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THE AUGUSTA DAILY HERALD VOLUME XIX. No. 56. WHAT WILL BRYAN DO IF VILLA PERSISTS AND CARRANZA REFUSES ? No Legal Obstacle at All to Sending of Force of American Cavalrymen to Recover Benton's Body if it Can Be Located THAT SUCH WOULD BE ACT OF WAR DENIED AS PRES’T WILSON SAYS THAT MEXICO HAS NO PRESENT GOV’T Course Would Be One of Last Resort, But Legality Un questioned. Has Precedent in Boxer Uprising in China. Washington.— Secretary Bryan went Into conference with the sen ate foreign relations committee before noon. He had with him an armful of books and documents. Some of them, it was said, related to Mexico. Washington.—The State Department la hopeful that through General Car ranza, Villa's superior officer, It can succeed In getting Renton's body. No answer has been received today to rep resentations sent to Carranza yester day. Secretary Bryan has communicated to the British embassy the latest mes sages from Consul Letcher announc ing Villa's willingness to permit the widow to view Benton's body but his refusal to allow its removal. That, however, may not meet the demands of the British embassy. Declines Any Intentions. Secretary Brvan declined today to Intimate what he would do in the event that Villa persisted in his refusal and Carranza could not be induced to in tervene. Discussing possibilities, some offi cials here said there was really no le gal obstacle to Brigadier General Bliss sending a force of American cavalry men from the border patrol to recover Benton's body if it can be located. That such would l>e an act of war which must first be authorized by congress was denied by such officials. President's Declaration. They pointed to President Wilson's declaration that there is at. present no government in Mexico. Such a condi tion they say w ould Justify such action, somewhat similar to that taken in Chi na during the Boxer uprising, when a large international force entered the country without any dec a ration of war. Such a course would be one >f last resort but its legality was held to be beyond ouestion. The 800 'marines already on battle ships in the Gulf of Mexico will he re inforced hy 300 more which will nail f mi Pensacola on the transport Prai *s>, probably next Sunday. Overcrowded Warship. Secretary Daniels explained that I lie the Prairie is being sent to Vera Cruz solely to provide accommodations for marines on already overcrowded bat tleships and that the three extra com panies totalling some 300 can be ac commodated on the Prairie without ov ercrowding the others. Secretary Daniels said today that no orders have been issued for the land ing of a guard for the legation in Mex ico City and that no request for such a force had been received at the de partment- J. Hamilton Lewis Makes Plea For Law Adjustment Illinois Senator Says, Let Us Decline to Carry Along Hoary Precedent Kansas City.—The sinurdliflcatio* of court procedure and the creation of a general popular confidence in the Judiciary must come largely through the American lawyer, in the opinion of Senator James Hamilton Lewis, of Illinois, as expressed In an address here tonight at the annual banquet of the Kansas City Bar Association. "The government,” Senator Lewis Bald, "was nearer to civil revolution a little more than a year ago, than It ever was over conditions since the civil war. The belief prevailed that the government, through the thing called law, had licensed the commer cial marauder and legalized ths per sonal oppressor. "Three presidents' oT the United States, Taft, Roosevelt and 'Wilson each the representative of his party, have declared that the great wrongs done" 7 the country were through the l&w "Our duty is to awaken to moderi things; to move nearer the citizens for whom the law Is created and who, though the author of ’ the law in theory, is the victim of Its execution; abandon ancient forms that were against common sense; decline to carrv along hoary precedent. Let the law be adjusted to the new tem perature of a new civilization.” London. —The British gnvern meht, it was anounoed today Is still awaiting an answer from the State Department at Washington to its request to the United States government to secure a safe con duct from General Villa to enable Consul Perceval of Galveston, to participate in the investigation Into the death of Win. S. Benton at Juarez. Francis Dyke Acland. parlia mentary under-secretary for for eign affairs, stated today in the House of Commons that the for eign office was not prepared to order Consul Perceval to leave El Paso for the dangerous districts of Mexico until it had received some assurance that he would be safe. SUPREME COURT DENIES 8 NEW MM Convicted Murderer of Mary Phaqan Hears News of Unanimous Decision With Same Calmness He Has Ex hibited Since His Arrest Extraordinary Motion Expect ed Now to Be Filed in the Superior Court. Prisoner Still Expresses Confidence Sent ence Never Carried Out. Atlanta, Ga.