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V 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 Sent C.O.D. by EXPRESS or IKSUREO PARCEL POST ¥» advert!** our Impacts and inlrodueeoureataloeneef ELGIN and W1L- THAB SOLID 04)LI) FILLED WATCIIE&,w*villa**d yeuttdtCO year "AH H C.O.D. $«L7o with our 60 days trial offer. The cnee ia double hunt- )ng Kjn beautifully engraved,fold flnlubed throughout, stem vied and stem with a standard thin model America* made movement, quick train Jeeer eeaapememt, atael pinion*,; «v« led balance, enamel diai; a correct time keeper and fully guaranteed for CO year*; with long geld plated chain for Ladle*, test chain or fcfc for Gents or Boy*. Mention if yen vifb Ladle*, Gent* or Bey* site and If 0 0. D. by mail or oiprec*. Addreet CaJUl IBB »- Hu rbltAgo, III.