Newspaper Page Text
WHY BABY MARLOW ASKS
FOR $100,000 DAMAGES
A 15-year-old girl, whose unfortunate experience »•
of suoh interest to all parents, tells why it hurt ne»*
just as much as a grown person to be unjustly ac
cused of theft. In
NEXT SUNDAY’S AMERICAN
AFTERNOON
EDITION
J
VOL. XIII. NO. 256.
ATLANTA. GA„ MONDAY, MAY 31, 1015.
Copyright. ISPS.
R? Tho nmriiin I
2 CENTS f tlA u
SAVANNAH SHIP SUNK
BY
MARINE
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Mrs. Frank Makes Plea in Clemency Heaving
The final battle for the life of Leo M. Frank began at 10
o'clock Monday morning before the Prison Commission of Geor
gia, with a great crowd of men and women thronging the corridors
of the State Capitol, tense and quiet, awaiting with a peculiar 1
intenseness the hearing in the commission chambers.
The hearing opened with a statement by Chairman Davison,
who said that an opportunity would be. given for both sides to be
heard, and that if it were necessary, the commission would sit for i
a week.
“The sessions will be held from 10 to 12:30 o’clock,” he||
said, “and in the afternoon from 2 o'clock until 5.”
Then W. M. Howard and Harry Alexander were introduced
as Frank's representatives in the hearing. Leonard Haas, of
Frank’s counsel, also was present, with Frank’s wife, mother
and father. Mrs. Frank sat with her head bowed and was weep
ing audibly as the hearing began, and her own statement, sub
mitted for the consideration of the commission, was read.
Mr. Howard opened the case
by reading Frank's personal pe
tition for clemency, sumbitted
to the commission some weeks
ago.
It was announced definitely
Monday that Solicitor Hugh
M. Dorsey would not appear be
fore the commission at all.
While he declined to be quoted,
Mr. Dorsey is expected to make
his fight before the Governor,
when the commission has finish
ed its consideration of the case,
in the event that clemency is
recommended by that body.
Howard Submits Documents.
With this understood. Mr. Howard
began by submitting in evidence the
following documents:
Brief of evidence at rial, approved
b\ Judge Roan.
Motion for a new trial which was
overruled by Judge Roan.
Bill of exceptions to overruling of
motion.
Dissenting opinion of Supreme
Court Justices.
Affidavit by Judge Roan of his be
lief trial was unfair.
.Statement by Mis. Frank.
Concerning this last Mr. Howard
said:
“A wife may not testify in behalf
of her husband in Georgia. Unfor
tunately, in this < ase a number of re
ports concerning Mrs. Franks beha
vior that were absolutely false, cruel
end exasperating, and that added to
the general prejudice which weighed
£o heavily in the verdict. And the
witness most vitally concerned could
not speak.
Mrs. Frank's Statement.
"Now, however, that we have, come
into this court, which is not bound by
that restriction, we take advantage of
the opportunity of-presenting her tes
timony."
He then read Mrs. Frank s state
ment, as follows:
Mr. Frank first came to At
lanta on August 6 190S. About
August $ he took up his residence
at No. 93 Cast Georgia avenue,
at the home of my aunt, Mrs. J.
Selig. a . ,
At this time I lived with my
parents, at No. 68 Fast Georgia
avenue.
I met Mr. Frank for the first
time about a w’eek after he ar
rived in Atlanta. In May. 1909,
we became engaged to be married,
and were married on November
30. 1910
I am a Georgia girl, having been
born and reared in Atlanta- and
have lived in Atlanta all of my
life My mother likewise hav
ing beeii bora in lAa-um, Ga*, and
has lived all of her life in Geor
gia. All of the relations of my
generation, boys and girls, were
born in Georgia, and from my as
sociation with them I was accus
tomed to the deference and cour
teous treatment which is charac
teristic of the Southerner in gen
eral. and Georgian in particular.
Realized Ideals in Husband.
With the ideals which I had.
and which had been inculcated in
me from girlhood. I expected in
my husband nothing less than
that to which I had been accus
tomed. and to which every wo
man looks forward, and which I
fully realized in my husband.
When not occupied with his
business, the only time he spent
away from me was when he was
occupied with his charitable work
which took him away from home
about once or twice a month.
Our married life has been ex
ceedingly happy, and has never
been marred by the slightest
cloud. He was regarded and
loved by my parents as a son;
^.nd was always courteous, gentle
and most respectful in his rela
tions with them .and our famil
ies have alw'ays been on intimate
terms.
