Below is the OCR text representation for this newspapers page.

IN RAID. WAR ON TIMS AND CHIBS OVER iOO,000 THE SUNDAY AMERICAN'S NET PAID CIRCULATION 77..\ nal Southern Sunday Newspaper The Atlanta Georgian Read for Profit—GEORGIAN WANT ADS—Use for Results VOL. XII. NO. IT ATLANTA, GA., TUESDAY, DECEMBER 16, 1913. Copyrlg-M, 190«, o ptpvrrpc PAT NO By The Georgian Co. ^ J o. mithb STATE’S HIGH COURT WEIGHS FRANK’S B 'With Seven Managers Under Ar rest, Warning Is Issued to Locker Clubs. More than 1.000 quarts of whisky ivere disoovered at the Western and f"eight depot, at the foot of Serine street, by detectives Tuesday s'teraoon unsigned to Will Strong, a no ' ' negro blind tiger keeper, .. order of Chief Beavers * , r - >ng crusade against the il licit rale of liquor. * clicials of the Western and Atlan- mne lately were notified by the hold the whisky pending a - roug : investigation of the origin of -he shipment and its intended use - ■■ Strong was placed under a:: - nd will be arraigned for trial b, ■ • Recorder Broyles Tuesday aft er on. barged with operating a blind tiger. The negro has been tried repeated- blind tiger charges, particularly r n he w is -he proprietor of the old V :ne Hotel in Ivy street, a notorl. ous resort, Trials Postponed. h -'Tenements of the trials of the ,, n locker club managers arrested ee ing raid Monday on charges iating he liquor law were se- ured in the Recorder's Court Tues day afternoon when their cases were Five of the trials were postponed il December 24. These included A Morris, manager of the T. M. A.; C. II Butts, manager of the Central Club: William Wolpert, manager of Ae Otvip <Tub: H. P. Pitts, manager of th<* Beavers, and S. R. Green, man ager of the Eagles. The cases against H R. Smith, manager of the Theatri- >1 nub, and A. P. Smith, manager f the Metropolitan Club, were post- lon. ti indefinitely. In these last two Key, ;ut onipy for I 'he defendants, stated that he had I 'een <'.ill' • l to Savannah on business and would not have time to prepare the cases until his return. All of the club managers are out inder bonds of $200 each. 1'ntil th* disposition of these cases, ' t Ijanford declared, a strict sur- '''•illance will be kept on the clubs, and in cm of nny further violations, | as is . 1. new cases will he made. Recorder Scores Club*. Tin Re. rder Broyles is working rmon with the action of the poli'c was shown by his severe ar- raignmen: • the locker clubs in the ^ of j. w. Durden, a young medi al studen' who was tried Tuesday for disorderly condflct. tog I . An was arrested after • n into the Girls’ High and Mitchell M-i:>v night. He had un- ■ i. leaving l>is clothing in ' J - • roceeded to his home ; itol avenue, clad only Victims Are Trapped 1,500 Feet From the Mouth of Colo rado Shaft. DENVER, Dec. 16.—A long-distance telephone message, from Newcastle, Col., where an explosion occurred in the Vulcan mine this morning, states that it is believed that all of the 45 miners under guard at the mine have been lost. Thirty-eight were known dead at 1:15 p, m., and their bodies now' are being brought to the surface. Relief trains are being hurried to the mine from all nearby points, but It is be lieved they will he unable to accom plish any results. Smoke stilt Is belching from the shafts of the mine and the rescue work is proceeding under difficulty. It Is believed that the explosion originated at a point at least 1,500 feet from the portal of the main entry. The force of the explosion was suf ficient to wreck the fan, but rescuers reported that they had gone several hundred feet from the portal before encountering any serious obstruction in the main tunnel. Miners from Spring Gulch, twelve miles distant, equipped with helmets, arrived at Newcastle at noon to aid in the rescue work. The mine is owned b” the Rocky Mountain Fuel and Iron Company, of Denver. AT CHARLESTON. FIRST—Five and a half furlongs: Bulgarian, 115 (Pickett), 7-1, 3-1, 7-5, won; A1 Jones 115 (Glass), 9-5. even, 1-2, second; Cliff Maid, 112 (McTag- gart), 5-1, 9-5, 3-5, third. Time, 1:09. Sir Caledore, Kettle Drum, Massenet, Dick's Pet and Jezail also ran. SECOND—Five and,a half furlongs: Loan Shark, 108 (Frasch), 4-5, 2-5, 1-5, won; Loretta Dw'yer, 98 (Mur phy) 20, 8, 5-2, second; Servicenee, 108 (Martin), 9-2, 6-6, 9-2, third. Time, 1:08 3-5, Rye Straw-, Snowflake, Hearthstone, Coming Coon and Harry McIntyre also ran. THIRD—Five and a half furlongs: Americus, 108 (Corey), 12, 5-2, 7-10, won; Amoret, 113 (Hanover), 7-2, 9-10 2-6, second; Deduction, 111 (Glass), 30, 10, 7-2, third. Time, 1:09. Briar Path, Ann Tilly, Viley, Chester Krum and Robert Bradley also ran. AT JUAREZ. FIRST—Six furlongs: May L., 112 (Groth), 3-2, 1-2, 1-5, won; Hykl. 115 (Loftus), 7-5, 1-2, 1-4, second; Woof, 105 (Dlshman). 