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The Georgian Carnet . The BUSINESS And All Of It Clean The Atlanta Georgian. The Georgian Carrie* The BUSINESS ~ And All Of It Clean VOL. 1. NO. 241. ATLANTA, GA., WEDNESDAY, JANUARY 30, 1907, PRICE: PSJ&Wg&Rl THA W JUROR OPPOSES CAPITAL PUNISHMENT Latest One Chosen Won’t Vote For Death Penalty. PRISONER CONFERS WITH PRETTY WIFE IST&n Experts Read}' to Swear That Slayer of White Is Insane. . New York, Jan. 30.—Uenry Kleiberger, aged 48, married, a soap manufacturer, of 1893 Sev enth avenue, was accepted as the eleventh juror. New York, Jan. JO.—Three allenlat*, who will testify that Harry K. Thaw v oa Insane when he was last In Pitts* burr, departed from that city today to attend the trial. This announcement was made before the reeumptton of the trial today. Dr. C. C. Wiley, Dr. C. F. Blnga- man and Henry A. Putchlnaon are the experts. They ire, accompanied by Roger O'Mara, the detective, who has been working In the Thaw Interests since the young prisoner was arrested. Dr. Wiley he* been at work detail ing tbs momentary Insanity defense which will be offered. He will be material as well as expert witness Specialists Are Interested. The eminent specialist who has been acquainted with the Thaw family for many years has Interested friends of th* young man and has. It la said, made a secret trip to New York, where he made an examination of Thaw. In a professional opinion, which he outlined and which has been In the hands of Clifford W. Hartridge for sev eral weeks. It Is pointed out that the architect's slayer was out of hie mind on the night of the root garden tragedy and for many weeks before. Henry C. Brearley, aged Jt. married, of No. II East Fifteenth street, em ployed by J. Peabody A Co., exporters, 17 Btate street, took the seat of juror Net «. of Defense. asst _ Ideas of the .roe given by Attorney (Reason, the defense, by a question lo one of the talesmen. q—Would you go Into the Jury box If you were selected, presuming th* defendant Innocent? A. I would. defense of Insanity?" was asked. It was th* first Ume th* direct ques tion had been pul by the defense. Necks were craned forward to note the answer. Thaw was talking to Lawyer 'Peabody and paid no attention lo the question. New Juror Is Chosen. “I have not," said .the talesman. "You understand what Insanity Is?" "I think I do." The juror, however, was challenged by the defense. At the session of court yesterday afternoon David 8. Walker, aged 34, a real estate broker, unmarrleil. son of John Brlsben Walker, former publish er of The Cosmopolitan Magaslne, was chosen a* Juror to lake the place of Juror Campbell, who was excused. Thaw is Nsttlsd. When the prisoner awakened today for the continuation of hla ordeal In court he expressed himself ss the least bit nettled following the sensational turn of yesterday when two Jurors tveri discharged. He did not, however, nppear to be greatly worried and when one of his keepers told him It was snowing he ex pressed the wish that he could go out for a sleigh ride. "1 believe," he added, "we will till the Jury box today. I hope so, any way. for I am anxious for a speedy hearing." Harold R. Falre, Juror No. 6. who wo ope of the two discharged, sold today f Ex-Juror Fairs Talks. "Ho far as I know, there Is only one thing that could have caused this myi tery action. Three years ago tv county detectives called at my printing ofllce, at No. 66 Wall street. They made what they called on Investiga tion. and on leaving asked me if I did ! want to go up und tee the district irney. I told them I could certainly go up ee the district attorney at any time wanted to see me. As they left I to them: "'You can go Just as as you like.’ One'of these two de. Ivee la McCsnvIlle. who has been court since the beginning of the w trial.” Thaw Tslk. With Wife, rs. Evelyn Nesblt Thaw anti her ad. Miss May MacKensle, the ac- s, arrived In court at 10:10 a. in. uty Sheriff Delehsnte, who always irts Harry K. Thaw to and from Court room, entered the room alone ■tly after the young women had B l seats, and whispered In Mrs. t. She followed Delahante to the In the rear of the court, where 1 us band was waiting, had sent for her and for fifteen tea they carried on a converMtlon i evidently comforting Import to both of them. When young Mrs. Thaw returned to the court room she looked mors cheerful than she tins appeared sine* the commencement of the trial, and Thaw, too, was all "ndles and bowed chssrtly toward his wife and her companions when ho came In some minutes afterwards. Thaw’s Mother to Testify. Upon the testimony of Mrs U llllam Thaw rests most of the burden of from the •lectru FIVE GENERATIONS • BROKEN BY DEATH HARR1MAN AND GOULD HAVE BURIED HATCHET; WARFARE HAS ENDED ^ UNBROKEN LINE OF FIVE. In the group are Mra 8arah Brown, of 47 Crsaeant avenue, who died Tuesday; Mr*. Elixabsth Karr, of Fourteenth street, a daughter; Mrs. Mary Elixabsth McIntyre, of II Weft Pine street, s granddaughter; Mra Bessie Wallses, of AS King street, a great-granddaughter, and Miss Nelli* Wallses, of 65 King street, a grsat-grsat-granddaughtsr. Survived by 117 Descendants, Mrs. Sarah Brown Dies at Advanced Age of Eighty-Seven Years. With the death of Mrs. Sarah Brown, of 47 Crescent avenue. Tuesday after noon, came a break In a living line of live generations. This Georgtn woman had reached the age of 37 before death came to her. Near Iter bedside were a daughter, a granddaughter, a great-granddughter and a great-great-granddaughter—four direct female descendants. No leas than ^17 descendants sur vive this noble woman. SJis had given Midi n ten children Hi her III* aad at j six daughters survive bar, her 'abas hsvlag passed away.: The daughters are Mrs. EllMbeth Karr, Mrs. C. It. Rea. Mrs. B. A. Beals, Mrs. W. P. Humphreys. Mrs. J. N. Edgar and Mrs. 8. A. Baldwin, all of whom live In Atlanta. The eldest daughter, Mrs. Karr, Is shown In lho accompany ing photograph, made two years ago. Mrs. Brown was the wife of W. R. Brown, who died 32 years ago, at the age of 74 years. 8ne was bone and roared In Forsyth county and removed to Atlanta Just before the civil war. Mr*.. Brown's grandsons will act as pall bearers at the funeral, which will take ptaas Thursday. afternoon at 1 o'clock At Harmony Grots church. At lanta Haights. ‘ ASK PHINIZY I III PEACHTREE Commission Takes Up Complaint on Bad Tracks. Ing her eon. Harry, from the electro chair. She will take the stand and swear that the slayer of Stanford White was mentally unbalanced long Continued on Pag* F'v*. The railroad cnmmlaainn will coll on Hon. Bmvilre Phlnlxy, of Augufttu, to more definitely nnd upcclflcnlly wet out fact* In connection with hla petition for nn Investigation Into the phyalcal con dition of the Georgia railroad proper ties. Thin direction was given the matter nt the meeting Wednesday morning. Secretary George Montgomery was In- strut tftl th write .Mr. Phlnlxy asking him to designate the exact place* on the Georgia road where the condition of rails, crossties or roadbed render* traffic unsafe If he furnishes this data for the guidance of the commission they will personally Inspect the property at aueh designated points, or they will Join with Mr. Phlnlxy In the Inspection. Petition W«i Read. At the meeting Wedneaduy morning Mr. Phlnliy’* petition uaa read to the commissioners, nnd after brief dlacun- slon of It. the matter was given the above direction. Under the act of Oc tober. llhH. the railroad commlnlon Is required to make Investigation of the physical condition of any road In tin* state on proper complaint to it. Mr. Phlnlxy’* petition I* general In i character, aettlng forth that the roadbed and rolling atock of the Geor gia road are both Inadequate and un- aafv. L'ndrr It the only thing for the commission to do uould be to go oh fotit over more than 300 