When my husband was first ar
rested on this charge, and was
detained at police headquarters
on Tuesday. April 29, 1913, I hur
ried to the police barracks, on De
catur stret, as soon as 1 heard of
it, accompanied by my father and
brother-in-law. I w r as not al
lowed to go up to see my husband,
and remained in the office of the
probation officer. from whence
m.v friends prevailed on me to re
turn home. Being assured that
my husband would be released at
any moment. I remained at home,
but as soon as It became apparent
that he would be. detained indefi
nitely I went, to him immediately,
and have been going to him every
day since, and spend most of the
day with him in jail.
Husband Returned Early.
On the 26th of April, 1913. my
mother and 1 had tickets for the
matine? to grand opera, and in
order t oget there on time we sat
down to the table at 1:10, before
my husband came home to din
ner. and at abcut 1:15 father
came in. and in about five min
utes m\ husband came in and
sat down at dinner with us.
About 1 • 30 mother and I left the
house and my husband and my
father were left at the table eat
ing
Returning home from the opera,
at 6:30, I found my husband al
ready there. There was nothing
unusual in his manner or appear
ance to attract my attention. That
evening, after supper, a number
of friends of my mother and fa
ther came over to the house to
play cards My husband and I
did not play, but he sa? in the hall
reading
I watched the game for a while
In the dining room and then
would go into the hall and talk to
my husband, and would then go
back again to watch the game.
My husband rear* in'the hall un
til some time after 10 o’clock,
Oanimuad on Pa Be 2. Column 6.
King Emmanuel and
King George Rejoice
In Their Alliance
L ONDON. May SI.—King Victor
Emmanuel of Italy has sent
the following telegram to
King George:
“The ancient and traditional
friendship between the Italian and
English peoples has been strength
ened- by the bonds of blood in war
against a common enemy. With
ardent hope for victory, I send
your majesty my cordial and
friendly salutation.”
This morning King George sent
the following reply:
“I hasten to reciprocate most
I cordially the sentiments you ex- <
press. It is a source of deep satis
faction to me that our two coun
tries are no w closely allied in a
great and noble struggle against
the common enemy. I feel com
plete confidence in the success of
our efforts in conjunction with our
allies.”
Wins Suit for Bottom
Of Banker's $500,000
Lake; Would Drain It
ASHEVILLE. N. C.. May 31.—Having
won a lawsuit by which he is adjudged
owner of one-eighth Interest in 392 acres
of land which lies at the bottom of I>ake
Toxgway, George Fisher, now demands
that the court order Toxaway Lake,
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 portion 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 whether Fisher gets wet
or dry land. Fisher, w’ho was one of
eight, has established that the deed
which the Toxaway Company supposed
transferred his interest to it. was a for
gery. He refuses to sell to the com
pany.
Anderson Leading at
Indianapolis Track
(By International News Service.)
MOTOR SPKEDWAY, INDIANAP
OLIS, May 31.—Under the .worst
w’eather conditions ever pervailing.
the fifth international 500-mile race
was started to-day. The three lead
ers after 50 miles were:
Anderson. In Stutz; Resta. in a
Peugeot, and Porporato, in a Sun
beam. Ralph DePalma was fourth.
A new record was hung up by An
derson for the 50 miles, which he ne
gotiated in 33:21.90, an average of
89.91 miles an hour. The former rec
ord for- 50 miles was made on this
course last year by Thomas, the De-
lage driver, at 86 miles an hour.
Every lap up to this point had seen
a lively brush between Ralph DePal
ma and Resta. who were fighting for
places in front.
Anderson was still leading at 75
miles, making the distance in 50:02.77,
an average* of 89.91. Behind him
came Resta. Ralph DePalma. Pro-
porato. Cooper and Rickenbacher.
Allied Flyers Kill
44 German Soldiers
(By I nternational News Service.)
AMSTERDAM May .31.—Forty-
four German soldiers were killed and.
30 wounded 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.
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 cf arts The' are Miss Erd
of Misr Louise Parks o f
Augusta and Miss Lou'se Templeton
of Way nee boro*
E
ITALIANS
E
AD
By BRIXTON D. ALLAIRE.
(Special Correspondent I nternat tonal
News Service.)
ROME. May 31.—Despite bad
weather, the offensive operations of
the Italian army of Invasion Trent
continues without a check. The Aus
trian forts In the Carnia Mountains
are being bombarded and Italian
forces are threatening the Austrian
defensive works in the Gail Valley.
A strong Italian detachment, sup-
parted by mountain howitzers, has
advanced along the Valentine Valiev
and laid siege to Malborghetto.
