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YOILXn.No. 102
NEW BE C, THURSDA MORNING FEBRUARY 19, 1914
FIVE CENTS PER COPT
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CASE SUSTAirJED-
HE MUST DIE
Atlanta Factory Superintendent
Nearer The Gallows,
TIGHT TO BE CONTINUED
Under
Sentence 6f Death
Murder Of Mary
; Phagan.
For
Atlanta, Ga., Feb. 18 Leo. M.
' "Frank, under sentence of death for the
murder of fourteen-year-old. Mary
Phagah here on April v 26th of 'ast
year,' today was advanced one step
closer to the gallows when the Georgia
Supreme Court sustained the verdict
6r the lower court which pronounced.
Mm guilty. The opinion, written' by
Justice Atkinson, also was signed by
J-ustices Hill, Lumpkin and Evans. A
dissenting opinion was entered by
Chief Justice Fish and Justice, Beck. ;
Although Frank's lawyers, tonight
would make no statement as to what
stepsvthey would take next, it was
reported that they have not yet given
up the determined battle which they
have waged for the freedom of the
youne factory superintendent. News
that the highest, court of the State had
denied him the right to be given trial
failed to shake the iron nerve of the !
condemned man. His friends said he
received the tidings quietly, refusing
to comment thereon.
While the Supreme Court's decision
is voluminous, the pith of the ruling
is contained in the head note, which
savs: "The evidence supports the
vetdict and there was no "abuses "o?
discretion in refusing a new trirtl."
In their dissenting opinion, Chief
Justice Fish and Justice Reck held
that, the trial court erred in admitting
the testimony of James Conlcy and
C, B. Dalton regarding alleged acts
involving moral conduct on Frank's
part toward women prior to the' nuir
der of the Phagan girl.
' Unless an extraordinary motion for
a new trial, or some other move in
behalf of the convicted man is made,
lie will be re-sentenced withiji the next
two weeks. The decision of the Su
. .premwCourt firsti'iriust be entered as
; that .of i the-' triat . court, after which
sentence, again, may? be imposed.
Fight Is Prolonged.
. Frank's Jight for;vfretdom may I be
svprolorijeil f& jjnumJbcY- of ways, and
tonight h was; iiyitti put hat months
yjnajr elapse "before 4isf jUie" finally' is
'decided .- Accowfn8; 4o J Court Officials
here 'f it is possible in" view" of the
dissenting ' opinion of two of the six
Justices of the Supreme Court, Frank's
lawyers ' may move to re-argue the
case before that body. In the event
tha such ' a motion wag denied an
attempt then probably would be, made
to -get the-case before the United
SfatpQ. Snnrpmp. Court on the Grounds
that: Friink has been deprived of hi4TLCTATf fl fl f f D C
: liberty without due process of law. An- I III - U I H I L UUulUnU
:: other" course open to Frank would be
" to' file an "extraordinary motion for a
;iew .trial' before, the court in which
. he was convicted. ' Should the court
. deny this motion, an appeal could be
taken o the State Supreme Court.; As
a last resort, it was pointed out, an ap-
peal could be made to the Governor
, (for 'an' extension . of executive clenu
i ency.
'.When the Frank case was appealed
. to! the. Supreme ' Court -more than a
hundred counts were contained in the
ptea. Stress was laid : on allegations
of prejudice on the part of two jurors,
. and charges 'were made that race feel
.. ing against the yaung factory superin-
-,-tehdent, who is a Jew, had made' it
,v self. -felt in the -court room .and influ
i iericed the' verdict. . Significance- was
also. attached to the statement of the
trial judge, who in denying a motion
" for a new trial, .said that although he
'.had heard all the .'evidence,' he, was
;.. not convinced cither of the guilt or in--nocenc
of the defendant. J ' x .
D. P. JARVIS LEAVES FOR NOR
, THERN MARKETS. '
1 y ' , M ? ' r-1 ' ". '
D. F. ' Jarvis, one . of the leading
merchants of the city, left yesterday
for northern markets to purchase a
spring and summer stock of dry goods
and ladies furnishings, . Mr.. Jarvi3
states" that his trade demands the very
best and latest styles and that nothing
'-else will be bought.
KIme. Aliredo Aleman
Mmei Alfredo Aleman has just
arrived ' in "Washington with her
husband on their honeymoon. Sen-
oryAleman is a new attache at the
Panama legation and his bride
is'the daughter of the secretary of
State of Panama.
CflMMITTE TO AID
THE BENEVOLENT SOCIETY
HAVE HELD TWO IMPORTANT
MEETINGS SINCE SUN
DAY NIGHT.
