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gfonCta HOME EDITION Weather Forecast: Fair Tonight and Friday NUMBER 8450. WASHINGTON, THURSDAY EVENING, FEBRUARY 25, 1015. PRICE ONE CENT. ) FRANK'S FINAL FIGHT FOR LIFE E Legal Battle Is Opened Here Over Atlanta factory Super intendent Convioted of Mur dering Mary Phagan. Prisoner's Absence From Room When Jury-Returned Verdict Is Sole Basis of Appeal Made for Him. Final arguments in the battle to save Leo M. Frank, of Atlanta, Ga., convicted of the murder of Mary Phagan, were begun today in the United States Supreme Court. Whether Frank could escape the sentence of death pronounced on him by the superior court of Ful ton county, Ga., because hi was not present when the jury returned its verdict, was the specific legal question at issue. All the other constitutional and technical ques tions of procedure in the case were grouped around it. The arguments were addressed to an appeal from the decision of United States district court of Georgia denying Frank's petition for a writ of habeas corpus. Call Evidence Invalid. The Supreme Court was asked by Frank's lawyer to grant the writ nd reverse the decision" of the Fed eral court In Georgia. They argued that the absence of Frank from court when the verdict was returned, nulli fied the death sentence and removed the prisoner from the Jurisdiction of the ccurt. They did not set up the claim that Frank could not be retried on the In dictment for murder. Louis Marshall, of New York, an expert on constitutional tiucstlons, opened the case for Frank. He based his arguments on these points: That Frank's absence from the court room when the death verdict was brought In, without his consent and also the absence of his counsel, con stituted a denial of the due process guarantee of the Federal Constitu tion and nullified the Judgment of the court. Mobs Interfered. That threatened mob violence In the city of Atlanta while the trial was in progress Interfered with the due course of Justice. That Frank's failure to raise Juris dictional questions at the time the verdict was returned did not prevent him from demanding his rights un der the Federal Constitution. That a habeas corpus proceeding was the proper course to determine the legality of his present detention in a Georgia Jail. For the State of. Georgia, the law yers were Attorney General Warren Grlce and Solicitor General Hugh M. Dorsey. Their argument was not ex pected to be concluded until tomor row. E Conferences Being Held Today May Result in Incorporation of Association. Conferences which may result In the Incorporation of the Washington Jitney Bus Association are being held today under the direction of Andrew I. Hlckey, president of the association, following the hearing ttranted yesterday by the Commissioner to those Interested In the i project. If the association abandons its present Identity and becomes a corporation, It I will be because Its backers fear that as soon as the lines are fairly established under certain provisions of the hack law. which the Commissioners yesterday decided was possible, the city govern ment, seeing tho utility of the Jltnev lines, will attempt to clnss them as com mon carriers, and bring them under the direction of the public utilities commis sion, prescribe schedules and otherwise regulate the operation of the buses. "It has been indicated to us that this Is the Intention of the city authorities" aid Mr. Hlckey today, "and for thut reason we determined to postpone the establishment Of Dip tinea until .. rin take stock and see where we stand. The ! oacners or tne association this morning do not relish occupv'ng one position to dayunder the hacking law and a pos sible other position two or three months from now as would be the case if the Commissioners sought to bring us under public utility control." BEGINS BFFOR HIGHEST COURT JITNEY BUS COMPANY NOW MARKING fll Excise Board Defended By Gen. Smith Before Senate Investigators President Declares Body Has Always Tried to Do Scant Injury to AnyoneCongressmen Have Interested Themselves. - The action of the Excise Board was vigorously defended by Rob ert G. Smith, president of the board, before the Senate committee in vestigating the conduct of the board, at the Capitol today. The offi cial declared that the board was actuated by a desire to do the least injury to any one in granting saloon licenses. He stoutlv maintained that the law, as interpreted by the board, has been followed carefully and correctly. General Smith acknowledged that Senators and Congressmen had interested themselves in behalf of applicants for saloon licenses. RECEIVED LETTERS FROM SOLONS. He