Newspaper Page Text
WHY BABY MARLOW ASKS
FOR $100,000 DAMAGES
A 15-year-old giM, whose unfortunate experience it
of such interest to ail parents, tells why it hurt her
just as much as a grown person to be unjustly ac
cused of theft. I n
NEXT SUNDAY'S AMERICAN
GIAN
fffOP TMg 3(0UtMICAST ^
J
AFTERNOON
EDITION
VOL. Xirr. NO. 256.
ATLANTA, GA., MONDAY, MAY 31, 1915.
OnnUM, isos.
Hr T)\r 0«r>r*t«r» C
2 CENTS *i,*£•>
WILSON WORKS
GERMAN REPLY
-Hi
cSfe cSfe c5i?r cSb
COURSE TO TAKE
An hour before 10 o'clock Monday
there was a crowd in the State Capi
tol corridors and the audience cham
ber of the Prison Commission was al
most filled by a tensely quiet body of
men and women who had. come to
witness the last stand in Leo Frank's
fight for life.
Many of the persons in the audience
chamber, where the commission was
to open the hearing of Frank’s appeal
at 10 o’clock, were emissaries who
had come a long way to be present.
There was a delegation from Chicago,
bearing petitions and resolutions ask
ing clemency for Frank and signed by
more than half a million names.
There were men, among them a num
ber of delegated representatives, from
several Georgia cities.
It was evident from the ominous
quiet of the crowd that the supreme
moment n the that haj? aroused
the nation - * taw**** more keenly and
intimately titman ather. had ar
rived. There was little conversation,
little movement—only waiting for the
members of the Prison Commission
and Frank's advocates to arrive and
the hearing to begin.
Bring Judge Roan's Statement.
According to the plan qf defense
outlined, the firet move will be the
presentation of a statement signed by
the late Judge L. S. Roan, who pre
sided at Frank's trial, declaring his
opinion that an atmosphere of preju
dice against the prisoner had sur
rounded the trial. There is also a
letter by Judge Roan, written some
time before his death, in which that
opinion is reiterated.
There will be then a formal presen
tation of the recor-dof the trial, to
gether with the opinions of the appel
late courts tb which the case wa?
taken, and the dissenting opinions of
justices in each Instance.
William M. Howard, former Con
gressman, will review' the case before
tne Prison Commission, arguing for
clemency from the facts thus re
vealed. The significance of Judge
Roan's expression of doubt and of the
dissent by appellate court judges will
be argued.
Outsldeth e activiteis of Frank’s
retained counsel there probably will
br other statements to the commis
sion in his behalf. It is known that
William M. Smith, attorney for Jim
Conley, will have something to say in
explanation of his stand that his for
mer client is guilty and that Frank Is
innocent.
Expert to Discuss Notes.
A minute analysis of the “death
notes’’ found near Mary Phagan's
body, which the State contends were
written by Conley at Franks dicta
tion. will be made by Smith, and a,
statement along the same line by A1-*
bert Osborne, of New' York, a hand
writing expert, w'ill be presented. The
effort in this regard will be to prove
that a man of Frank's admitted intel
ligence was incapable of the Incoher
ence of thought revealed in the
notes.
It is likely that a number of the
visiting delegations will seek oppor
tunity to speak in Frank’s behalf. The
Chicago delegation, which reached At
lanta Sunday night, already has ex
pressed its desire to speak. Among
the members of the committee are
Joseph M. O’Connor, Chief Justice of
the Criminal Court of Cook County:
T. N. Higginbotham, director of the
Marshall Field stores; Mrs. M. De-
Laney Fisher, prominent member of
the United Daughters of the Confed
eracy, and a well-known author; W.
L. Bauer, a leading Chicago attorney
The petition they bear is signed by
Citizens of Chicago and of 27 other
cities of *he Middle West. Among
the signatures are those of the Law
vers’ Association of Illinois. 4 n Su
perior Court judges. two county
Continued on Page L, Column 4.
