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TUESDAY, DECEMBER 29.
JUSTICE LIAR'S STATEMENT IN
GRANTING LEO FRANK'S APPEAL
Washington-—Justice Lamar’s state
ment in granting an appeal to Leo M.
Frank yesterday from the refusal of
the federal district court for northern
Georgia for release on habeas corpus
proceedings in full is as follows:
"Leo Frank’s recent application for
a writ of error was denied by me on
the ground that no federal question
was involved in the ruling of the su
preme court of Georgia that his mo
tion to set aside the verdict finding
him guilty of murder had been filed
too late. This petition presents a
wholly different question since it is
an application for the allowance of
A.B.Saxon& Bro.
566 BROAD STREET
AUGUSTA, GA.
LOWER THAN EVER
No Fake Prices
We offer from stock in
store, best selected goods, at
following prices, until sold:
1,4 box 3c Raisins
for OUC
14 box 4c Raisins /* C _
for DDC
14 box 5c Raisins QC
for ' ODC
% box 6c Raisins SI.OO
30-40 Prunes, per 1
pound iuC
50-60 Prunes, per 1O 1
pound 1m 2 C
Va box 4c Raisins
for
1/2 box 5c Raisins $1.60
16 ounce Cluster 1 C
Raisins IDC
16 ounce Seeded 1 OJL
Raisins iul C
10 Per Cent Discount on all
cash sales on above prices.
Special Prices to Merchants.
Fulghum Seed Oats, Tea,
Coffee, Flour Buckwheat,
O. K. Lard, Butter, Blue
Stem Plain Wheat Flour,
Georgia Syrup,Maple Syrup,
and our assortment of can
goods, unsurpassed.
We solicit your patronage,
and guarantee satisfaction.
Give us a trial.
566 BROAD STREET.
AUGUSTA, GA.
GET YOUR GROCERIES
TOMORROW HERE.
A. B. Saxon & Bro.
PHONE 529.
MEN’S TOGGERY
The stream that brings us the newest and best
things in Men’s Haberdashery never stagnates.
For the smartest Shirt, the choicest Tie, the correct
thing in Gloves, or for anjrthing that’s “the thing” in
Men’s Toggery, come here.
Into this store is always a flow of the brightest and
newest of correct things in Men’s dress requisites.
That is why so many of the younger men in town
trade here, and why we’re looked upon to set the pace
in Men’s wearables.
' MS Creary’s I
1• . ', ■ ■■■■■■■ i. - ' • '
Make Your Icings with Kenny’s
XXXX Powdered Sugar.
Fresh Daily.
C. D. KENNY CO.
Phone 601. 1048 Broad Street.
WHEN TIMES ARE TIGHT
And money hard to obtain, the careful householder
buys the best that money can buy. He knows that is
true economy. You cannot, therefore, afford not to have
some of my Peerless Jellico.
B. A. DIAL
WOOD AND COAL. Phones 25-J and 2701
an appeal from the judgment of a fed
eral court on a record which presents
a purely federal question, irrespective
of regulations governing state prac
tice.
What Petition Alleges.
"Frank’s petition for the writ of
habeas corpus, addressed to the judge
of the United States district court for
On Curing Superfluous Hair
By the Beauty Editor.
To the Beauty Editor: Please advise
me if there is anything that will per
manently kill a very bad case of super
fluous hair that has become stiff and
coarse by repeated failures to find a real
cure.” Mrs. H. H. W.
The only prescription 1 know of for
completely removing every trace of Su
perfluous Hair is Mrs. Osgood’s Won
der named after a well-known society
woman who found that It removed per
manently her own unsightly hair
growth. It is absolutely harmless and
inexpensive.
You can obtain Mrs. Osgood's Wonder
from T. G. Howard's Drug Stores: a
signed Money-Back Guarantee comes In
every package- Other druggists also sell
it. Do not apply this prescription except
to hair you wish iotaily destroyed never
to return.
DOG COLLARS
We carry large line of
DOG COLLARS, MUZZLES,
CHAINS AND LEATHER
LEADS, BLANKETS, Etc.
