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The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, August 14, 1913, Image 1

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Senators Still Firm in Belief
That Clayton’s Appoint
ment Was Made Without
Officials Charge That Governor
O'Neal's Action May ltender Futile
Struggle of Democraic Party for
Past Sixteen Years
Washington, August 18.—(Special.!
The oppolnlmcnt of Henry l>. Clay
ton to succeed Senator Johnston Is u
popular one so fnr as Mr. f'la> ton is
concerned personally, but In view of
the fact that Governor 0*0 en I mnde
the appointment without the consent
of the legislature It la the consensus
of opinion aiming the democratic sen
ators here that Mr. Clayton will not
be seated.
Senators will not talk for direct quo
tation now In view of the fact that
they must act in a Judicial capacity.
But privately they unanimuusly ex
jfiens the opinion that there is not a
chance for the judiciary committee »to
b© reversed and Mr. Clayton allowed
to take his seat In the Senate.
As the matter Htands the general
opinion is that Alabama will be with
out its full quota in the Senate unless
the governor will acceed to pressure
and public demand and call the leg
islature in a special session and get
its authority for the appointment al
ready made.
With Senator Culberson dangerously
ill at a sanitarium In Connecticut,
wljere oven if he recovers—the most
sanguine do not expect him to do so
in time to vote on the tariff bill—
it is freely observed here today that
llovernor U‘Neal in not following the
unanimous advice of the democrats in
the Senate as expressed to him by Sen
ator Overman, has endangered the tar
iff bill and may render the struggle j
□f ihe democratic party for the past
lb years futile. 0
If Governor O’Neal refuses to call
the legislature together so as to make
ills appointment of Mr. Clayton legal,
tind It becomes certain as It now seems
to be that Senator Culberson cannot'
be present to vote upon the taiiff bill,
ihere will be only one course open fori
the democrats in the .Senate, suggested t
une senator today, and that will be
to take recess until such time as a
senator from Alabama can be legally
appointed or Senator Culberson can I
return to his post. In the meantime I
the opinion is that if O’Neal stands]
pat Alabama will be represented in
the .Senate is in a fever of excite- I
Hit election is held.
Senator Clayton is wanted in the |
Senate. Governor O'Neal's appointment i
IS highly approved as to the man. Also
the fcjenate is in a feve rof excite
ment over tile situation, but not a
single senator will admit that as pop
ular as Clayton is, and as expedient
as it may be that lie be seated, that
there is a ghost of a show for them
to dl> SO.
Even should the democrats reverso
themselves on the proposition, the re
publicans would liglit it tooth and nail.
In their tight alone would delay the'
seating of the senator even iJ the
democrats lined up solidly for doing so
for at least a month and rndkn him
useless to this party in its hof.r of
Stock Subscribed For
New York, August 13.—Members of the
syndicate organized to dispose of the
$88,000,000 of Southern Pacific stock owned
by the I’nion Pacific Railroad company,
announced today that the entire amount
had been more than twice subscribed
..... |
1—Naming of Clayton continues to be
subject of much discussion.
Alfalfa movement proving great suc
.Sulier and Glynn both claim gover
f—public willing to give railroads fair
8—Cower Peachtree committee makes
4—Editorial comment.
B— Commission hears ftarber and Percy.
Clayton here yesterday en route to
Press club rooms to lie spacious.
A 4nistaken action.
<1— Society. v
7— Sports.
8— Miss Warrington continues story.
•—Capital shocked by revelations in Sul
zer case.
11— Markets.
12— Marion ready for alfalfa meet.
Johnston’s Successor Leaves
for Washington to Present
Credentials Before jjjpe-'
Committee " c 1
l _
Anticipate That Election Will Be
Contested, But State Capitol Of
ficials Agree That Governor Acted
With Authority
Montgomery, August 13.—(Special.)
Henry D. Clayton, member of Congress
from the Third Alabama district and
chairman of the judiciary committee of
the House of Representatives, who was
appointed, yesterday afternoon to fill
the unexpired term of the late Senator
Jospeh F. Johnston of Birmingham, left j
tills morning for Washington by way
of Birmingham, and will reach the na
tional capital*by Thursday afternoon.
