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o THE FARMER AND MECHANIC. 15 JO HMIII SWIARIE PRZENIYS j ATTACKS Ml CEASE FERTURE L BUTTLE " PLEA TO COMMUTE 1 I SEWTEWC C L Germany Puts Questions Up To United States As To Character Of Lusitania Before Re plying To Demands. Germans and Austrians Fight ing Desperately To Get Con trol of Fortress Will Endeavor To Prove That He Did Not fvlurder Phacan Girl ITALIANS MAKE HEADWAY SHOW CONLY DID IT CCIIMFQ THAT P pOOUIll-v 11111 Ul III CARRIED AMMUNITION KILL OF ALFRED The Throttling of Food Supplies and Other Conditional Con traband For Germany Are Recalled and The Govern ment Expresses The Desire To Know What Steps, If Any, Have Been Taken To In duce Great Britain To Em bark On Negotiations For Settlement; Expresses Re gret For Injuries Received Bv Americans in Submarine and Aeroplane Attacks Uy the Associated Press). Berlin, via London, May 29. The ;rman reply to the American note Hording the sinking of the Lusi lania was signed by Ilerr Von Jagow, l he foreign minister, at eleven o'clock lust night and delivered to Ambas sador Gerard this morning for trans mission to Washington. The note expresses Germany's re nt t for injuries sustained by Ameri cans as a result of submarine and aeroplane attacks, and offers com bination in cases in which Germany i found to be in the wrong. Defers Answer to Lusitania. As indicated previously in these dis pateher.. the note defers a direct an swer to the questions raised by Presi 1 nt Wilson, pending a further ex change of views. Germany desires 10 stuhlish whether the Lusitania was a b f-iis;k ss merchant ship or was be i titr ui i for the transportation of war munitions and soldiers, on which un Misj.f ( .-ting passengers were permitted to take passage to safeguard the war Materials. The American representations ie- G. ERBILT Estate Valued at $50,000,000 Left in Trust To Two Infant Sons" Advance Reported On Austrian U, S. Attorney Alexander Says Cities of Trent and Triest, Town of Storo Captured, German Submarines Still Active; Reported Negotia tions Under Way He Entered Plea With Prison Board as Citizen of and in Name of Georgia; Solicitor General Dorsey Opposes Clemency For Prisoner f .uding the torpedoing of the British tamer Falaba, in which an Ameri can citizen lost his life, are answered with the statement that it was in tended to offer ample time for the passengers and crew to leave the ship. The action of the captain in attempt ing to escape, however, necessitated more summary action. Even then the commander of the submarine granted ten minutes for those on board to leave the vessel and subse quently extended the time to 23 min utes before sinking the ship. Regi-eats 44 Unintentional Attacks." Germany expresses regrets for "the unintentional attacks" on the Ameri can steamer Cushing and the Gulflight. The Cushing was attacked by Ger man airmen in the North Sea and the GuMight was torpedoed off Sciliy Islands. Germany disavows any in lention to attack harmless neutral raft. She offers to pay compensation wherever she is found to be in the tvreng. and to refer doubtful cases to The Hague for a decision. The passages in the American note neerning a possible disavowal- by liTiiianv of intent to sink the Lusi tania and the discontinuance of her present practices of submarine war-fan- are not mentioned specifically in th" reply. - American Demands Unanswered. '"ho note states that pending the re l'ly of the American government to the German assumptions of fact re garding the real character of the-Lu-. sitania and her cargo, no attempt will made to answer the demands con tained in the American communica tion. These assumptions of fact are as ft Hows: The Lusitania was built as an auxil iary cruiser, subsidized and carried ' the navy lists as such- She car ried, according to German informa tion two guns mounted and concealed below decks. British steamers sailine from New York, according to information re ceived from passengers and other farces, repeatedly carried soldiers, artillery, war supplies and contra band to England, the Lusitania on this trip carrying specifically 5,400 cases of ammunition in addition to other war supplies and Canadian tiops enroute to the front. Refers to American Law. Reference is here made to the fact that carrying explosives on passenger steamers is contrary to American (By the Associated Tress). New York, May 29. The bulk of the estate of Alfred G. Vanderbilt, who perished on the Lusitania, estimated at more than $50, 000,000, is left in irusi unaer ms win xo nis inrant sons by his secend wife, Margaret Emerson Vanderbilt. They are Alfred G., Jr., and George. The will was filed for probate today. William H. Vanderbilt, his son by his first wife, Elsie French Vander bilt, who was divorced, receives a trust fund of $5,000,000; the Vander bilt properties, known as Oakland Farm, near Newport, R. I., the por traits and bust of Cornelius Vander bilt, his grandfather, and a gold medal voted by congress to Cornelius Van derbilt, his great great grandfather, founder of the Vanderbilt fortune. This legacy is in addition to a lib eral settlement which