Don’t delay getting your dog
his coll„r. Recent law passed,
requiring every dog to have col
lar and tag, goes into effect
January Ist. See Us. Collars
from 10 cents and up.
Augusta Trunk Factory
735 BROAD STREET.
OPPOSITE MONUMENT.
Presents Worth While
Hartz Mountain Canaries
Genuine, best singers,
we’ve ever had.
Canary Cages
A fine lot at low prices.
Incubators and Brooders
Encourage your chil
dren in poultry raising.
Bulbs and Potted Plants.
N. L. Willet Seed Co.
AUGUSTA, GA.
the Northern District of Georgia al- j
leges on his trial for murder in the i
superior court of Fulton County, Ga., j
public feeling against him was so ,
great that the presiding judge advised
his counsel not tft have him pres nt
lin the courtroom when the verdict
was returned, and that his involuntary
absence, under such circumstances,
when the verdict was returned, de
i prived him of a hearing to which he
was entitled under the constitution
and rendered his conviction void. He
avers that his motion for a new trial
was overruled and he then moved to
i set aside the verdict as being void for
lwant of Jurisdiction; that in passing
on that motion the state supreme
j court held that while he had the con
stitutional right to be present when
! the verdict against him was returned
into court, yet such verdict could not
he attacked, by a motion to set aside,
after the expiration of the trial term :
and after his motion for a new trial
had been finally refused. He alleges
that his attempt to have that Judg
ment reviewed in the supreme court
of the United States failed because,
though a federal question was raised
in the record, the decision of the su
preme court of Georgia was based on
a matter of state practice.
Claims the Right.
“He therefore filed this petition for
a writ of habeas corpus in which he
claims that the right to be present at
the rendition of the verdict*was juris
dictional and that on habeas corpus
he is entitled to a hearing on the
question as to whether he had waived
or could waive his constitutional right
to be present when the verdict of
guilty wap returned into court
“The district judge hoard no evi
dence as to the truth of the allega
tions, but refused the writ on the
ground that the facts therein stated
did not entitle Frank to the benefit
of that remedy. He declined to give
the certificate of probable cause aud
J this application for that certificate
| and for the allowance of an appeal
i was then made to me as the justice
assigned to the fifth circuit.
Act of 1908.
“Under the act of 1908 the applica
tion for the certificate is not to be
detrmined by any views which may
be held as to the effect of the final
judgment of the state supreme court
refusing a new trial, but by consider
ing whether the nature of the consti
tutional right asserted and the ab
j sence of any decision expressly fore-
I closing the right to an appeal, leaves
the matter so far unsettled as to con
stitute probable cause justifying the
allowance of the appeal.
“The supreme court of the United
States has never determined, whether
on a trial for murder in a state court,
the due process clause of the federal
constitution guarantees the defendant
a right to be present when the ver
dict is rendered.
Not Decided.
“Neither has it deftided the effect of
a final judgment refusing a new trial
in a case -where the defendant did not
make the fact of his absence when the
verdict was returned a ground of the
motion, nor claim that the rendition
of the verdict in his absence was the
denial of a right guaranteed by the
federal constitution.
“Nor has it passed upon the effect
of its own refusal to grant a writ of
error in a case where an alleged juris
dictional question was presented In a
motion filed at a time not authorized
by the practice of the state where the
trial took place. Such questions are
all involved in the present case and
since they have never been settled by
any authoritative ruling by the full
court, it cannot be said that there is
such a want of probable cause as to
warrant the refusal of an appeal.
That being true, the act of congress
requires that the certificate should be
given and the appeal allowed.”
JOHN F. WHITAKER OF
HARLEM SHOT BY ACCIDENT
Harlem, Ga. — Mr. John F. Whitaker,
who lives four miles south of Harlem,
while rabbit hunting with a crowd of
men and boys on the afternoon of the
28th inst. was accidently shot by his
cousin, a boy 13 years old. The load
of shot e. -red Mr. Whitaker’s right
side, breaking several ribs and pro
ducing a frightful wound. Dr. A. B.
Martin was Immediately summoned,
who took the wounded man to the
hospital in Augusta for treatment.