20, 8, 2, third. Time, 1:22 2-5. Claribel, Panhachapl and Prospero Boy also ran. ENTRIES. AT JUAREZ. FIRST—Selling, 3-year-olds and up. 6 furlongs: Retente xl02, Army Maid xl&7, Carter 107, Swift Sure 107, Gold. Dust 112, Billy Myer 112, Frank Wooden 112, Dahlgren 112, Joe Woods 112, Ev- ran 112, Foxy Mary 112, Binocular 112, Brack Bonta 112, Sinn Feinn 115. SECOND—Selling. 2-year-olds, 6 fur longs: Round Up xlOl, Milton Robles xl03. Bob Hensley xl03, Augustus Heinze 103. Malay 107, Prospero Son 107, ICd Luce ill, Sosius 111. THIRD—Selling, 3-year-olds, 5% fur longs Tyree 100. FYazzle 105, Marsand 105 Rose of Jeddah 105. Ursulla Emma 108’ Pendant 108, Thistle Belle 108. FOURTH All ages, Azteca handicap, mile- Voladav, Jr.. 100: Just Red 100, Vested Rights 108, Bonne Chance 11" FIFTH—Selling, 2-year-olds, 5 fur longs Ajax 102, Maid of Norfolk 102. General Warren 102, Say xlOS, Thomas Hare xlOo, Muy Buena xl08, lea Estrella ltd. George tlO. Old Gotch 110. Ala bama Bam 110, Ida. Lavinia 110, Art Hick 113. Ex-Southern Leaguer Saves Eight FromFire CINCINNATI, Dec. 16.—Two per sons perished in an incendiary Are which to-day destroyed the old West End Turner Hall, used by the Salva tion Army as a lodging house for needy men. Scores of men were overcome by smoke. Many were se riously burned. It is feared that eight of these may die. The blaze was discovered by Wal- lie Mayer, a member of the Chicago American League baseball club and formerly star catcher of the Bir mingham Southern League club, who risked his life in saving eight chil dren in a smoke-filled tenement house next door, to which the flames had communicated. W, McE. Johnston, Of Macon, Is Dead a blanket. Letters found den afterward in'the Brov ■t 1 Hu* raids Mon i i'*ign i r 'ude . ni? ;•( ! Th- *h 0 were ' ar<i Plannir the • r' tied its owner and Dur- • -D-d. Before Recorder ided intoxication and ! had purchased the " kor club of which he member. ive served some aw- re." said the Recorder, such an effect on you. looker clubs that dish young men should be r''y with.” n. Superintendent of red In court to make a for Durden. On this ' was fined only $15.75 refrain from further . r clubs. J-anford Open* Crusade. declared that the on the locker clubs ' rerunner of a cam- fulness thf\t will in- in the city, from the lowest. nagerg of locker clubs d .Monday afternoon ugorous fight against a of clem a. the , : earned Lf h v will'be” DiLniou t-. ‘■' A ’bo persona’ submitted PanH ‘ ° Personally accom- ither;. a’. Moon and Patrick q.., - ie club men have en- ' a nd declare that they - r *leht to the highest arc before they admit “We ht; to conduct the / t f '" thr law,” said one *aow and so far as ws If any parson H hi', :/"' : »bcr has sought liq ’ without our knowl- MACON, Dec. 16.—William McEwen Johnston. ’ probably Macon’s wealthiest citizen, died to-day after an illness of several' weeks as the result of paraly sis. He was 64 years of age. Mr. Johnston came to Macon from New York about 25 years ago, but he was born and reared in Tennessee. In New York he was associated in Wall street with his uncle, the late Richard Wilson, and there made a fortune. He was vice president of the American Na tional Bank of Macon, and largely in terested In other enterprises. SIXTH—Selling. 3-year-olds and up. 6 furlongs: King Radford 107, Masurka 107, Eve White x!07. l.abold xllO, Fa- neuil Hall 112. Tom Franks 112, The Fad 112. Island Queen 112, Balronla 112, Chilton Trance 112, Galley Slave 112. x —Apprentice allowance claimed. Weather cloudy; track heavy. AT CHARLESTON. FIRST -Purse, 8300. all ages, selling, 5L, furlongs: Deerfoot, Dr. Jackson. Minis. I'lem Beaehy 115, Camellia. Judge Moncke, Clifton ueen 115. Pikes Peak 107, xHelen M 94, xTheo Cook 113. Margerum 115 Malik 102. SECOND—Purse $30 all ages, selling. 