Atlanta Georgian. (Atlanta, Ga.) 1912-1939, December 16, 1913, Image 7

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inrv ia VimvivuiAi* aim) i\rj vv *•>. Continued From Page 1. „„ entirely proper, just and fair ar gument.” Attacks Conley Testimony. wtornev Rosser devoted much of an attack on the ttftj- ^ by Conley. Dalton and o,e iin” " h0 formerly worked at the R as to Frank's alleged lntmo- lle contended that a gross committed in allowing factm rality ,. r ror had been . .„ an on the record. Ist.Trn.-v (leneral Felder declared mountain of evidence had been gainst Frank and that, cer- ,,h the Supreme Court would not, :'! nk'.,f reversing the lower court on i ground of insufficient evidence, e then turned to several of he ‘ h ,. cal grounds advanced by the ;X n » Paying particular attention , expression of doubt by Judge R °Y iudge has no more right." he ... a to impeach his ruling on a petition than has a jury, after it is discharged to impeach the verdct iit as rendered. A bill of exceptions ;‘ tn n ,,t be used by a judge to record i s mental process or his doubts. Au- ow.rities have been cited by the de- tcnse. but it will be found that the eher court never lent an ear ex- ;: e pt where the doubt had been re corded in the order overruling the motion for a new trial.” Excitement was lent to Tues days hearing on the appeal for a ne * trial by Dorsey’s repetition Of t l, e charge that Prank or his friends deliberately had engineered a ••plant” .rainst Newt Dee by secreting a bloody shirt at the negro’s house. Dorsey was commenting upon the testimom of Miss Hattie Hall, a stenographer at Montag Bros., when the ruction between the opposing law yers was threatened. Dorsey Attacks Testimony. The Solicitor remarked that it was “very, very strange” that Miss Hall at the Coroner’s inquest should swear that she had helped Ffank on the financial sheet the morning of the Saturday that Mary Phagan was murdered, and then, at the trial, when it became necessary for the defense to establish that Frank did the work on the financial sheet Saturday aft ernoon, and not Saturday morning, that she. was mistaken and that she never had seen the financial Sheet at all. There was a buzz of whispered pro- •cst among Flank’s lawyers and after a moment's hurried search through the brief of evidence, Attorney Ros ier arose indignantly to make objec tion. Presiding Justice Beverly D. Evans cut the lawyer short before he could .lash with the State’s attorney. There is no necessity for an objec tion, Mr. Rosser,” he said. "You can interpret the evidence as you under stand it when you present your argu ment. The court will read every line of the evidenced) there will bo no opportunity for the justices to be under a misapprehension as to ex- vvhat was testified at the trial.” But this was such a flagrant mis statement of the facts and the evi dence," persisted Attorney Rosser, "that 1 couldn't let it pass without calling it to your honors’ attention.” Dorsey Makes Retort. Dorsey resumed his address with the spirited remark that he was cer tain of his ground; that he had checked up on all the evidence and that he had quoted it substantially as it was in every instance. "Talk about twisting and contort ing.” he said, "I want to say their brief of argument is most misleading and unfair. I ask that your honors stay ' lose to *the brief of evidence and see exactly what the witnesses had to say.” Continuing his argument, the So- 1 ■ t »r presented a graphic portrayal "f what the State believed Frank had done at the factory on the Saturday afternoon Mary Phagan was slain. "No. Prank wasn’t working on the financial sheet,” he declared. "He had other work to do. By one of the de fense's own witnesses, in addition to HIGH- CLASS COMPETITION is giving Atlanta telephone 'isi i's a splendid service at I'casnnable rates—a phone in your home for 8 1-0 cents a 'lay. No city where com petition has been stifled is ' ajoying either as low rates ,,r uniformly excellent service. I hose are strong reasons "’by you should use the At lanta telephone. ATLANTA 1 elephone ^telegraph COMPANY Miss Hall, we established that Frank I always made out the financial sheet . Saturday forenoon and not in the i afternoon. Miss Fleming, a former stenographer at the pencil factory, I called by the defense as a character I witness, was trapped by us into say- ' ing that She had helped Frank in the morning. ^"This Is what Frank was doing. He was placing the notes hv the side of the dead body of Mary Phagan, whom he had slain. He had forced Jim Conley to write these so that he could use them In the event Jim did not come back to burn the corpse. "He also pulled out tlie staple In the rear door In the basement so that the first thing that the detectives would think would be that the mur derer of the litth- girl had escaped by this door. That is the explanation of the pulled-out staple. Details His Theory. •‘He went to get the parasol of the tittle girl and this he dropped down the elevator shaft. Along with this he dropped, a ball of twine, although the twine about Mary Phagan’s neck was the regulation length and was knotted like the pieces of cord that hang near the finishing room on the second floor. "He was writing that note to his uncle. Its contents, devised to shift suspicion from his shoulders, did the Very opposite. His assertion that •nothing startling has happened’ showed that something startling had happened." ,F Continued From Page 1. 