William H. received from his father during his life time. He is now 13 years old. Mr. Vanderbilt made provision for his widow by leaving her $3,000,000 and the income of $5,000,000 in trust, together with the Vanderbilt estates in the Adirondacks and Gloucester house in London, England. Relatives and friends receive be quests ranging from $1,000 to $500, 000. The infant sons share in the rest. The legacies will be held in trust for them until they are 21, wThen each is to receive outright the accumulated income and one-fourth the principal. At the ages of 25, 30 and 35 years each son is to receive a quarter of the principal, the trusts, therefore, termi nating when each is 35 years old. The bulk of the Vanderbilt millions passed to Alfred G. Vanderbilt on the death of his father, Cornelius Van derbilt, in 1899. The will provided, however, that Alfred must wait till he was 30 before he came into any appreciable part of the fortune. Then he was to receive half. At 35 he was to receive the other half. He was 37 last October. Cornelius, the older brother, cut off in the will with only a million dollars, received $6,000,000 more as a gift from Al fred. Cornelius was not mentioned in the will filed today. The will is dated December 16, 1913, and was signed in New York City. The executors are Reginald C. Vanderbilt, Frederick "W. Vanderbilt, Henry B. Anderson, Frederick M. Davies and Frederick L. Merriam. Estimates made when the will was filed placed the value of the estate at $50,000,000 were declared tonight to be too high. It was pointed out that a considerable sum wrould have to be subtracted from the amount of the original estate because of the sub stantial settlement believed to have been made upon Mrs. Elisha Ercnch Vanderbilt at the time of her divorce, besides the $6,000,000 payment made out of Alfred Vanderbilt's estate to his brother Cornelius. This left the estimated amount of the estate be tween $30,000,000 and $40,000,00. (By the Associated F). Germany's reply to the American note sent after the sinking of the Lu sitania was delivered yesterday to Ambassador Gerard at Berlin. It does not specifically answer the American representations concerning the sink ing of the Lusitania and discontinu ance of present methods of submarine warfare. These points are left for settlement in further negotiations. Germany expresses regret for at tacks on American vessels which are said to have been unintentional. Com pensation is offered in cases in which Germany is shown to have been at fault, and reference to the Hague of disputed cases is suggested. Germany seas up the' assumptions, as a basis for negotiations, that the Lusitania was a British naval auxil iary, carrying mounted guns as well as troops and war munitions, and that it was a violation of American law to carry passengers on her. The United States is asked what steps, if any, it has taken to induce Great Britain to depart from its policy of cutting off Germany's importations of food supplies, provided Germany a-uciiiuons ner suDmarme attacks on merchantmen; a settlement Germany has indicated her willingness to dis cuss. The Italian camnaisrn is develomns: along two well defined lines, in the shape of advances toward the Austrian cities of Trent and Triest. Italian troops are reported to be advancing on Trent from the south, the northwest and the southwest. On the eastern line, north of the Gulf of Triest, the invaders are said to have occupied ad ditional territory. Resistance of the Austro-German forces is reported to have become stronger, however. A Geneva dispatch states that the con viction is growing that they will con duct a defensive campaign. The advance of the Austrians and Germans toward the Galician fortress of Przemysl, threatening its invest ment, remains unchecked. The Ber lin war office communication yester day stated additional territory had been occupied and that determined at tacks of the Russians had been re pulsed, one Russian regiment being wiped out. Along the Franco-Belgian line no new actions of first importance had developed. German aviators dropped bmbs on St. Omer and Gravelines, near Calais; on Dunkirk, and on Fismes in Marne, near RheinTsY The British steamship Ethiope, 2,- 475 tons, was sunk by a German sub marine in the English channel. Her crew was permitted to embark in small boats. ASHEVILLE CONSIDERING QUESTION SCHOOL BONDS (Continued on Page Sixteen.) La.st General Assembly Granted Au thority to Hold An Election. (Special to The News and Observer. ) Asheville, May 28. A movement for the calling of an election here to de termine whether bonds shall be issued for the construction of a new high school building, under authority granted in an act passed at the last session of the General Assembly au thorizing the holding of an election to determine whether the citizens of Asheville want bonds issued in an amount up to $200,000 for this pur pose, has been started by a number of local organizations. A meeting has been called for next Thursday night when the plans for a campaign will be adopted and preparations will be maae to ask the city commissioners to au thorize the