The herald and news. (Newberry S.C.) 1903-1937, August 29, 1913, Page SIX, Image 6
I FRANK IS CONVICTED
OF MURDERING GIRL
FOUND GUILTY OF MURDER OF
MARY PHAGAN.
People Outside Court Go Wild.
Doomed Man Shows No Signs
of Emotion.
Atlanta, G-a., Aug. 25.?iLeo. M.
Frank, convicted late today of the
murder of 14-year-old Mary Phagan,
showed no signs of emotion early tonight
when informed that he had been
found guilty. The factory superintendent's
wife, with him when the
message was delivered, collapsed.
More than an hour before Frank
was notified, the jury's verdict of
murder in the first degree was received
with a noisy demonstration by
a crowd estimated at more tnan 2,000
persons that jammed the street.
All spectators were excluded from-the
court room before the verdict was
announced. By agreement of counsel
the prisoner was permitted to remain
in his cell at the county jail.
Only lawyers, court officials and
newspaper men heard the verdict
rendered.
Less Than Four Hours.
After listening to the nresentation
of evidence and argument of counsel
Jor more than four weeks, the jury
retired at 12.47 o'clock this afternoon,
when Judge Roan concluded
his charge. Shortly after 4 o'clock it
was announced that a verdict had
been reached, but it was nearly 5
o'clock before the jury returned to
the court room.
At 4.56 o'clock Foreman Winburne
read tne verdict. it contained no recommendation
for clemency. As the'
r.ews was flashed to the crowd outside
there was loud cheering. Mounted
policemen rode through the crowd
to disperse it, but the .demonstration
continued unabated.
Solicitor Hugh Dorsey, who con- j
ducted the prosecution, was the first >
person to leave the court room. As i
he stepped into the street he was
lifted to the shoulders of several men i
J - ?' 3 ? i.1 1 AA -C i.
cuiu uarrieu lor more man ivu leet
turough the shouting throng.
Defers Sentence.
On account of the demonstration
Judge Roan announced that he would \
net sentence the prisoner until to- j
morrow, possibly later. The judge j
also was cheered when 'he left the j
court room.
Counsel for the defendant tonight
announced that a motion for a newtrial
would be niade immediately.
T...1 ?? 1 nrt
u uuge s l uargt? ? ers>e.
Judge L. S. Roan's charge to the '
jury, delivered today immediately after
he had overruled a motion of the
defense for a mistrial, was terse and j
direct. With reference to "reason- ;
able doubt," he said:
"You are not compelled to find from
the evidence his'guilt beyond any
doubt, but beyond a reasonable doubt, I
such a doubt as grows out of the evi- \
dence or the want of evidence; such
a doubt as a reasonable and impartial
man would entertain about mat- i
ters of the highest importance to
himself, and after all reasonable efforts
to ascertain the truth. This!
does not mean a fanciful doubt, one
conjured up by the jury."
During the trial much stress
was placed by both sides on the question
of Frank's character. Judge
Roan charged the jury that while evidence
of the defendant's good reputation
previous to the death of Mary
Phagan was to be considered possibly
as creating a doubt of his guilt, such
evidence would not suffice to clear
him if in the opinion of the jury other
testimony was sufficient to show
that he had committed the crime
charged against him.
The reading of the charge required
about 20 minutes.
Frank asserted tonight to friends
who visited in his cell: "I am as innocent
now as I was a year ago." His
appearance and general demeanor re- J
mained a^ impassive as througnout
the trial.
Rabbi David Marx tonight was
auoted as saying: "I am stunned. I
can not believe it. I know he is innocent?I
know he is incapable of
such a crime. I ask the public to suspend
final judgment until an appeal
for a new trial is made."
Mary Phagan's body, bearing
marks of violence, was found in the
basement of the National Pencil factory
early Sunday morning, April 27.
fhe girl previously had been employed
at the factory and had gone there
at noon, April 26, for her wages. Near
her body were found two notes, one
with accusations against a "long,
black negro."