said the board had received letters and verbal messages from legislators in support of certain applicants. He could not recall the names of any official men, nor say positively that the let ters were preserved. Ho said he would furnish the letters If they wero Ir. the records of the board. Sergeant Catts and Detective Howes, of the vice squad, told the committee that certain hotel summer gardens catered to "a disreputable class of men and "women," the Grand Hotel, the Philadelphia House, and Marks' Hotel being characterized as the "worst In town." Both officials told of remov ing unmarried men and women from the Tremont Hotel. Dr. John T. Cole. 820 H street north east, told the committee of protesting to the Kxcise Board against the sa loon next door to his home. He said that during the hearings befote the board for a renewal of this license the lieutenant and captain of the po lice precinct in the neighborhood praised the saloon "as though It was the University Club or the Waldorf Astoria." He recalled efforts he made to get an nudlece with Joseph Sheehy when the latter was chairman of the board and declared that Sheehy used abusive language. He said he protested to Senator Jones on Friday and that the next Tuesday Sheehy resigned. Commissioner Newman was present for a brief period during the Examina tion of General Smith. Mrs. Kmma Sun tord Shelton, president of flic District W. C. T. U., and other women Inter CONVICT FREED TO FACE FOUR CHARGES Winston Manning Brought From Ohio Reformatory to Be Tried Here. Met at the gates of the Ohio State Beformatory, swung open to make him a free man, by Central Office Detective Guv Burllngame, Winston Manning, twenty-three years old, was immediate ly rearrested, to be returned to Wash ington today to stand trial on four charges of forgery. Ho had Just fin ished serving a seventeen-month term for forgery In Toledo, Ohio. "I had looked forward to being free and starting things all over again In the right -way," said the young prisoner. Manning told the police that he thought the charges made against him hero three years ago would have been for gotten. "Well. I'll do my time for this offense, and then I can begin right," said the prisoner, dolefully. Attorney Fulton Pleads Not Guilty Court Strikes Out Plea of Abate ment As Lawyer Faces Three Charges of Embezzlement. Attorney Creed M. Fulton, charged In three Indictments with embezzlement, pleaded not guilty before Chief Justice Covington In Criminal Court No. 1 to day, alter the court ordered stricken out a plea of abatement filed by the defendant. It was set forth In the plea or abate ment that the Indictment had been Im properly returned, one of the reasons being that the grand 1ury did not near the testimony of rertaln witnesses, who, Mr. Fulton claimed, would have estab lished the Innocence of the defendant. District Attorney Luskey charged that the attack on the Indictment waa In violation of an agreement he made with Mr. Fulton that he would not be ar raigned until tho dato of the trial. Mr. Fulton acted as his own attorney todav. but Attorney Wilton J. Lam bert will defend him at the trial, which will begin next Monday. IN .CONGRESS TODAY. SENATE. Met at 11. Excise Hoard hear'ng before special committee is continued. Agricultural approprlut'on bill under discussion. Talk of special besslou of Senate being held nfter March 4 to consider nomi nations and treaties. Executive pension held to consider a lone 1'st of postofflce and other nomi nations. IIOl'SE. House met at 11 o'clock Considered iiinferonce report on r.ca men's bill Reached ngieement to consider gencnl dellolency bill after disposing of sea men's measure. ested In temperance, were present, a well as numerous clergymen and saloon keepers. Quizzed About Hibbs. General Smith waa first questioned on the matter of Inspector Hlbbs do ing clerical work and falling to Inspect saloons since- November 1, 1914. General Smith explained that the clerical work performed by Mr. Hlbbs was necessary and was too great in quantity for the board's one clerk. He said It would be difficult to procure a clerk and stenographer for the salary of $1,600. Concerning the failure of Inspector Hlbbs to inspect saloons. General Smith said the board Itself kept In close touch with the conditions In District saloons, and had done much Inspecting, but none since November 1. Asked by Senator Jones what saloons In Seventh street were Inspected by the board, the witness could not specify In what places the Inspection was made. He said the board had made a clerk out of the In spector. Explaining the measurements made by the board of saloons near churches, schools, and