Historical Newspapers of South Carolina

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. ?y... Intelligencef NEW SERIES, VOL. 1, NO. ?. W??kly. l?tobU??e* 18?; Dal?* Jan. 18, !'./.<. _'_ ?_._ _ ANDERSON, S. C., MORNING, MA\32, 1914. PRICE $1.50 THE YEAR, FRANK'S LAST HOPE I RUSTSJ^GLEMENGY ONLY PARDON FROM STATE OFFICIALS CAN SAVE HIS LIFE HIGHEST COURT DENIES HIM WRIT __ ' Seven Justices Concur In Opinion ] Hint He Had Fair Trial In I Georgia Court. WASHINGTON. April 1?.-Tho su premo court held that thc State of j Georgia denied' Leo M. Frank no right under the federal constitution in sen tencing him to death for the murder of Mary Phagan. The court affirmed thc action of tho federal court , of the j northern district of Georgia, which refused to release Frank on a writ of. habeas corpus. Justice Pitney an- I co.meed the decision. Justice Holmes delivered a dissenting opinion in ( which Justice Hughes concurred. j It is believed here the decision ex- 1 liausts all means of court fighting to, saver* Frank's life. His. attorneys will have thirty days in which to file ap plication for a rehearing! Thereafter the prisoner's only hope, apparently, ia the possibility of executice clem ency. A majority of the court held the Unding by the Georgia supreme court that alleged "mob dominance" amounted to nothing more than irre guluritiea wcru not prejudicial to1 Frank, and should not be disturbed ' upon the prisoner's mere assertion that the facts were - otherwise' than found. The. dissenting justice held that the cape should be Bent back to the district court for the taking of ? evidence on the petition They said they weron't Impressed with the argu- j . ment that r the prisoner's presence I when the verdict was rendered by the I constitution. JusUco Holmes de clared that losa of jurisdiction by trial" ?sase, ciel?ra^bey^UA^d by 'any] decision of a higher court and de-1 dined to accept the findings of the Georgia court ss conclusive. He said it the allegations in Frank's pe- j titlon for habeas corpus were true,! sad the facts were before the Georgia | court, that court sanctioned the Blt-. usti?n upon which the federal court' should act If the'tacts were not be" tote the Georgia...supreme court, he added it was-the duty of the officials of the court to declaro lynch of as little value "when practiced by a reg ularly drawn jqry, as when admin istered by one elected by a mob Intent on death." WASHINGTON. April 20.-Tho United States supreme court today - denied the application of Leo M. Frank a sentence of death for the murder of Mary Phagan. an Atlanta factory girl, for a write of habeas corpus. The Georgia federal court previously had; denied an application to tho same end. As a result of the decision lt ls be lieved by the legal authorities here that ouly a pardon by the state off!-, dals of Georgia now can save Frank from being hanged. Seven members of the court concurred in the decision which was read by Jus tice Pitney. Two dissented. Justice Holmes read tho dissenting opinion. Frank's petition for a writ of ha beas corpus rested i on the allegations of disorder in his trial at Atlanta, which, hla counsel declared, amounted to mob violence, and teh defendant's absence from the court room whoa the verdict of guilty was returned. The court's decision today said: "In all the proceedings lo ? the court3 of * Georgia, the fullest' right and oppor-' tunity to be heard, had been accorded the defendant. In the opinion of this court, be has not shown that he had been deprived of shy right guaran teed him by the fourteenth amend ment or any other provision of thc constitution and laws ot the United Slates. On the contrary he has been con\flcted and ls now held in custody ander due process law with In the maning of the constitution. Justice Pitney held that the obli gation rested on the supreme court to look through th? form and 'into the very heart and substance pf the matter. "Not only in the averment in Frank's petition, but In trial proceed> In gu In. the state couru themselves the petition contains a narrative of disorder, hostile manifestation and Uproar which, it stood alone and wore to be taken as true, may be con ceded to have been Inconsistent with a fair trial and an Impartial verdict. But to consider tel? as standing view, for the narrative, coupled wttb the ' other statements from which lt clear ly appears that the name 'allegations or disorder were submitted first to trial court.and afterwards to the su preme court ot Georgia." > MeCombs list to Resign. NEW YORK, April 1?.