Senator Clayton bears with him his
commission which the governor con
ferred upon him when he appointed
him to the vacant senatorial seat, and
he will present his credentials imme
diately upon his arrival in Washing
ton. It is understood that no contest
will be entered against Senator Clay
ton until the Senate committee on privi
leges and elections has investigated
his credentials.
Carefully Investigated
The impression obtains very gener
ally in official circles here that the
new appointee will be seated, although
it is anticipated that his election will
be contested. The question of the right
of the governor to name the late Sen
ator Johnston's successor was carefully
investigated by practically all of the
constitutional lawyers in Montgomery,
and they all agreed that the governor
had this right. Among the able consti
tutional lawyers who investigated the
question and gave the governor an un
official opinion was Maj. William A.
Gunter, who declared that in his mind
there was little doubt of the govern
or's authority to appoint. Major Gun
ter is considered one of the most bril
liant constitutional lawyers in the
state, and his opinions alwrays carry
exceptional weight.
The question was also investigated by
practically «J1 of the members Of twa
supreme and appellate courts who are
in Montgomery, and they too agreed
that the governor could appoint.
in the opinion of Goveronor O'Neal
there was absilutely no doubt of his
right to appoint a successor to Sena
tor Johnston, and, he believes the ap
pointment will he confirmed.
Tlie appointment of Congressman
Clayton to the vacant seat in the
United States Senate has given univer
sal satisfaction in Montgomery, and
the governor is believed to have made
a wise selection.
Receives Many Telegrams
Since the appointment of Congressman
eft vton was announced the governor has
received scores of telegrams from va
rious parts of the state complimenting
him on a ctfoice of a successor to Sen
ator Johnston, and all reports that have
reached the capitol have been to the ef
fect that the appointment has given most
general satisfaction.
The governor has not received any word
from Washington since he announced the j
appointment, nor did lie receive any tele
grams from the national capital yester
day. So far the governor knows the
report that Sena ten Kern had telegraphed
him on Tuesday urging him to call a spe
cial session of the legislature to grant
him authority to name a senator ad in
terim was untrue. The governor was in
formed immediately after he announced
the appointment that a second telegram
had been sent him from Washington, but
the executive declared he bad not re
ceived it.
Will Call Election in Third District
Governor O'Neal announced today that
he would call a special election in the
Third congressional district to elect a suc
cessor to Congressman Clayton just as
soon as the latter has been seated in the
Senate. He anticipates that there will
probably be a delay of 10 days or two
weeks before the situation is adjusted
in Washington, but believes that ultimate- j
ly the appointment will be confirmed.
The governor will then immediately or
der a special election in the Third district
to be held some time In September or
October, or as soon thereafter us one
can be legally called.
Already there are several candidates in
the field. Among those most prominently
mentioned are Henry M. Stegall of Ozark,
solicitor of the Third judicial circuit;
Byrd G. Farmer of Dothan, also men
tioned as a probable candidate for gov
ernor: Charles S. McDowell of Eufaula
and Judge Mike Sollic of Ozark, judge
of the Third circuit.
There seems to be considerable doubt
In official circles as to Judge Sollie s
eligibility to run for Congress. Inasmuch
as there is a constitutional Inhibition
against a judicial officer running for a
public office, except a judicial one, dur
ing the term for which he hail been
elected judge. It was pretty generally
agreed among lawyers at the capitol
(Continued on Pnge Twelve)
Attempts to Defend Son From Attacks of the Prosecution.
Leaves Court Room Much Agitated^-Story
.of Tragedy Re-enacted.
Atlanta. August 13.—Mrs. Roe Frank,
Mother of the defendant, caused a corn
notion during the trial of Leo Frank
ate today when she attempted to defend
ter son from the attacks of the prosecu
lon. Solicitor General Dorsey, cross ex
irrining J. A. Jones, a character witness,
Lsked whether the witness had heard that
“rank had conducted himself Improperly
rith women in his office. Mrs. Frank
urned to the solicitor general and ex
claimed: "No, and you didn’t, either."*'
Attorneys for the defense admonished
Mrs. Fiank that if she remained In court
she must expect to hear accusations
against the character of her son. 8he
thin left tiie court room, apparently much
I taring the afternoon session Judge
Koan permitted witnesses for the defense
who re-enacted the story of the tragedy
as told by the negro Conley to tell how j
long It took them. This testimony was •
introduced with the Intention of showing I
that Conley could not have done all lie I
paid he did In the time claimed.
