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THE GEORGIAN'S NEWS BRIEFS.
JUDGE ROAN CRITICIZED IN FRANK’S APPEAL
BRIEF PREPARED
_s- I
T
A STRIKING PHOTOGRAPH of Commodore Alfred E.
Brown swimming the Gatlin Lake. lie covered the twen
ty-four miles in twelve hours and a half, lie wanted to swim the
length of the canal, but Colonel Goethals declined to have the
lock gates opened.
II JOB IS OFFERED
SOCIETY GIRL
Solicitor General Is To Be Pre
sented With Copy to Arrange
His Answer,
Severe criticism is made of Judge
L. S. Roan for certain phases of his
conduct of the trial of Leo M, Frank
and for his refusal to grant a new
trial, even though he himself had
doubt as to defendant’s guilt, in the
brief argument prepared by Frank’s
lawyers to be presented to the Su
preme Court of Georgia next Monday.
The document was received from
the printers Thursday. The brief of
evidence, another bulky document,
will be completed Thursday afternoon.
1 he attorneys for the defense will
exchange briefs with Solicitor Hugh
M. Dorsey later in the day and all of
the lawyers* concerned in the famous
case will be ready to re-engage in a
bitter legal battle which had its be-
gi? ning on July 2G, when Frank’s trial
v as started.
Judge Roan Criticised.
Judge Roan is characterized in the
printed arguments of the attorneys as
“vacillating” in his conduct of the
trial at many times, and his action in
refusing a new trial is described as
irdefensible, in view of his openly
expressed doubt of Frank's guilt.
The argument on this particular
phase of the appeal to the Supreme
Court concludes with numerous legal
< Stations designed to show that Judge
Roan was shirking a plain duty when
he refused to take the burden of a
decision in the matter. Several of
the citations quote the Supreme Court
a-? saying that when the trial judge is
nseailed with doubts as to the justice
of the verdict there is no course open
to him but to grant a new 7 trial.
Comment on Statement.
In commenting on Judge Roan’s
statement, when he denied a new
trial, the defense says in part:
“This court, keeping in mind the
danger and the temptation, has re
peatedly reversed the court below
when it appeared from the court
record that the trial court, from tim
idity or from misapprehension as to
the law 7 , failed to exercise his own
discretion and substituted the ver
dict of the jury for that discretion
which it is his solemn duty to ex
ercise.
“It is of course true that in de
termining whether the court had ex
ercised or failed to exercise his legal
discretion, this court will look solely
to the record, giving full force to the
presumption that the court has ex
ercised his discretion and that the
verdict does, in fact, meet his ap
probation. In the present case the
court rendered an oral judgment, as
will be seen from the bill of excep
tions. The whole of the judgment
was not incorporated in the order
overruling the motion for new trial,
but the whQle of that judgment was
set out in the bill of exceptions.
“In determining just what was the
judgment of the court in overruling
the motion, this court will look to the
whole record. If the record itself
und the bill of exceptions are incon
sistent, of the two the record will
prevail. When, however, there is no
such inconsistency and it is legally
possible to reconcile the record and
the recitals in the brief of exceptions,
this court will do so and give full
force not only to the record but to
the recitals of the bill of exceptions
as w ell.
Had No Conviction.
“In doing so there can be no doubt
that Judge Roan did not sanctify
this verdict by exercising that dis
ci etion which the law demands.
“The words of his judgment be
tray on his part of mind wholly in
consistent with that settled convic
tion which the trial judge ought to
possess in denying a motion for new
tidal.
"He was not thoroughly convinced
that Frank was guilty; he was not
thoroughly convinced that he was in
nocent; he did not have to be con
vinced; conviction was not a part of
his duty; that was the province of
the jury; they were convinced and
their conviction was to determine
the matter, although he was stii! un
convinced.”
The documents which are to be
submitted to the Supreme Court are
said by lawyers to be the most vol
uminous ever filed in Georgia in an
appealed case.
600 Pages in Brief.
The brief of evidence alone consists
of about 600 large pages with type of
ordinary size.
The arguments and narration of
the facts of the case consume an
other 389 pages, and the original mo
tion for a new trial, the amended mo
tion and the judge’s charge make up
another book of 159 pages. The total
is approximately 1.100 printed pages
The cajse of Frank vs. the State is
listed eighteenth on the calendar of
the Supreme Court and will be reach
ed Monday, in all probability, the
others being mostly cases from othel
parts of the State, which will not be
ergued except through the briefs sub
mitted.