-Chairman Mccombs of the Democratic national committee, Issued a statement here to night saying he had no intention? of resigning the chairmanship. He de clared the report that be lu In ifjor health ls ?nt ure. . GERMANS POSTPONE CAMPAIGN IN WEST WILL DIRECT BEST EFFORTS TOWARD CHECKING RUSSIANS RUSSIANS STILL CLAIM ADVANCES Former Premier Urges Spain To Stete Where Sympathy Lies. LONDON, AJril 19.-The ubandon tnent by the German general ?tn rr of the plans tor a general offensive tn France are inferred in Rome and Ge neva from information received there. The Geneva advices give tho impres sion that the Austrians and Germans have decided o concentrate their en ergies on the eastern campaign while the Germans maintain the defensive on the western front. The war council, presided over by Field Marshal von Hindenburg, ls ?nid to have determined on the trans fer to Poland of. tho Austrian heavy artillery before* Verdun and to send back to Cracow^ in Galicia the Hunga rian cavalry now in the west. Rome's deduction was based on the official. communications to, the Italian cablnoi and statements of Germans in the official circles. Meanwhile thc situation in the east ls ?till In doubt. The confident assertions from Berlin last' week that the Russian advance In the Carpathians had been baited are offset by Petrograd's claims that Ute principal chain.of mountains, com prising ? 75-mile section of thc front, are now in Russian hands. In addition the capture of 70,000 Austrians in the laBt few weeks s claimed. The Russians declare that the move ment toward the interior of Hungary would be resumed after the troops bad been rested reinforced. The Austrian war office, however, main tains that the AUstro-German foret? ^^ot^^A^aro^a?1 Acan?nck. the for"^ mer premier of Spain, has made thu public statement that "a solemn de claration" should be made by Spain to show where her sympathy Hes In the war without violating her neutral ity. It is pointed out that Spain's relations with the triple entente, con sisting of Great Britain. France and Russia, had been more and more friendly in recent years. MAKE ATTEMPT TO RAISE THE F-4 Four Lines Now Fastened To Sub marine-Injured Diver Get tine Better. HONOLULU. April 19.-It ls expect ed that an effort to raise tho sub marine F-4 will be made tonight. Work has been proceeding continu ously, preparatory Vo the effort. Four Unes are now fast to the hull, connecting with the two scow pon toons. The dredges and barges which were engaged In the preliminary work have been moved. Tl.?-- space above the submarine ls left clear. The diving ls over for the present Diver Loughman, who had a narrow oscape from drowning, when tho air line became entangled at a greet depth Is slowly recovering. 0. ft. R. CONGRESS COZENED YESTERDAY President Wilson Address Meei* ing-To Elect Officers At a Thia Session. v WASHINGTON. April 19.-President Wilson's address and the annual mes sage of the president,. Mrs. Wm. C. 8tory of Mew York, at the opening session of the 24th annual congress of the Daughters of the American Revolution here today, .shared the in terest with the contest between thc rival candidates for president general. The election will be held on Wednes day. All the offices should be filled thia year. The congress ls apparently divided Into two factions, beaded br Mrs. Story and Mrs. George T. Gnernzy, of Kansas. A Hvelly fight is expected' Approximately 6,000 delegates are at tending. Among todays speakers were Jutes Jusseeand. the French ambassador. Mrs. Jothn Hsys Hammond and ".leg ers Bau .rd Thurston, the president of the Sons of the American RevtJ Inttce, who are also In session here. Many receptions were held today In honor bf th? candidates and the state officers. Naval Boats Trying to L mm This ls tho first photograph to ar- I rive In tho r ni ted ' States showing j tho Effort of thc naval omccra to raise thc F-t.-the Knited States Huh BARNES WELT ? MIMED ACTUAL TAKING OF TESTI M?NEY IN $50,000 SUIT STARTS TODAY DISMISSAL OF CASE WAS REFUSED! Roosevelt Felt He Had Right To] Call Berne? "Rotten Gov eminent" Boas. SYUACUS. April 19.-The Jury which will try William Barnc's fifty ! thousand dollar ault for alleged libel against Theodore Roosevelt was com pleted In the supreme court here to day. It comprises seven Republicans, three Progressives and two Demo crats, After the jury - was sworn. Roosevelt's counsel made a motion to I dismiss the complaint against their j ellenton the ground that allegations made in the statement on which the suit waa based were rf-lvlledged, and In naming Barnes and Charles F. Murphy as controllers or "Rotten gov ernment" in New York, Roosevelt did not mean anything personal, or im plied that they had profited hy the al leged "rottenness." The court denied the motion. The actual taking of ! testimony will begin tomorrow.'