colleges. General Smith said the plan was to consider the right angle courso starting at the middle of the side walk and proceeding In a direct line to the door of a church or school. He said the board "turned square corners," rather than going "diagonally," thus following the police regulations governing the pedestrian on sidewalk or street. He said where a proposed saloon was only 401 feet from a church or school, the board refused the license. (Continued on Tenth Pace.) PIUTES' SIEGE HELD T Indian Agents Try to Persuade Renegades to Arrange for a Truce. DOLORES, Col.. Feb. 2B. Additional ammunition was expected to arrive at Bluff today for the posse under Mar shal Nebeker, engaged with the Piute ' Indians about that town. All arrangements are being made for another attack upon the rene gades, but the men will rest on their arms pending attempt of Indian agents to arrange a truce. Instructions have been received from Washington that every effort! must be made to persuade the Indians to surrender before another general ' assault Is attempted. Old Hoik and his son Tsene Gat, the latter wanted for murder, and the cause of the uprising, have again been located by the posse. They are said to be stronelv en- I trenched at Chief Posey's camp in L. D. Creel and Indian Agent Jenkins will endeavor to get in touch with the renegades toJay through friendly Utrs. FEDERAL INSURANCE Bureau Should Be Closed at Once to Prevent Loss,. He Tells House. Congressman Moore of Pennsylvania renewed his attack In the House today on the war risk Insurance bureau. He reiterated today a statement that the premiums on the steamers Evelyn and Carib ammounted to aproxlmately $20,000. and this government stands to I lose more than J600.000. "The war risk Insurance bureau," said Mr. Moore, "has collected premiums amounting to $1,500,000, and for these premiums It assumes obligations of $55,- . noo.OCO. Some of the cargoes Insured have arrived Fafely, but still the Gov ernment stands to lose tremendously. The niaxlmun of possible loss by the' bureau on tho steamers Evelyn and Carlh Is fC9,103. and this Is more than covered by earned premiums, according to figures mnde public today. The total premiums reco'ved bv the bureau up to and including February "i. amounted to $l.NK.302.f. Of this sum $752,041.17 has actually been earned and all risks released. The total Insurance so far written by the bureau amounts to ln8,64S.OK4, and these two vessel are the first loss. The bureau has an appropriation of J.V fworrt available for the paymont of Ioksch, and there is no possib'llty of a t-uspenslon of hus'ness. Imported I.a Carolina Cherutos, 10c. omsUUog nw from Cuba try them. Adv. UP AS ENVOYS MEE i I CAPT. BOY-ED J GERMAN AIDE, MUST EXPLAIN SPY'S CHARGES President and State Depart ment Consider Passport Case One of Gravest Since War Began. Department of Justice Agents, Who Unearthed Alleged Plot, Expect to Make Wholesale Arrests Soon. President Wilson and officials of the Departments of State and Jus tice are giving gravest considera tion today to the charges connect ing the name of Captain Boy-Ed, naval attache of the German em bassy, with an alleged plot to equip German citizens with Ameri can passports and send them to England as spies. If the charges made by Richard P. Stegler, now under arrest in New York, that he was aided by Captain Boy-Ed in obtaining forged passports from the State Department are substantiated by the Department of Justice, it was authoritatively stated today, Boy Ed's recall will be demanded by this Government, and Germany will be asked to make a prompt ex planation. The situation is regarded as the most serious international compli cation ever rising in connection with the war, in that the charges now made place the United States in the position of giving official aid to Germany in the outfitting of spies. Would Mean Protest. Proof that officials of the German embassy were involved in negotiations of this character would constitute a gravo breath of diplomatic conduct, of ficials pointed out ,and would call for a prompt prOotest from this Uoern ment. Secretary of State Bryan today re fused absolutely to discuss the passport situation. He said the matter as In the hands of the Department of Justlc. Assistant Attorney General Warren and A. Bruce Blelarkl. chief of tho Bureau of Investigation, have been in a con sultation with Stato Department of ficials, however, and have acquainted the departme.it with all the develop ments. At the German embassy it was de (Contlnued on Tenth Pae.) NATIOlOfiE THREATENING ITALY ROME, Feb. 25.