election. Mrs. Lettie Wiltbank, aged 87, of Georgetown, Del., has never tasted an egg. She says she does not know, and is not interested to know, how 1 one tastes. . . - Fighting Around Przemysl. London, May 2 9 The battle for the fortress of Przemysl, in middle Galicia remains the war's outstanding feature. There has been heavy fighting north of Arras, where the French continue to progress, the Germans admitting tonight their evacuation of Ablain. But this is a small affair compared with wThat is going on around Przemysl. The Germans and Austrians with an enormous weight of artillery con tinue to fight desperately in an effort to encircle the fortress which is al ready reported to be under bombard ment. Their armies on tne ban, norm of Przemysl, have, however, apparent ly received a check. The Russians after driving them back across the San near Sieniawa, have now turned their attention to forces which cross ed the river north and south of furious attacks. All of these the Aus- trains and Germans claim to have repulsed. Southeast of Przemysl the Teutonic allies are meeting withrncre success, but their progress is not so rapid as it was recently ana com munications to Lemberer. wnicn were reported to have been severed, re main intact. At-the other end of the line, in the 1B5 the Asyi!) V Atlanta, Ga., May 29. 1 looker Alexander, United States Attorney fur the northern district of Georgia, late today filed with the State Prison Commission, a plea for commutation of Leo M. Frank's sentence, in which he seeks to show by the testimony of the State's own witnesses that Frank did not murder Mary Phagan, tut that James Conley, a negro, now serv ing a sentence as an acessory after the crime," was the slayer. Solicitor Dorsey Opposes Clemency. Hugh M. Dorsey, solicitor general who prosecuted Frank, aiso gave out tonight his letter to the Prison Com mission opposing clemency for Frank, declaring "the facts and circum stances surrounding the commission of the murder do not invoke the ex ercise of mercy or offer inducement to temper the penalty, "and further that the fact that Frank's conviction has been affirmed by both State and Federal courts "despite the indefati gable exertions of his influential friends in and out of Georgia. justifies my deep conviction that the ends of justice have been accomplish ed by the processes of law." Communication of 25,000 Words. Mr. Alexander explicitly suites in his communication, which comprises approximately 25.000 words, that he makes his appeal on Frank's behalf, not in his capacity as Federal attor ney, but entirely in the capacity of a ynvuie tsiiixru 01 ijeoiijia wno ooes not desire to see an innocent man hanged for another's crime." His argument starts with the proposition that Conley's admission that he wrote the "murder notes," found beside Mary Phagan's body, raises the con clusion that, unless he can furnish a creditable explanation, Conley was the slayer. Doubts Conley's Story. "The whole question." writes Mr. Alexander, "resolves itself iito an inquiry as to the truth of Conley's story. Agreeing to the proposition that the presumptions are, in the present status, in favor of its truth. I propose to show how, when and why the story was manufactured and I shall do this without referring to any testimony offered for the defense, or stating any fact depending on that testimony." In the effort to fulfill this promise Mr. Alexander presents circumstances tending to show why the police were liable to be mistaken and why the public failed at the time to preceive the importance of the discovery that Conley wrote the "murder notes." Ho sets forth the known facts as the equation of a mathematical problem. traces and groups the movements of the persons concerned on the day of the murder, as testified to by the state's witnesses, shows the evolution of Conley's stories, the changes Conley made in them and the probable motive for each variation. He also points out alleged inconsistencies in ( on ley s statements and argues on the physical impossibility of material features in the negro's story. In this connection he saj-s: "While Conley's account of his ac tions and conversations witn iranK after the murder, occupied, according to him, only 34 minutes, they could not have occurred within two hours. According to the testimony of the de tectives, it would have been more than an hour to prepare the notes, alone, but I reduce that estimate to half an hour." Dorsey's Reason for -Opposing. Mr. Dorsey's letter was in response to notice from the commission of the pending application. He wrote: "The court records of the ease, which doubtless will be considered by you, present the details of the crime for the commission, of which Frank was convicted by the courts of this country, and illustrate the conditions and circumstances under which the crime was committed. I do not un derstand the application for executive clemency to set up any newly di--cov-prpd evidence, or other grounds not heretofore considered and finally judicated by the various judges the courts, State (Continued on Page Sixteen.) and Federal, (Continued on Page Sixteen.) ad- of all which