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* VOL.10, NO. 56, SEMI-WEEKLy. LANCASTER, S. C., TUESDAY, APRIL 20, 1915. * _ ?' HIGHEST COURT DECIDES AGAINSTLEO M. FRANK Last Avenue of Escape Through Courts Closed to Atlanta Man. HAS ONE SLIM CHANCE. Only tlio Pardon Official* of the State Can Now Save the Convicted Man. Washington, April 19.?Leo M. j Frank, under death sentence for the j murder of Mary Phagan, an Atlanta factory girl, lost another step in his I fight for life in the supreme court of , the United States today. In a decision, to which Justices i Holmes am! llno-hee rllooonio.l court dismissed Frank's appeal from the federal court of Georgia which refused to release him on a writ of habeas corpus. Frank contended that alleged "mob violence" at his trial and the fact that he was absent from the court room when the. jury returned its verdict had removed him from the jurisdiction of the courts of Georgia. The majority opinion of the supreme court rejected all these contentions and declared Frank had enjoyed all his legal rights in the Georgia courts. 8eemingly, no other avenue of escape from the death penalty is open to Frank through tho courts. The state pardon officials might relieve him. ^.Justice Pilucy delivered tho opinion, declaring that in nil the proceedceedlngs in the courts of Georgia the fullest rights and opportunity to be heard, according to the established modes of procedure," had baf>n accorded Frank. "In the opinion of this court," dnntinno/l t Un Itmtl /?/* t . ? vv??vi?? uvu iiiv juomr, lie 1* 11UI shown tp have been doprived of any right guaranteed to him by the 1 ?th amendment or any other provisions of the constitution or laws of the United States; on the contrary, he has been convicted and is now held in custody under due process of law within the meaning of the ccnstitution." It is believed by legal authorities here that only the state pardon officials of Georgia now can save Frank from paying the death penalty for his conviction of the murder of Mary Phagan, the Atlanta factory girl. Justice Holmes delivered a dissenting opinion in which Justice Hughes concurred. The court's decision was based on an appeal from the action of the United States district court for northern Georgia in refusing to release Frank on a writ of habeas corpus. His petition for habeas corpus rested on allegations of disorder during his trial in Atlanta amounting to a mob domination and his Involuntary absence when the verdict was rot 11 i*?o^ Justice Pitney, in his decision, held that the obligation rested on the supreme court to look through tho form and "into the very heart and substance of the matter," not only in the averment in Frank's \?otition, but in the trial proceedings In the state courts themselves. "The petition contains a narrativ* of disorder, hostile manifestations and uproar." suld Justice Pitney, "which"If it stood alone and were to be taken as true, may be conceded to have been inconsistent with a fair trial and an impartial verdict. P.u consider this ns standing nlone i< take a wholly superficial view, for the narrative is coupled with otner statements from which it clearly nppears that the same allegation?-, of disorder were submitted first to the trial court and afterwards to the supremo court of Georgia as a ground for avoiding the consequences of the trial and these allegations were considered by those courts successively at times and places and under circumstances wholly apart from tho atmosphere of the trial, and free front any suggestion of mob domination or the like; the facts were examined by those courts upon evidence submitted on both sides, nnd both courts found POLITICIANS OFF FOR FEDERAL PRISON Mayor Donn M. Roberts and Party to Ride to Iveavenworth on Special Train. Indianapolis, Ind., April 17.? Mayor Donn M. Roberts, Judge Hi H. Redman and thirteen others convicted in the Terre Haute election conspiracy case and sentenced to the federal penitentiary at Leavenworth, Kans., will begin the trip to prison tomorrow in a special car. The prisoners are due to t-.rrlve at Leavenworth Monday morning. Announcement that the start for ' prison would be made tomorrow , | came late today after efforts to ob| tain bond for Mayor Roberts and the others had failed. Roberts, agains* vlinm the Terre Haute council had [ voted to bring