*
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.
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