( ~rt/£LL t1ANG
^ ( /£ 77//G /f/A/'r GO'* ' ?
I 4 x/rr*t£ y'Go J
( w/r" r/") r ^
'Art'TG^'Sr'^D ■'.' )
Experts Well Received in
Demopolis, Faunsdale
and Uniontown
"Alfalfa King" Wing and Professor
Holden of Iowa Tell Perry Farm
ers How to Raise Alfalfa.
At (ireensboro Tonight
i’niontown, August lit.-—(Special.t
The Alabama alfalfa movement Is on
the move anil landed tonight full
grown and very active In this little
black belt prairie town. Here tonight
"Alfalfa King” Joe Wing and Prof. P.
G. Holden of Iowa told a large crowd
of Perry county farmers how to raise
alfalfa and hereby enrlgh themselves
and their lands. After tlie speaking
there was a barbecue supper In the open
air at 10 o’clock and the crowd then
broke up for the night.
The hospitality of the citizens of
I’nlontown and surrounding neighbor
hood was so great that they ordered
tlie hotel closed up when the automo
bile train arrived. Each guest was reg
istered and they were alloted to dif
ferent homes to spend the night. The
automobile train will form again at 7
o'clock tomorrow morning and leave
for Marion.
An Enormous Success
The Alabama alfalfa movement was
launched at Demopolis tills morning
and proved an enormous success. After
the first auto trip through the plan
tations of half a dozen of the biggest
farmers surrounding Demopolis ' the
speaking was held on an alfalfa plat
form in the public square. The entire
town of Demopolis was decorated with
alfalfa hut the platform In the square
was decidedly unique, it being made
completely of hales of alfalfa, the seats
were made of alfalfa, Bteps leading up
to the platform were of alfalfa and tlie
entire park of a couple of acres was
carpeted with a soft layer of new
mown alfalfa.
Experts Roach Faunsdale
After the barbecue at Demopolis the
automohile train got under way again
at 2 o'clock and headed east for Fauns
dale. A feature of the trip this after
noon from Demopolis to tills town wap
the "Governor's special,” a car driven
by John Webb, one of the biggest land
owners and alfalfa growers of the
Demopolis district, anil containing
Commissioner of Agriculture Ft. E.
Kolb, Marengo County Commissioner
Wilson and Sam Fowlkes of Birmlng
hpm. The special left Demopolis the
last car and pulled Into both Fauns
dale and,. Fnlontown the first car, pass
ing everir car on the road. Mr. Webb
itwns three cars but he was driving
a Fdtti anil he Is "some chauffeur."
At F&uBsilale Captain Kolb and A. F.
Grout, an Illipols alfalfa grower, made
tlie two speeches. Captain Kolb told
about the value rtf Alabama land, what
It would tin if properly treated and cul
tivated and some of the things It ha.l
done, saying that Alabama had pro
duced more corn to the acre than any
of the states from which the northern
expertpwere from, but that tlie trou
ble here was that st* h tilings were
(Cpatlsoed «■ Page Twelve)
rK&blU&LM l HU&K I A Ai\D
Mexico City, August 13.—A stack of call
ing cards on the table In the apartment
of John Lind, President Wilson's personal
representative in Mexico, beats testimony
i.f the efforts thaj are bring made o give
advice to Mr. Lind or get from him ad
vance information as to the character
of the much discussed message he bears
to President Huerta. Mr. IJnd receives
the advice offered by his callers, but they
go away without any Information aud
usually with the Impression that their ad
vice will be pigeon holed.
Mr. Lind is not talking. He saw no
Mexican officials today aud If progress
has been made ir^ the negotiations be
tween the two countries no news of it
became public, as the Alexiin officials
are tv<n more secretive than those at
Washington, or Mr. Lind,
Mr. Wilson’s representative did noth
ing more today than visit rhe American
embassy and talk with X- ison O'Shaugh
nessy. the charge c’afTW'*. aside from
replying to messagt s from tiie state de
partment. The importance of these mes
sages or of the conference at the embassy
is ’unknown.
There is a feeling tonight that Presi
dent Huerta and Mr. Idnd may meet to
morrow'. If th^y do there is every rea
son to believe an attempt will be made
1 to keep the fact a secret.