impeachment proI ceeding8, was honeful until the lnsr that he would not have to moke the trip. He was sentenced to six years i in prison and fined $2.ono. Tito men were sentenced last Monday, hut were permitted to remain in jail here pending efforts to give j bonds, wh'ch Federal Judge Anderson fixed at $10,000 for each year of their terms. William Davern, defence witness , n trie elect on case, who was order- j ed held to the federal grand jury un- i der $5,000 bond on a charge of per- j jury, after obtaining bond late today j confessed that practically everything l.e told on the witness stand was un- | true, according to United States Dts- ! trict Attorney Dailey. COL. A. 11. ANDREWS DEAD. I First Vice President of Southern Railway Passes Away. Raleigh, N>. C., April 17.?Col. A. R. Andrews, first vice president of the Southern Railway, died here tonight after a brief illness. He was I 74 years old. Col. Andrews was stricken last night with an acute attack of pneumonia and today his condition was regarded as serious. The funeral will be held in Raleigh, probably Monday afternoon. Col. Andrews was born in Franklin county, North Carolina, July 23. 1811 Mo ontoro.l tlio / <?., army as second lieutenant, 1st North Carolina cavalry; was wounded twice and was a captain at the close of the war. After the war he engaged in railroad work. He held official positions with a number of railroads in this state and Georgia, in 1892 going to the Richmond & Danville Railroad as third vice president. Later he became second vice I4 president, being finally made general agent of the receivers. He was elect- ! ed first vice president of the Southern Railway in 1895. He also was i president of a number of smaller roads owned by the Southern. His greatest constructive work in North | Carolina was the bulMing of the Western North Carolina Railroad about 1878. imriD HILLS HOMK. Asa G. Candler of Atlanta Plans Beautiful Residence. Atlanta, April 19.?Asa G. Candler, head of the vast Candler fortunes, is preparing to erect a handsome home in Druid Hills. For years I pant ho has lived in the Inman Park ] residence section, but last week he ! made a deal in which he traded his i present home to C. W. McClure, who was, by the way, the Bull Moose candidate for the United States senate against Hoke Smith last Movent her. While Mr. Candler will erect a typical Druid Hills home, in keeping 'with the muHt beautiful and modern residential park in the South, it is , not believed that he contemplates I building a tremendously extravagant mstie. Spain Wants German Goods. Madrid, -April 17.?A commission ! of Spanish textile manufacturers has asked the government to request the belligerents to permit entry into Spain of "German merchandist shipped prior to blockade decree of the allies, but stopped at Genoa." These articles were paid for in ad vance and nre the property of Spanish merchants. Frank's allegations to be groundless except w ith respect to a few matters I of irregularity not harmful to the j defendant. MRS. ROCKEFELLER I REMEMBERED MANY Two Millions of Her Estate Be- I queathed to Charity. WILL WAS FILED FRIDAY, c Half Million Dollars and Valuable y Jewelry to Friends and Relatives. Mo?i. Vrt.t. ? ... i*|JlU II. in? Will OI I the lute Mrs. John I). Rockefeller, ' filed today, leaves about $500,000 and valuable articles of jewelry to v friends and relatives and bequeaths the rest of her estate, which is estimated In r. 11 at about $2,000,000, to o charitable inst itutions. The charitable bequests are to be () distributed at the discretion of her ? executors, who are her husband, her , son, John D. Rockefeller, Jr., and s her daughter, Mrs. E. Parmalee a Prentice. John 1). Rockefeller, Jr., Mrs. (j Prentice and Mrs. Harold F. McCor- v mick, another daughter, are given v $100,000 each; Miss Lucy M. Spel- j, mail, a sister, $50,000, and Margaret q Strong, a grand-daughter and daugh- ,, ter of Bessie Rockefeller Strong, de- j, ceased, $100,000 in trust until she shall arrive at the age of 35. r A sum sudicieut to produce a net ( annual income of $1,000 is left to ^ Mrs. Rockefeller's friend, Caroline P. Sked. CHARITABLE INSTITUTIONS. Charitable institutions named as beneficiaries of the residuary estnt: are the Euclid Avenue Baptist ( church of Cleveland, Ohio; the Bap- t fist Home of Northern Ohio, Wo- ^ men's Baptist Home Missionary Society, Women's Baptist Foreign Missionary Society, Spelman Seminary, Atlanta, Ca., and the Bureau of So- | cial Hygiene. The said trustees may give to each J' of said institutions so much of the t _ property as they shall see fit, the will 'J reads, "and shall have the right to i v exclude any one or more of said institutions absolutely. They shall ^ have the power to specify as to each ^ institution to which the property shall be given whether it shall be ^ used for current expenses, for build- 1 j ings, for endowments, or for any other of the charitiable corporate t purposes of said institutions. Any , portion of the fund which shall not Jie used for the foregoing objects, ^ the said trustees may apply to such charitable corporations as they may j P select, and in such sums respectively ^ as they may deem proper." JEWELS TO RELATIVES. With the exception of a few be- r quests to friends, the will gives Mrs. v Rockefeller's jewels to relatives. , f To 4?hn D. Rockefeller is left a v ruby and diamond ring. John I). Rockefeller, Jr., inherits his moth-: er's wedding ring and an emerald -I end*diamond ring. Her daughters, daughter-in-law, sister, granddaughters and nieces also are re- ^ membered with gifts of jewels. EDITOR OLIVER RETIRES. * Severs Conner!ion With The Georgetown Times. a Georgetown Special to Charleston 1 r News and Courier, April 17.?A H change in the editorial management | ' of. The Georgetown- Times Is an- ' nounced. Hugh L. Oliver retires ' editor and severs all connection with l 1 the paper. Mr. Oliver has been edi- s tor and part owner since the rotir-' v ment of the late L. A. Beaty. He ha 8 given the paper his best talent, and 8 lias made it a live, readable pHper f For years ho has been doing news- v paper work, having represented Tin News ami Courier in this city for n 1 long period. Mr. Olive- retires be- ' 8 cause of other pressing business in- i torests. His successor has not been 8 named. Temporarily The Times will 1 be edited by R. C. Davis, publisher. v f Drastic Steps by Italy. Milan, via Carls. April* 17.?Italy is taking drastic steps to prevent trade in contraband with Austria, according to the Secolo, which says l 500 persons wore arrested Friday \ while attemp'lng to smuggle flour, c rlee and spaghetti across the Iron | Her. , ( i HHT1SH SUBMARINE 1 LOST IN MINE FIELD loat Runs Aground and Crew is v Captured by Turks. t] r iUIET IN CARPATHIANS, v (1 ti lustrians Keport That They Have ( Hepulsed Husslan Attacks South- a east of litipkou Pass. ? London. April 18.?The British, s an offset to their success in detroviiig ji Turkish torpedo boat ' rhlch attacked the transport Mani- ? nil off Chios yesterday, lost ^ie sub- ? larino E-15 which while carrying 1 lit a difficult riii>nmioloe.ii.nn 1 *? - ' lardanelles mine field, ran aground '' 11 Kephez Point, the crew being " lade prisoners. According to the Turkish report even of the Turkish submarine crow re missing. In Egypt British airmen have ia roppod bombs near the border ' .hile a French cruiser, the fire of ? ihich was directed by a seaplane, ' J ins been throwing shells on the i \ "arks near El Arish, where the ' rmy for the invasion of Egypt has ! * ts headquarters. f These operations were undertaken R ire8umably to harass the Turks as he Turks have not shown an intenion of attacking the British since heir last repulse along the canal. s In the Carpathians there has been ighting but no battles to be compar- J <1 with those which the arrival of j tpring brought to a close. The Aus- 1 rians report that they have repulsed lussian attacks southeast of I-up;ow pass, inflicting heavy losses on heir adversaries, but elsewhere] omparative calm prevails. The French again have been ac- J ive in the Vosges, capturing an im- i ,v> >ortant height near Metzeral. Tli" ' iritish, too, have attacked the tier- ' nans in the neighborhood of Ypres, n .here fighting was still in progress 1 . hen the last report was dispatched. r It again is stated that German ef- 1} orts to bring about an accord beween Austria and Italy have failed, l) report which, if confirmed, is like y to magnify in the eyer of the ( talians the frontier incident which w ccurred yesterday. According to I n he latest reports, the Austrians, who 1 H verc passing over Italian territory. | n .ctually fired