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Richmond times-dispatch. (Richmond, Va.) 1914-current, November 15, 1914, Image 6

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Action of State Tribunal Means Ills
Only Appeal Now Is to United
8tatcs Supremo Court.
Atlanta Man, Convicted of Murder of
Fourteen-Year-Old Mary rhaRati,
Was Sentenced to Death, but Exe
cution Stayed Pending Appeals.
ATLANTA, OA., November J 4.---The
Stato Supreme Court to-day refused
a new trial to Leo M. Frank, cOnvict- ?
ed hero on August 23. 1913, for the '
murder of Mary Phagan. Frank s mo
tion for a rehearing was lyised on tho
?I^UT]d that, his constitutional rights
v,0,ated b>' reason of his
absence from the courtroom when tho
Jury returned Its vordiet.
taBtLSV^lrlinS \ho 8tatc'? demurrer
verdict of ?i n,?tion to sct aside tho
verdict of the lower court, tho S?i
S,?Co!,rl'3 ru,i?S meant! that
nJill! 8 on,>" appeal now Is to the Su
of ,he Un,*ed States.
An tneir arguments, counsel for tiin
accused alleged that whtlo tho jurv
couri rat'ne' "th0 all about the
w^i !!1 waa surcharged with mob
Molence. and that the trial Judre liati '
VSS!"** '?= absent w2en tho i
\ordlct was rendered. The static ->r
wl.on.r-. aUoSSS
fctntea to his absence.
grant I rank new trials and alwo ha,i
sustained the State's demurrer to
S??: motion. A?s? ,o [It
i t tCSt court now have re
sulted In the lower court's decisions
being adlrmed In every instance.
Jo-day's decision was concurred in'
tlces?U Thn thCi f!Ve Suprcm? Court Jus- J
tlces. The opinion, which was written
' thai n? Justlcc Warner Hill, held j
that the annulment motion could and
should, have been made in a previous
appeal for a new trial
,??nflncd >" ?ho Tower here,
. I , lhc news of his latest reverse
' tho oo?,L,,m,,eHS\ W.0"' 1 haJ expected
, bfi wlth mo this time,'
was his only comment.
w^l?? #?rlsoner was writing a letter
rri u /ho "0WB brought to him.
iio listeij/Kl to tho announcement with
out stopping his work, and In a few
minutes completed tho letter and gavo
to man frlcntl wl,? vvas visiting him
Commenting on the right of counsel
to waive the presence of Frank in the
courtroom, tho court's opinion said:
Y\ ho was better prepared to pro
tect the interests of the defondunt,
trained and expert counscl or the de
fendant himself? True, lie had the
right to conduct the trial In person, if
he so desired, but the defendant had
committed his case to tho able and ex-1
pcrlonced counsel, who, in the exercise I
of their relation as attorney for tho
client, waived his right to be present,
and, having mado the waiver, and de
fendant by IiIh conduct having ac
? fjuiesced in It, ho should be bound by
"It would be trifling with the court
to allow ono who has beon convicted
of a crlnio. und who has mado a mo
tion for a new trial on over 1U0
grounds. Including tho statement that
his counsel had waived his presence
at the reception of the vordiet. and
have the motion heard by both the
Superior and Supreme Courts, and
after a denial by both courts of the
motion to set anido tho verdict, in
clude matters which wore, or ousht
to have been, included in the motion I
- for a new trial."
Tho State Supreme Court will have !
. to certify a writ of error in order to
- allow the case to be taken to tho Ked - I
oral Supremo Court through the reg- !
ular channels. If deemed advisable ?
the court has the right to refuse. No
. Intimation has come from tho court
as to what course it will pursue.
Lawyers, however, were much Inter
ested in tho following paragraph of
the court's opinion:
\\ o know of no provision in tho
Constitution of the United States or '
of this State, nor of any statute, whloli
glvt-s to an accuscd person a right to
disregard the rules of procedure in a !
ktatc, which tiiYord liim due*, process !
of law, and demand that he shall move
in hie own way and bo granted abso- '
Jute froodom because of an Irrogulur- I
.? rle ,a OI,e> in recfijvlng tlio 1
verdict. If an accused person could |
inako Bomt of his points 6i a'tta'ck on
tho verdict, and reserve other points I
known to him. which ho could then i
.lave mado, to be used aa grounds for
further attacks on tho verdict, thero
would be practically no end to a crim
inal caue "
Attorneys for Prank to-night de
clined to dlscusa what course would bo
followed should tho State Supreme
<;ourt refuse to certify ? writ of error
ih.Win,.?P?.rt2d- however- t^at, should
the court take such action, tho de
fendants counsel were considering ao- I
ion to obtain a writ of habeas corpus
ri the I'Oderal District Court, and on
this writ attempt to tai<0 the case to
the Supreme Court of tho United States
, 'jrdy of Mary.Phagan was'
found April 2,, 1913, I., the" basement of ,
a pencil factory In which she was em- !