Wins Suit for Bottom
Of Banker's $500,000
Lake; Would Drain It
ASHEVILLE. N. C.. May 21.—Having
won a lawsuit by which he is adjudged
owner of one-eighth interest in 302 acres
of land which lies at the bottom of Lake
Toxaway, George Fisher, now demands
that the court order Toxaw r ay I^ake,
eight miles long and five miles broad,
to be drained, so that he can secure his
land.
E. M. Jennings. Pittsburg banker,
who built, the lake at a cost of $500,000.
is aghast at the idea, and wants the
court to award Fisher his portipn out of
the land remaining above water. Fish
er- replies that commissioners can not
apportion land they can not see and. as
they have no submarine, can not see it
until the lake is emptied.
Three lawyers named as commission
ers will decide w'hether Fisher gets wet
or dry land. Fisher, who was one of
eight, has established that the deed
which the Toxaway Company supposed
transferred his interest to it, w-as a for
gery. He refuses to sell to the com
pany.
Allies at Gallipoli
Under Heavy Fire
By LUDWIG VON KLEIN.
(Special Correspondent International
News Service.)
CONSTANTINOPLE. May 31.—
Turkish guns in the forts on the Asi
atic side of the Dardanelles at the
Narrows are bombarding the Anglo-
French positions north of Sed-el-
Bahr, on the Gallipoli Peninsula. The
Turks have been reinforced upon Ihe
peninsula. The following official
statement was issued to-day:
“On the Dardanelles front near Avi
Burno, the enemy made unsuccessful
efforts to prevent us from reinforcing
our troops in the trenches we had
captured on his center. On the Sed-
el-B-ahr front the enemy has been
busily engaged in filling up the gaps
made by us on May 23. Our Anatolian
batteries on the Narrows violently
bombarded the hostile troopp at Sed-
el-Bahr.”
Secret Orders Back
From Daniel Burial
Three hundred Atlanta secret order
members—Odd Fellows and Red Men—
returned Sunday night from Judge Rob
ert T. Daniel’s funeral at Griffin. They
said the ceremony was unusually im
pressive and the crowd one of the larg
est ever assembled at a Georgian’s bier.
The' funeral services were preached
by the Rev. J. H. Fakes, of Rome, who
paid a glowing tribute to the character
and life of Judge Daniel. He was as
sisted by the Rev. G. F. Venable, pas
tor of the First Methodist Church of
Griffin; Dr. Fletcher Walton, presiding
elder of the Griffin District, and the
*Rev. J. E. Sammons, pastor of the First
Baptist Church of Griffin. Thomas H.
Jeffries, of Atlanta, a college mate of
Judge Daniel at Emory College, re
ferred to his friend as the ideal grand -
sire of Odd Fellows of the world.
Allied Flyers Kill
44 German Soldiers
(By I nternational News Service.)
AMSTERDAM ’ May 31,—Forty-
four German soldiers were killed and
10 w'ounded in a raid on the. German
aerodrome at Gontrode« between
Ghent and Brussels, on Sunday, ac
cording to a dispatch received by The
Telegraaf to-day.
The raid was carried out by two of
the Allies’ aviators.
Beavers Lauded and
Council Is Scored
Dr. J. L. White, of the Baptist Tab
ernacle. came out Sunday evening with
a denunciatory sermon concerning what
he termed the “sickening cat and dog
fight at the City Hall," which he
grouped with the sale of near-beer and
the locker clubs as the cause of crime
conditions in Atlanta.
Dr. White gave the police depart
ment a comparatively clean bill of
health, and praised Chief Beavers In
the most unstinted terms.
L
CLAIMED
BY CZAR
By FRANCIS LAVELLE MURRAY.
(Special Correspondent I nternational
News Service.)
PETROGRAD, May 31.—Official
dispatches from the front to-day in
creased the magnitude of the victory
won by the Russians against the Aus-
tro-German forces in the region of
Sieniawa, on the San River, north of
Jaroslau (Galicia). Fourteen guns and
7,000 prisoners were taken from the
Teutonic allies, according to the fol
lowing official statement:
“How much reliance may be placed
upon the official statements of th.?