His condition is quite serious.
Authorities at the city hospital statg
that Mr. Whittaker’s condition is not
necessarily serious, provided compliea
lions do not set in. It seems that Mr
Whitaker was shot in the kidney—on
the right side. Barring complications,
he should be out in a few days.
TAKES HIMSELF TO BEGIN
LIFE TERM IN PRISON
Jacksonville, Fla. —John L. Dedge,
sentenced to a life term in the con
vict camps, took himself to prison
Monday without a guard. Dodge’s
case has been in court for three years
and was only recently sentenced. He
was convicted of the murder of T. C.
Warren in a quarrel over a woman.
He had become such a trusted pris
oner in the county Jail here that when
he asked to go to the camps unat
tended his request was granted.
A telegram received from the war
den of the state convict camp at Rai
ford, Fla., Monday afternoon an
nounced that Dedge had arrived and
delivered himself with the proper pa
pers in the case. Dedge paid his own
railroad fare to Raiford.
AMERICAN MGR. TURKISH
COPPER MINE ESCAPED
London. —ln the Invasion of a Brit
ish copper property near Batum by tha
Turks, the American manager. B. T.
White, was wounded but managed to
escape with other foreign officials of
the company. Borne officials have ar
rived in London.
The 1500 employes were completely
outnumbered In the fight and left tha
property as soon as the enemy with
drew As the company produces 24,
000 tons of monthly the Russian
government Immediately took steps
re-occnpylng the mine
WRECKED IN XMAS GALE
New York.— The three n anted
schooner Warren Adams, which sailed
December 21st from t’harleston, 8. C„
lor Philadelphia, with lumber, was
wre ked by a gale on Christmas and
nbandone l In a sinking condition two
days later, according to her crew of
seven who were rescued by the Nor
wegian steamer Joseph J. Cuneo. and
landed here today. Nothing watt saved
from the schooner except a few nau
tical Instruments. Captain Grace said
| that he and his erew had abandoned
|hope when the Cuneo was sighted.
1 Transfer from the sinking vessel wa#
made at great peril in a small boat.
THfc AUGUSTA HERALD, AUGUSTA, GA.
MANY MILLIONS f
IN SEA LOSSES
Scandinavian Ships Number 22
While the British Will Go to
54 in War’s First Four
Months.
Stockholm, Sweden.—-Total losses to
Scandinavian shipping througti mine
disasters were as follows up to mid-
December:
Sweden, eightlshlps and sixty lives;
Denmark, six vessels and six lives;
Norway, five vessels and six lives. !
To that total must also be added Hol
land with three vessels and fifteen
lives. The total financial loss for the
twenty-two ships and their cargoes
will reach nearly ten millions dollars.
$30,000,000.
London.—During the first four
months of the war, fifty-four British
foreign-going ships, valued at sll,-
400,000, with a cargo worth $15,800,000,
were captured or destroyed by the
enemy. These are the official figures
of the Liverpool and London War
Risks Insurance Association.
SALE OF THE’CLAFLIN CO.
ASSETS ON JANUARY 14TH
New York.—A decree providing for
the sale on January 14 of the assets
of the H. B. Claflln Company wns 1
signed by Judge Hand in the United j
States district court here yesterday. |
The assets Include all property riglit j
and interest held by John Claflln in |
the insolvent company. The belief
prevailed in mercantile circles that the
property would be bought in by the
Mercantile Stores Corporation, suc
cessor to tlie H. B. Cliflin Company
in the. control and management of the
Claflln stores throughout the country
The decree of sale is so drawn ns
to embrace the plan of re-orgtiniza
tion presenter! In the interest of the
Mercantile Stores Corporation. Un
der that plan the creditors are to re
ceive 15 per cent in cash and 85 per
cent in notes and stock of the reor
ganized company.
T. W. McGAW DIED SUDDENLY.
Savannah.—Thomas W. McGaw, su
perintendent of the Alabama division
of the Seaboard Air Line Railway, died
suddenly last nighl at his home here.