. Four hundred Syracuse studenta j serenaded Roosevelt tonight. ''ol. | Roosevelt talked to them about ome lettes. He declared that while he did not feel at liberty to discuss his case, ho wished thc jury had been picked from their number. IMO IN STOCKS mm}] CLOSE First Reversal Today After Sev eral Weeks Steady Ad vance. NEW YORK, April* 19.-The Block market suffered (ta first reversal to day after art advance, more vor lest steady, which "began the last woe: lo Match. For the firpt four hours the record showed almost uninterrnpt. ed gains, mainly In the investment division. This fact, coupled with persistent peace talk, made the rise more Impressive and convincing. But lo the last hour ? wild spasm to un load wai noted throughout the entire list. The movement gained force from a cautious utterance by the head of the United State? Steel Corpora tl.u. ?lio stated that domestic trade conditions were far from desirable. Some gains were entirely wiped oat. Th? day's business amounted to ap proximately a million mad a halt shares. tVeeeh t'rarral Die*. BRI ARK. Fronce, April 2?.-^Gea. Charlee Louis Tverocau. former com mander In chle' of the French army, died hare today. He waa Gr? years old. Locate Sunken Submarin marine, which flank?. Honolulu har bor. They grapplew?for inanv and several times lt Aras reported <tuo Vessel had been foufio al a uepYii 100 feet. Divers we?p sent down but they could not go '.that death. Ol ILA'S ARM SUFFERS A CRUSHING DEFEAT , .a?* . . . . . i - i TROOP TRAINS CARRYING DEFEATED FORCES NORTHWARD I State Department Agents Say Vil la Movement On West Const Is Collapsing. WASHINGTON. April 19.-The state department's consular dispatches to day from Mexico confirmed the Car-1 rania claims of a great victory for | General Obregon over Villa at Celay?. | They paid Villa bad retreated north ward, destroying the railroad behind him. Villa's losses in the' six days' fighting Is estimated at six thousand killed and wounded. Fourteen troop trains, carrying the defeated 'rjhtef tuln and his battered army urrlved yesterday at Aguas Callentes, one' hundred and twenty-five miles from l'claya. . Thc .department issued sum mary advices'from Rear Admiral Ho ward, saying "The Villa movement on the west coast apparently is collaps ing and Indications point to control of the entire weat coast by Carranza In a few weeks." E. M. MElLECTED COLONEL 1ST. REGIMENT Gen. Brooks Not Candidate For Reelection As Commander of U. C. V. COLUMBIA. April 19.-Official re turns of officers for the militia on Saturday! show the following results. First Regiment. E. M. Blythe ot Green ville waa elected colonel; P. K. Mc I Cully of Anderson lieutenant ?colonel; R. F. Watson of Greenville major of the first battalion; W. B. Moore of Yorkville major oT the second batta lion. A second race will be necessary to decide on a major for Ute third batta lion. The rac. will be '.?tween W. J. Tiller of Chesterfield and Robert MoCbrrel Of Hartsville. Second Regiment; H. E. 8prtags of Oeorgetbwn, colonel; A. H. daffy of Oraugeburg, lleutent colonel; A. H. Wilcox of Cbarlecton, major of first battnlloL. Dibert Jackson of Colum bia malo.' of the second, battalion; A. H. W. Bradford of Sumter major of third battalion. lt was announced bore today that Gen. U. R. Brooks will not seek re elect ino as commander ot -tba First Brigade U. C. V, on account of pres sure of his duties as clerk of the su premo court. Friends of Mr. H. H. Newton ot Bennettsvillo. a gallant Confederate veteran, ar? urgiag^ijnf as a successor to Gen. Brooks. The University defeated - Wake For e-it at baseball here this afternoon, by tho score ot 14 to a. Another game will be played between them temar rowt s in Honolulu Harbor. ..ourse, long ago hope for the men of tho vessel was given un. But the naval ofllcers are very anxious, not only to recover the bodies, but to learn the cause o? the sinking ot tho vf'Bsel._ ENGLAND'S EMBARGO ON G0??8NJFFEGIIV? IS KEPT AWAY FROM GER MANY AND AUSTRIA AS IF CONTRABAND / COUNCIL ORDER Blockade Explained By Attorney General Simons Before Conference. LONDON, April 1?.