-\ewt i.,ee, negro mgiu waicumau ui
the factory, who found the body, immediately
was arrested on suspicion.
Superintendent Frank and several
others connected with the plant were
detained several days later. Among
these "was James Conley, negro
sweeper.
, After an exhaustive coroner's :.n
(
vestigation, Frank and Lee were
b~r.nd over to the grand jury. Frank
was indicted for murder May 24.. Lee
still is in jail, as is the sweeper,
Con ley.
Frank's trial began July 28. The
State built a basis of circumstantial
evidence and then called James Conley
to the stand to give the only direct
testimony against the defendant.
Conley swore he had stood guard outside
the factory office while Frank
was closeted with the pretty 14-yearold
girl and that later he helped I
Frank carrv the bodv to the base-!
jment. The negro also told a story of
other alleged incidents at the factory
office, charging the defendant with
degeneracy. The prisoner's attorneys
attacked Conley's veracity by attempting
to prove an alibi for their
: client, and by producing three pre|
vious affidavits in which the negro \
; told widely varying stories of the
| crime.
Late in ths trial the defendant took
I the stand, making a statement of gen:
eral denial. He said he paid Mary
; Phagan her wages on the day she
disappeared, and that she left the ofj
fice immediately.
CHAMxJfciS LlKKJ^Ll 151JL Lt.
Agricultural Payer, Under Amendment
Unanimously Accepted by
Caucus.
I
Washington, Aug. 25.?An agi-icul;
tural curiency amendment to The I
administration currency bill was i
I adopted by the bouse Democratic cau- j
, cus today. After several preliminary :
! skirmishes, in which other amend- j
i ments were beaten, the caucus with- j
j out a dissenting vote adopted an
i amendment, sponsored both by the
. "insurgent'' contingent and banking I
ana currency committee, to put payer ;
based on agricultural products on
the same basis as commercial paper
for banking purposes.
It also would extend the maturity !
of notes and bills admitted to discount
under the amendment of 90
days, instead of the originally pro- i
posed 45 days. This action disposed
of the last of the big controversial j
issues in the administration currency'
bill.
The Amendment.
Tue amendment reads:
"Upon the indorsement of any
member bank, any federal reserve
bank may discount notes and bills
of exchange arising out of commercial
transactions; that is, notes and <
bills of exchange issued or drawn
for ^rinnlanraL industrial or com-1
" - ' I
mercial purposes or the proceeds of
which have been used or may be j
used for such purposes, the federal j
reserve board to have the right to I
determine or define the character of i
the paper thus eligible for discount,}
within the meaning of this act. But [
such definition shall not include notes !
? 1
or bills issued or drawn for the purpose
of carrying or trading in stocks,
bonds or other investments, securities.
nor shall anything herein con
tained be construed to prohibit such
notes and bills of exchange, secured i
by staple agricultural products or j
other goods, wares or merchandise'
from being eligible for such discount.
1 "Notes and bills admitted to discount
under the terms of this paragraph
must have a maturity of not
more than 90 days."
>'o Discriminations.
Chairman Glass tonight said the |
amendment did not discriminate eith- '
er for or against the farmer; that the '
New Endgland shoe manufacturer or '
clothing maker could present his
goods for discount as much as the
i
farmer could and, in the final analysis
"the whole thing is left to the federal
reserve board or the regional reserve
bank which does the discounting."
The caucus defeated an amendment
to exclude from rediscounting
I
at federal reserve banks notes or i
bills intended for dealing in futures
or for mai0'inal trading in agricultural
products.
Frank Sentenced to the Gallows, i
iAtlanta, Ga., Aug. 26.?tLeo M. j
CAnfonnQ/1 f A rl^otVl
'laufc ivuaj n ao o^.ui.^uvbu iu
^ for the murder of Mary Phagan.
[Judge Roan fixed October 10 as the
date for the execution. Attorneys for
| the convicted factory superintendent
I immediately made a motion for a new
l trial and October 4 was announced as |
! the date for this hearing. This ren- I
, ders it certain that Frank will not be |
'
ihanged October 10, since, even if the!
motion should be overruled, it would j
j require considerable time for the apj
peal to go through the higher courts.