5y 2 furlongs: xCharles cannell 94, Elsewhere 115, Incision 115, xHenotic 110, Vigorous 118 xllandseletta 107, El sie Herndon 115. Lurta 112, Golllwogg. 115. Tony W 115, Flatbush 99. THIRD—Purse $300. 2-year-olds, sell ing 6 furlongs: xTrademark 104. xCa- raqua 98 xSingle Ray 91. Supreme 109, Laura 101. xWoodraw 100. Thelma J. 107. Ambition 111. FOURTH —Fort Moultrie, selling stakes of $1,200. 3-year-olds and up. 7 furlongs: xArmour 109. xSherwood 111 Grosvenor 1.02, Dartworth 112. Joe Diebold 112. Duquesne 115, Colonel Ashmeade 107, Prince Ahmed 112. FIFTH Purse $400. all ages, handi cap 6V 2 furlongs: Miss Gayle 96, Gold Cap 114 Campeon 108 Monocacy 100, Lady Lightning 108, Madges Sister 85. SIXTH—Purse, $300 3-year-olds and up 'selling. 1 mile: xPort Arlington 106 xMycenae 106. xCharles F. Grain ger 106, Reno 106. xKinder Lou 101, xLady Orimer 106, Plain Ann 111. Yan kee Pooh 111, Queed 106. Bernadotte 109. Volthorpc 111. Ruisseau lit. xApprentice allowance claimed. Weather clear; track fast. Society Girl Works Day as Hotel Maid For Stage Training Wilson Has Reversed Lever, Says Uncle Joe WASHINGTON, Dec. 16.—"President Wiison reversed the lever, the Demo- cratic Congress followed his direction. This reversal has so slackened business that in many places It lias almost stopped." "Uncle Joe" Cannon In this fashion described conditions in the country, putting the blame squarely on the Dem- ocrats. Tired of Foreigners, Chinese Burn Towns Special Cable to The Atlanta Georgian. HONGKONG, Dec. 16 Many foreign missionaries are in peril from a revolt in Southeastern China. British offi- Hals were notified to-dav that hundreds of natives have armed themselves, and, led by agitators preaching "death to foreigners,’' are burning Isolated mi lages. STORY KEPI i CANDLER IN FROM PEN HOT TILT Hearst Papers Exposing Condi tions Bared at Federal Prison, New Horrors Bared. Bitter Personal Attacks Viewed by Politicians as Indications of Pretty Marie Freeman, an amateur actress of no mean ability, has solved the problem of how to act. Miss Freeman, who lives at No. 148 West Tenth street, will play tile part of the maid In the S. V. D. society vaudeville entertainment for the benefit of the Home for the Blind at the Atlanta Theater Wednesday night. The problem then with Miss Free man was “how to act like a maid." The answer was easy: "Why, I will just go and be one for a While." she said, and she did. Tuesday morning Manager Frank Harrell, of the Hotel Winecoff, re ceived the surprise of his life. It was in the form of a telephone In quiry from Miss Freeman to know if he desired the services of a maid for a day. When the object of this inquiry was explained to him, however, Mr. Harrell was delighted to give his assent. Immediately Miss Freeman donned the costume which she will use In the play Wednesday night and repaired to the Winecoff, where throughout the greater part of the day she pursued the duties of a regular maid. Continued on Page 7, Column 3. Mayoralty Fight. William H. Moyer, warden of the Atlanta Federal Penitentiary, haw barred from that institution all news paper* containing: articles written by Julian Hawthorne, who begins the story of his life in the local peniten tiary in next Sunday’s American, ac cording to a story told The Georgian and United Staten District Attorney Hooper Alexander Tuesday morning by John C. Roberts, who was released from the prison Monday afternoon, pardoned after serving: five years. “The order was Issued some time yesterday,” said Roberts. “I learned of 1t through one of the convicts who works In the office. He came to me and asked me if I wouldn’t fry' to get someone to make the warden let the papers come In, because every man of the 900 confined there wants to read what Hawthorne has written. And Warden Moyer is afraid to let them do it, because he knows as well as they do that Hawthorne will write the truth, and that the truth would not he very flattering to him.” Trying to Bar Hearst Papers. Roberts declared also that it is well understood among the prisoners that Warden Moyer is seeking to bar all Hearst papers from the prison be cause of the stand they have taken in