Diamonds Pearls
Our stocli is not the
largest in the world, but
large enough.
Our prices make dealing
with ub a big object to you.
Old Reliable'Jewelers, Jj
Established 1887, %
1111 East 3Iaiu Street. i
ployed. Two days later Frank was ar
rested, and on May 5 tho coroner's Jury
ordered Ulm held for the action of the
Kraud Jury.
On May 24 James Conloy, a negro
Rwcouer in the |>enoll factory, inado an
alleged confession as accessory after
the fact of tho murder, accusing: Frank
as th? principal. Conloy now is serv
ing twelve months on the chain gang
tor his part in tfw crime.
After his conviction, Frank was sen
tenced to be hanged 011 October 10, 191H,
but execution of tho sentence was
stayed by the filing on Hint dato of a
motion for a now trial. That motion
was overruled by tho State Supreme
Court, February 17. 1911, and Frank
was resentenced. However, 011 April
10, another motion for a now trial was
tiled, and ngaisv. oxocution was stayed.
That motion was overruled by the
Supremo Court, but, l>ofore that deci
sion was announced, tho motion to sot
asldo tho verdict 011 grounds of a viola
tion of constitutional rights of tho ac
cused was made.
Youuk Men Jump Fro 111 Stolen Auto- j
mobile Wlieu Pursued.
c?. \\". Reams, of lJainbridgo/|
Street, left his motor car standing in
front of tho homo of \V. A. 1'helps, j
211" Stuart Avenue, Friday night. |
while ho went in to make a. call.
Ten minutes later he recognized the j
whir of his engine, and rushed out to j
sec the car starting up tho street with 1
two young men In the front seat, lUv;
gave chase, and by a fortunate cir
cumstance the runaways were blocked j
t?.v a trolley at Robinson Street before j
they had fairly gained headway. See- I
ing that they were pursued, they
Jumped from the car and ran. A half
hour later a, second attempt was made to
steal the same car by unknown parties,
who were unsuccessful In starting the
engine. The owner had taken the pre
caution of removing the spark plug.
SI. Anu'N llenevoleut Soclrty to I)1n>
reuse Charity Funil Kaiseil by
' WeiHbcrner Store.
An appeal to all classes to aid in the
work of relieving want and Buffering
among the poor and destitute of the
i city Is being made by members of St.
Ann's Benevolent Society. Now, when
many Richmond peoole are contributing
to the relief of the European war suf
! ferers, they arc urged to remember
that thero are those at home who are
j also in need of lmmediato assistance.
Ton per cent of tho rocelpts
[ from all sales mado at Weinberger's
! Department Store, :}12-21S Fast Brood
Street, Tuesday, November 2-1, will bo
given over to St. Ann's Benevolent So
ciety to bo used in furthering charita
ble work. Women of the society liavu
been requested by tho head of the de
Department Store, 312-4IS 13ast liroad
on that date, and they are now busy
I familiarizing tliemsejves with tho stock
| of goods on hand at tlio establishment.
I Members of the society are entering
upon their work with great enthusiasm,
and with a determination to get the
greatest possible results. Joseph Uc
Masurler has been unanimously elected
by the society to dispense charity.
Irumls which are raised for charita
ble) purposes by St, Ann's Benovolcnt
Society are dispensed to worthy per
sons, regardless of religious creed or
belief. Tho women of tho society are
appealing to all of their friends to
make largo purchases <vV Woisbergor's
011 tho day specified to aid In a worthy
V, y - .? j if??|
? Contains Explosive Knough, It la
Estimated, to Have Wrecked
1 Missile iAJcated by Pollcoman Just
j Under Ofllces Occupied by C*ov
ernor-Elect Whitman?Magistrate ]
j lias No Idea of Perpetrator.
NI2W VORK, November 14.?A %>onib,
^somewhat similar In construction to
? tin: one that wreUked tlio entrance to
' tliu Bronx County Courthouse last
Wednesday night, was found to-day In I
the Tombs courtroom Just under tlio
; district attorney's offices, occuplcd by
Govcrnor-Klect Whitman. The room j
: was crowded. The bomb contained
gunpowder, slugs and bullets. Its fuse
j was partly burned.