2 Suspects Held At Covington for Attack on Woman COVINGTON. Dec. 16.- Two ne groes are under arrest here to-day on suspicion, but there is no direct evidence against them, in connection with an attack on Mrs. J. S. John son at Starrsville, near here, yester day afternoon. The motive is now believed to have been robbery as con siderable money was in the home of the Johnsons, and she was alone, with the exception of one small child. Mrs. Johnson was badly bruised about the head, but not seriously hurt. She is much better to-day, though very nervous. She does not remember what took place after she was hit from behind, as she was sew ing on a machine. Hater she was found by an aged negro man, in a semi-conscious condition on the floor of her home, gagged, with a belt tied around her neck, her clothes torn and saturated with kerosene. The room In which she was lying was disorder ed. Mustache Medal for All-American Player CHICAGO, Dec. 16.—Nelson Norgren. picked by nearly every expert in the United States as halfback of the first All-American football team, and captain of the University of Chicago squad, to day was declared the most successful cultivator of a mustache in the uni versity. He was presented a handsome set of shaving "tools’’ by the girls of the Senior class. McDermott to Quit Race for Re-election burn a big blister on my hand, and if 1 had drunk it it probably would have killed me. 1 don’t know how it came there, and I do not accuse anyone of putting it there—but 1 know it was there. Warned by Note. "I have been an invalid ever since 1 entered the prison. I weighed 318 and toast most of the time, suffering weigh 138. 1 was on a diet of milk pounds when I went in. and now I with necrosis of the backbone and being unable to eat. On the evening of September 7, 1912. they brought me two small pieces of toast and a half pint of milk in a pint coffee pot. Un der the lid of the pot was a slip of paper hearing my name and my number. 2894. I opened the pot and a slip of paper floating on top of the milk, and on the paper was discerni ble the word "lye." I stirred the milk with a spoon, and then touched the spoon to my left hand. It burned a blister, the scar of which is still on my hand. "And about the middle of May of the same year Floyd Chapman. Reg ister No. 3207, nearly died after drink ing a cup of coffee brought to him by a special waiter. Chapman was serv ed with a bowl of coffee, with plenty of milk and sugar, w'hile the other 900 men got black coffee from the mess pot. Chapman drank the cof fee. and immediately was seized with violent illness. A doctor was called and operated upon him at once, the operation very nearly prov ing fatal. Roberts said he does not know who gets the money realized from the sale of the bread to outside persons. Sell Prison Bread. "I know they sell the bread baked in the prison to parties on the out side." Roberts said. "I saw Dr. Craw ford, an eye specialist, pay his bill of $1.94 the other day. and when 1 asked him what it was for he said It was for some provisions he had gotten from the prison kitchens. Every afternoon they take a crate of bread. as mu h as two men can carry, out of the gates and sell it. It is the bread that is left over from the guards’ mess, and they sell a large loaf for 4 cents. That ought to be good news to the union bakers and pastry workers of Atlan ta. to know that Warden Moyer, with rent free, fuel free and labor free, is | cutting prices on them and taking their business away from them.” Roberts declared that the prison | physicians are handicapped in their! work by the refusal of Warden May - l or tO ol der nro ssar> medicines and supplies. "In my own case I was forced to go for two years in the greatest pain because Moyer would not conn tenant* 0 the purchase of'a 25-cent air cushion far m< ” Robeni said, "and mans of the other men are in the same fix. i The doctors order the medicine, but I their lists are submitted to Moyer and ho cuts them down. When a man is sick with a chronic illness and there is but one medicine that w 1 give him relief, there is but one way to get it. He has to write to his folks to send him a quarter’s worth ->f the medicine. The letter goes through Mover's hands, he gets it and semis the medicine from the prison sup plies.” To Complain to Howard. Roberts says he is going from here to Washington, where he expects to call upon Congressman William Schley Howard and endeavor to get his complaint before Congress. From there he will go to Brooklyn, where he has a son-in-law living. “Mv