miles of road^ bed. which would be compelling folonel Stevens to make good on hi* proposi tion for a thorough investigation ’if he hnd to walk over every foot of the road." The course now dependa largely upon Mr. Phlnlxy’s reply t«» the commission. If he files data pointing out the par ticular point* along the line where It I* unsafe the commission will Inveatl- gu;e. If he agrees to the other prop osition and accompanies the three member* on an Inspection tour that will be agreeable to the commission. Will Take Up Demurrage In the demurrage case, brought be fore the commission some time ago by Attorney J. A. Houthall. of Augusta. Chairman II W. Hill now has the mat ter under consideration. He will spend Wednesday nnd Thurs day looking over the records and other data, probably reaching a decision late i Thursday iftertmor This case was I not reopened for argument.\\ tdneadaj Member of Cabinet Criticised Before Senate. HIS LAND ORDER IS CARTER’S TEXT Montana Man Regards In structions in Nature of an Insult. Washington, Jan. 30.—The seriate this afternoon wo* treated to the un usual spectacle of a leading Republi can member of that body holding up to public scorn a member of the presl dent's cabinet. 8enator Thomas H. Tarter, of Mon tana, arraigned In vigorous i fashion Secretary Hitchcock, of the Interior, taking as hi* text the recent order of the secretary to the commissioner the land ofllce. which says "that no patent be hereafter Issued to public lands under any law. by an examina tion on the ground, by a special agent of your ofllce or such other officer or agent of this department os may be designated by the secretary of the In terior. until actual compliance with that law has been found to exist." "This order of the honorable secre tary of the Interior." declared Senator Carter, "expresses his final estimate of the truth and veracity, the honor and Integrity and the good faith of all the setttters on the public domain of the United States. The fact that every a! leged fraudulent transaction was In itiated and consummated under the ad ministration of the present secretary, has been given to the public. Tew hare •topped to coQilder the slender basis of the chirges that were made Indiscrimi nately against 16,000.000 people. Inhab- Dating fourteen state* and three terri tories. "1 fully realise that even the presl- deht^of the tlflUcd^Byeo h«sd»een ds- the secretary." report* NOT SECURE 200-Room American House on Site of Ballard. A new anil modemly equipped hotel will hr built In Atlanta soon. The site .if the new hnstetrv will be on Peachtree street, between the Ma jestic hotel anti the Flret Baptist church. At present this large lot In occupied by the Ballard house. The Bullard .It. far bark front/ the aldewalk. and It la the Intention of the owner. J F. Leary, a well-known Atlanta cupltall.t, to build In front of It a large, modern hotel, and to Incorporate the pre.ent Ballard house aa a part. The hotel. It Is estimated, will cost In the neighborhood of 1200,000. Thera will be too rooms, all hullt along the latest line, of architecture, and fur nished In a strictly modem and up-to- date manner. Just when work will be gin la not known. Mr. Leary Is In Montgomery at pres ent. and Inu given out nothing con cerning the new venture, but It Is learned on good authority that such are his Intentions, and these Intentions have assumed, or art assuming, prac tical shape. The chancing of the Piedmont and the Kimball house Into strictly Euro pean bottle haa.r.strd the need. Mr. ,Leary thinks, of another good Ameri can hotel. OOOOOOOOOOOOOOOOOOOOOOOOOO O O O DON’T KICK ABOUT RAIN: O O FINE FOR THE GRASS. O ■ - ' O Well, It couldn't Iasi always. O O After such weather as wo ve had O O we havs no kick coming. O The forecast: O "Probably rain Wedneeday O O night and Thunitlay; slightly cold- O O er Thursday." O O The temperatures: O O 7 o'clock a. m 35 degrees O O 3 o'clock a. m 36 degrees O O 3 o'clock a m 37 decrees 0 O 10 o'clock s. 33 degrees O O II o'clock a. m S3 degrees O O 12 o'clock noon 40 degrees O a I o'clock p. m 41 degrees O O 2 o'clock p. ni 12 degrees O O O oooooonMiooooo’JOooooooooooo New Point Is Raised at the White House. Washington, Jan. 10.