36tt>.—FEATHER BEDS—$6.30.
New, clean, odorless, sanitary and
dustless feathers. 6-pound Pillows $1.00
SOUTHERN FEATHER AND PILLOW
CO., Dept. 1228, Greensboro, N. C.
Sues Wife, Who Made
Odd Bed Regulations
Charging that his wife made life mis,-
erable for him by many strange acts
Woman of 116 Made
Shroud 55 Years Ago
NEW YORK, Dec. 11.—Although
cheerfulness is the recipe by which
Miss Jessie McCann, Long Miss
ing From Her Home in
Brooklyn, N. Y.
NEW YORK, Dec. 11.—A reward of
$1,000 to-day was offered for the safe
return of Miss Jessie McCann, the
missing Brooklyn society girl, or for
the arrest and conviction of persons
responsible for her absence. Upon
the theory that the girl had met with
foul play police boats were kept
cruising along the sea wall in Coney
Island and through Sheepshead Bay.
Thomas G. Gleason, whose daugh
ter is a friend of Miss McCann, made
public the offer of reward and the
wording of the offer indicated that
the theory that the missing girl fell
victim of white slavers perhaps work
ing with the poisoned needle has not
been abandoned.
Harrison McCann, brother of the
missing girl, to-day admitted that his
sister received a letter on the morn
ing of her disappearance and that she
wept over it, but he declared it was
from a girl friend.
Her disappearance has recalled the
mystery of Dorothy Arnold, who van
ished in a similar manner a few years
ago and never was found.
WOMEN STORM COURT.
NEW YORK, Tec. 11.—Women
stormed the court of Judge Foster
to-day in an attempt to attend the
trial of Hans Schmidt, the renegade
; priest accused of murdering Anna
i Aumuller, and precipitated a near-
; riot.
When the trial began Judge Foster
| barred the morbid and curious from
' his room, but more than 100 women
j appeared to-day and stormed the
| door in a body. They were ordered
away by the bailiff on guard at the
i door and then they “rushed” him.
Several got by the guard, but oth
er court attendants rushed to his aid
and they were driven out. When
they were ejected several of the
women became hysterical and had to
be led from the building.
Schmidt’s aged father was spurned
by the defendant to-day. The older
man, who came from Germany with
his daughter to aid his son, w r ept
when he was told that Schmidt w T ould
not see him.
GRIP THREATENS WILSON.
WASHINGTON, Dec. 11.—Threat
ened again w 7 ith an attack of grip.
President Wilson canceled his en
gagements to-day and suspended all
executive business. He is suffering
from a bad cold in the head and from
a mild attack of ’aryngitis
Dr. Grayson is determined not to
take any chances with his patient,
and probably will : ,sist upon his
throwing aside all work and out-of-
door exercise until the grip is en
tirely eliminated from his system.
The President will remain within
his room to-day and probably until
Monday.
A delegation of temperance work
ers was much disappointed at not
being able to see the President.
of cruelty, one of them being the re
quirement that he lie at a certain angle
in bed w'hile sleeping, Eudwell J. Saerey
has brought suit for divorce from Mrs.
Anna Saerey.
He further charges that she would not
let him read as much as he wanted to;
that she kept the house In a disordered
condition; that she kept pictures of
strange men in the house. To prevent
him from taking the child for a walk
on Sundays, he charges that she would
smear the child with dirt so that it
would not be presentable.
HOG CAUSE OF KILLING.
DARIEN, Dec. il.—W$en J. P.
Mew 7 , a farmer, went over to Gen
eral Island, opposite Darien, to look
after some hogs, he saw 7 a negro with
one. As Mew hailed him the negro
opened fire, shooting Mew in the face.
Mews brother-in-law, who was
w r ith him, fired on the negro, killing
him.
WEDS, THEN DIES.
Mrs. Hannah Kosokoff says she has at
tained the age of 116 years, she has a
burial shroud beneath her bed.
She made it herself 55 years ago when
she thought her time to die had come.
HOSE IS NO PLACE FOR MONEY.
CHICAGO, Dec. 11.—The foliow 7 ing ad
vice to women Christmas shoppers was
given to-day by Chief of Police Glea
son:
“Take your husband shopping with
you. Let him carry the money.