pardon came early yesterday morning." Roberts said, "and 1 ought to have been released at once. They held me out there until last night, however, and then brought me to town and tried to put me on the 9 o’clock train. I refused to go at night and wanted to stay over until this morning, and then the guards that were with me refused to give me my transportation. I’vq had to wire home for money to get out of Atlanta on. and expect to get it some time this afternoon.” While Mr. Alexander told Roberts that it is not in his province to order or make an investigation of the pris on. he heard the complaint and had his stenographer take it down for fu ture reference. It is understood that Mr. Alexander will keep the informa tion on file in case it should ever be called for by the Government. CHAMBERLIN=JOHNSON=DuBOSE COMPANY New City Officials in Macon Wednesday MACON, Dec. 16.—There will be a change in nearly all of the department heads of the city of Macon to-morrow, when the men who held office for four years under the Moore administration give way to the appointees of the new Mayor and Council. G. S Riley becomes Chief of Police; U. A. Miller Chief of the Fire Depart ment, Walter DeFore City Attorney, Davy Jones City Clerk, Jack Deitz Chief Sanitary Inspector and George Oxley Street Superintendent. WASHINGTON, Dec. 16.—Representa- J tive James T. McDermott, of Chicago, recommended for "censure" by the House lobby committee which investi gated the Mulhall charges. has an nounced he will not be a candidate ofr re-election. This solves the question of disposing of his case, and as a result the Demo crats will probably defeat any plan to expel him. Senator or Nothing, Says Gov, Johnson SAN JOSE. CAL, Dec. 16.—Governor Hiram W. Johnson will be a candidate for United States Senator to succeed j Senator Perkins, or he will not be a { candidate for any office. This statement was made following a mass meeting here in the Garden Theater. GIFTS FOR MEN ALL HANDSOMELY BOXED Our reorganization sale prices apply to all holiday gift things just as they do to our reg ular line of wearables. Purchases were made for these Christmas goods long before we anticipated this sale, and as a consequence you reap the benefit of the reductions. We call particular attention to our display of Umbrellas, Canes, Mufflers, Neckwear. Gloves, Handkerchiefs, Hosiery, Bath and Lounging Robes, Smoking Jackets and va rious novelties suitable for gift things. Look the articles over at your leisure and note the saving on our special offer. CLOUD-STANFORD CO. 61 PEACHTREE STREET Express Train Runs Away as Crew Eats CENTRA HI A, WASH., Dec. 16. While ! the crew of an express on the Great Northern w r cre in the lunchroom at the station here the train, with six coaches ■ and 100 passengers, ran away. A mile and a half from the station Ex- j press Messenger Atherton crawled over , the tender and stopped the train Former Atlantan Dies in McDonough SPECIAL HOLIDAY RATES To TEXAS VIA Southern Pacific Sunset Route Elbert J. Whitehead, aged 40 years, a former well-known business man of Atlanta, died Monday night at his home in McDonough. He had been in ill health for several months and his death was expected. He is survived by his wife, who was Miss Annie Dailey, of Atlanta, and two small daughters. Other near relatives are hi* parents. Mr. and Mrs. W. A. J. Whitehead, of Rockmart. and two brothers \\ L Whitehead, of Atlanta, and R. H. White- head. of Burlington. N. O. The funeral will take place in McDonough Wednes day morning at 10 o’clock. OBITUARY. Mrs. E. C. Jackson, grandmother "f \y Jackson, professor of civil en gineering at Tech, died at her home. No. 457 Piedmont avenue. Tuesday Mrs Jackson was 77 years old. She had been 111 only a short time In addition to Professor Jackson, she is survived bv one son. •.. H -laekson. and one grand-daughter. Miss Hattie Mav Jackson. The body is at Green berg & Bond's Chapel and will be re moved Sunday to Winder, Ga.. for funeral and interment. Funeral arrangements w-lli he an nounced later for Helen, the 4 month - Old infant of W. T. Phillips, who died at her home. No. 45 Eads street, Mondav afternoon. The body is at Harry G. Poole's undertaking estab- llshment. Mrs. Ella Smith, who filed Monday night at 7 o'clock at h»r residence, will be buried in Tallassee. Ala.. Fri day. following funeral services to be held there. Mrs. Jennie Parrish, 65 years old who died at her residence, Xo. !1J Oak street, Monday night, will he buried in Oakland Cemetery, following the funeral services, to lie held \\ ednes- dav afternoon at .1 o’clock. Mrs. 1 ar- ris'h is survived by two brothers. Har ry Smith and the Kev. F. K. Smith, the latter of Ellijay. Tickets on sale Dec. 20th, 21st and 22d, Final Return Limit Jan. 18th, 1914. Superior Service from NEW ORLEANS Daily. Winter Tourist Rates to Many Texas Points. The Exposition Line===l9l5==To California and Pacific Coast The Sunset Limited-No Extra Fare—The Sunset Express Oil-Burning Locomotives—No Soot, Dust or Cinders. Call on us for information, literature and reservations. 