—W. J. Oliver. Knoxville, Tenn., anti hi* associates may not get the Panama canal contract after all. It wss officially announced today thgt the only promise or pledge the admin istration had given Mr. Oliver thun fur wan that hi* bond would be connht- errd and the government would feel perfectly free to reject Oliver a* a con tractor. or any or all of the other con- tractor^ Hnd rebuild the canal Itself. The statement ha* been made that the government had promlnetl Oliver that If he secured now partner* the Job won hi*. It wan raid at the White Hou** today that thl* impression wa* In error. "Mr, Oliver will come In now with hi* new partners on the name ground with the McArthur-Olllenple combina tion." raid an official at the White Hou*e. "A* he ha* been accorded the* privilege of amending hi* bill, the Gil lespie people would be given the same privilege." iegioIell 01 SAW ATM MILLi HEAD MS SEVERED Gould Lines Given Chance to Enter Eastern Por.s. TRACKAGE RIGHTS REPORTED INVOLVED Wabash Will Be Given Out let to the Cumberland Tidewater. N.w York. Jan. *«.—E. H. Harrlman and George Oould. after year, of war. fere, are said to have burled the hatch, el end signed a peace agreement This means that the light against Gould's entrance into Eastern porta and to the Pacific has ceased. There is the beat of authority for these statements, though the principal* refuse to discuss the matter In any way. The first thing to call attention to the fact that the war has been ended was the sale of a right of way aci the Southern Pacific lands lo the W em Partite, a Oould road, and further entered Into an arrangement with Gould by which the trains of the Western Pacific will be given Ire.... Jure rights over the Southern Pacific, thus doing away with th* necessity tor further road construction by the Goulds. This agreement was an en taring wedge. Nuw It Is understood that Harrlman has been th* means of effecting the admission of Oould Into a "community of Internet" plan by whleh th* Webeah will be given an oullst to the Cumber land tidewater line through the West ern Maryland over the Pittsburg end Lake Erie or the Baltimore and Ohio railroad. This means that th* danger of a light that might upaet the railroad bond Interest haa been averted. Fur ther road building In that direction baa been ended. DELAWARE KEEPS WHIPPING POST Baltimore, Md., Jan. 30.—The Delaware atate government haa voted to retain the whip] and couttaoe the “ oners. MAN'S TWO WIVES VISIT EACH OTHER AND TALKOE HUBBY When Arrested at BebeHt of No. 2 Chattanooga Man Confesses. Bpeelal to The Georgian. Chattanooga, Tenn., Jan. JO.—It la alleged that R. O. Leveraged 33 year*, of thla city, haa two wives, who reside here end are well acquainted. One Is said to be Mra. Anna and th* other Mra. Mery Love. According to th* charges, he married Mra. Anna, wife No. 1, who came from Oeorgta shout four years ago, and ho took Mrs. Mery, wife No. J, lest April. Wife No. 1 has two children. Wife No. t had her husband arreated because, she said, he came home drunk and threatened to batter down the door and kill her. Both the alleged wlvos have visited each other and talked of the common husband. Love haa con fessed to the officers. ASK REWARD Habersham and Banks Counties-Scene of Offense. ALTO CITIZENS GO TO GOVERNOR Race and Labor Problems Both Involved in This Case. WAS DEAD ONE WEEK Special to The Georgian. Memphis, Tenn., Jen. JO.