The committee' appointed at the
Union Meeting, at the Baptist Church
last Sunday night has had two meetings
and they have outlined plans by
which they expect to aid the Ladies
Benevolent Society raise funds for the
ensuing year.
This plan will be offered for ratifica
tionat a Union Mass Meeting of all
the" Churches at Centenary Methodist
Church Sunday night.
The program of this meeting will be
in the hands of this committee. Short
speeches will be delivered by laymen.
The meeting will be opened by a
song service, t-very choir in INew Bern
has been invited to augment the Cen
tenary choir and they will placed on the
platform in the usual manner at reviv
al services.
The service will begin promptly at
7:30 and all are invited to attend.
GATHER IN WILMINGTON
TWO , HUNDRED PHYSICIANS
CROWD THE NEW
HANOVER CITY.
: Wilmington, Feb. 18. Prominent
physicians from all parts, of the Caro-
linas and Virginia are arriving in the
city -- tonight for ; the sixteenth annual
convention of the Tri-State Medical
Association, which opens tomorrow
morning in the Elks Temple. The con
vention will bring to the city oyer
L200. visitors , it vis thought, , including
members oi 'families ot some . ot the
physicians. . j. " . j ;
. The association , .will be in session
through Thursday.- The hieetings; will
be held in the Elk' Temple, but head
quarters will be at the Orton .Hotel,
where more than 100 of the visiting
physicians-will be accommodated. The
others will be guests - at other; hotels
of the;city. - '
" The meeting promises , to be : an
unusually good ' one. ' The scientific
part will be "of" a high order and - the
hospitality- for which the city- of ;WU
mington" was - always noted is con
firmed by. the announcement of social
events for. both, days, to' th6 visiting
doctors and" many' other inducements
to insure a pleasant- as well as pr6fit-
able meetings ' -1 . , , - 1
Baseball For Jew
Bern During Summer
Enthusiasts Plan T Start City League Will Play One
Game Each Week Team To Be Organized
Next Saturday Night
' New Bern baseball fans will have an
opportunity of attending some real
games during the hot summer months.
This is not mere hearsay, but it is
in fact a, reality, ,and before another
week has passed by it is hoped that the
team will be formed and that plans
for the season will have been form
ulated. Last year the local baseball enthusi
asts made an attempt to interest
the baseball lovers in Wilmington,
Goldsboro, Wilson, Rocky Mount,
Fayetteville and other towns in the
reorganization of the Old Eastern
Carolina League, The movement was
started late in the season and when the
promoters of the project finally had
"their ducks in a row" it was found
that it was too late in the season to re
organize the league and th plan was
abandoned.
, Taking a warning from last season
the sport lovers a few weeks ago began
the agitation of, a movement to re-,
organize the Eastern Carolina League
and considerable press "dope" was sent
out to the other cities in this part of
the State as a "feeler" of the sentiment
of the baseball enthusiasts. Unfort-
T
M. R.
LOCATED HT ASHEVILLE
FORMERLY ELECTED TO
SITION LAST SATUR
DAY NIGHT.
PO-
The Atfhcvillc Citizen has the fol
lowing to say of M. K. Beaman, who
was, up to a few weeks ago, connected
with the New Bern Chamber of Com
nerce as Freight Rate Expert:
"About 30 members of the Western
Carolina Lumber & Timber Association
met in the offices of the association, 17
and 1 Elect -ical biiilding, Saturday
night for an informal banquet and
smoker. About half of those J present
were out-of-town visitors and the
meeting was featured by discussions
of interest to lumber and timber ,in
terests. President W. O. Riddick pre
sided. It was voted to hold such gather
ings monthly, and it is probable that
the permanent dates will be the last
Saturday in each month.
v "M, R. Beaman, whft assumed the
duties of secretary and rate expert
for the association last fall, was for
merly elected to this position at the
meeting Saturday night. Since he ar
rived here the officers have been hand-
somely fitted up and this was the first
meeting held there since his arrival.
THEIR BOAT CAPSIZES;
LEON GREEN AND AUGUSTUS
ANTHONY LOSE THEIR
s LIVES.
Belhaven, N. C. Feb. IS. Leon
Greene and Augustus Anthony, both
about 18 years old, were drowned and
Carnie Lynton narrowly escaped the
same fate, when the three young men
were thrown from a small -row boat
in the Pamlico river here.