; After sentencing Frank, the court
_
! ordered Xewt Lee, negro night watch-1
j man at the factory, of which Frank j
i was superintendent, to be set at lib- !
I ertv. Lee had been in custodv since !
! April 27.
James Conley, the negro "Who confessed
to having aided Frank dispose j
of Mary Phagan's body, still is in jail. ;
It is believed that upon his indict- j
ment as accessorv, he will enter a
plea of guilty and be given a term of i
| less than three years in the peniten-j
MILLION AND A HALF
FOR SOUTH CAROLINA
THAT IS THIS STATE'S SHARE OF
DEPOSITS FOR MOVING CROP.
Columbia to Get About One-Third.
The Bants Selected.
Washington, Aug. 25.?While the
treasury department would give out
no information today regarding the
crop moving money going to different
South Carolina banks, the State's
correspondent was able to ascertain
that Charleston will get $500,000 and
the share of that city will be divided
among the following banks: Peoples'
National bank, $175,000; Bank of
Charleston, $175,000, and the First
National, $150,000.
Columbia it is learned will get
about $400,000 and as fan as could be
ascertained this amount will be divided
between the three following
banks: Carolina National, National
L,oan and Exchange and tie Palmetto
National.
Greenville and Spartant urg, it was
also learned, will each receive $300,000
and this fund by agreement will
be equally distributed among all the
national banks of those two places
which want it.
When the treasury department officials
were asked by the State's correspondent
if these amounts were
correct, it was stated that for the
present it was not desired that any
figures be printed and therefore nothing
of confirmatory nature so far as
the officials' named are concerned,
could be had, but the information
here given was secured from those
on the inside and is believed to be
approximately correct, except that
the total amount going to Columbia j
may be slightly more than hefre given. I
It is considered that $300,000 for |
Greenville and Spartanburg is a good |
sized amount when it is considered
{
that Charleston gets only $500,000
but the two first named places were
placed prominently before Secretary
McAdoo. i
This information is believed to be j
as nearly correct as it is possible to !
secure it at this time, but not being |
secured from official sources it is I
given subject to changes by the treas-1
ury department hereafter.
Three Asked For Deposits.
Columbia, Aug. 25.?Only the three
Columbia banks mentioned in the
foregoing dispatch have made application
for federal deposits under the
recent offer of Secretary McAdoo.
Joseph Norwood, president of the
Union National bank, said: "We have
not applied for any of these funds, i
However, we will probably put in our,
application tomorrow, if not too late." i
John T. Melton, cashier of the National
State bank, said: "We have not
asked for any federal deposits, we
may do so later."
Neither the Columbia Clearing'
House association nor any of the Columbia
banks has been informed by
the treasury department as to the;
allotment of deposits which is to be
made to this banking community. The
Clearing House association has appointed
a committee of five persons?
Joseph Norwood, G. M. Berry, W. A.
Clark, Wilie Jones and B. F. Taylor j
?to pass on the collateral which may 1
be submitted as security for federal
deposits; and the treasury depart-!
ment has designated Wm. H. Lyles of j
the Columbia bar to act as its representative
in connection with the work
of this committee. So far no securities
have been submitted to the committee
the banks interested in Secretary
McAdoo's offer having elected to wait j
until the amount which might be
available for distribution in this community
should be known.
Mrs. Brown?Mrs. Jones has the
worst habit!
Mr. Brown?What is it, dear?
Mrs. Brown?She turns around and
looks back every time we pass on the
street.
Mr. Brown?How do you know she
tiary.
When Frank was brought into court
this morning he reaffirmed to the
judge his protestation of innoncence.
He heard his sentence pronounced
without displaying the least emotion.
Only a few persons were present..
