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r 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