
him.
The bulk of the remainder goes to
charities.
Starts as Janitor;
Becomes Bank Head
CANTON, ILL., Dec. 13.—W. D.
Plattenberg, who began work in the
First National Bank here 32 years ago
a?* janitor, was to-day elected presi
dent of that institution, to fill the va
cancy caused by the death of W. O.
Dean, _ ^ __
American Warships Are Massed to
Protect Refugees, and Admiral
Fletcher Is Ready to Land Forca
of Marines on Short Notice.
Suffragettes, in Glee, Point to Mrs. Shepherd’s
Talk as Congressman’s Possible Model.
MONTGOMERY, Dec. 13—Alaba
ma suffragists want to ask a ques
tion of Congressman J. Thomas Hef
lin, fearless firebrand of anti-suf
frage They are wondering whether
his latest attack on the women wh«
want to vote, delivered last week in
Washington, was not adapted, con
sciously or unconsciously, from an in
terview given out by a mere, woman,
Mr*. W. L. Shepherd, of this city.
Congressman Heflin’s valiant
speech against, woman suffragists
bristled with epigrams, the most oft-
repeated of which was:
“It is better that a woman control
a voter than a vote.”
The doughty gentleman from the
Fifth Alabama District so proclaim
ed, over and over again. Right proud
he was. it seemed, of his bon mot.
Now, it happened that, a day or
two before the Alabama Congress
man added to his fame by declaration
that the ballot belonged to men and
the home and kitchen and cradle to
women, Mrs. Shepherd, a young
woman popular in Montgomery so
ciety, returned home after a trip to
the East, where she was the guest of
friends In Boston, New Haven and
New York. Mrs. Shepherd is some
what of a thinker herself, and talked
to newspaper men both in the course
of her trip and at home. And this is
what she said:
“Tt is better that a woman control
a voter than a vote.”
In »pl*e of the fact that Mrs. Shep
herd Is opposed to the cause, suffra
gists of these parts rather welcome
her declaration, because it gives them
an opportunity to entertain the zua-
picion that the oratorical gentleman
from the Fifth District, with all his
vigorous talking against their work,
has drawn something of his fire from
the despised weaker sex.
Mrs. Shepherd, the young Mont
gomery woman of the incident, spoke
of her belief in the orthodox system
of government, much along the lines
of the Congressman's speech.
“It 1* the, concern of every woman,
particularly every married woman,
that she be able to Influence and con
trol her voter, rather than her vote,"
she said “There is a very marked
sphere of usefulness In the home.”
300 Pastors to Pray in
Streets on NewYear’s
CHICAGO. Dee. 13.---Three hundred
ministers of Chicago churches will
hold & prayer meeting and other ser
vices of a religious character on New
Year's Eve. These plans were an
nounced by the Rev. Ernest Bell, su
perintendent of the Midnight Mission,
at a meeting of ministers of the Bap
tist churches at the Masonic Temple
yesterday. “We propose to invade th©
loop district on New Year’s Eve,"
said Dr. Bell, “where the usual orgies
have been prominent.”
Mayor Harrison announced yester
day that tin horns, confetti and
“ticklers'’ will be prohibited on the
streets New Year’s Eve.
Aeroplane Secretly
Built for ‘Record’
PITTSBURG, Dec. 13—In a secluded
spot in the suburbs of Wilkinsburg fin
ishing touches are being put to a flying
machine which. Its inventor and builder
asserts, will revolutionize aerial trans
portation.
Th© inventor appeared there, put up a
shed and began work, without revealing
his identity, declaring that he would not
make it public until th© machine is
ready.
Ocean Gamblers Win
$7,000 on ‘Kaiserin'
NEW YORK, Dec. 13.—When th©
Hamburg-American liner Kaiserin
Auguste Victoria, from Hamburg, ar
rived at her pier several of the pas
sengers said that among the cabin
passengers were two professional
gamblers who had succeeded in get
ting about $7,000 from one of th©
saloon passengers.