.The three boys were bound for the
cooDerace plant to look at the new
dredge built to drain Lake Mattamus
keet when the accident happened. In
some unknown way the row boat was
upset and its occupants pitched into
the icy waters of the river. Greene
and Anthony struggled to gain a hold
on the upturned boat, but their heavy
clothing became soaked and bore them
to the bottom. V Lynton managed -to
reach the boat and held on until he
was rescued in' an almost unconscious
condition by Mrs. E,: Powell, her son
Mark Powell and Johnnie Burgess, who
were crossing the river in a boat and
heard Leon's frantic cries for help. .
Every 1 effort was made to recover
the bodies of Green and Anthony.oys-
ter tongs, ydrag nets' and ropes being
used." Hundreds of the town s people
went 'to the river bank to help In the
work,- but ' their efforts were ' unavail
,ng. Ixrf ...
unately there has been but little res
ponse and it is not believed that the
league will ever be revived.
Howeveer, local "fans" have another
plan on fo.ot and there is every reason
to believe that this wilj muerhlize
as anticipated. Next Saturday night
at 8 o'clock every baseball enthusiast
in the city is asked to meet in the Elks'
club rooms and at that time a City
Baseball League will be formed.
This league will be composed of the
best local players that can be secured
and the present plan is for them to play
one game a week during the summer
months, that game to take place on
Saturday afternoon when the majority
of sport lovers will have an opportunity
of getting out to witness the game.
It is planned to encourage the other
cities and towns in this part of the State
to organize similar leagues and if this
is done the teams can play at other
places, for instance a game here one
Saturday and a game at Wilmington
on another Saturday. Full plans will
be discussed at the meeting Saturday
night and every "fan" in the city
should be on hand at the meeting.
RODENT CAUSES TROUBLE
AT ELECTRIC PLANT
SHORT CIRCUITS SWITCHBOARD
AND THE LIGHTS GA?
OUT.
Twice within the annals of t lie liis
lorv of New Hern lias the cilv been
thrown into utter darkness by a rat
not one of those necessary adjuncts
to the toilet of some of the city's
feminine population but a long-tailed
four-legged specimen of the rodent
family.
The first instance of this variety
occurred about two years ago late one
afternoon and for two hours or more, the
force of electricians were kept busy
repairing the switchboard on which Mr.
Rat had met his Waterloo, and on Which
he had played havoc with the city's
electric lights.
Early yesterday morning another
rat attempted to walk across the switch
board out at the light plant nd was
promptly electrocuted but, in giving
himself up as a martyr to science the
rodent caused every light in the city
to be extinguished and gave the men
the pJnt a grcat dea, of trollbe
Superintendent Hodges, who is at
all times on the lookout for trouble
and who is making every effort to give
the electric consumers of New Bern
the very best possible service, went out
to the plant as soon as he was notified
of the accident and within the course
of "half an hour the ciant dynamos
were again purring and the hundreds
of lights in the city were shedding
forth their brilliance as of a few hours
previous.
When the rat attempted to run
across the switchboard his body formed
a short circuit between two heavily
charged wires and this burned out
several fuses
Needless to sav his
ratship was burned to a crisp.
DORTCH MUST RESIGN.
Can't Be
Attorney For
Company.
Railway
Washington, D. C, I-eb. 18. At
torney General McReynolds has noti
fied United States Marshall W. T
Dortch whose office is maintained in
Raleigh, that he must either resign
as locar attorney for the Southern
Railway and give up his annual pass
r hand in his commission as United
States . Marshal.
"ltt -was said that Marshal Dortch
wrote the Department of Justice a few
days ago, that he was local attorney
for the Southern railway and that he
had' a pass which he was- using on his
trips a thsoughottt the State. .tMr
Dortch uanted to know if the Depart
ment had any objections to these 'free
rides, v" The department had serious
objections and so notified Mr. Dortch
and also Senator Simmons.
Miss Margaret Draper
'Ll ft T
X
J
if! m
AT
j;'
When Mrs. William F. Draper
gave her annual costume ball, the
most elaborate social affair ever
held In Washington, her daughter
Margaret who assisted In receiving
the guests dressed, as here photo
graphed, as Marie d'Anjou, the wife
of Charles III, of France. Mf'tim
THE JOURNAL'S SERIAL
STORY MAKE A HIT
"THE VALIANTS OF VIRGINIA"
A SERIAL OF ABSORB
ING INTEREST.
Last Sunday niornint; the lirt in
stallment of "The Valiants of Virginia"
appeared in the Journal. This is one
of the most absorbing stories of the
present day and all over the country
has bee"n favorably commented on by
those who have road it.
hhe story is being published in the
Journal and is being read with interest
by our many subscribers, and we have
heard many words of praise of the serial
but we want to hear from other.-.
Whether another story will follow
"The Valiants of Virginia" depend.-
eniuely upon our readers. II they want
it we have in mind another -trial of
equally as absorbing interest a- the one
now being published.