the flght for reform and for an in vestigation of the prison. ‘‘He did bar The Georgian and The Sunday American once,” said Rob* erts, ‘‘but the superintendent of pris ons came down the same day and made him rescind the order. He told the warden that he must not attempt to bar any papers from the prison. We have noticed, however, that copies of The Georgian are awfully hard to get. and especially when they con tain a story of the 111 treatment the men are forced to undergo.” Roberts spent more than an hour in the office of the United States Dis trict Attorney with Mr. Alexander Tuesday morning, and made formal complaint against Warden Moyer’s conduct of the prison. He told sto ries of the hardships the men are forced to undergo, and charged that Warden Moyer each evening sells to the surrounding neighborhood bread baked in the prison bakeshops by the prisoners, underselling the union bakeshops and bread dealers of At lanta and disposing of extra large loaves for 4 cents each. Lye in His Milk. Roberts also told Mr. Alexander of finding concentrated lye in the milk that was served to him in his cell, and of another man who drank a cup of coffee that contained the lye and had to be operated upon, narrowly e? caping death. He told of a man named Kennedy, who has fits and of whom Julian Hawthorne has told, being put in the “hole” and shackled to the wall, the guards not even taking him down when a fit came upon him. ‘‘Kennedy has been in the hole off and on for more than three weeks,” .said Roberts. “He told me they chained him up like a wild beast, and he. was forced to writhe in the ago nies of his fits while shackled to the walls. Kennedy is the man who was beaten over the head by guards until the doctors told them to quit, and after the heating his fits grew worse. “I found enough concentrated lye in my milk on September 7, 1912, to Church Laid in Ashes By Arsonette Band Bitter personal attacks on each other over policies of municipal ad ministration were made by Alderman John S. Candler and Mayor Wood ward Tuesday which are interpreted by many as probable issues of the coming mayoralty election. The fact that political experts pick these two to be the final contenders for the office of Mayor of Atlanta next year Intensifies the color of their lucid diction and sharp re joinders. Of their numerous and feeling “respects” tho exchanges on Tuesday carry the weightiest sig nificance. It is unusual that such an ordinary procedure should have suddenly de veloped such a tempest. A* delegation of women and men called on Mayor Woodward Monday and urged an ap propriation of $500 to open the doors of the Child’s Welfare Exhibit this week without admission. Ashley Introduces Ordinance. At Mayor Woodward’s request Councilman Claude L. Ashley Intro duced a resolution providing for the money at the meeting of General Council and it passed the lower branch. When it reached the Alder- manic Board. Aldermen F. J. Sprat- ling and J. W. Maddox objected to it. While they were arguing Alderman Candler called on City Attorney James L. Mayson for a ruling as to whether the appropriation could be made le gally. When he said it could not Mayor Pro Tern Warren ruled the motion to pass the appropriation out of order, and no vote was taken. Reports were circulated that the action of the Aldermanic Board was a personal thrust at Mayor Woodward. Anyway, Mayor Woodward made it personal. He said: “If Alderman Candler had been so particular about conforming to the law when, as Acting Mayor last year, he approved the crematory contract for $376,000 and the Are alarm con tract for $106,000, he would have saved the city thousands of dollars. “The Supreme Court knocked the spots off the crematory contract and it would do the same to the fire alarm contract If it should ever have occa sion to pass on it. “In view of this, he and Attorney Mayson are a fine pair to stop an appropriation of $500 for the children and mothers of Atlanta., aren’t they? Score* Spratling, Too. "As for Alderman Spratling. he’s another fine specimen. The public will remember that he Is the Aider- man who borrowed hundreds of dol lars from near-beer dealers and brewers’ agents when he was slated to be chairman of the Police Com mittee under Mayor