Ocorgc L. O'Connor, a policeman,J
i saw somo smoke from the burning
I Cuse of tlio bomb, ran to the spot, j
picked up the missile, tore off the fuse
| and carried the bomb from the court
room. Four men were sitting on the!
bench In the rear of the <courtroom |
where the bomb was found.
i TJie bomb contained explosive!
enough, it was estimated, to have
wrecked the building.
As O'Connor stripped tho sputtering
j fuse from tlio bomb the courtroom wnn
? thrown into an uproar. Approximately!
! nfty persons were in tlye room await
ing the arrival of Magistrate Campbell
t to open court. It Is believed that his
! arrival was tho signal to lire the fuse.
! lOxaminatlon showed that the bomb
I ? 1
was made of u live-pound oil can, and
that it wuu tilled with Kunoottou. hIurs
and bullots. It was wrapped up In a ,
Jewish dally newspaper tightly hound !
with wrapping cord.
Magistrate Campbell said that he had {
no idea who would seek his lite, un- ;
loss it wore Hie writer or writers or j
threatening letters ho had received dur
ing tho recent trial of Industrial '
Worker* of the World leaders, at which .
ho presided. The polico believed that I
the bomb wan loft in the courtroom ?
by the samo bund of anarchists Mint
llrcd tho bomb on Wednesday night at 1
the Bronx County Courthouse, and lact
month exploded bombs In .St. Patrlck'ii
t'athedrul und at the Church of St.
Alphvnsus Tho police recalled that
Frank Tannonbaum and his Industrial
Workers of tlio World entered St. Al
phonsus Church during tliolr demon
strations last year, un a result of which
Tannenbnum was sent to Jail. The
discovory in the wrcckago of the Bronx
County Courthouse of pamphlets print- [
ed In Spanish, extolling: tho Chicago
"martyrB," led to tho belief that that j
bomb wan set off In revenge for the i
execution of the Huytnarket anarchists. :
Charged With HcfuNltiRT io Vnj K?rf on
Street C'nr.
Louis K. Myefs, .forine: manager of
the l-Jmpiro Theatre and ^well-known
in local theatrical circles, 'was yester
day inorning arrested 011 si charge of
refusing lo pay hi* fare on Broad and ,
Twenty-Fifth Street car No. 520. Iio
was bailed at the Second Precinct Sta
tion for his appearance in the l'olicc
Court to-morrow morning.
Myers was arrested on a waVrant and
polico wero unable to*--tell of the cir
cumstances which led to his arrest.
He could not be located last night and
no statement was obtained from him. j
At .he dispatcher's otllce of the com- 1
pany it was said that the conductor's
report charged Myers with being dis
orderly on the car and that no men
tion was mado of his refusing to pay
lii.'i fare.
Coupon for
Or. Caldwell is glad
to unnd any 0110 who
Iuih never tried his
remedy a free wimple
bottle for personal in
vestigation, simply clip
this coupon ami inclose
in an envelope with
your name and address,
or write your name ami
address plainly on a
nostourd and mail it to
Or. AV. B. Caldwell. 67
WashlnRton St., Monti
cello. 111.
THE prattling baby on-the mother's knee,
the children playing on the ltoor, these
ure the scenes that go to make the happy
American home. But along with it all there
is a basic requirement, that these little hu
mans be healthy. First and foremost of their
little ills are those pertaining to derange
ments of the stomach and bowels.
When trouble comes you call the doctor,
or you try dieting, special foods, stewed fruits,
etc. But have you over tried Dr. Caldwell's
Syrup Pepsin? It is a mild laxative-tonic
that has been on the market for two genera
tions, having proven Itself the one dependable
remedy, Bnd thousands of mothers now give
it to their children. "Dr. Caldwell's Syrup
Pepsin is 'gentle in action, und especially in
tended for babies, women and old folk, who
should not use strong catbarttcs or purgatives
such as pills, powders, salts and mineral
Mrs. C.L.Hanson, of Holmes, Cal., has used
it herself t?nd gives it to her children, and she
says she will never be without it as long as
a bottle is obtainable. Mr. T. B. Pratt, of
Marianna, Ark., uses it himself and has the
whole family uuing it, and he also says he
would not like to be without it. It is the
family remedy in thousands of homes because
it is a safe and sane remedy for constipation,
dyspepsia, biliousness, belching, gas on the
stomach, headaches, bloating, etc. Old users
always kaop the dollar bottle in the house,
but there is also a fifty-cent size, and either
can be obtained of your druggist.
Mail ordora will bo filled.
Send the number of the Sorosls
Shoo wanted, together with
your size and width, and there
will bo no trouble.