- The cotton is kept from Germany and Austria just j SS t ffectlvely as if it were declared j absolute contraband, is the tenor of a reply addressed bv Attorney Gen eral-Simon to a conference ot chem ists aod engineers who asked who th or the government's action was suftl oient to make it certain that no cot ton reaches those countries. The attorney general ventures some sug gestions to those who may be under some misapprehension either as to th'j law r.t contraband or as to the steps which In fact are being tukeb under Otc order in council pt March ll. The stops hoing ta tom under au Irortty of that order in .council have been' extremely cffectlv:- in stopping cotton from reaching Germany and thc declaration of. cotton as contra band would not altor the result in the very least so fa? as preventing cotton- reaching Germany ?s con cerned. - . "If an article ls'declined absolute contraband it can bc stepped from going to a German port and be stop ped even from going to an adjoining neutral port, if lt Is lo course of tran sit through that neutral port to. an enemy country. These ure exac'l> the circumstances in which, under *bv order In council any article can be ?topped whether lt ts contraband or not, and of course, this order in coun cil i? being put into forc? in all propr cases.. "To imagine that since March ll anything can be' gaine ! so far aa stopping the entrance of cotton into ?ermftnv is conccrnod by calling it contraband is. In effect to suppose that a olockade ia rendered more ef fective If you add Irat s ped ti ed con traband articles will not be allowed lo break that blockade. A blockade stops all articles whether they are contraband or not, t??f?fore, and ad lltlonal rulings would not have any practical coijoequences. What la true af Germany is equilly true of Aus-" tria. "Your memorialista no donni will readily believe that there may be good reasons of quite a different kind for hot making cotton :-optraband In view or the pr?c?dant which would thereby be created .but aa a practical matter In the present war any atop ?age nf cotton secured by calling lt contraband Is equally secured by the >r,der in council." - ? -? I, ?.H..N -, '. ? . President Gees to New York. WASHINGTON. April 'I.S.-Preal jtent Wilson leavea early tomorrow ter New'. York to attend the annual luncheon of tho Associated, Presa. Secretary Daniela. Secretary. Tum nulty end Dr. Orayaon will accom jany th? president. LITTLE ACTIVITY IN TOAR TODAY ARTILLERY DUELS HAVE TAKEN PLACE OF HAND TO HAND FIGHTING WILD RUMORS EXCITE AUSTRIANS Rumors of Extension of Lend strum Causes Consterna tion Among Populace. LONDON, April IO.-Activity ulong thc western battle Uno seems to eou slst of tnsolatod engagements rather than u generul off east ve. Artillery duels have taken place of the hand lo hand fighting which baa been u feature of tjio recent struggle along the Meuse, Oliielal statements agree thut shurp fighting. Is occuring ai' Vouges. Petrograd continues to report min or success tu the Carpathians. Va rious rumora recently regarding thc central powers of Austria are said to have received with consternation th? news that Landau um service had been oxteuded to all classes between thc ages of eighteen and fifty years., Home la sponsor for a statemen attributed to a high Gorman authority that the German general staff had discarded plans'for an ndvunce on tho French front, deciding to remain on the defensive, lt was unofficially announced that operations arc under way in tho Dardanelles, where thc Turks are reported building defenses against thc landing pardea. _ f WAK OF PEOPLE, SAYS PASHA CONSTANT INO PLK, April ' li?. "This ls not a war or tho Turkish government, but a war of tho Turk ish people." sal? Bo vor' Pasha, the most remarkable man in Turkey, who at thirty-three, ,1s war minister an? to a Associated ' Press correspondent today! RUSSIAN WAR OFFICE REVfEWS_C?MP?6N Austria And Italy Seem To Have Failed To Reach Agree ment. LONDON. April 19.-Thc situation! the Carpathians regarding which therc hus been a. dearth-of news of late ls reviewed in a brief summary issued by the Fjusslan Wer office, em bracing the period from early lu March up to the present. According to thia review, thc prin cipal chain of the Carpathians, com prising a front of about 75 miles, has fallen into Russian hands since their offensive began on March 19. and up | to April 12, tho opposing forces in -eluding those that had been concen trating for the purpose of relieving Przemysl, libed up between Lupkow and itesok passes, suffered enormous casualties, losing In prisoners alone 70,000 officers and men. The resistance of the Teutonic allies ls described as most stubborn and along the line from Bartfeld to Uzsok pass the Austro-Germ?n forces were estimated at 300.000 men. The subsequent .fighting is declared to have been in the nature ot detailed actions for the purpose of consoli dating the Russian position which therefore would Indicate ?pr?parations for a further general movement as soca as thc troops have rested and reinforcements, of which the Russians are credited with having an abund ance, have come UH. 'Rostoki. whtcb Hes about 2."