(Malborghetto lies in the Fella Val
ley, about ten miles inside of the
Austrian frontier).
Farther to the south another Ital
ian army, which is pushing through
the Barcelona Valley, is threatening
PrediL Pass.
(Predil Pass lies along side Predil
Mountain, about 18 miles northwest
of Karfreit or Caporetto. It is 3,795
feet high and is held by strong Aus
trian forts defended with heavy
guns).
Heavy rains in upper Istria have
flooded most of the rivers into moun
tain torrents.
The Italian Ministry of Marine has
closed the Strait of Messi to naviga
tion at night and cloudy days.
A dispatch from Milan says that
Italian soldiers discovered a tele
graphic apparatus hidden beneath the
altar of a church at Caporetto. Sev
eral Austrian priests were arrested
on the charge of being spies and will
be courtmartialed
King Victor Emmanuel of Italy,
King Peter of Serbia and King Nich
olas of Montenegro have exchanged
telegrams of felicitations.
Czar Claims Great
Victory in Galicia
By FRANCIS LAVELLE MURRAY.
(Special Correspondent I nternational
News Service.)
PBTROGRAD, 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
Sienawa. on the San River, north of
.faroslau (Galicia). Fourteen guns and
1 7,000 prisoners were taken from the
i Teutonic allies, according to the fol
lowing official statement:
"How much reliance may be placed
upon tile official statements of the
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 were compelled to retire before
the. numerically superior Russian
forces, abandoning six guns in ihe
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, Tsier. e
and Byki (a line nearly seven miles
longi. as well as at Sienawa, the en
emy's loss in killed greatly exceeded
the total number of orlsonerz taken
This certainly proved that the hostile
detachments thrown back across the
San at Sienawa w'ere far from weak
As to the alleged ‘overwhelming
forces of Russians' engaged <n this
Continued on Page 2, Column U
EAL ISSUE
(By International News Service.)
NEW YORK. May 81.—Germany’s
reply to President Wilson’s note of
protest against submarine warfare
evades the real issue, particularly In
the case of the Lusitania, according to
the view expressed by 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 ndte in re
sponse to the American protest
against submarine attacks upon mer
chantmen does not meet the issue. It
is worse than evasive. It is insin
cere, even pettifogging. Berlin does
not answer 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 ami reaffirms and re
news Its credentials to submarine
commanders to continue their ruthless
slaughter of noncombaiants traveling
upon the high seas. The demands
made by President Wilson that the
German Government "disavow the
acts, observed with amazement and
alarm," that they "as far as possible
make reparation for injuries whicn
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, will not satisfy
American opinion. It is likely to in
flame feeling here instead of moder
ating it. The murder of our citizens
must stop, and it is the firm convic
tion of the great mass of Americans
that negotiations for a settlement of
our differences with GerVnany an*
not worth continuing except upon an
immediate and definite assurance
that it will stop that it has already
stopped.
* * *
PRESS Berlins answer to Presi
dent Wilson’s note Is friendly, gra
cious and unsatisfactory. President
Wilson’s rejoineder to Berlin, there
fore. must be very quick and sharp.
The Berlin Foreign office does not
read our laws any better than the Von
Tirpitz Admiralty observes the laws
of God.
TIMES- The German reply Is not
responsive to our demands, ft does
not promote that "clear and full un
derstanding" as to a grave situation
wTi 'h President Wilson in his qpte
declared to be desirable. It tends rath
er to becloud understanding, for it
leaves us In doubt whether the Ger
man Government has been fully ap
prised of the deep feeling aroused
among the people of the United States
by the series of events which, in the
President's words, have been observed
‘with growing concern, distress and
amazement.' The manner In which
Berlin receives our representations in
regard to the sinking of the Lusi
tania can not fail to create a most
disagreeable Impression in this coun
ts. which the note s outward form of
courtesy will not remote.
5,800 Austrians
First Week's Toll
On Italian Border
By HENRY L. PERRY.
(Special Correspondent Interna
tional News Service.)
ENOA, May 31.—Austrian losses
in the first week of the war
with Italy were 5,800 in killed,
wounded and captured, according
to The Tribuna. These are enu
merated as 1,800 killed, 3,000
wounded and 1,000 captured.
The Austro-German forces on
the frontier are estimated at 650,
000 men, but so far they have of
fered only feeble resistance to the
advance of the Italians in both
Trent and Istria. There are 70
batteries of heavy Austrian guns
planted along the harbor.