Winn. The Po lice Committee controls the beer sa loons of the city and the beer people were glad to lend him the money, of course. “This thing is a sample of what the people may expect from that bunch.” If Mayor Woodward was displeased Alderman Candler was more so. “Mayor Woodward’s statement speaks for Itself in more ways than one. He Is always ready to violate the law when It suits his purpose. “The Child's Welfare FTxhibit Is a fine thing. So are the churches of Atlanta and the private hospitals fine things; but we can’t legally appro priate money to them He’s Ready to Compare Records. “We were about to establish a prec edent yesterday that might have caused much trouble in the future. 1 would have liked to have helped the Child’s Welfare Exhibit, but I had to be opposed to establishing a prece dent for appropriating money Illegal ly, no matter how good the cause * “As to former conduct, I'll compare records with Jim Woodward any time. “If there has ever been an issue when he did not stand for the worst Interests of this city I don’t know when it was.” Special Cable to The Atlanta Georgian, LIVERPOOL, Dec. 16.—St. Ann’s Episcopal Church at Aigburth was to-day destroyed by an incendiary fire set by suffragettes. The damage was extensive A number of suffrage leatiete were found about the ruins. THE WEATHER. Forecast for Atlanta and Georgia—Fair Tuesday and Wednesday. 1 WASHINGTON, Dec. 16—To re store his civil rights so that he may ~ractice medicine, President Wilson as granted a pardon to Dr. J. W. Morton, who was sentenced to a year's imprisonment in Atlanta with Julian Hawthorne in connection with stock selling frauds. INDIANAPOLIS. Dec. 16.—Geo. E. Davis, alias O'Donnell, of New York, charged with illegal transportation of explosives on railroad trains dur ing the dynamite outrages in con nection with structural iron con struction work, pleaded guilty when arraigned in Federal court to-day. International Secretary Harry Jones, of the association of bridge and iron workers, whose arrest followed Da vis’ confession several weeks ay9, pleaded not guilty. The date for hi3 trial was not fixed. pathy with the miners shall be or- | dered. VIENNA, Dec. 16.—One man was killed and a number of others in jured to-day near Darnow when an express train ran by a block signal and collided with a work train. GAYLORD, Mich., Dec. 16.—A triple*! tragedy occurred to-day at Frederic, Mich., near here, when Rammey Courtney killed his wie, probably fa tally wounded James Damos and was himself shot to death by Damos. Courtney was arrested for larceny in November and has been in jail until a few days ago. Yesterday he learned that his wife and Damos had been shopping together in Grayling and had returned to the house where they were living in the woods above here. Courtney followed them and came upon the couple in Frederic. He shot and killed his wife instantly and then wounded Damos. The wounded man fired a shotgun at Courtney which tore off the husband’s head. Damos was brought here to a hospital. TOKIO, Dec. 16.—Though reports received to-day indicate that the less of life of Monday’s earthquake was small, more than 15,000 are homeless. Vast damage was done along the northern shore, wh— a tidal wave accompanted the ’quake. LEAVENWORTH, KANS., Dec. 16. —Dan Carney, convicted member of a gang of bank robbers that terror ized western Kansas two years ago and who was thought to have es caped from the State penitentiary December 11, has been found within the walls of the penitentiary. In an attempt to escape Carney lowered himself into one of the sewers, thinking to get outside the prison walls. He came up in the laundry to-day. WASHINGTON, Dec. 16.-- By a vote of 35 to 14 the Republican Na tional Committee to-day decided not to hold a special national convention for the purpose of reorganizing the Republican party. WASHINGTON, Dec. 16.—Declar ing their indifference to promises of reformation on the part of Republi can national committee, th© progres sive party members of the House to day adopted a resolution declaring they believe “presidential candidates hereafter will be nominated not by convention but b direct vote of th© people” and indorse President Wil son’s direct primary policy. CINCINNATI, Dec. 16. —Julian Fleischmann this afternoon declared that Garry Herrmann would retain his position as president of the Cin cinnati Baseball Club and there would be no change in the directorate, but refused to discuss the course to be taken if President Ebbets insisted on his claim on Tinker. DENVER, Dec. 16.