—The supreme court of Georgia today refused to grant a re hearing of the appeal for a new trial for Leo M. Frank, under death sen tence for the murder of Mary Phagan. Chief Justice Kish and Associate Justice Beck, who dissented from the court’s decision last week denying the appeal, concurred In today’s decision, which was unanimous. Extraordinary Motion. The motion for a rehearing was filed yesterday and was based on the con tention that certain important counts in the appeal had been disregarded by the court. It Is expected that an ex traordinary motion for a new trial will be filed within a few days in the superior court. Notice was filed In the superior court 'today by attorneys for James Conley, the negro convicted yesterday of being an accessory to the murder, that they would ask a new trial for their client, Conley, who was the prin cipal witness against the young fac torysuperintendent and is under sent ence of 12 months in a convict chain gang. With Calmness. Frank received news of today's su preme court decision with the same calmness he has exhibited since his arrest last April, two days after the murder of the little factory girl. He expressed confidence that his death sentence, indefinitely stayed pending final disposition of his case, would never be executed. Huerta’s Soldiers Hang American; Body Left For Three Days Lar«do, Texaa—Official confirmation of the hanging of Clemento Vergara, American citizen, by Mexican federal* near Hidalgo, Mexico, was received to day by United Htates Consul Garrett at Nuevo Laredo, The report said Vergara's body remains hanging three miles from Hidalgo. Consul Garrett Immediately left Nuevo Laredo for the King to See Giants and White Sox Play Tomorrow London..—King George and several members of the royal family are to he present tomorrow at the baseball game between the New York and Chicago teams. The king, who is an ardent follower of football and cricket, has never witnessed a first class baseball game. Americans In London are hopeful that the interest displayed In the game by the king will assist in converting England to baseball. . AUGUSTA. GEORGIA. WEDNESDAY AFTERNOON. FEBRUARY 25. 1914. PENNILESS GIRL GETS VERDICT OF $35,000 pit v! / MSS CATHERINE O’ROURKE. New York.—The verdict, awarding her $35,000, did not Impress Miss Catherine o'Kourke, a pretty twenty-year-old Irish girl, so 'much as the fact that she had been vindicated, when the Nassau epunty supreme court yesterday ruled In her favor in her suit against the Cunard Steamship Co The girl charged that she had been suspected of being the mother of an infant born on board the steamship Campania, during a . voyage to this country In April, 1911, and that during examinations by the ship's doctors, her health was irreparably Injured. Miss Oitourke was held in the ship’s hospital for several days. Then the real mother of the baby was found and the Uinoeent girl was released. MANTLE OF SNOW COVERS THE SOUTH Sections Invaded That Have Not Been Visited By the Fleecv in Past 15 or 20 Years —Atlantic Seaboard Under White Blanket Today FURTHER FALL PREDICTED WITH CLEARING THURSDAY Falling Temperatures General. New Orleans Mardi Gras Thermometers Hover Around Freezing Point. Minimum of 20 Degrees on Carolina Coasts. Washington.—Snow today sent Its myriad of Invaders Into sections of the South, where they have not bean seen before in fifteen or twenty years. An area of extremely cold air and with a "disturbance” over the eastern part of the Gulf oT Mexico, were re sponsible for the snowfall, the official at the weather bureau stated today. More snow was forecast in the eadt 90 GRANDCHILDREN ARE AT THE GOLDEN WEDDING, Preston, Minn.—A feature of the celebration of the sixtieth wedding anniversary of Mr. and Mrs. Michael O’Connor her today wax the presence of ninety grandehb dren of the couple. gulf and south Atlantic states tonight with clearing weather Thursday. General in Southeast. Atlanta, Ga. A general snowstorm throughout.the southeast today broke weather bureau records of twenty years’ standing. A white blanket cov ered tho Atlantic seaboard as far south as Southern Georgia, and light flurries of snow wore reported throughout the gulf states. New Or leans and Mobile had their first snow fall in more than ten years. Southern Georgia. In Southern Georgia snow reached a depth of from two to three Inches for the first time in a score of years. Columbus and Savannah, Ga., each re ported two Inches. At Macon, Ga., and neighboring cities more than three onehes had fallen before noon (Continued on page seven.) Bishop Keiley’s Sister Dies From Her Burns Richmond, Va.