Germans and Austrians concerning
the battle of Sienawa on Thursday
and Friday is shown by official dis
patches received from the Russian
front. According to Austro-German
communiques, weak Austro-German
forces w'ere compelled to retire before
the numerically superior Russian
forces, abandoning six guns In the
crossing of the San. The number of
guns captured by us was fourteen, not
six. We took 6,000 prisoners at Siena
wa and 1,000 more at Lezachow, some
of whom were Germans.
Killed Exceed Captured.
"In their obstinate defense of the
fortified defenses at Pigny, Tsierce
and Byki (a line nearly seven miles
long), as w'ell as at Sienawa, the en
emy’s loss In killed greatly exceeded
the total number of prisoners taken.
This certainly proved that the hostile
detachments thrown back across the
San at Sienawa were far from weak.
As to the alleged ‘overwhelming
forces of Russians’ engaged in this
battle, they consisted of the Third
Caucasian Corps, commanded by Gen
eral Irmanoff, which had been
through Incessant fighting with the
Austro-German troops for three
weeks previously. The Third Cau
casian Corps had been referred to
more than once in the Austro-German
official statements as having been par
tially destroyed.
“In the capture of Lezachow. .»n
May 28, we took ten field kitchens and
other material, as w'ell as the 1,000
prisoners already mentioned.
“The Germans began a counter at
tack, but were surrounded by superior
forces and nearly annihilated. We
took 600 prisoners.
Region Cleared of Teutons.
“In Galicia the Russians have
cleared the enemy from the right bank
of the San to the mouth of the Lu-
baczowka (about five miles south of
Sienawa and seven miles- north of
Jaroslau). We have already deliv
ered successful counter attacks
against the main force of the Ger
mans retiring from their positions in
the Lubaozow'ka district and from
Kalnikouvke and Tukhla on the Vis
tula. In these operations within 24
hours the Russians captured 3.000 pri
vates and 60 officers. a« well as ma
chine guns, transports and search
lights.
“In the trans-Dniester district ob
stinate fighting continues. In the Do.
lina. region we have driven the enemy
from right bank of the Switzer River
(the Swica).’’
GRADUATE 3 GEORGIA GIRLS.
LYNCHBURG. VA., May 31 —Three
girls from Georgia will be graduated to
morrow from Randolph-Macon, the
women's college with the degree of
bachelor of ar*s They are Miss Erd-
man. of Ecwie. Miss Louise Parks, of
Augusta, and Mias Louise Templeton,
oi Waynesboro.
More Room Needed
At Incurables Home
In spite of a number of improvements
recently made, there is still great need
of more room at the Home for the In
curables. according to the annual report
of the recording secretary. Mrs. White*
foord Russell, Just submitted. One hun
dred applied for beds, but only part of
them could be accommodated. Eleven
persons died during the year. A city-
donation of $2,600 and one from the
county of $1,01*0 made it possible to show
a balance to date of $630
Invitations have been issued to the
dedication of a table* to Mrs S Y. Tup-
per. for years s faithful worker for the
home. The exercises will be held Tues
day afternoon at 5.30 o’clock on th<*
lawn of the home, with Mrs. Floyd W
McRae in charge.
Germany’s Answer to U. S. Protest
Blames Britain, Asks Arbitration
WHAT PRESIDENT WILSON DEMANDED.
Disavowal of the acts of which the United States complains.
Reparation so far as reparation is possible for injuries which are without measure.
Immediate steps to prevent the reeurrenee of aets subversive of the principles of warfare.
WHAT GERMANY GRANTS.
Expression of regret for injuries sustained try Americans from German submarine and aerial
attacks.
Regarding Gulflight and Cushing attacks promises compensation for ‘ unintentional at
tacks” on non-contraband carrying neutral vessels.
Will refer to The Hague for settlement cases in which Germany’s responsibility is in doubt.
WHAT GERMANY ASKS.
That consideration of President Wilson’s demands be deferred until the facts are established
in Lusitania case.
Whether the Lusitania complied with the United States laws regarding carrying of ex-
| plosives on passenger ships.