-A national strike Is threatened in Italy. Owing to the eco nomic crisis brought about by the war and the higher cost of bread a general strike was declared at Naples on Wed nesday. The Socialists and the leaders of the trades unions are co-operating in the movement. About 8,000 men were Idle In Naples today. The strike threatens to extend to the railway lines. Already some of the roads nave been crippled by the walk out In the Industrial plants. Troops are patrolling the streets in Naples for fear of an outbreak. V Leo. M. Frank's Own Story In the State of Georgia there still exists common law that gives a man accused of a crime the right to tell his own story without taking the oath. The prisoner makes his statement in his own way, without interruption or subsequent cross-examination. Under these conditions Leo M. Frank took the stand near the close of his trial. His story was almost as dramatic as that told by Jim Conley, his accuser. The statement as he made it will be printed Next Sunday, February 28th IN THE WASHINGTON TIMES FIRST WEEK'S VICTIMS OF GERMAN SUBMARINES. The following vessels are officially admitted to have been attacked by German torpedoes or sunk by mines since the German "war zone" decree went into effect one week ago today: Feb. 19 Norwegian steamer Belridge, torpedoed in Channel. Feb. 19 French steamer Dinorah, torpedoed in Channel. Feb. 20 British steamer Cambank, torpedoed in Irish Sea. Feb. 20 British steamer Downshire, sunk by bomb placed by German submarine in Irish Sea. Feb. 23 Norwegian steamer Regin, torpedoed in Channel. Feb. 23 British collier Branksome Chine, torpedoed in Channel. Feb. 23 British steamer Oakby, torpedoed in Channel. Feb. 24 British steamer Harpalion, torpedoed in Channel. Feb. 24 British steamer Rio Parana, torpedoed in Channel. Feb. 24 British steamer Deptford, torpedoed or mined in North Sea. Feb. 24 British steamer Western Coast, torpedoed or mined in Channel. In addition to vessels torpedoed or sunk by mines in British waters, the American steamers Carib and Evelyn have been sunk by mines in the North Sea. Loss of at least three other steamers has been unofficially reported. Unofficial reports declare that at least three German submarines have been sunk. LOSES $25,000 SUIT, BUT II GET JOB Injured Boiler Cleaner, Deprived of Damages From District, to Find Position. A verdict In favor of the District of Columbia was returned by a Jury before Justice Gould In Circuit Court No. 1 today In the suit of Walter P. Flagg. who sued for $15,000 damages aa a re sult of Injuries to his skttll which were received In the explosion of a boiler tube at the Trumbull pumping station, Fourth and Bryant streets northwest, October 6, k 1910. Flagg, who was a boiler cleaner, claimed that there had been negligence on the part of the District Inspectors. At the first trial of the case In March, 1913, Flagg was awarded a verdict for $20,000 damages, but a new trial was granted. Corporation Counsel Conrad H. Syme and Assistant Corporation Counsel Roger J. Whlteford appeared for the District In tho second trial. Kollowtng the verdict today Mr. Svme and Mr. Whltford went to W. A. McFarland, superintendent of the water department, with the request that a place be found for Flagg. for whom they both expressed the deepest sym pathy. Numerous congratulations were re ceived by Mr. Syme nnd Mr. Whltford at the District building todav on their conduct of the case, the general im pression having been that the verdict would bo against the District. TO AQUEDUCT BRIDGE Plans for Improving the approaches to the Virginia side of Aqueduct Bridge have been held up by a decision of Judge Advocate General Crowder that the District Commissioners and not the War Department have Jurisdiction over the public land In question. Objections had been raised by the Great Falls and Old Dominion and the Washington utilities companies to the proposed Improvement, which had been recommended by Secretary Garrison on the recommendation of army engineers, assuming that the War Department had supervision over the five acres of land In the reservation south of the bridge. When the matter was taken before the Judge Advocate General he held that when the War Department trans ferred Jurisdiction over the bridge It also transferred Jurisdiction over the approaches to the bldge. The plan of improvement was design ed to rel'eve congestion at the Rosslyn end of the bridge by removing the tracks outside the sidewalk spaces and the widening and Improving of roadway and walks. It also was planned to re place the present stations with more modern buildings. HOLDS UP REPAIRS 'KING OF THE HOBOES' APPEALS TO WILSON Jeff Davis Asks Repeal of Va grancy Laws and Irrigation