—Four hundred delegates, representing 200 labor unions in all parts of Colorado, met here to-day to discuss the strike of the miners in the Northern and Southern field*. The big question to be determined is whether a gen eral strike of all unionists in sym- WELLINGTON, NEW ZEALAND. Dec. 16.—The New Zealand Legisla ture adjourned to-day. after the long est session in its history, 173 days. City Electrician's Pay To Be Raised: No Protest Made Platonic Marriage Agreement Fails; Divorce Is Sought While Council did not hear the “graft” probe report on City Electrician Turner Monday, it raised the salary of the office from $1.80 Oto $2,400 .a year, beginning January 1, 1.915. The electrician who will hold the office under the new sal ary will be named at the election next fall. The probe committee, composed of the Board of Electrical Control and the Council Committee on Electric Lights, will make Its report at the next meet ing, but the fact that the raise in ttye salary of the office was allowed to go through without any , protest indicates that the findings will be mild. Before the salary raise goes to Mayor Woodward to be signed It must be passed by the Aldermanic Board. Probe by Grand Jury For McCann Mystery NEW YORK. Dec. 16. -District At torney Cropsey, of Kings County, will conduct a Grand Jury investigation Into the disappearance of Jessie Evelyn Mc Cann. This Is in compliance with a re quest ma/le by the-police, who believe that all the facts connected with the disappearance have not been given to them. Relatives of the girl and numerous young men will be subpenaed. It Is al leged that her motive for leaving home has been concealed. President, Better, Meets His Cabinet U. S, Radium Wasted, Says Federal Report WASHINGTON. Dec. 16. Deposits of radium-bearing minerals In the United States are being rapidly depleted by wasteful exploitation, chiefly for the benefit, of foreign markets, says a re port issued by the Bureau of Mines From Colorado and Utah, said to pos sess the most important rad him-bear •> Ing deposits in the world, the report said, there was shipped to Europe in 1912 carnotlte ores values commercially at $792,000 Gary to Have Woman Head of Police Force GARY, INI)., Drr 16 Mrs Kats WoodH Ray. a auiTrapa leader, to-fiay wan appointed a member of the board of public safety by Mayor Knotts. The other two members of the board have promised to fleet her president. She will be the only womun head of a met ropolitan police force in the United States. WASHINGTON, Dee. 16.—Presi dent Wilson to-day has practically recovered from his attack of grip. He cancelled his engagements for to-day, however, with the exception of a brief Cabinet meeting held in the Presi dent's library in the mansion and not in the executive offices. Dr. Grayson desires the President to stay within doors for at least an other day so as to forestall any Chance of a relapse. T. R. to Start After Beasts of Jungle Special Cable to The Atlanta Georgian. CORUMBA, BRAZIL, Dec.* 16.—- Theodore Roosevelt and his party ar rived here to-day from Porto Mur- tinho on board a Paraguayan gun boat. They will leave shortly for the Interior on a hunting expedition. A large crowd greeted the party when it arrived here. N.C.&St.L.Ry.Head Dying of Pneumonia Attorney General, Upholding Dor sey’s Methods, Is Scored by Rosser, of Defense. WILLISTON, N. D„ Dec. 16.—Cleve Culbertson, convicted recently of th© murder of three members of th© Dil lon family in Ray, N. D., was taken from jail to-day by a mob and hang ed from a bridge near here. MEXICO CITY, Dec. 16.