Frank's wife was hurrying to the
court room but did not arrive until
after the prisoner was being taken
back to the jail. She followed him
to his cell, where she threw her arms
. 1% ^ C ^ M /] "rt 1 m T? An Ar? f A/^ 1
auuui 111 ill U.11U iyisscu mm i cpcaicuij.
Attorneys for Frank in their motion
for a new trial set fonh that the
verdict was contrary to the evidence;
that it was contrary to the law; and
that the court, after overrulng motions
of the defense allowed certain !
testimony which was relative to other !
crimes not mentioned in the bill of j
indictment. It is supposed that the ,
latter claim refers to evidence of j
Frank's moraj degeneracy.
Low Round-Trip Rates
Open to the Public
Will be Made for the Following
Special Occasions:'
VIA THE
ATLANTIC
COAST INF
Standard R. R. of the South I
Baltimore, Md.
Biennial session, supreme lodge, I
Knights of Pythias (colored), Au- 1
gust 25-30. Dates of sales, August j
22, 23, 24. Final limit, September 4, |
1913. Fares apply from all stations.
Cincinnati, Ohio.
National Association of Retail
Druggists, August 23-27, 1913. Dates
of sale August 22, 23, 25. Final limit,
September 1, 1913. Fares to apply
from all stations.
St. PaulOIinneapolis, 3Iinu.
Sovereign Grand Lodge, I. 0. 0. F.,
September 15-20. Dates of sale, September
11, 12, 13. Final limit, September
30, 1913. Fares apply from all
stations.
Philadelphia, Pa.
Emancipation Proclamation exposition
(colored), September 1-?1 Dates
of sale, August 30 and September 15.
Final limit, ten days after -date of
sale. Fares apply from all stations.
Nashville, Tenn.
1- TV
INaiiUIlCli .DcipUSL tUUVCUUUU
ored), September 17-23. Dates of sale
September 14, 15, 16. Final limit,
September 26, 1913. Fares apply from
all stations.
Chattanooga, Teim,
Annual encampment, Grand Army
of the Republic and Allied Organizations,
September 15-20. Dates of
sale, September 12 to 19, inclusiove.
Final limit, September 27, 1913, except
that by deposit of ticket and
? <"> <"? -?* ?-vF + ~ on OVtonOlfMI 11 T1 -
ui fjv uu
til October 17 may be obtained. Fares
apply from all stations.
Sew Orleans, La.
Grand Dealers National association,
October 14-16. Dates of sale, October
14-16. Dates of sale, October 11,
12, 13. Final limit, October 18, 1913,
except by deposit of ticket and payment
of $1.00 an extension until November
8 may be obtained. Fares apply
from all stations.
Tulsa, Okla.
International Dry-Farming Congress
and International Soil Products
exposition, October 22-November 1.
nf j-fllo Ar>Tor 18 *19, 20. 21.
JL'd LC O UJL OAiW vw vw wvi ? v j ? ?- j ? ~j
Final limit, November 6, 1913. Fares
apply from all stations.
ftashville, Tenn.
Southern Educational convention,
October 30-Novebmer 1. Dates of
sale, October 28, 29. Final limit, November
5, 1913. Fares apply from all
stations.
Kiioxvillc, Tenn,
National Conversation exposition,
September 1-November 1. Dates of
sale, August 30 to November 1, inclusive.
Final limit: To reach original
starting point ten days after date
of sale, except that by deposit of
ticket and payment of $1.00 a 30-day I
extension may be obtained, but in no
case beyond November 3, 1913. Fares
apply from all stations.
>*ew Orleans, La.
United Daughters of the uonieaeracy,
November 11-15. Dates of sale,
November 8, 9, 10, 11. Final limit,
November 19, 1913, except that by deposit
of ticket and payment of $1.00
an extension until December 6 may
be obtained. Fares atfply from all
stations.
Augusta, Ga.
Georgia-Carolina Fair, November
1-15. Dates of sale, November 5 to
14, inclusive, and for trains scheduled
to arrive Augusta before noon November
15. Final limit November 17,
1913. Fares apply from points in
4-V* o in o
OUUlii Vjaiunuui
Augnsta, Ga.
