Newspaper Page Text
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
ONLY PARDON FROM STATE
OFFICIALS CAN SAVE HIS
DENIES HIM WRIT
Seven Justices Concur In Opinion ]
Hint He Had Fair Trial In I
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
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
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. .
CAMPAIGN IN WEST
WILL DIRECT BEST EFFORTS
Former Premier Urges Spain To
Stete Where Sympathy
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.
TO RAISE THE F-4
Four Lines Now Fastened To Sub
marine-Injured Diver Get
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
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
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
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
Naval Boats Trying to L
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
ACTUAL TAKING OF TESTI
M?NEY IN $50,000 SUIT
DISMISSAL OF CASE
Roosevelt Felt He Had Right To]
Call Berne? "Rotten Gov
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
First Reversal Today After Sev
eral Weeks Steady Ad
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
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
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
TROOP TRAINS CARRYING
I State Department Agents Say Vil
la Movement On West Const
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
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
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
IS KEPT AWAY FROM GER
MANY AND AUSTRIA AS
Blockade Explained By Attorney
General Simons Before
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
"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-"
"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
ARTILLERY DUELS HAVE
TAKEN PLACE OF HAND
TO HAND FIGHTING
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'
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.
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
RUSSIAN WAR OFFICE
Austria And Italy Seem To Have
Failed To Reach Agree
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
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
THREE WHITE MEN, AN AUTO
AND 5 1.2 GALLONS ARE
SAID TO HAVE HAD
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 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.
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
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
PAY INDENITY TO
i t aSun
Germany To Pay If Gannan Sub
marine Sunk Dutch Boat
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
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
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.