Whether the Lusitania had kind of bulkheads required under international regulations fol-
; lowing Titanic disaster.
Whether the Lusitania was not an English auxiliary cruiser, with mounted concealed guns,
ammunition and Canadian soldiers on board.
What the United States has done toward getting Great Britain to permit the importation of
food into Germany.
GERMANY CHARGES.
That England used American passengers as shields to protect contraband on British vessels.
Text of Germany's Reply
RENEWED
The text of the German note fol
lows:
The undersigned has the honor
to submit to Ambassador Gerard
the following answer to the com
munication of May 15. regarding
the injury to American Interests
through German submarine war
fare.
The Imperial Government has
subjected the communication of
the American Government to
a thorough Investigation. Tt
entertains also a keen wish
to co-operate in a frank and
friendly way in clearing up a pos
sible misunderstanding which
may have arisen in the relations
between the two governments
through the events mentioned by
the American Government.
Regarding, firstly, the cases of
the American steamers Cushing
and Gulflight. The American
Embassy has already been In
formed that the German Govern
ment has no intention of submit
ting neutral ships in the war
zone, which are guilty of no hos
tile acts, to attacks by a subma
rine or submarines or aviators.
On the contrary, the German
forces have repeatedly been tn-
. structed most specifically to avoid
attacks on such ships.
If neutral ships in recent
months have suffered through the
German submarine warfare, owing
to mistakes in identification, it is
a question only of quite Isolated
and exceptional cases, which can
be attributed to the Rritish Gov-
erment's abuse of flags, together
with the suspicious or culpable
behavior of the masters of the
ships.
The German Government, in all
cases in which il has been shown
by its investigations that a neu
tral ship, not itself at fault, was
damaged by German submarines
or aviators, has expressed regret
over the unfortunate accident
and. if Justified by conditions, has
offered indemnification.
The cases,of th* Cushing and
the Gulflight will be “treated on the
same principles. An Investiga
tion of both cases is in progress,
the result of w'hich will presently
be communicated to the embassy.
The investigation can. If necessa
ry, be supplemented by an inter
national call on the international
commiszipn of inquiry, as provid
ed by article 3 of The Hague
agreement of October 18, 1907.
yVhen sinking the British
steamer Falaba the commander of
the German submarine had the
intention of allowing the passen
gers and crew a full opportunity
for a safe escape. Only when the
master did not obey the order to
heave-to. but fled and summoned
help by rocket signals, did the
German commander order the
*’r«w and passengers b> signals
ard megaphone to !eav* the «h'P
within »en uiinues He actually
allowed them 2 3 minutes* time
and fired * i® torpedo only when
&u*p:uout craTt were hastening to
the assistance of the Falaba.
Regarding the loss of life by the
sinking of the Britsh passenger
steamer Lusitania, the German
Government has already express
ed to the neutral governments
concerned Its keen regret that cit
izens of their slates lost their
lives.
On this occasion the Imperial
Government, however, can not es
cape the impression that certain
important facts having a direct
bearing on the sinking of the Lu-
tania may have escaped the at
tention of the American Govern
ment.
In the interest of % a clear and
complete understanding, which is
the aim of both governments,
the Imperial Government consid
ers it first necessary to convince
itself that the information acces
sible to both governments about
the facts of the case is com
plete and in accord.
The Government of the United
States proceeds on the assumption
that the Lusitania could be re
garded as a ordinary unarmed
mercahntman. The Imperial Gov
ernment allow's itself in this con
nection to point out that the Lu
sitania was one of the largest and
fastest British merchant ships,
built with government funds as
an auxiliary cTuiser, and carried
expressly as such in the “navy
list" issued by the British Ad
miralty.
It is further known to the Im
perial Government, from trust
worthy report s from its a gents
and neutral passengers, that for a
considerable time practically all
the more valuable British mer
chantmen have been equipped with
cannon and ammunition and oth
er weapons and manned with per
sons who have been especially
trained in serving guns. The Lusi
tania. too. according to informa
tion received here, had cannon
aboard, vhich were mounted and
concealed below decks.