—With pistol bullet through the temple and hi* face eaten off by rata, the body of James Oweni. an English umbrella man, who cam* here lest summer from Chicago, wa* found dead In bed thla morning. Owens wee In business her* A peculiar end In some ways a star tling phase of both th* race and labor problems la brought to light by two \ petitions presented to Governor Terrell ~] Wednesday by cltlsena of Banks end Habersham countie*. These petitions recite how three good end herd-working negroes, Frank 1 Grant. Marshall Davenport and Henry Belem,' were driven out of Habersham and Banks counties, and call upoiifht "j chief executive to offer reward* for th* person or persons engaged In tha out- ‘ rage. The petitions era aa follows: - Petition for Reward. Buie of Georgia, Habere ham County.— January II, 1307. ~ To Hla Excellency, J. M. Terrell, Gov- - - ernor of Georgia, Atlanta: . Whereas, on the night of December U. 1106, parties unknown came to tha quiet home of one Frank Grant, col ored. a cltlaen of thla county, and shot Into hie residence, sod then went to th* home of Henry Belem, colored, a tenant of raid Frank Grant, and shot promte- ■a nera cuoualy around his (the said Belem's) nyur) house, and demanded-of him to leave the county under —era penalty. » Thl* has caused the tenant. Henry Belem, to leave and Frank Grant to sail hla little house at a sacrifice named J. W. Moor*. Owen* had been missed for five days, but ee Moore Is In Louisiana at work It wa* thought Owens had gone also. Owens wss _ found In bed with his limbs end hands leave. It comes to u* that of the suicide. Governor of Political Prison Done to • Death. Nt. Petersburg, Jnn. 30.—(iov- ernor (Juidonm, of the political prison on Ilasil island, was axsax- m mitcil by nil 18-year-old boy, dressed as a workingman. A prison warden, who attempt ed to arrest the boy, was fatally shot, and the terrorists escaped. PEONAGE CHARGE WILL BE PROBED Washington, Jan. 30.—A charge th.U the Charlotte Harbor ami Northern Railroad Company Is holding u lei,re number nf Greeks In a slide nf peonage In Florida, has been mode to the de- psrtinent of Justice. The complaint will be Investigated. goooooooooooooooooooooooog O WITH HAIR BURNED OFF O O NORFOLK MAN ESCAPES O O FROM BURNING STABLES. O FLOOD CREST IS BY as' the cause signet 1 officer* ami KltY’ni Ufl EPnffffWWHPBfc c.onvlctlon-of these unknown I aay. JIM for the first and : aucceedln ucceedlng (Signed) C. W. GRANT, —*3 Bute I Hiieclal to The Georgian. Woodbury. O*., Jan JO.—On Tuesday, the 33th, at the saw milt of A. G. tame, near Blleralle. Go., Emmet Pitts, j colored, while bearing off lumber, fell forward across the big circular saw and j his head was completely, severed from his body. The negro was an old and faithful employee. • O Special to Th# Georgian. O 0 Norfolk. Va„ Jan. JO.-r-Forty O 6 horses were burned up In a lire O O which totally destroyed Dunbar’s O O stables on Calvert and Wide O O streets here today. Chauncey O O Newkirk, who was asleep In the O O stable- ot the time, escaped after O o all the hair on hla head was burn- O 0 ed ..If- ' o OOOOOOOOOOOOOOOOOOOOOOOOOO th# states of Mississippi and Arkansas. Floods Will Surpass Former High Water Mark. Hp.-elsl to The Georgian. Memphis. Tenn.. Jim. 30.—A rise of one foot In the past twenty-four hour# has put the river here 6 fret and 3 Inches over the danger line of J3 feel, and gloomy forecasts were made ny Forecaster Emery and officials of the Bt. Francis levee board. Chief Engi neer Pharr, of the HI. Francis board, estimates today that th* Mississippi here will go to to 6 feet, 6 Inches above the previous high-water mark made in 1*03. ' Th.'t'l. it of the Hood Is now expected to reach here early Bundny The weather haa turned warm and intaty, and the engineers view the pi pccta of ruin at the present high stage of the river with greatest fen Portions of Bt. Francis levee. II Is thought, can not stand to feet of water. According to Captain W. I>. Connor. United States engineer In charge this district, the weakest s|sit In leve In the Memphis territory Is ai the Jun tlon of White river, nn Arkansas stream, with the Mississippi, nnd large force of men at., working there now night and day to reinforce two miles of low embankmenls. At Helens the situation 1s reported to he critical and the officials are taking an extreme- ly pessimistic view of the flood situa tion ns relating to the entire delta of Mis* Emma 0. Whitley. The funeral services of Miss lonma <). Whitley. Who died Monday nicht ok her residence. 