The name of the man robbed was
not disclosed. It was said that the
gamblers won about $600 on the ship’s
pool and that there was a strong
suspicion that a woman passenger
was their confederate.
Vegetarian Is Strong
Man of University
COLUMBIA, MO, Dec. 13.—Horace
Weltmer, who eats no meat, is the
strong man of Missouri State Univer
sity. He is studying to become a phy
sical instructor.
Weltmer scored 2.580 points in the
eight tests. The average for 900 men
was 1,045 points.
Weitmer ’Thinned” himself up y twen-
Ur-thft
Mexicans on Both Sides Are Exe
cuted by Wholesale After Be
ing Captured—Federals Claim
t an Advantage in the Last Fight.
WASHINGTON, Dee. Xl—Praeri-
eally the entire American fleet now
In Mexican watera haa been massed
outside Tampico, according to dis
patches from Rear Admiral Fletcher
to the Navy Department this after
noon. The battleship Virginia, the
Rhode Island and New Jersey are at
anchor well off the city, while the
gunboats Wheeling and Tacoma are
further Inshore. Navy Department
officials are considering the advis
ability of transferring the remainder
of th# American fleet from Vera Cruz
to Tampico.
Admiral Fletcher has ordered all
Americans out of Tampion. About
BOO refug.es h av. been taken aboard
the warships. All Amerloan women
and children have been taken out of
the city, but some men ha\'e preferred
to remain In Tampico, despite Ad-
mfral Fletcher’s warning.
The commander of the Am erica*
fleet reports that all foreigners are
safe The Navy Department char
tered the Ward liner Morro Castle to
go to Tampico and take on board
such refugees as may wish to leavs
The Morro Castle will reach Tampioo
to-morrow morning.
Situation Growing Worse.
Admiral Fletcher reports that the
situation at Tampico Is steadily get
ting worse. Heavy fighting continues
and the Mexican gunboat Bravo Is
shelling the position of the Constitu-
tlonalists.
Admiral Fletcher has not yet land
ed any marines, but he is* holding a
considerable force ready for Instant
action if either side threatens foreign
property, which, up to this time, has
*not been violated.
Admiral Fletcher has served notice
on the fighting Mexican rebels and
Federals that they must follow the
rules of civilized warfare.
He reported to Secretary of the
Navy Daniels by wireless to-day that
the battle was still going on there,
but that he had made formal pro
test in “the name of humanity
against th© hanging of all prisoners
taken by each side”
This was the first Intimation the
Government had received that the
contestants at Tampioo were using
the same barbaric methods of war
fare that has characterised former
fighting in Northern Merico.
68 Shot or Hanged.
Admiral Fletcher’s dispatch farther
stated that General Aguilar, rebel
commander, is reported to have ar
rived Just outside Tampico with 3,000
men. The Mexican Federal gunboats
Vera Cruz and Progreso are en route
from Vera Cruz to Tampico.
Admiral Fletcher’s protest, which
he says has been transmitted to both
the Federal and rebel commanders,
was brought about by the hanging of
three rebels by the Federals In full
view of the shipping and the city.
About 65 other prisoners also have
been shot or hanged. Admiral Fletch
er did not report what answer was
made to his protest.
The neutral zone established by
the American commander and guard
ed by the guns of the American fleet
has not been violated. Arrangements
have been made to care for all the
Americans at Tampico, about 500.
The army transport Sumner, which
sailed from Galveston, Texas, will
take the majority of these refugee©
on board and care for them until
fighting is concluded.
Spain Demands Protection.
New complications developed in th©
Mexican situation to-day that majr
result in forcing the American Oo~-
prnment to abandon its “waiting pol
icy.”
They were brought about by a de
mand from Spain that her subject* at
Chihuahua City be protected by the
United States. The rebels under Gen
eral Villa are alleged to have threat
ened them with death unless thev
leave. 1
Xa* <iwiuajkd wo© fear