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The Washington times. [volume] (Washington [D.C.]) 1902-1939, February 25, 1915, HOME EDITION, Image 1

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Weather Forecast:
Fair Tonight and
NUMBER 8450.
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
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."
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.
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
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
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
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.
Met at 11.
Excise Hoard hear'ng before special
committee is continued.
Agricultural approprlut'on bill under
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.)
Indian Agents Try to Persuade
Renegades to Arrange for a
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
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.
i I
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
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.)
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.
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
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
Feb. 24 British steamer Western Coast, torpedoed or mined in
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,
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
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.
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.
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
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
"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.
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
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.
Great Britain and Germany Offer No Inti
mation That Food Embargo Threat
Will Force Change of Plans In
Submarine Warfare.
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.
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
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
war zone was
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.

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