—Miss Ellen Kelley, age 7ft, sister of Bishop Kelley of Ha vannah and of the late Anthony M. Kelley, former mayor of RlchmonJ and later Judge t,f the international court at died this morning of burns received yesterday morning while stirring a fire In her sitting room. Live coals, she. said, fell upon the skirt of her dressing gown, and she strove In vain to remove It. A negro maid found her scmt-conscious on a blazing rug. BECKER SftYS "A LONE UIE WITH HO TURN” Convicted N. Y. Police Lieut., Granted a New Trial, Leaves Death House —First Thought Was For His Loyal Wise —16 Months in Death Cell Probably Will Never Be Tried Again and Will Alao Probably Seek Reinstatement on Force. Four Gunmen to Be Executed Some Time Next Month. New York. —Chas. Becker, former police lieutenant, convicted of Inst! paling the murder of Herman ltoseu tliiil, who lias been grunted u new trial, was visited at Sing Sing prison today Lay hla attorney, Jos. A. Shay. Tomorrow, the attorney told llecker, he expects to serve the remltur of Hie court of appeals on the prison ward. Becker then will leave the death house where he has been con fined since Hie autumn of 1912 and be returned to a cell in the Tombs here until final disposition of hi* case. Behind him In the death cells, Becker will leave the four gunmen— "Dago Frank,” t'iroflel, "Gyp tha Blood" Horowitz, Rosenberg and “Whitey” Lewis — convicted of the nrtual killing of Rosenthal and they will be executed next month unless the governor grants clemency. No probable. The opinion wdis expressed by at torneys and friends of Bocker that he would never he tried again, as the Instigator of the murder of Rosenthal, and there was alao much talk that Continued on Page Seven DEWEY SILENT IN GERMAN ROW y Von Diederichs Says He Re grets Affair Being Dragged From Oblivion. Dewey and He Friends. Baden Baden, Germany.—Admiral Von Diederichs himself admits he In formed the British naval commander in Manila Bay at the time of the Span ish-American war that he would shoot any American officer who attempted to board a German warship "to make Inquiry and establish her Identity,” In carrying out the orders of Admiral Dewey. This admission was made today In the course of a further narrative of event!- given to the Associated I’resa Are Bsst of Friends. Baden Baden, Germany.—Admiral Von Diederichs, who was cominunder of the German warships In Manila Bay at Ihe time of the Spanish-American war, today gave to the Associate! I’ress an exhaustive account of the oc currences at Manila. The German ad miral says Dewey's story contains many errors, perhaps due to defective memory or to misinformation obtained from subordinates. Me expressed re gret that the Manila, affair had been raked out of oblivion. "Admiral Dewey and I,” he said, "smoothed over our misunderstandings and differences some time ago and have since exchanged visits, letters and gifts.” Based on Reports. Washington.—A dndral Dewey re mained silent yesterday In n-gyrd to the agitation created in Germany hy the publication of Ills memoirs. He rests upon the statement made in the introduction to his work, but while, for the most part, the recital was based upon personal recollections, In the case of ail of the circumstances connected with Ihe battle of Manila Bay, his statements were based upon official reporls compiled at the time and hence unquestionably accurate. It Is believed by the admiral that a wrong Impression lias been created In Germany as to Ills comments upon the action of the German naval offi cers ftt Manila hy reason of Imperfect understanding and unduly condemn such acts from his books? In navy circles today It was point ed out that "With Dewey at Manila,” a more recent publication by ono of Dewey's staff officers, now Bear Ad miral Bradley A. Klske, aide for oper ations at Ihe navy department, de voles five pages to the German epi sode and confirms Admiral Dewey's staoment at every point, SHARKEY MUST SERVE. New York. "Tom” Sharkey, former pugilist, will have to serve out his term of thirty days In the Tombs and pay the fine of SSOO Inflicted on him for maintaining the saloon on Hast 14th street, which the court of special ses sions decided was a disorderly place. Justice Cohnlan refused today to grant a certificate of reasonable doubt to Bharkey, - DAILY AND SUNDAY. $6.00 PER YEAH. AFTER EXAMINING, BODY TO WIDOW The American Gov't, in Representations, Impresses Villa With Importance of Turning Over Benton’s Corpse Following Its Viewing By United States Army Surgeon Chairman of the House Committee Who Will Hoar Report on Speer Charges 1 1 ■l . 4Kdp9H| | f . ' i' i - HENRY D. CLAYTON HAS SHAKEN HANDS WITH ALL SINCE WM. H.HARRISON Washington.