Shoe Department
Como to Miller &. Rhoads the
Sorosls Shoe Dept. as eariv as
possible. We want all of you
to share in these remarkable
November Kale offerings.
SPECIAL NOTICE.?This sale will also include many lines of Sorosis Shoes made
for the European trade, but which the manufacturers were unable to ship on account
of the war. All to.be sold way below their regular price.
Dull and
Patent Boots
With kid tops. Welt
soles, medium Cuban
heels. Regular price
Fall Sale Price,
. $3.85
Style A F 6
We announce the arrival of four very smart New Fall Boots for Monday selling. They
are models suitable for street and dress wear, and have all the lines and grace .which
give beauty to the contour of the feet and comfort to the wearer. In all our shoe ex
perience we have never seen better'values in Women's Footwear.
$3.85 ?
Style A F 3
Style A F 8
With mat kid tops,
light welt Boles. Cuban
heels. Universally good
styles for women who
do not care for patent
leather. Kegulnr p v r-.
Fall Sale Price,
Patent Button
Plain toe, Gaby pat
tern, dull kid jack.,
leather Cuban iicei.
Regular price O'J,
Fall Sale Price,
Special Fine Quality
Kid Lace and Button
Style A F 5
All Dull Kid
Gaby pattern, Cuban
heel, medium sole
Regular price, S5 00,
Fall Sale Price,
Was Formerly Ono of the Best
Known Merchnnts of
Retired From Active Business Sev
eral Years Ago?Was Oldest Mem
ber of Beth Ahabali Synagogue and
of Jefferson Club.
Jonas Marcuse, one of the oldest and
most widely known residents of Rich
mond, died at Ktuurt Circle Hospital
yesterday afternoon at !?:!!? o'clock.
six weeks ago Mr. Marcuse had
enjoyed his usual good health. although
lie retired from active business sev
eral years ago. He was born in Ger
many January J, 1832, and came to
America when sixteen years old.
In lS6'.i lie located in Hichmond, and
for many years was engaged in the
mercantile business. . During the Civil
War he was one of the most promi
nent merchants in the- South, lie wus
interested in other business enterprises,
and in 1890 founded the Haskor-Mar
cus? Manufacturing1 Company. He was
married to Miss Rosalie Mitteldorfer in
Mr. Mure.uao leaves four sons?Alex
ander J., Isaac J., Milton 13. and Moses
M.: and one daughter?Mrs. Myer
Klrsh. He was the oldest member of
Heth Aliabnh Synagogue, and the old
est inenibor of the Jefferson Club. Ho
was an active Mason and a member of I
Hie Royal Arcanum. ;
Mr. .Marcuse waa a man of strong
character and lovable disposition. Fu
neral services will be conducted from
Heth Ahabali Synagogue to-morrow
morning at 11 o'clock, and the Inter
ment will bo made in the Hebrew Cein
Lime-Loss and Tuberculosis
FROM tlio Journal of the American Medical Associa
tion (January 17, 1914) we quote the following:
"It lias been many times stated that in tuber
culosis or in the pretuberculosls stage an increased
amount of calcium (lime) is lost both in the urine and
feceM. In fact, a demineralization has been thought to be
a forerunner of the development of tuberculosis. * * *
"Forced feeding of tuberculous patients and the
enormous amount of eggs and milk once given such
patients are not now considered advisable by a large
number of pliysiciaus who are specializing in the treat
ment of pulmonary tuberculosis."
It tuberculosis is duo to a loss of lime from the system, the success
of Kckman's Alterative" In the troatmont of this disease may he
<luo, In part, to tho fact that It contains a llmo salt no combined
with other valuable ingredients a a to be easily assimilated, and
thus capablo of replacing some of the lose.
Of courso. In all physical affections proper diet plays an impor
tant part, and always we havo "forged users of lScktnau'H Alteratlvo
to attend strictly to matters of food and rest. Tho testimony of
many users, however, leads us to hellevo that the specialists who
phico less reliance on feeding are Justified in their position.
Tn Addition to resU and right food, sumo effective remedial agent
? seems to be needed, and in numerous cases of apparent recovery
from tuberculosis and kindred throat and bronchial affections, Kck
mun's Alterative has supplied this need.
It does not contain opiates, narcotics or habit-forming drugs, so It
is Bafe to try. Your druggist has it or will order It, or you can
get it from us dircct.
Hckmau Laboratory
No Arrangement of Displays and Sales is Complete Without
Special Events for "Little-Folks" .