The Italians are seizing Oglio
Valley, north of Lake Jseo.
Allies at Gallipoli
Under Heavy Fire
By LUDWIG VON KLEIN.
(Special Correspondent I nternational
News Service.)
CONSTANTINOPLE. May 81.—
Turkish guns In the forts on the Asi
atic side of the Darflenell** at the
Narrows are bombarding the Anglo-
French positions north of Sed-el-
Bahr. on the Gallipoli Peninsula. The
Turks have been reinforced upon the
peninsula. The following official
statement was issued to-day:
"On the Dardanelles front near A vi
Burno, the enemy made unsuccessful
efforts to prevent pis from reinforcing
our troops in'the trenches we had
captured on his center. On the Sed-
el-Bahr front the enemy has been
busily engaged In filling up the gap«
made by us on May 23. Our Anatolian
batteries on the Narrows violently
bombarded the hostile troops at Bed
el-Ba hr.”
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 waa 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. Rakes, 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.
More Room Needed
At Incurables Home
Tn 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. Whlte-
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 $1,090 made It possible to show
a balance to date of $630
Invitations have been issued to the
dedication of a tablet m Mrs S Y. Tup-
per for years a faithful worker for the
home. The exercises will he held Tues
day afternoon at 5:30 o'clock on the
lawn of the home, with Mrs. Floyd W
McRae In charge
Beavers Lauded and
Council Is Scored
Dr J. L. White of the Baptist Tab
ernacle. came out 8unday evening with
a denunciatory sermon concerning what
he termed the "sickening < at and dog
fight at the City Hall," which he
grouped with the sale of near-hee r and
the locker clubs as the cause of '•’■Ime
conditions in Atlanta
Dr White fare the police depart
ment a comparatively clear b:’ ! cf
health, and praised Chief Beaver* in
the most uaeUntod terma.
HAVRE, May 31.—The steamer Dixiana, owned by
the Strong Steamship Company, of Savannah, Ga., has
been sunk by a German submarine.
The Dixiana was attacked off Ushant, France,
where German submarines have been particularly act
ive during the past few days.
The Dixiana was bound from Savannah to Swan
sea, Wales, and this port.
WASHINGTON, May 31.—The State Department completed
the decoding of the German answer to President Wilson’s Lusitania
note shortly after 10 o'clock to-day, and it was expected the offi
cial text would be available late to-day. It was learned that the
text cabled to the press from Berlin was substantially correct ex
cept in the matter of the charge made by the German Foreign,
Office that the Lusitania was known to have carried mounted guns
below her decks.
The official text stated that the German Government was in
formed that the Lusitania "undoubtedly” carried these guns.
The official text also stated bluntly that the German Government
"rejected” the American proposal for the limitation of warfare
proposed under the German and British blockade orders.
The reply, disappointing and evasive in character, and regard
ed 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 Depart
ment to-day. It was planned to consider the document at the Cabi
net meeting to-morrow, which is looked upon as the most important
in years.
The German note is even more disappointing than
the 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 ttie frankness
which this nation expected.
The Lusitania tragedy, coating
more than 100 American lives, is re
ferred to with "keen regret" by the
German Government, but It then
switches to charges 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 specifically
asked by the Wilson note.
Wilson to Act Deliberately.
There is r.o authoritative informa
tion at hand at this time a» to the
course the President will take, in
fact, it Is understood the Chief Ex
ecutive. beset with International prob
lems on every hand, will not reach a
decision for several days, although
this Government does nbt propose to
give Germany an excuse for protract
ed negotiations and diplomatic eorre-
spondr-nce The President will an
alyze ihe German note sentence by
sentence that he may acquaint him-
self both with Jts few direct state
ments and its implications.
That the Chief Executive himseif
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 hip regret that
Germany has not replied more di
rectly to the former Communication
and has not seemed to take at Its
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 ip expected to in
dicate broadly, if he does not say it
directly, that the Unites States and
its people Will not he sympathetic 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 between 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 Stater ^ersuade Great
Britain to discontinue its efforts to
"starve out" Germany, the President
and his Cabinet now are face to face
with issues as grave, as any whioil
have arisen since the Civil War. f
Reply Opens Move to
Readjust Rules of War
B- rnEDER!CK WFRNEB.
(Sroo'3 1 Co-respondent Ints-nat^eral
New* Serves.) i
BERLIN, May
-Ioat uia Ost-
mar Oo< frsmer.t, in Its diplo'.natlc
note? 11 !th the United States over
submarine n-arfire and the detrac
tion off :» Lusitania, is look:|e
1