—Hobart B. Dixon of Easton, Md., RO years old. shook handa with President Wilson today and com pleted a record of huvlng personally greeted every president since William Henry Harrison. REPORTED SIO,OOO OVERDRAFT OF TELLER SETTLED BY A NOTE F. H. Boatwright, Former Paying Teller at Irish American, Said to Have Overdrawn Account SIO,OOO and Settled it With a Note. Prediction of 3 0 Cents on the Dollar to De positors is Liberal Estimate. The prediction that bus been made that the depositors of the Irish Amer ican Bank will get about 30 cents on the dollar stands and what the deposi tors are most Interested lti Is the amount of dividend, they tire going to receive. This estimate Is said to bo d liberal ono and It may be b>HH. The statement of the auditors show ed a deficit or nearly $300,000, less about $75,000 for capital Block, sur plus and undivided profits and theirs has been charged off about $75,000 for bad notes. There Is no reoorel of where the enormous defic it of the bank has gone. J. I'. Armstrong ha» re fus'd to make a statement and the matter Is- left In Ihe dark. There is an enormous amount of money gone of which, there is no rec ord whatsoever, and then In addition there are overdrafts of $173,000, one of which was the overdyift of, the In dustrial Lumber Company for $140,000 Another was one of the former paying teller, Frank H. Boatwright, for $lO,- 000. It Is understood that Boatwright settled the overdraft matter with a note. Boatwright resigned and left Augusta some, tlmo ago. Thc-ye are several thousand deposi tors or the Irish' American In Augus ta and more than half of a million dol lars was in the bank on deposit, half the amount of tlie flood protection bond Issue of 1912. IT IS AUGUSTA’S FIRST FALL OF SNOW FOR PAST TWO YEARS With over four Inches of snow on the ground late this afternoon, Au gustaiiK were confronted with a fore cast for more snow. For several hours the fall was an Inch an hour. "Snow tonight and probably Thors day. Slightly warmer, with tempera ture tonight near thirty degrees.” was the official prediction Forecaster K. D. Emlght made at 10 a. m. Indulging In Snow-Balllng. Snow-balling proved a favorite pas time In many sections of the city throughout the day. The low tem perature, however, caused an uncom fortable feeling to those who would Indulge. Nevertheless, many folks, young and old, were seen "playing" in the snow and enjoying a "rare" ENGLISHMAN’S REMAINS MUST BE DELIVERED ON AMERICAN TERRITORY Upon Character of Wounds Rests Proof of Rebel Gen eral's Version of Affair. Further Investigation By Great Britain and U. S. Will Depend on Result. Washington.—Further representa tions were made by the American government today to General Francis co Villa pointing out the Importance of giving up the body of Wm. 8. Ben ton, the Englishman recently exxecut ed at Juarez, whose death la being officially investigated by both the United States and Great Britain. Immediately upon the recedpt al word from Consul Letcher at Chihua hua, that Benton's body would be exhumed for the benefit oT Benton's widow and relatives who could visit the Cemetery with an American rep resentative, a second request went forth to Villa asking that the corpse be turned over to the widow on American territory. With Disfavor. Villa’s refusal to accede to the re quest for the body has not met wtth favor by officials here who are seek ing now to Impress upon him the Importance the world generally will attach to such a refusal. General Carranza, chief of all the Constitutionalist forces. Is expected In Juarez within a week. It Is under stood here that he will take charge Continued on Page Seven A comparison of the two statements of the Irish American, ono in Septem ber last and the other made by the auditors on Jan. 31st, shows that oil Jan. 31st, a month and a half after the bank closed, there was $200,000 mori on deposit than In September, despite the fact that there were heavy with drawals for several weeks preceding the failure of the bank. The overdraft account shows that In September there was a little over $3,000, while In January there was $173,000. There are a great many amazing things to be found In the statement of the Irish American Bank’s condition and, It Is stated, there can be no doubt about the overdrafts and tho deposits being us large as the auditors say they are and there Is no doubt about there being an enormous deficit also. Mr. Irvin Alexander, receiver of tho Irish American Hank, stated this morning ihnt as an officer of the court he deemed It the proper course to make a report to the court with reference to the report of the auditors on tho condition of tho Irish American Bank. Mr. Alexander has not yet had time himself to go carefully into tho mat ter, hut when he does he says that as a court officer he must report to tho court. Judge H. C. Hammond, of tho superior court, named Mr. Alexander as receiver of tho Irish Amoiican Bank several weeks ago. good time In Augusta. The Temperature, The temperature since early last night has been going down. At 8 p. m., it was 115 degrees; at mid night, 32 degrees (freezing); 6 a, m„ 29 degrees; 8 a. m., 27 degrees, and noon It was about at a standstill at 22 degrees. / The wind throughout the forenoon was maintaining a velocity of be tween 10 and 12 miles per hour from the northeast. The snowfall at 3 p. m., according to the V. S. weather bureau, was 4.7 Inches and falling at the rate of an Inca an hour- - ... .