Negro Fair association, November 1
18-21. Dates of sale, November 17 to
20, inclusive, and for trains scheduled J
to arrive Augusta before noon November
21. Final limit November 23,
1913. Fares apply from points in Q
South Carolina. T
For rates, schedules,' reservations
and any further information apply to n
Ticket Agents of the J
ATLANTIC"
COAST LINE 8
Standard R. R. of the South
or write the undersigned,
J. CRAG,
Passenger Traffic Manager _
F
T. C. 1VHITE,
d
General Passenger Agent,
WILMINGTON. X. C.
$5.C
RAZC
for $1
We have 30 Cross Cu
$5.00 each, to introdu<
??. d sn ?
Ia.ivx*?JU catu.
Its a Saf
It gives the same strol
lar razor.
It is Guar
Gilder &
The Rexall Dri
I Buy a Mechani
?ANY a winter dz
> Myjy labor has the av
JjP&F stooping over 1
flfftl}) zr-r-p, zr-r-ping
" i tough wood for
supply. But the wise one
They have a handy engine t
4.1 f^r- +
|ii.ic_y icat cliiu piati iui
That engine is about th
convenient machine the w
farm. It pumps water for
rat or, washing machine,
sheller, and grindstone. C
press, ensilage cutter, sm
repair shop. The year rc
him, saving the man's strer
itable things. And the wis
I H C 03 and
because it does most for hir
simplicity renders it almost
construction makes it easy i
I ate, and it is mosr economic
" , tion. It is made of best i
necessary it will deliver 101
its rated horse power. I
for the engine lasts all the y
I H C engines are made
cal and horizontal, portafc
skidded, air and water o
pumping, sawing and spra]
from 1 to 50-horse power,
gasoline, naphtha, distilla
? i r\*i M . i s ?
alconoi. un iraciors, o-.
power for plowing, threshii
The I H C local dealer
engines and tell you all aboi
logues from him, or write t
International Harvester G
(Incorporate
ae Columbia
IT - . al
Notice to tr
I am now prepared to repa
iasoline Engines of all makes, s
)avis, an expert Gas Engine ma
iearly everything from a Jew's E
Sring us your broken Sewing 1
iicycles, Clocks, or any old thing
irst class order. Prices reas
;naranteed on all work.
Respectful
I M SWI
GENERAL KEI
Sales Agent for the best Gasoli
'apec Ensilage Cutters, Grist Mills
nd Iron Fence.
910 West Main St.
#
x
)RS 1
50 1
it Razors worth Q
:e in Newberry
I
Sj
:e as the reguanteed
Weeks
f
ig Store
) - ^|H
^TTrnfi TT7 '""I "TWI
cal Drudge 1 V
ty of back breaking
rerage farmer spent 8 J
:he old buck saw, g fl
; its way through ||
the kitchen stove P
s don't do it now.
o run the saw, while
summer's work.
e busiest and most
ise man has on his m M
him, runs the sepa- jf
feed grinder, corn g
)fien it runs a hay
tall thresher, or a * U
>und it drudges for
igth for more prof- ra
;est man has an |H
Gas Engine I
n at least cost. Its J
trouble-proof. Its W
:o start and to oper- I *
:al in fuel consumpmaterial,
and when i J
:o 30 per cent above I AI
^ E H
n o responsiunuy
ears it is in service.
in all styles?verti- JjH
>le, stationary and
ooled. There ^are W
^ing outfits. Sizes wM
to operate on gas, ?i)
te, 'kerosene, and 9
L2 to 30-60-horse
i g, etc. M
will show you the ffl
at them. Get cata- fll
omoany of America | J
le Publj^H
ir your MotorcycftJ
is I have Mr. Wail
n, with me. We 9
[arp up to an Autonj
Machines, Guns, 9
r qrif! we will nun
3 y - X M
onabie, and satisfS
ndlerH
'AIRER. SB
ne Engines, Indiana Silofl
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Newberry, S. C. ^SgB
m