The Imperial Government, fur
ther. has the honor to direct the
particular attention »»f the Amer
ican Government to the fact that
the British Admiralty. In a confi
dential instruction issued Febru
ary. 1915, recommended its mer
cantile shipping not only to seek
protection under neutral flags, and
distinguishing marks, but also,
while thus disguised to attack
German submarines by ramming.
As a special incitation to mer
chantmen to destroy submarines
the British Government also offer
ed high prizes and has already
paid such rewards.
The Imperial Government, in
view of these facts. Indubitably
known to it. Is unable to regard
British merchantmen in the zone
of na' al opferatfons specified by
th* admiral!' staff of the Ger
man navy a? undefended" Ger
man commanders consequently
ar* no longer able to observe the K
customary regulations of tha pr.a
law. which they before always fol
lowed.
Finally, the Imperial Govern
ment must point out particularly
that the Lusitania on its last trip,
as on earlier occasions, carried
Canadian troops and war mate
rial, including no less than 5,400
cases of ammunition intended for
the destruction of the brave Ger
man soldiers who are fulfilling
t.heir duty with self-sacrifice and
devotion In the fatherland's ser
vice.
The German Government be
lieves it was acting in Justified
self-defense in seeking with all
the means of warfare at its dispo
sition to protect the lives of its
soldiers by destroying ammuni
tion intended for the enemy.
The British shipping company
must have been aware of the dan
ger to w'hich the passengers
aboard the Lusitania w'ere ex
posed under these conditions. The
company in embarking them, not
withstanding this, attempted de
liberately to use the lives of Amer
ican citizens as protection for the
ammunition aboard and acted
against the clear provisions of the
American law which expressly
prohibits the forwarding of pas
sengers on ships carrying ammu
nition and provides a penalty
therefor. The company, there
fore. is wantonly guilty of the
death of so many passengers.
There can be no doubt, accord
ing to the definite report of the
submarine’s commander which is
further confirmed by all other In
formation. that the quick sinking
of the Lusitania is primarily at
tributable to the explosion of the
ammunition shipment caused by a
torpedo. The Lusitania passeng
ers would, otherwise, in ail hu
man probability. have been saved.
The Trpperial Government con
siders the above-mentioned facts
important enough to recommend
them to the attentive examination
of the American Government
Th* Imperial Government,
while withholding its final deci
sion on the demands advanced In
connection with the sinking of the
Lusitania, until receipt of an an
swer from the American Govern
ment. feels impelled, In conclusion,
to recall here and now that it took
cognizance with satisfaction of
the mediatory proposals submit
ted by the United States Govern
ment to Berlin and lx>ndon as a
basis for a modus vldendl for con
ducting the maritime warfare he
twen Germany and Great Britain.
The Imperial Government, by its
readiness to enter upon a discus
sion of these proposals, then de
monstrated its good intentions *n
ample fashion. The i*a!lzation
of these proposals was defeated,
as is w*ll known bv the decli
natory attitude of the Rritish
Government
The undersigned takes occasion,
etc.
JALrOU'.
By THEODORE TILLER. ’ 'W3
(Special Correspondent International News Service.)
WASHINGTON, May 31.—The German note in reply to Pres
ident Wilson’s demands resulting from the Lusitania tragedy,
disappointing and evasive in character, and regarded here as more
conducive to parley than to quick adjustment of the present grave
difficulties between this nation and Germany, was before the chief
executive and officials of the State Department to-day. It was
planned to consider the document at the Cabinet meeting to-mor
row, which is looked upon as the most important in years.
The note reached the State Department at midnight, and the
work of uncoding began early to-day for'immediate presentation to
i the President. Mr. Wilson already had received the unofficial
translation of the note, as made in Berlin, and the official text was a
matter of form. The German note is even more disappointing than
! th'e forecasts of its context, according to the pessimistic opinion
which prevailed in official circles when the actual text of the Ger
man reply became available.
What is the President going
to do about it ? is the question
that Washington and the nation
now is asking. Although the
note is couched in conciliatory
terms, officials privately re
garded the German document as
one lacking in tne frankness
which this nation expected.