If you like the story write lis a lew
lines telling in what particular way it
appeals to you, and what you think
of the story in general. We want to
publish these letters, and will appreciate
i word or two along this line Inun eer
one ot our readers.
NEW BERN DEFEAT
Dover Bovs Too Stroni I
or I he
Locals.
In a fast and snappy game the basket
ball team of the New Bern High School
was defeated bv the Dover High School
team at that place I uesdav afternoon
by a score of IS to 14. 1 he game
was fast and cleanlv played and though
the locals put up a hard fight thev were
defeated in the last four minutes of the
conflict by-one point. I he stars of the
game were Gaston and Powell for Dover
and Waesche and Pntchard for the
locals. -The local team is planning
for another game tomorrow afternoon
and also on Saturdav, the first to be
with Vanceboro and the second with
the Kinston team.
MUSIC TEACHER COMING.
j On March 1, Prof. Elmer Francois
Pinerd, a noted violinist and brass
instrument player will arrive in .New
Bern ; and become a member of the
faculty' of the Bourdelais School of
Music 1
DELEGATIONJO
WASHINGTON
T
Go To Invite W.
J. Bryan To Visit
Bern.
New
BEI.IKVK HE WILL ACCEPT
Want Him To Deliver Address
During Big Celebration
In April.
Tomorrow nijht a delegation com
posed of Mayor Albert II. Bangert,
Cith Attorney K. A. Sunn, K. M. Green
C. I.. Ives, President of the Chamber of
Commerce, C. I). Bradham, chairman
of the ( raven County Board of Com
missioners; II. H. ( raven, Superintend
ent of Public Instruction; II. K. Land
of the New Bern Journal; O. G. Dunn
of the afternoon paper, and J. Leott
Williams, will leave this city enroute
to Washington, I). ('., for a conference
with Secretary of State, William Jen
nings Bryan.
Some lime during the month of April
a big Home-coming Cleebration and
Aviation Meet is to be held in New Bern
and the object of the delegation in
going to Washington to see Secretary
Bryan, is for the purpose of inducing
him to come to thi- city during that
week and deliver an address.
Secretary Bryan was (o have visited
New Bern during the last Fair but wis
unable to do so. He has thousands of
admirers in this part of the State
and these will be on hand to hear the
great commoner if he sees fit to pay a
visit to the city, Senator F. M. Sim
mons, chairman of the Finance Com
mittee of the United Slates Senate,
and a citizen of New Bern, and Secre
tary of the Navy Josephus Daniels
have been asked to intercede with Mr.
Ei van in behalf of the delegation anil
there i every reason to believe that he
will accept the imitation which is to
be tendered hint.
The delegation will reach Washing
ton on Saturday morning and will
leave that cily Saturday uighi. reaching
New Bern on the following day. The
personell shows that I lit- interests of
the city are represented and there is
every reason to believe that they will
make an impres.-ion on the Secretary.
This approaching Home-Coming
Week and Aviation meet will be one
ol the most succe--tul events in the
history of New Bern and vi-itors from
all parts ol the State are expected to be
lil attendance.
THE REVENUE CUTTER
T
OFF
ON ANOTHER CRUISE
IN NORTH CARO
LINA WATERS.
Alter spending a -I
the revenue cutter I
rt linn
in port
ft ves-
i nilico
tt-nlay for another i
waters of Eastern
and will be away for
i ui-e around the
North Carolina
a week or more.
The past two or three weeks have
been trying ones for the I'.imlico's
crew. The weather condition- on the
coast have been far frojn ihat which
might lie desired and in consequence
many boats have been disabled.
The last craft to be given assist
ance bv the I'.imlico was the schooner
Lucretia which ran aground off Middle-,
ton Harbor in Pamlico ouiid Stindav
aftrnoon. I he I'amlico went to the
vessel s assissance, but. upon arrival
there found that the boats crew had
been taken olf, and (hat she was stuck
fast on the shoal and could not be
pulled off at that time.
0
DR. IRA. M: HARDY
SES HIS FIGHT.
LO-
tvinstoii
dork this
1 eb. 16. At 1 o'
morning it was an-
nounced ihat Dr. C. Banks
McNairv, of Lenoir, had been
elected to succeed Dr. Ira M.
Hardy as superintendent of the
School for the Feeble-Minded.
The vote is understood as being
seven for Dr. McNairy, five
for Dr. Hardy. ; ? V
Dr. Hardy in a statement"1
immediately after the " report '
was known, ' said his interest -in
the success of the institution:
would not be abated.
FRIDAY
N
"V,