upon Italian troops, g i'ho repused them, and in return H lenetrated into Austrian territory. K The sinking of the Greek steamer fi ?ilisponto8 by a submarine off the E )utch coast is likely to bring about t riction between the Greek and Ger- E nan governments. The Ellispontos c ^as destroyed while on a voyage o rom Ymulden, Holland, to Monte'ideo in ballast. b I DECISION AGAINST HARRY K. THAW; lt t iew York Supreme Court Hulex That n State May Send Troublesome J (jlllVUt (n \1 uMoateu ? n New York, April 17.?Horry Ken- 1 la.ll Thaw was ordered back to the a tate hospital for the criminal in- t inne at Matteawan yesterday by the t appellate division of the New York i uipreme court. In an opinion con- 1 \ urred in by all the justices, the xiurt affirmed the denial by Supreme , 'ourt Justice Puge of a motion to re- ' ,, urn Thaw to the jurisdiction of t'.;e , ,tale ot Now Hampshire whence he ( van extradited to stand trial for con piruiK to escape from Matteawan ind ruled that the original orde ommltting him to the Institution , ^as still valid. s Plans c being formulated to , ake the case to the state court of 0 ppeals. A decision adverse to Thaw cam is a great surprise to his counsel ( The order carried with it the proislon that Thaw could not he taken rom New York county until five ( lays have elapsed. ' c KnUto m I 12,1900,000. o London, April 17.?The estate of 1 he late llnron Rothchlld was pro ft risionnily sworn for probate yester- e lay at 2..100,000 pounds sterling , s [912,500,000). All of It goes to the I t amlly. j i !> J 11alt 11 i 1 ). A. ES. STILL IN A FIGHTING MOOD 'resident Wilson Addresses TwentyFourth Annua! Congress of Daughters. Washington, April 19.?President Wilson's address here today opening he 24th annual congress of the aughters of the American Revoluion and the annual message of Mrs. ^m. C. Storey of "New York, presient-general, shared interest among he delegates with the contest heween rival candidates for election s president-general. The contest ver offices will reach its climax with he election on Wednesday. All the officers are to be filled in he biennial election this ve:ir hut verah ad owing interest is the contest ver 'lie election of a president-genral. The congress this year, as was he ease two years ago, apparently is ivided into two factions?one suporting Mrs. Storey and the other Irs. George Thatcher Guernsey, of Kansas Delegates were astir early rxlay awaiting the opening of the ongress. Approximately five tliousnd delegates from all parts of the ountry were in attendance. The list f speakers today included Jules usserand, the French ambassador: ohn Barrett, director general of the 'an-American Union; Mrs. John lays Hammond and Rogers Ballard 'hurston, president of the Sons of he American Revolution, which orani/.ation also is meeting here. Numerous receptions were held oday in honor of the candidates and tate officers. rURY COMPLETE IN ROOSEVELT SUIT "lie Colonel and Mr. Barnes Do Not See Knell Other as Trial Progresses. Syracuse, \\ Y.. April 10. The ury which will try William Barnes' aO.OOO suit for alleged libel, against 'heodore Roosevelt was completed 1 the supreme court here today, it omprises seven Republicans, three Togressives and two Democrats, wenty-two talesmen were examined efore both sides announced they ere satisfied with the 12 men in the ox. The jurymen are: Henry Iloag, clerk, Republican, foreman); Irving J. Mills, woodorker, Republican; Walter J. Zuill, lanager. Republican; Franklin S. Lhoades, farmer. Progressive; Leoar<l K. Hungerford, painter, Proressive; F. W. Pierce, carpenter, tepublican; Warren H. Somers, rocer, Republican; Ray Tanner, arm hand. Democrat; John W. Irown, farmer. Republican; George ioschert, manufacturer, Progressivehlward Burns, motorman, Republian; Peter Bencke, coal dealer, Demcrat. Immediately after the jury had ieen completed, counsel for Colonel toosevelt made a motion to dismiss he complaint against their client on he ground that allegations made in he statement on which the suit is ased were privileged and that In laming Mr. Barnes and Charles F. Jurphy as the controllers of "rotten lovernment" in the state of New fork, he did not mean anything peronal or to imply that either of the wo men named had in any way ?rotited by the alleged "rottenness." The motion was denied by Justice Yilliam S. Andrews. Actual taking of testimony v.lli egin tomorrow. The first witnesses: l ilt lw. ,w,^? - . ... w m ?