? miles td the northwest of I'tsok pass, has In the laat low. day? been the objective of the Russian troops, but against an advance In this direction the Austrians have been delivering attacks In great Strength. They have, according to their report, "viciously repulsed" Rus sian attacks near Telepotch and have captured nearly 1,500 prisoners. In the Western war ts.~*atre there ls continuous fighting In tho Vosges, Lor raine and Alsace and the British in fantrymen hawe attacked the German trenches to the southwest of Ypres af ter the explosion of several mines In th? way of.a preliminary- At all these points flaming is still tn pro gress. Minor Incidents lo the campaign in clude the loss of the British sub marine EMG, vhich ran ashore In the Dardanelles. 24 officers and men be ing taken prisoners by the Turks and seven being probably lost, the bombardment of a Turkish encamp ment on the sinai peninsula by Brit ish aeroplanes and the torpedo!*? by a submarine In the North sea of the Greek steamer Elllspontos. it ls reported from Rome that Italy and Austria have failed lo agree on SHERIFF MAKES BI6 HA?LJrJrlISKEY THREE WHITE MEN, AN AUTO AND 5 1.2 GALLONS ARE BEING HELD SAID TO HAVE HAD LARGER QUANTITY Believed That Men Came From IGeorgia And Hid Whiskey t . Over Saturday Night. Charged with transporting whiskey in Hie night time, threo white men. M. Ur. and Ira Stanaell and Will Franklin, were arrested Sunday after noon by Sheriff Ashley and deputies in the vicinity of Riverside Mill and lodged in the cons?y jail. Five ead one-half gallons of Intoxicating li quor and a .Maxwell touring car were taken tn custody by the officers at the same time, It being alleged' that the men used thc machine Iq bring ing the whiskey here from aeine.point In Georgia. In speaking .of the, mailer yestcr* day. Sheriff Ashley stated that h? hud evidence that the three mon arrived in the.city Saturday afternoc-n'.with the whiskey and drove about ?town for MOHO Mme with li: that they liter got frightened, thluMng the sheriff ?us on their trail. * id decided td ?udp U; tl-at they dr,?v?> ont lo CarpiWl? tor's Mill south of town, and hid the whiskey in,the woods, leaving Frah.fi lla and Ira Stanaell there to guard ft; that H. C. Stanaell returned to tho city and went back to Carpenter's Mill Saturday sight about I o'clock In the automobile and got the whis key, carrying lt to the house of G. T. Ferguson, at Riverside Mill. The sheriff stated that five gallop, of whlskev in a kerosene can and one half gallon In a jug were found in the automobile when the. men were arre?t od. He believes that the men brought a larger, amount of whiskey than thin to the^e WfWwi?mf*?< te - dittoes of all but five ead one-halt gallons before being arrested. PBESIDWIBUS SELMpSSI?fl Uren Calmness In Great Crisis, if rench Ambassador Lauds U. S. Action?. WASHINGTON, Aprlll?.-The need of self-possession, calmness and Judi cial temperament by tho. United States In the presont world crisis, waa urged today by Pre Mont Wilson in a speech before the opening session af the twenty-fourth contuios'td con Kress of Daughters of tho Amertcr.u Revolution. Ambassador Jtieserand of France told the congress mat United States had behaved io che European crisis so as to command the gratitude and thankfulness of the world. Thc Daughters will elect a preaident-gen eral Wedneaday. PAY INDENITY TO KATKICK OWNERS i t aSun Germany To Pay If Gannan Sub marine Sunk Dutch Boat Through Mistake. THE HAGUE. April li?.-Germany's declarations of her willingness to ex press regret add paying Indemnity il in investigation provea Gist the Dutch steamer, fcatwyk. waa sunk by a Ger man. submarine througr a ? mistake baa brought general satisfaction here. The Irritation caused hy the sinking the Kalwyk has about aubslded. '".* '.}.'<* ? ?? " ?." territorial concessions to Italy for. her continued neutrality. AUSTRIA AM? ITALY ABE SUT AORKUP ROME, (via Pariah April 20. From an authoritative aperce it Ls learned that, notwithstanding Ger many's efforta, Italy end Austria, have railed to agree on territorial conces sions. Many reports have been current re specting proposals said to have boen made by Influential Austrians anxious to preserve peace with Italy for the temporary disposition of the province af Trente, provided Austria consented lo cede lt to Italy. The latest proposal iced rd in g to these reports, was thst the terrPory be ceded to the pope and (bat the pontiff tum the territory over tc Italy after the war. Prince \<>n Bnelow. Goman ambas sador to Tonie ie said to have frown ad on thia suggestion, tearing lt would be a new source of friction between Austria and italy.