Atlanta Georgian. (Atlanta, Ga.) 1912-1939, October 25, 1912, HOME, Image 1

Atlanta Georgian., October 25, 1912, HOME, Image 1

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Newspaper Page TextTHE WEATHER Forecast: Fair tonight and Satur day. Temperatures: Ba. m., 44; 10 a. rn., 52; 12 noon. 60; 2 p. m,, 62. VOL XI. NO. 71. LI. BECKER [EVICTED, HAMES urn Lays Verdict of Guilty to His Not Testifying in Own Be half—To Appeal Case. JURORS NEVER IN DOUBT ABOUT OFFICER’S GUILT Orly Degree Considered, Eight Being for Death Penalty on First Baljt. NEW YORK. Oct. 25. —Lieutenant Charles Becker will be sentenced to next Wednesday for the murder !lr man Rosenthal. Th.is is the only sentence possible l r the verdict of murder in the first found at 11:57 o’clock last night r the Jury in the trial of the police of ficial. Whether Becker will be exe rt. ■d is another question. Every' re s..uree possible will be exerted to save Him, and Becker today professed confi dence that the verdict will be reversed, ~n the grounds that his trial was un fair. The verdict was a terrific shock to Becker. He had become confident of acquittal through the length of the Jury's deliberations. He restrained his motions only by the utmost effort whet; the verdict was returned, but today he w is stoically calm in his Tombs cell, nis only' worry apparently' being for his wife, whose health Is delicate. Becker feared that the ordeal through which she had passed might be fatal to herself and the child soon to be born. Becker made the following statement this morning: "I am innocent; the truth will pre vail In the end. I was disappointed, as I did not believe that any twelve men would accept the story told by my ac cusers While I hoped to be acquit ted, I did not believe that the final re sult would be worse than disagreement, "I had absolutely nothing to do with the killing of Herman Rosenthal.. I never suggested it in anv wav. Could Have Cleared Himself on Stand. I wanted to be a witness in my own behalf. I believe I could have explain ed away' all the suspicious circum stances which tended to implicate me, but I was forced to abide by the deci sion of my counsel and remain mute. “Though the murder of Rosenthal was a terrible thing, I believe if the ver dict of this jury Is carried into its legal effect that the judicial murder of Charles Becker will be an everlasting blot upon the judicial system of the Empire state. 1 do not believe I had the fair and Impartial trial which is guaranteed to men under our laws. When this case is reviewed, the injustice of the court proceeding which resulted in my conviction will be apparent. lam con fident that I will be granted a new trial, and if I am and am tried at a time when public clamor does not de mand a victim, I believe that I will be acquitted. “I do not personally care much for this verdict, but I feel the blow that it w-ii; inflict upon the woman who bears my name and who has borne more than her share of the burden since my ar rest on this charge, * i "My case will be appealed without delay, and, in my opinion, there can be no other result than a reversal of this tmjnst verdict.” The Jurors actually deliberated seven hours and forty-five minutes. As a re sult of advice from Justice Goff that J' should refrain from discussing ’heir action, the majority refused today tell the secrets of the jury room, but 1 ’’as learned that at no time in their ‘liberations had there been a question to Becker’s guilt. The matter that I>f d their hearts and intelligence was ■ degree—whether they should find a het that would mean death or a ver that would mean life imprisonment, e jury took three decisive ballots all during their deliberations. The showed that eight were for convlc- 1 for murder in the first degree, and other four were for murder in the nd degree. The jurors stood ranged 1,1 either side in the respective num during the course of several polls, o time did they consider acquittal ' n manslaughter. he majority at all times held out "nviction in the first degree, with opposition for second degree al but weakening rapidlv. ’ bal poll after poll had been taken. Continued on Page Two. The Atlanta Georgian Read For Profit—GEORGIAN WANT ADS—Use For Results. Barricade Burned, Thousands of Men, Women,Children See Negroes Hanged SOLDIERS GUARD GALLOWS-SHERIFF SPRINGSTRAP - w »*.». t ; —z-zzzzz zzzz____. zzzz _ . zzzzzzr 4 \... an ' W • ) HX4 u t.t iJk 7®liiPb* * « \U y JLat'wlw fti ih ' fl* znfl 77 w n A n ft i g T“.