The Lusitania tragedy, costing
more than 10fl American lives, is re
ferred to with “keen regret’’ by the
German Government, but it then
switches to charge- that the Lusi
tania was an armed auxiliary cruiser
and carried war munitions for the
destruction of brave German soldiers.
In no sentence is there found a trace
of the “disavowal” of intent to sink
the giant liner, which was speciffieally
asked by the Wilson note
Wilson to Act Deliberately.
There is i.o authoritative informa
tion at hand at this time as to the
course, the President will take; In
fact, it Is understood the Chief Ex
ecutive, beset w ith International prob
lems on every hand, will not reach a
decision for several days, although
this Government does not propose to
give Germany an excuse for protract
ed negotiations and diplomatic corre
spondence. The President will an
alyze the German note sentence by
sentence that he may acquaint him
self both with its few' direct state
ments and its implications.
That the Chief Executive himself
will shape the reply to the note, just
as he did the first communication to
Germany, is accepted.
It is taken for granted that the
President will express his regret that
Germany has not replied more di
rectly to the former communication
and has not seemed to take, at it*
face value the “strict accountability**
warning of this Government at the
outbreak of Germany's submarine
warfare and following her ‘war
zone" decree which promised to en
danger American lives.
In conveying this regret to Ger
many, the President Is expected to in
dicate broadly, if he does not say it
directly, that the Unhee States and
its peopl* w'ill rot be sjmpathetic to
ward delayed consideration of the
American demands for a disavowal
and a promise of reparation concern
ing the Lusitania’s undoing.
Second Note More Vital.
The second note of the President
will be even more vital than the first,
because it will mean Increased ten
sion b*tween the nations.
With decisive action promised in
Mexico, with a controversy still on
with Great Britain regarding ts con
tention of contraband in American
ships for foreign ports, and Germany
making no promise of ceasing its sub
marine warfare, but hinting instead
that the United States ^ersuade Great
Britain discontinue its efforts to
"starve out" eGrmany, the President
and his Cabinet now are face to face
with issues as grave as any which
have arisen since the Civil War.
Reply Evades Real Issue;
Is Insincere, Says Press
(By International News Service.)
NEW YORK. May 3l.r-German.vs
reply to President Wilson’s note of
protest against submarine warfare
evades the real issue, particularly In
the case of the Lusitania, according to
(he view expressed bv New York
newspapers this morning. That the
German reply has not developed any
progress toward a satisfactory agree
ment is the general opinion. Ex
tracts from editorials follow;
• • •
WORLD—The German note in re
sponse to the American protest
against submarine attacks upon mer
chantmen does not meet th* issue. It
is worse than evasive It is insin
cere. even pettifogging Berlin does
not answ'er the President’s questions.
It ignores his appeal for redress
• • •
HERALD In terms the meaning
of which is not beclouded by the ac
companying mass of quibble. Ger
many takes sharp issue with the
United States and reaffirms and re
news its rredentials to submarine
commanders to continue their ruthless
slaughter of noncombatants traveling
upon the high seas. The demands
made by Fraaidazu Wliaou &£& Ui*
German Government “disavow the
acts observed r ' with amazement and
alarm,” that they “as far as •possible
make reparation for injuries which
are without measure,” and that “it
take immediate steps to prevent the
recurrence of anything so obviously
subversive of the principles of war
fare.” are met with a defiance none
the less positive because veiled In
the language of diplomacy and but
tressed by specious argument.
TRIBUNE;—Germany's answer to
. our government’s protest aginst the
slaughter of its citizens, peacefully
and lawfully going about their busi
ness on the high seas, w'ill not satisfy
American opinion. It is likely to in
flame feeling here Instead of moder
ating it. The murder of our citizen*
must stop, and it is the firm convic
tion of the great mass of Americans
that negotiations for a settlement of
our differences with Germany are
rot worth continuing except upon an
immediate and definite assurance
that it will stop—that tt ijas a , ’*eady
stopped.
• W «
PRESS—Berlin’s ar.j^er tc Presi
dent Wttao&l* -note is iriendlir, gra<-