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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