Jobs for Unemployed. "Jeff" Davis. "King of the Hoboes," and president of the International Itinerant Workers' Union, todav ap pealed to President Wilson to do two things In behalf of the hohoe of the lat.d: First, to urge Congress to bring about a reeal of the vagrancy laws. Second, to authorize the Secretary of the Interior to employ the unemployed on Irrigation projects lo Arizona and to permit these workers to take out homestead papers. "When it waa explained to "the king" that Concrejin hart nn Itirlvrlirtlnn nvop I the vagrancy laws, which were, products .of State legislation. Davis exclaimed: I "That may be true, but the Inter ! state Commerce Commission, a creature ' of Congress, has Jurisdiction over In terstate trarnc. and there Is nothing that engages In Interstate traffic mora than the hobo." Signed By Thousands. Regarding the Irrigation work pro posal, which waa presented by Davis to the President In the form of a petition signed by thousands of hoboes, the President referred Davis to the Assist ant Secretary of tho Interior. Davis comes to Washington from New York and Philadelphia, where he baa been active In organizing "hotels de gink," where men out of work may find fcod and shelter. His Interview with the President took place in the door way leading Into the President's office. The President shook handa with Davis cordially. "Ho'i some fine guy," said the "King of tho Hoboss" as he left tho White House for the Department of the In terior. Davis waa presented to the President by Congressman Buchanan of Illinois, who also presented a delegation repre sent!! g the metal trades, building, and machinist departments of the American Federation of Labor. Tho delegation urged the President to suspend an executive order which, the delegation said, by requ'rlng labor ers on tho Canal Zone to pay rents, light, and heat, cut In on their wages. The President referred the delegation to Secretary of War Garrison. EXPECTING ATTACK Government Records and Crown Jewels Moved to Interior, and Families Prepare to Flee ATHENS, Feb. 25 Turkey Is making all preparations for an expected attack upon Constantinople, according to dis patches from the Turkish capital to day. All the government records and the crown Jewels have been removed from Constantinople to tho Interior. In ex pectation of a combined attack by the Anglo-French fleet trying to force tho Dardanelles, and the Russians in tho Flack Sea region. Many families In Constantinople have made arrangements to flee to tho Interior on short notice. The report that Russian transports are about to embark with troops for an invasion of Turkey and an attack on Constantinople has caused great alarm. Turkish submarines are dlspholng the greatest activity off the Bosphorua, pre-I paring to meet the transports, J i Congressman's Brother j Urged for Recordership i Congressman Trlbble of Georgia to-1 day recommended to President Wilson I the appointment of Frank Hell, of Athens, Ga., brother of Congressman I Thomas Hell, of that State, as recorder of deeds here. , Although the President did not ex press himself definitely, Mr. Trlbble1 aid he waa encouraged. CONSTANTINOPLE IS WILSON AWAITS NATIONS' REPLY TO "HUNGER" THREAT Great Britain and Germany Offer No Inti mation That Food Embargo Threat Will Force Change of Plans In Submarine Warfare. NOTE TO ENVOY AT Grew of Collier Sunk in North Sea Brought to Port After Vessel Is Sent Down by Torpedo From German Submarine Undersea Craft Active. LONDON, Feb. 25. The British steamer Western Coast was mined or torpedoed off Beachy Head yesterday. Her crew and passengers were land ed at Portsmouth today. The crew of the collier Deptford, torpedoed in the North Sea off Scarborough, reached port today. The Deptford is the first British steamer sunk in the North Sea since the established a week ago. Administration officials today are still eagerly await ing the results of negotiations started by President Wilson with the foreign offices in England and Germany looking to relief for American commerce from the mine and subA. marine dangers of the war zone area. Although newspapers in Germany and England are freely discussing the proposal of the United States to un dertake the supervision of food distribution in Germany in order to bring about a modification of the German war zone decree, nothing in the nature of official responses were received today at the State Departmnt. The United States may call hunger as her ally to bring England and Germany to halt their submarine warfare now threatening American commerce is hinted today. There is no intimation that England's attitude will be changed by the threat of an