—Deposit ors started a run on the Central Bank to-day and it was closed this after noon. This is the first bank failure in th© capital since General Huerta became Provisional President. When the doors were shut there was a great throng at the bank clamoring for money. Assorting that he had found It Im possible to live under the same roof with his wife, despite the fact that they had agreed so to live on a purely platonic basis, J. W, Dunford Tues day filed a second petition for di vorce in the Superior Court against Mrs. Nanny Dunford. The petition states that Dunford filed suit several years ago, but that it was withdrawn after he and ’lls wife had reached the platonic agree ment. He charged cruel treatment in his first petition, and In the second one charges that even under the agreement the cruelties continued. Mrs. Dunford was Mrs. Nanny Hambrick prior to her marriage to Dunford. NASHVILLE, Dec 16—John W. Thomas, Jr., president of the Nashville Chattanooga and St. Louis Railway, who has been ill at his home here for some weeks, has taken a sudden turn for the worse and his death is expected within a few hours. Mr. Thomas has pleural pneumonia. 4 A third time within less than four months the fate of Leo M. Prank hangs In the balance. Arguments In the appeal for a new' trial were con cluded Tuesday before the Supreme Court by an eloquent and scathing ad dress by Luther Z. Rosser, chief of counsel for the convicted man. When adjournment was taken at 1 o'clock by Justices Atkinson, Evans and Hill the case was in their hands for con sideration. 0 Prank and his friends first awaited the outcome of the charges of murder against him on August 25 after Judge Roan had charged the twelve jurors In the case. A decision was longer in coming after the arguments for a new trial had been presented before Judge Roan in the week between October 22 and 29. His unfavorable ruling October 31 put the case up to the Supreme Court. Virtually Last Stand. The flght which was concluded Tuesday is regarded as virtually the last stand of the defense, as the seal of the Supreme Court's unanimous approval on the verdict of the jury and the subsequent decision of Judge Roan will make it most difficult to ob tain anything beyond a temporary respite from the Federal courts or the Governor of the State. Tuesday was occupied in the con clusion of Solicitor Dorsey’s argu ment and by arguments by Attorney Rosser and Attorney General Felder. Rosser attacked savagely the attitude of the Attorney General and the So licitor in their persistence in the ad missibility of all the evidence that went before the jury that convicted Prank and In their contention that nothing improper was done by the State In obtaining evidence. Prank’s lawyers charged that the entire bulk of the testimony bearing on Frank’s alleged immorality and perversion was introduced for the sole purpose of obtaining Prank's convic tion on the charge of murder and not because it had any actual relevancy to the crime of which Frank was ac cused. “That jury may have thought they were writing 'guilty of murder,’ youf honors,” he said, "hut w'hat they wrote In reality was ’guilty of perversion, guilty of immorality, guilty of the thousand and one suspicions that the Solicitor directed against the defend ant.’ “As soon as all that filth was al lowed to come from the lying lips of Conley and Dalton, the Jury, of course, said right away that if {ie w-as guilty of these terrible things, he must he guilty of murder, and so they rendered their verdict.’’ Attacks Felder's Argument. Attacking Attorney General Fel der’s support of the Solicitor’s argu ment that Mrs. Prank’s failure to visit her husband at the jail was an indication of her consciousness of his guilt, Rosser said: “The Attorney General ventures the assertion that this was entirely prop er and legal argument. I suspect that no Attorney General ever made such a statement before in the court of last resort. “Let us see lf it is proper. The Solicitor by his argument virtually makes the wife take the stand and testify as to her consciousness of her husband’s guilt or Innocence. Now*, we are proscribed by the law from placing her on the stand. If we could place her on the stand, she would no* be permitted to tell whether she garded her husband as gutltv or tiv nocent; that would be a mere con clusion. "Yet the Solicitor by his argrimacn* virtually places her on the stand and makes her say: ‘I have a conscious, ness that my husband Is guilty of th* murder of Mary Phagan.’ “And the Attorney General of tfc* State comes here and says that It \ Continued on Page 6, ColumnJJ, ■I / *•> I J if m- t j ■