,,,_. . ^,r.,
i _
| Former Governor of Cam
peche Released on $10,000
Bond — Explains
New Orleans, August 13.—What was
considered a delicate situation between
the Unietd States and Mexico was
somewhat cleared here today when Em
manuel C. Brito, former governor of
the Mexican state of Campeche, ar
rested on charges of murder and rob
bery In Mexico, was released on bond
of |10,000. It was stipulated that Brito
was to report every day to the United
States marshal here for 40 days, the
time given in a treaty with Mexico for
that government to produce proof of
Brito does not deny that he Hilled
one of Huerta’s men when he came to
arrest him, but argues that as it was
done In time of war, it is a political of
fense and not extradictable. He was
arrested on instructions of Attorney
General McReynolds several days ago.
The federal district attorney liere today
received a message from Mr. McRey
nolds advising that Brito be allowed
Iwoath to Give Bail
United States Commissioner Arthur
Browne was not Inclined at first to
allow bail, saying he would be gov
erned entirely by his interpretation of
law. After the attorneys for Brito hau
argued that the Mexican was arrested
on instructions from the Attorney Gen
eral when the Huerta government was
not formally recognised by the United
States and that Mr. McReynoAds had in
turn advised allowing boftd, the com
missioner agreed to accept the bond.
Brito’s release came soon after he
had learned that Mexican fed-3rals had
raided his ranch in Campeche and de
stroyed all buildings and drove off his
live stock. He also learned that the
federal? had taken his daughter by
his first wife a prisoner. His second
wife is with him here. Brito says his
arrest was not in good faith and
charges that the Huerta government
did not intend to try to prove him guil
ty but that it was done to keep him
from joining Carranzo in nortntffn Mex
New Interpretation
* Washington. August 13.—A new inter
pretation of the extradition treaty with
Mexico was established today by Attorney
General McReynolds in ordering the re
lease under $10,000 ball of Emanuel C.
Brito, provisional governor of PHmpeche,
Mexico, who was being held at New Or
4C«bUb«M mi Paso 7Vlaa»jL
I " “ TAKE
President Is Incensed Over
Statement Given Out by
Former Ambassador
to Mexico
Washington. August f3.—The United
States government has informally
sounded the powers and learned that for
eign governments generally will do
nothing to embarrass the, peace policy
of President Wilson toward Mexico and
are inclined to support it.
Henry Lane Wilson, whose resignation
as ambassador to Mexico recently was
accepted to take effect October ]4. is
sued a statement today attacking the
reported statement of the Briish for
eign office that recognition of the Huerta
government had been extended after he
ivd made “a congratulatory speech” to
the provisional president.
President Wilson read the ambassador's
statement and was so incensed at its tone
and contents that lie promptly requested
Secretary Bryan to ascertain through tho
British embassy here whether the utter
ance of the British foreign office as
reported was correct, and tonight the dis
missal of Ambassador Wilson by sum
mary acceptance of his resignation to
take effect Immediately was under con
sideration by the administration.
^ These were the developments of the day
here in the Mexican situation, while dis
patches from John Lind, personal repre
sentative in Mexico of President Wilson,
indicated that he was in personal touch
with Prederico (iamhoa, Mexican minister
of foreign affairs, and was preparing to
submit the representation* of the United
States on the restoration of peace in
Chief interest centered tonight in the
administration attitude toward Ambassa
dor Wilson's remarks concerning the
British government and the information
that European governments were dis
posed to lend their moral support to
President Wilson s policy.
It was learned that many of the for
eign governments feel the Mexican prob
lem to be peculiarly within the province
of American diplomacy and though they
may take no affirmative action, they will
not Interfere with the peace programme
f.»* a constitutionally established govern
ment through which President Wilson be
lieves all foreign interests ultimately can
best he conserved.
The American government has learned
I some of these things only fiy indirection.
tContlBued on Page Mae)
Impeachment of Governor
by thg General Assembly
Causes Serious Legal Con
Clash Expected Today When Both
Men Attempt to Assume Authority.