While addressing New Year cards with
his wife early In the evening he com
plained of feeling ill, but was soon
better. He retired and was found dead
in bed this morning.
The remains will be sent to Detroit,
Mich., for interment.
HAIR FELL OUT
BY HANDFULS
Scalp Itched All the Time. Could
Not Sleep. Nearly Lost All of
Hair. Used Cuticura Soap and
Ointment. Head All Healed.
26X6 W. Fairmont Ave., Baltimore, Md.
—“ I had been suffering for about six months
with itching of the scalp. It began by my
to do me any good. I saw Cuticura Soap
and Ointment advertised In the paper and
sent for a sample. J used them about four
times and saw that my hair stopped coming
out. So I bought a cake of Cuticura Soap
and a box of Cuticura Ointment and hi two
months my head was ail healed and my hair
started to grow and I haven't had any
trouble since.” (Signed) Mrs. Llllla War
ded. Jan. 2, 1914.
Samples Free by Mall
It !• no easy to got rid of .kin trouble
by using Cuticura Noap oxcluilvoly and a
little Cuticura Ointment occasionally that It
Is a pity not to do so hi all casna at pimples,
redness, roughness. Itching, and Irritations.
A single set is often sufficient when all else
falls. Although Cuticura Hoap and
Cuticura Ointment UlOc.) are sold by drug
gists everywhere, a sample of each with B*-p.
flkln Book will be sent free upon request.
Address: “CuUcura. Dept. T, Boston.''
How To Get Rid of a
Bad Cough
A Ilomf-Mndf Remedy that Will
Do It <luJckly. Cheap and
finally Made
If you have a bad cough or chest cold
which refuses to yield to ordinary reme
dies, get from any druggist 2% ounces
of rinex (50 centH worth i, pour into a
pint bottle and fill the bottle with plain
granulated sugar syrup. Ktart taking
a teaspoonful every hour or two. Jri 24
hours your cough will he conquered or
very nearly so. Even whooping cough is
greatly relieved in this way.
The above mixture makes a full pint
■—a family supply—of the finest cough
syrup that money could buy—at a cost
of only 54 cents. Easily prepared in 5
minutes, full directions with i’inex.
Ibis I’inex and Sugur Syrup prepa
ration takes right hold of a cough and
gives almost immediate relief, ft loos
ens the dry, hoarse or tight cough in a
way that is really remarkable. Also
quick!, heals the inliamcd membrunes
widen accompany a painful cough, and
stops In* formation of phlegm in the
throat and bronchia! tubes, thus ending
the persistent loose cough. Excellent for
bronchitis, spasmodic croup and winter
coughi Keeps perfectly and tastes good
—children like it.
I’inex is a special and highly concen
trated compound of genuine Norway pine
extract, rich in guaiacol, which is so
healing to the membranes.
To avoid disappointment, ask your
druggist for “2ounces of I’inex,”—do
rot a i t anything else. A guarantee
< ' absolute satisfaction, or money prompt
h refunded goes with this preparation,
'lie. I'intx Co., ft. Wayne, iud.
scalp breaking out In sores
which Itched all the time.
I hadn't any peace and I
would lie in bod and couldn't
sleep on account of the Itch
ing. My hair foil out by
handfuls. It was thin and
didn't grow at all; I nearly
lost all my hair. f
44 1 used at loaat a dozen
remedies and nothing teemed
smooth and carefully laun- \ j
THE FAMILY WASH
We are equipped to do this work in a man
ner that cannot but delight the most particular
housekeeper. Our sanitary method of rendering
your clothes immaculately clean and sweet, sub
jecting them to no injurious chemicals, or vigor- .
ous process by which their life is shortened will
perfectly solve the old problem of “Wash Day”
with its many dreaded inconveniences.
IT IS CHEAPER
and how vastly more satisfactory to have this
work done by us. We will call for and deliver it
to your door.
Start the New Year right. Give our method
a trial and you will never go back to the old way.
A TELEPHONE CALL TO
51 769 or 1257-J
Will Bring Our Man in a Jiffy
EMPIRE LAUNDRY
AND
DRY CLEANING CO.
THREE