0. P. BARTLETT, G. A. R. 0. BEAN, T. P. A. D. L. GRIFFIN, C. P. A. 121 Peachtree St. Atlanta, Ga. CHRISTMAS HOLIDAY FARES VIA SOUTHERN RAILWAY TO ALL POINTS IN ALABAMA. FLORIDA, GEORGIA, KENTUCKY, NORTH AND SOUTH CAROLINA, TENNES SEE, VIRGINIA, WASHINGTON, D. C., AND CINCINNATI, OHIO. Tickets on sale December 17 to 25 and 31, 1913, January 1, 1914. Good to return until midnight, January 6, 1914. ALSO TO MANY POINTS IN Arkansas, Illinois, Iowa, Minnesota, Missouri, Nebraska, Oklahoma, S. Dakota, Texas, Wisconsin. Tickets sold December 20, 21, 22, 1913. Return limit January 18, 1914. Call on any Southern Railway Agent for complete informa tion as to rates, routes, schedules, etc. CITY TICKET OFFICE, I Peachtree St., Atlanta ATLANTA NEW YORK PARIS A Little Lot of Charmingest White Waists Make Up a Fine Christmas Sale $5.75 and $6 Waists are $3.95;$6.95 and $7.50 W aists are $4.95; $8.75 Waists are $5.75 A precious group of Christmas pres ents! And a good, fine saving on every one. Those who intend to give waists would choose just such as these. They possess just those points that women most like—of sheer white batistes prettied with cluny, linen and Irish crochet, laces and hand-made tucks. What is more, many of these waists are hand-sewn! High-neck and low-neck models to choose from. • Who would not take pride in giving such a waist, and where is the woman who would not like to own one? \\ e caution you, though, the number is limited (which accounts for the reductions), so you will shop early to-morrow. Give house Robes for Comfort’s Sake Robes for men and women. A comfortable year of chilly mornings and of evenings at home for those who receive these luxurious robes this Christmas. The Christmas display is in full bloom right now. Quaint and beautiful Japanese quilted robes of silk for women, flowered in natural colors. Blanket robes and Terry cloth robes for men and women. Light morning colors and darker shades, too, among the women’s, usually they are faced with satins. The men’s are richer and heavier—dark reds, browns, greensand blues, Indian pat terns dominating. You will find it a satisfactory assemblage. Prices begin at $3.95. % Do You Remember (he Old Time Shawls? When You Give Gloves,Give BESTGloves And what a comfort they were t No, they are not a thing of the past by any means. We’ve captured in time for Christmas crowds a fine lot of hand-made shawls, hand-em broidered in Japanese design. And they will not go to the elderly women entirely either, young folk will want them for evening wear. Prices begin at $4.95. With these are rich Scotch plaid breakfast shawls, all wool and very soft and fine. Prices begin at $1.00. I n other words, choose your gift gloves from the Chamberlin - Johnson - DuBose Company stocks. We have done all that a woman usually has to do—we have seen to it that the best gloves at their respective prices are here. Yours but to make selection! Crowds are growing thicker around the glove section, so we’ve an augmented salesforce to help expedite things. And you, too, may help if you will take the early hours of the day to go to those sections where there is sure to be great busv-ness. The glove section is one of them. A familiar phrase: “Chamberlin - Johnson - DuBose Co. always have the prettiest handkerchiefs.” These Newly-Arrived Silk Pet ticoats Will Make Fine Gifts Perhaps you had intended gi ing a silk petticoat. Wc doubt if you had expected that your gift would he quite so attractive as it may be now. JTere is the latest petticoat news. —A jersey petticoat with accordion-pleated double flounce of chiffon. The tape flounce is the shade of jersey, the under-flounce a contrasting shade, new and smart. These shades, green and red, royal and cerise, taupe and mais, navy and American beauty, $5.00—a heavy, crinkly crepe de chine petticoat with knife-pleat ed flounce, in black, white, navy, king’s blue, Copenhagen, royal, pui-ple, wistaria, lilac, lavender, taupe, gray, American beauty, emerald, Russian green, shades of brown, tango, mahogany, pink, light blue, mais. $5.00. —A plain crepe de chine petticoat with no flounce at all, just a four-inch hem—all colors, $5.00. —A jersey petticoat w ith embroidered flat flounce of crepe de chine $5.00. —A messaline petticoat with embroidered flounce at $3.98. And worlds of plain messaline petticoats at $2.98, $3.50 and. $3.98. Ike know a little boy who is going to get his heart’s desire--an electric train that backs up and automatically couples up the cars. We know a little girl who is going to get the doll she fondled and caressed so long\ that mother finally lost a lit tle patience. What does the little boy or the little girl at your home long for? We do not doubt but what it will be found in this toy store, where everything is new and bright and Christmas-y. See it, it’s a splendid sight and certainly it is proving a fine help to Santa Claus. Chamberlin-Johnson-DuBose Co i