Both Factions Cite Constitution to
Uphold Claims
* ♦
4 ♦
4 In all the United States only •
4 seven governors, besides Gover- 4
4 nor Sulzer of New York, have *
* faced impeachment proceedings. 4
4 These men and the results that 4
4 followed were: 4
4 Charles Robinson, Kansas, 4
4 1862, acquitted: Harrison Reed, 4
4 Florida, 1862, charges dropped; 4
4 William W. Holden, North Car- *
4 olina, 1870, removed; Powell 4
4 Clayton, Arkansas, 1871, charges 4
4 suspended; David Butler, Ne- 4
4 hraska, 1871, removed: Henry C. 4
4 Warmeth, Louisiana, 1872, term •
4 expired and proceedings were 4
4 dropped; Adelbert Ames, Missis- 4
4 aippl, 1876. resigned. 4
4 4
A Ilian,v. August 13.—With Governor
I Sulner Impeached by the assembly and
| the date of IiIm trial before die senate
and tlie Judge" of the court of appeal*
lived for September IS, n "peetnole w-hn
presented tonight of two %n»cii elnlni
ing to be governor of the "tnte of New
\ ork.
As soon as the articles of Impeachment
adopted at an early hour this morning
by the democratic majority in the assem
bly were presented to the Senate, shortly
after 3 o’clock this afternoon, Lieuten
ant Governor Martin H. Glynn announced
hie intention of occupying the executive
Friends of Governor Sulzer declared that
the governor intended to continue in of
fice and would use every weapon in his
power to maintain his position on the
ground that the assembly had no consti
tutional right to consider 4mpeachment
at its extraordinary session.
Some asserted that the governor would
go so far as to summon military protec
tion if necessary to prevent the lieuten
ant governor from occupying tlie execu
tive chamber.
Judge D. Cady Herrick, who will act as
chief counsel for tlie governor at his trial,
said tonight that "talk of resort to force
Is the merest rot."
"He will meet the charges against him
in an orderly and dignified way,” said
Judge Herrick, "and will do nothing un
becoming the dignity of the state, lit*
will engage in no physical scramble to
assert Ills rights to discharge the func
tions of tlie office governor."
The governor himself was silent. When
at t> o’clock tonight he left Ids office
in the capitol where lie had been closeted
the entire day and he was asked If he
expected to return tomorrow.
"Yes, si'ree,’’ he replied in ungry tones.
So far as could be learned, no attempt
was made by IJeutenant Governor Glynn
in any way to exercise tlie functions of
chief executive today, but there was every
indications that timre would lie a dash
of authority tomorrow when both men
appear at the caplto).
The lieutenant governor would not indi
cate tonight what action lie proposed to
take except to say that there would be
"no circus or military maneuvers about
occupying the executive chamber; the law
is supreme.”
The inaction of i deuterium Governor
Glynn in the matter was in tlie face of
HTgumehtH given expression both in tho
Senate and in tlie assembly today that
at the moment the articles of impeach
ment were presented to the Seriate nov
el nor tlulzer automatically ceased to be
the chief executive.
This contention was based on an article
in the constitution, which says that "In j
j case of impeachment of the governor the
J powers and duties of tlie office shall de
| volve upon the lieutenant governor."
It was held by tlie majority leaders
that the word "impeachment’’ corres
ponded with the word "indictment’’ In
a criminal trial and that therefore, in
the meaning of the constitution, the
goyernor already stodd impeached even
though not yet convicted, and was,
therefore, not now eligible to hold his
These arguments were placed before
the lieutenant governor by the demo
cratic leaders early In the afternoon.
l*nt. nevertheless. Governor Sulser was
! not molested. A few minutes after tlie
governor left Ids office Patrick H. Mc
Cabe. clerk of tlie senate, appeared at
the executive chamber with n copy of
the articles of impeachment and a
summons and complaint which he in
tended to serve upon the governor.
When informed by the governor's sec
tion tinned on Page Nine*
Reports That Mrs. Sulzer
Would Give Out State
ment Yesterday Fails to
Claimed That Her Testimony Will
Go Far Toward Clearing the Gov
ernor of Charges Preferred—Policy
of Silence
Albany, N. Y., August 13.—Reports that
Mrs. Sulzer would give out a statement
setting forth the derails of her alleged,
use of Governor Sulzer's campaign check*
for stock speculation unknown to the
governor, did not materialize today.