34-' Frasier afreet. were conducted Wednesday mornlns at II o'clock. The Interment was In West- view cemetery. PUPILS OF FAIR SIREE7 TO V1SI7_ THE GEORGIAN The Fair Street school will visit The Georgian plant next Friday aft ernoon. The pupils of the seventh and eighth grades have been extended nn Invitation bv The Georgian lo look over Its model newspaper plant. The party Will arrive at 3:30 o'clock. Just at the busy fciVr before "press time." nnd will he shown, avery deparrmeirr ; tras1ne»s.<1i»w a gath ering, type-setting, stereotyping, printing. They will Hon that goes to make up a modern afternoon dally, and teachers and pu pils alike will belter appreciate their daily newspaper after they have "seen how It Is done." J. A. ERWIN, Clerk 8. C. M. FRANKLIN, Ordinary. J. D. HILL, T. C. H. C. Ran Davenport Away. | of Oeorgta, Habersham and ■ Banka Counties, Jan. Jt, 1107. To Hla Excellency. J. M. Terrell, Gov ernor of Georgia. Atlanta: ■ Whereas, It haa come to our knowl edge that certain parties unknown lo I us did on the night of December it. 1*06. under cover ot darkness, surround the quiet home of Mere hall Davenport, colored, on the farm of Mrs. Annie B. Hurchln. In th* town of Alto, county of Hanks, and lira live gunshot chargee ■ Into the house and one gunshot charge llnto the window of th* house of said Marshall Davenport, an Innocant and unoffending dtlsen. so terrifying him Diet he abandoned his home and sought refuge with his family In the neigh boring state of South Carolina; that said Davenport was previously terrified by repeated warning* to leave th* country forthwith on penalty of the burning of hi* house and personal ef fects If he remained; and, whereas. It Is a matter of common knowledge that said Davenport was a man of peaceable and exceedingly tndustrloue habits, and excellent reputation for sobriety honesty and Integrity, Therefore, we, the mayor and council of the town of Alto In th* counties of Hanks end Habersham. In general ses sion assembled, do moot respectfully . petition nnd pray your excellency to offer e reward of not leas then 3100 for the npprehenslon end conviction of th* unknown istrtles to this great wrong and crime—say 1100 for tH* first ar il cat and conviction and J60 for each [succeeding arrest and conviction, t Signed.) OEOROE W. GRANT. Mayor Alto, Oa. J. W. WADE. Mayor Pro Tam. R. W. ALEXANDER. G. H. TAYLOR. J L. C. WH1TEMORH Councilman. C. L. C. WADE, Clerk of Council. Serious Labor Problem. These petition* att forth condition* Lxlstlng in the communities very clear ly. Governor Terrell gave the petitions consideration, but Inasmuch aa they did not epeclffcally set forth that a felony had been considered, he returned them to the ordinary of Habersham for facte as to this point Under th* law the governor has authority to offer reward* only In felony cases. He stated that It the evidence disclosed felony he would authorise th* reward* ~ _r~'-Gl The section from which Um petlllom collie Is a mountain region, anil th* la. bor la almost wholly white. Arottad Alto and Baldwin, little towns, the cen. Iters of this particular section, there ere few negroes. Land and climate an Ipecullarly favorable to fruit growing; thousands of peach trees have been net out by native Investors and Investor! from the North, East and West Colonel L. D. Burch, editor of Thr American Sheep Breeder, haa receatl] built a bungalow near Alto, and pro- | poses to experiment In sheep raising. *i the mutton raised In that section haa he hellrves. like the peach**, a pee*-