To-morrow we inaugurate JUVENILE WEEK. The displays in the show windows
and in the departments will tell the story of how well we have prepared for the babies,
the kiddles, the little men and women, and all (he different periods of childhood from
cradle needs to the first dancing frocks. '
Six Booklets Free
The titles uf this set of .lu\e
nile Booklets are:?
Merry Little Men.
Naughtv Little Woman's Clubs.
Kiddies of All Nations.
The Pushmoblle Boys.
Captain Weary at the North
for Boy Scouts and
Campfire Girls
Regulation Sweaters of -the
n-.llltary effect with shoulder
straps, high military collar, A
pockets and elose-flttiug cuffs.
These come in tan, navy and red.
Sizes 2S to 32.
Baby's White Coats
We have these dainty wraps for
the infant in a large variety of
styles, from the Bedford Cord
Coats, with, braid trimmings, at
$1.50, up to the hand-embroidered
Silk Coats, with the soft silk lin
ing, at #15.00.
.$2.50 buys a neat White- Bed
ford Cord Coat, with scalloped
cape. These come in long or short
$5.00 will buy a beautiful all
wool Batiste Coat., with silk braid
trimmings, r
$7.50 is the price of a fine Hen
rietta Coat, with hand-scalloped
and embroidered, silk-lined aape.
The little cuffs are hand-scaJloped
and lined with silk.
Coats for Little Folks
2 to <{ Years of -Age.
Chinch ilia Coats, in gray. This
a singlo-breusted style, suitable
for boy or girl. Two pockets a?!d
stitched cuffs . . . .$3.0R
All-Wool Flannel Coat, with vol
tet collar. Double-breasted style.
Hunting red or navy. Nicely lin
ed $:j.oo
Childs* Cape Coat, of navy
ejerge, with rod or Copenhagen
trimmings. Silk braid on collar
und capo. The cape und cuffs are
lined with silk messaline . .$10.00
Mannish Cents for the little men
2 to 3 years old. These come in
bottle green, navy or Copenhagen.
Double-breasted, 2 pockets, smok
e-3 pearl buttons; very nifty, $7.50
Warm Sweaters for
the Kiddies
Our soft, warm, darling little
Sweater Coats and Sweater Sac
ques for the Kiddies are a delight
to every mother. We mention only
a few of the many charming num
$1.25 will buy a charming
Sweater Sacque for the tiny baby.
$1.50 buys a strictly all-wool
Sweater, with a military collar
und 2 pockets. These are for the
babies and are in white, with
dainty pink or blue trimmings.
$2.00 buys a Child's Sweater of
white, trimmed with pink or blue
borders. Norfolk effect. Very at
ti active.
$1.50 will buy a Boys' Norfolk
Sweater, with detached bolt. Pink
and white or blue and white.
.S:1.00 is the prlco of a fine
Coat Sweater of very soft, line
wool. Turn-over cuffs, pockets
and a rolling collar edged with
Copenhagen blue, make this a
fetching garment.
$3.50 is the modest prlco we
ask for a full Sweater Suit for the
kiddy. This cute Suit consists of
leggins. cap and sweater, and
comes in Copenhagen, white and
Mitts, Toboggans. Leggins, Sac
qucs, Booteos and Carriage Robes
at all prices.
Girls' Sweaters
Si/.cs 20 to 32.
Soft, all-wool Sweaters in the
leading shades, such as rose, car
dinal, Copenhagen, white aud tan.
Some straight c^at style, with
pockets; others fancy knit with
detachable belt. . . .$2.75 to $11.25
Children's & Misses
Party Dresses
We make a specialty of these in
dainty white materials, with lace,
embroidery and ribbon trimmings,
$S.00 to $10.00.
Chiffon and Lace Dresses for
misses $18.00 and $23.50
Bath Robes
Juvenile Dresses
Prettily made Dresses
of glnghp.m, percale or
cliambray, $1.00, $1.50
and up to $5.00.
A special Jot of little
Children's Dresses, 2 to
6 years, aro on sale at
BOc each.
We liavo an un
usually largo lino of
these veas?y iltting gar
ments. Wo are ahowlng
an unusually good one,
with high neck and long
sleeves. In checks, solid
color or white, at 50c
Infants' Carriage
Infants' Carriage
Itobes, with warm en
veloping robe to match,
in eiderdown, silk crepe
or wool. These aro new
ideas, $2.25 to $1.30
each. , ,
We are showing sev
eral lines of pretty Bath
Robes for infants, little
folks and larger chil
dren, all the wanted col
ors, such as navy, Cop
enhagen, red, pink and
bluo. The prices range
from $1.25 to $3.25.

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