embargo. Sponsors for the suggestion declared the President would lay an airtight embargo on exportation of foodstuffs to both the allies and Germany unless all parties involved yield to America's latest suggestions. MAINTAIN In the meantime White House and State Department officials, under ord ers from the President, are maintaining the strictest silence regarding these ne gotiations. Secretary of State Bryan, apparently, with the desire of escaping embarrassing auestlons, spent the morn ing driving. The President declined to discuss tho situation at all with call ers. At the Navy Department there ts considerable disappointment manifested over the failure to receive from Com mander Gherardl, naval attache at Berlin, the full report expected from him on the destruction of the American steamers Evelyn and Carib. A cable gram sent him by way of Rome, urging him to report, has remained undeliver ed, according to the statement of cs.ble officials. Whether It was held up at any point by censors Is not known. In another effort to get In touch with the officer, the department sent a wire less message to him today by way of the Tuckerton station in New Jersey. As no report has been received on this. It Is assumed that the second message has gone through all right. Pretext for Embargo. Mayor Mltchel, of New York, and others claimed that a food embargo is needed for domestic reasons; hence It could be applied on that pretext without drawing the United States into the Eu ropean struggle. At the same time Its effect. It is be lieved, would be that both nations would hastily grant American demands, and give absolute Immunity to American ships. Moreover, peace advocates held that. In addition to forcing Immunity far American commerce, a war would hasten the end of the struggle. Some officials, however, profess to be lieve stringent action by this Govern ment will not be necessary. They claim to see a ray of light In overnight de velopments abroad. Kngland has presented to her allies the American request for reaching some agreement whereby food can be shipped Into Germany, with Us distribution supervised by American officials. Uer many, too. Is reported willing to relax Its submalrne warfare under terms of America's proposals. While unanimous consent of the al lies Is necessary to complete the food stuffs agreement, officials here behave that th's ultimately will come. Whether or not the embargo hint was "inspired" Is not known, but authorl Uu admit that the mere suggestion BERLIN DELAYED German a war zone was M SILENCE. may strike fear to the allies' hearts, and force them to yield at!?,?1""6" thP lnvMUMtlo into de struction of the Carib and Evelyn ifl Proceeding. Administration oltleia " uweh T1 8UITlclent Information on which to predicate a statement as to whether or not the vessels met thlr tato by deviating from prescribed courses, although their lorelgn advices suggest this is true. Officials' chlet worry todav Is that continued deotructlon of ships In Ger many's death zone will frighten Amer ican shippers to such an extent that It will virtually paralyzo American com merce. This spirit is aheady reflected in th Government War Risk Bureau, which cerStaSiUn8,,VJcd temrlly Insurance tS certain European ports, and has raise considerably its rates on business t2 The.'" ,l!er P?rU Bround the " ta ine State Department today an. nounced thut no advices had been w! celved trom either Ambassador Pago It tendon or Amhassaaor Gerard at Ber lin, concerning the United .States' 7m. posals to Bngiand and Germany l i-orelgn interference with messages ooniay?US'OCtCd "" ne ot th c"u"3 o .vcietary pf tho Navy Daniels said ho had received no acknowledgment of his original instructions, and he believed that Interruption In transmission' hail fueBwlln Ul" Ue"Very f U,e m"" Safety Lanes Through Which American Ships Can Pass Are Defined Safety lanes through which American ships can reach German ports we its de fined by the German embassy hero to day. This Information was given to Senator Hoke Smith or Georgia in con ference at tho embassy concerning tho American steamship Cans, destroyed Detallefl directions relative to the safety lanes were at once telegraphed to the Carlb's owners. In Savannah, that another vessel thev own, now on Us w'.V to Bremen, might be ordered by wireless to follow them. At the embassy Senutor Smith was told the carib must huvc deviated rrom the proper route, inasmuch as it e -dentlv had pass-d the point where it should have taken on n Ionium pilot Senator Smith also communicated 10 the Stato Department the Carlo's own ers' request that everything posslbl ba dona for the crew at their expense.