Friends intimated that In view of the
fact that Mrs. Sulzer probably will be
called as a witness for the defense at
the trial what she may have to say will
be reserved until she takes the* witness
It was said her testimony will go far
toward clearing the governor of the
charges of misuse of campaign funds for
■deck speculation. Mrs. Sulzer was In the
care of physicians tonight and was ^aid
to he in a complete state of collapse f^om
the strain to which she has been se
lected. >
Mrs. Sulzer’s condition became so se
rious tonight that Governor Sulzer wired
to New York for a specialist on nervous
diseases. The governor then told his ad
visers, it was said by those who claimed
to have knowledge of what transpired at
the riight's'conference, that under no cir
cumstances would he allow Mrs. Sulzer
to testify at the trial. It was said, on
the other hand, that Mrs. Sulzer insisted,
hysterically, that she he allowed to testify
in her husband’s behalf.
Silence also will be tfle policy of the
governor until he appears at the bar, of
[he court of Impeachment.
"Counsel for Governor Sulzer," said
Judge Herrick tonight, "have no desire
Lo be Interviewed or try his case in the
newspapers, or to make statements in
his behalf. They have advised tlioyov*"
8*nor to retrain from making any slate
m*nt at present, likewise ids wife, Wo
have engaged in his defense not for Wil
liam Sulzer, but as a professional duly
to the governor of the state ami to pre
serve so far as it can now be preserved
the good name and fame of the state.
After an examination of Mr. Sulzer in
relation to the transactions disclosed by
the Frawley committee, we are satisfied
that there has been only a partial revela
tion of the facts so far and we are satis
fied that he has been guilty of no wilful
wrong doing. We ask the public In his
behalf for a suspension of judgment until
all the facts can be disclosed before the
proper tribunal and in an orderly way."
It is said that Mrs. Sillier will take the
stand if Mho has no other option. It is
now Claimed that she besought the gover
nor a week ago to permit her to tell her
story to the public.
What attitude Governor Sillier would
lake in this matter as well as toward the
ipiestion of vacating his office when the
senate should receive the articles of Im
peachment brought forth widespread di
vergencies of views among ills friends and
The majority leaders were reasonably
ertain, they said, that he would not at
tempt to continue to hold office but would
recognize what they asserted was the law
tnd give way to Lieutenant Governor
Louis Marshall, the governor's counsel,
Is quoted as placing a different interpreta
tion on the law.
According to the quoted expression of
Mr. Marshall’s views, the language of the
constitution is not clear on this point,
a.nd Governor Sulzer could give himself
the benefit of the doubt by refusing to
vacate the office.
Sentenced to Hang: in 1906, Man Liven
in Penitentiary While Case
Is Forgotten
San Francisco. August 13.—An over
sight has prolonged the life of August
Jobber two years. In 1908, just before
the big San Francisco fire, Geber was
convicted of the murder of Charles
Hartman and sentenced to be hanged.
Then came the holocaust which de
stroyed the records of Geber’s trial.
Geber had taken an appeal and he was
sent to San Quentin penitentiary to
n wait the outcome. The appeal was
dismissed In 1911, hut for some reason
nobody bothered about the resentencing
of Geber, so he has remained in San
T<idav George Hartman, whose son
was Geber’s victim, called th“ atten
tion of Superior Judge Dunn to the
slayer’s protracted tenure of life.
Geber was ordered to appear In court
Saturday and be resentenced to death.

i Skillfully Opened Face of Wealthy Farmer and Makes Incisions
on Throat—Frightened Nurse Brings Aid and
Physician Is Subdued.
i -
Marietta, O., August 13.—With the
commitment of Dr. R. D. Dabney to
an asylum today there came to light
the remarkable story that the sur -
, geo$'b mental disorder was first re
vealed when he undertook to perform
vivisection upon a patient who has sub
mitted to his knife.
Jacob P. Schaad, a wealthy farmer,
was the patient. Schaad had a growth
on his face which Dabney had assured
him could be removed by a minor op
eration for the abscess. Soon after the
surgeon began to wield the knife, ac
cording to the story of the attending
nurse, he skillfully laid open both sides
of Schaad's face and made incisions
in his throat.
The nurse, horrified, ran from the
room shrieking that Dr. Dabney was
killing his patient.
Other doctors w ho previously Dabney
had sent from the operating theatre
responded to find Dabney brandishing
Ids scalpel over his subject.
After a desperate struggle the sur
geou was subdued.

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