“An inside skirt pocket is an excel
lent place to carry money while in a
crowd,” the chief said, “but don’t put
it in your stocking.”
TOO HOT FOR POULTRY.
WASHINGTON, Dec. 11.—Declaring
the loss of poultry during the Thanks
giving period because of the warm
weather was “almost a calamity of na
tional import,” agricultural specialists
have issued warnings to poultry deal
ers, and those engaged in dressing, on
how to chill and preserve poultry so
as to prevent loss during ihe Christ
mas season.
CONVICTED BY LITTLE SON.
ELLIJAY, Dec. lit—With the lit
tle son of the prisoner the sole wit
ness for the prosecution, Willbum
Kennemer w r as to-day convicted in
Gilmer Superior Court of killing Ar
thur Lawing.
A verdict of voluntary manslaugh
ter w r as returned and the sentence
was fixed at fifteen years’ imprison
ment.
MONEY TO LEAVE U. S.
MILWAUKEE, WIS., Dec. 11.-More
than $985,000 in United States money will
leave America within a few days for
the land of the Kaiser.
According to the Pabst will, the estate
was left in trust for Mrs. Emma Sohen-
lein, Captain Fred Pabst’s daughter, to
revert to her when her daughter Edith
should attain the age of 10 years. Tne
child reached her tenth birthday Octo
ber 13.
HARRISBURG, PA., Dec. 11.—
Charles M. Stewart died in the Har
risburg Hospital, where a few hours
before he was wedded to Miss Josie
Arnold, who had rushed to his bed
side from Texas to become his wife.
SENT TO HISP1TAL.
POTTSTOWN, PA., Dec. 11.—Joseph
Miskpwita, 18, was sentenced by Judge
Solly to go to a hospital instead of jail
for a series of petty thefts. The boy
will undergo a brain operation which
may cure him - of the stealing habit.
FALLS DEAD IN STREET.
DALTON, Dec. 11.—Mrs. Callie
Martin, an aged woman living in the
western part of the city, dropped dead
in the streets here last night while
en route to visit a friend.
SHE’S SUING HELL.
CHICAGO. Dec. 11.—Emma Lord is
suing Peter Hell, a saloonkeeper, on a
promissory 7 note, oecause Hell refused
to advertise over the door of his place a
whisky in which Mrs Lord was inter
ested.
MAY RECOVER SIGHT.
PHILADELPHIA, Dec. 11.—George
Washington Cable, author, is at a hos
pital here recovering from an operation
for cataract, by which it is expected
the sight of one eye was saved.
SHAKE-UP OVER INK SPOT.
ST. PAUL, Dec. 11.—One little ink
spot is reported to have caused a shake-
up in J. J. Hill’s First National Bank
that to-day resulted in the resignation
of W. A. Miller, vice president, and F,
A. Nienhauser, cashier.
As the story goes, L. W. Hill recent
ly received a statement of his account
with a drop of ink upon the figures.
Then the shake-up.
LILLIAN DEMANDS APOLOGY.
LITTLE ROCK, Dec. 11.—Lillian
Russell forced the management of the
Hotel Marion to apologize publicly
for having advertised that she would
dance with a guest at a cabaret show
in the hotel.
SIBLEY IS MARRIED.
FRANKLIN, PA., Dec. 11.—Announce
ment has just been made of the mir-
; riage on Saturday evening of former
Congressman Joseph C. Sibley and Miss
Ida L Rew.
Only the two families were present.
Mr. Sibley is 63, and his bride 38. She
was a favorite niece of the first Mrs.
Sibley.
HAS CURE FOR LOVE.
LONDON, Dec. 11.—Dr. Maurice
Defleury, the famous specialist, has
announced the discovery of a cure
for love by segregation and a new
serum.
Dr. Defleury says love is worse than
mest of the vices.
FAIR PAYS 40 PER CENT PROFIT.
GADSDEN, ALA., Dec. 11.—W. R.
Bradford has been elected president of
the Marshall County Fait Association,
succeeding Thomas E. Orr A 40 per
cent dividend was declared this year.
MILK MAN’S EXCUSE.
CHICAGO, Dec. 11.—Judge New-
umber refused to believe the plea
that damp weather makes milk
watery, and fined Roman Michalski,
a milkman, $10 on a charge of putting
water in milk.
American Thin Model Watch $3L 5
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