> o|ia|iCl IIItfH H) WTlOIH 'olonel Roosevelt issued the scatenent. (>?hor reporters who have in orvlewed Colonel Roosevelt in tin usi five years also will he called ano diotograplis of marly ?t hundred lewspapers In which alleged libelous tatenients, claimed to have been uade by Colonel Roosevelt, appear d will he presented in evident", it ins said. The testimony will be i:<ued verbally and in writing by 'olonel Roosevelt, Counsel for Mr. Barnes said tolight that they would make an effort O show that Colonel Roosevelt bean to make statements which they on.sidor libelous during the Syra use convention of lulu. The lames attorneys said further that ome of the reporters would be calld on to testify regarding verba! tatamenta colopal Rooforalt nrj^ o them in amplification of written it ate men ts ha.had prf pared. - - -im - ? PRESIDENT URGES NEED ^CALMNESS Self-Possession the Supreme Test of a Nation's Mettle. ADDRESS TO DAUGHTERS. Mr. Wilson I'rgcs Congress of Daughters to Hally to the Cause of Kightcoiisness. Washington, April 19.?The need I of self-possession, calmness and a ! judicial temperament by the United I States in the Iirmiont ~ ? urged today by President Wilson in a speech before the opening session of the twenty-fourth Continental Congress of the Daughters of the \ titer; can Revolution. The President said self-possession was the supreme test of a nation's ! mettle, and urged the congress to rally to the cause of righteousness, j as ministered by those who hold their minds quiet and judge upon | principle. Following the President's speech Ambassador Jusserand of France told the congre. s that the United States had behaved in the European crisis so as to command the gratitude and thankfulness of the world. "We in France," he said, "have learned to know what the American i heart is made of?the pure American gold that is in it. I am glad that I may affirm the thanks of ; France for the generosity of America?the neutral United States." The ambassador said the "chief question in the European struggle," was the same problem that confronted America in revolutionary imes. "We thought we had solved he problem of human liberty," he said. "But it again confronts us. It vill be solved now just as it was solved in former times, as it was solved in the trenches at Yorktown." The President, in his speech, declared that he could speak only in general terms and that it was "indiscreet" for him to speak even in that way. John Hays Hammond, R. C. B. Thurston, president-general of the Sons of the Revolution, and John i FVrrett, director-general of the PanAmerican Union, al^o spoke today. The routine organization of the congress was completed today and I the rival followers of the two candij dates for president-general were preI paring for the election Wednesday. Mrs. William Gumming Storey, candidate for re-election, will be opposed by Mrs. George Thacher Guernsey I of Kansas City. liOl'GHMAN RECOVERS. Diver Saved After S|wnding Four Hours 1'nder Water. Honolulu, April 18.?Though weak from exhaustion and nervous strain, William P. Loughman, a diver, engaged in the work of raising the submarine F-4, who was forced to remain for four hours under water yesterday at a depth of 22# feet. I day. After Loughman was brought , to the surface he collapsed. Loughman reported today that three lines were well fastened to the F-4, sufficient, he thought, to warrant the beginning of work of hauljfn* li?>r i n i/\ Roar Admiral Moore cabled (ho navy department tonight the n'ws of Loughman's rt lease. Heroic offorts lasting four hours by com dos who wont to his nyistaere saved the diver. M\l.('OI.M \VILL!\>IHO\ SPEAKS. Lanca-dcr lloy jn Final ? o?tc-d at Prcsbvterian College*. Special to The News. Clinton, April 17.? The third annual high school oratorical contest was held at the Presbyterian College of South Carolina April 16. Twentynine speakers were present to represent their respective schools. Of ' this number ten were selected to compete in the final contest. Among 1 this number^? ? Mr. Malcolm Wili linn*" fr. A. C. Williamson, Ive of the Lancaster >' ./3^ Although ho did not t *y%e rendered a most exrcv**?.i( declamation and did credit to himself, his school and his town. - *?.