-' :- A- wggMrah\l x 1— 'ft w fnW BH.•rlNKfittßA * Crowd, Determined to Witness , Execution, Burns the Fence Around Gallows. CUMMING, GA., Oct. 25.—Amid the cheers of thousands of spectators, gath ered about a hollow square, 200 yards from the gallows, Oscar Daniels and Ernest Knox, negroes, paid the death penalty here today for assaulting and causing the death of a young white woman near Cumming, in Forsyth county, September 8, less than seven weeks ago. They were convicted three weeks ago yesterday. The double trap was sprung by Sher iff W. W. Reid at 11:19 o’clock, and twenty minutes later the two bodies were cut down and placed in a single pine box to be burled by the county as criminal paupers this afternoon. They will not be accorded a funeral by mem bers of their own race, as there are practically no negroes left in Forsyth county and the few remaining are afraid to venture out on such a mis sion. Neither negro had a word to say while on the scaffold. They went stol idly to their death, apparently unmov ed by the fate that awaited them. Be fore they were placed on the gallows, however, both made brief statements. Daniels insisted he was not guilty, but Knox confessed. Sheriff Springs The Trap. Sheriff .Reid, himself, sprung the trap, but Deputies Lummes and Jones assist ed him In blindfolding and tying the negroes and adjusting the death caps. Rev. F. P. Wills, pastor of the Cumming Baptist church, offered a prayer as the negrefcs mounted the scaffold. Dr. C. T. Brice and Dr. J. A. Otwell pronounc ed them dead after the hanging. Only these attendants, county offi cers, newspaper representatives, mem bers of the dead girl’s family and sol diers were permitted within the 200- yard area. Two companies of Atlanta militiamen formed a dead-line and kept the thousands of morbidly curious— men, women and children —out of reach of the scaffold. But they were satis fied to stand on the surrounding hill sides and view the spectacle from a distance. Estimates of the crowd vary, but it is not exaggerating to state that no less than 5,000 persons assembled here for the event—the first legal exe cution In Forsyth county in more than half a century. The soldiers left Cumming early this afternoon on their return to Atlanta. Cumming was under martial law today for the third time within six weeks— first, about the time of the crime; later, at the trial, and now for the executions The presence of soldiers in this little mountain town has become rather com monplace. Gallows Fence Is Burped. Efforts of county officials to have the hangings conducted privately, as re quired by law, were futile. Because of the smallness of the jail, which would not permit the erection of a gallows within the structure, a wooden scaffold was constructed in a field a half mile from the court house. This was sur rounded by a fence fifteen feet high, forming an inclosure about 30 feet square. About midnight a mob went to the site of the scaffold, tore down the high fence and made a monster bonfire of the lumber and timbers. This morning only a heap of charred embers was left’ of what had been the fence. The scaf fold was not molested. Ordinary H. V. Jones early this morn ing ordered the fence rebuilt, but when he undertook to secure lumber with which to rebuild it, not a dealer in town could be found who would sell the ma terial. Consequently it became neces sary to conduct the double hanging in the open, in full view of the assembled multitude. The two companies of militia that ac companied the two prisoners from At lanta arrived here at 2 o'clock this morning, with the condemned negroes In custody. They were taken imme diately to the courthouse, where they were confined until removed to the gal lows. A picket line was thrown about the courthouse, the fence around the square being the dead line A strong guard was maintained inside the build ing. with Major I. T Catron personally in command. ’Only military and court officials, physicians anil a ininiste: were passed through the lines. ■ f li I * • of V vw .< R ■ " ft® jftw v v 1 ■v • - -4 Soldiers leaving Atlanta fr Cumming with condemned negroes. Two companies of militia men guarded the prisoners from the time they were taken from the Fulton county jail Until their bodies had been cut down from the gallows, following their execution. Ihe military was sent to Cumming at the request of civil authorities of Forsyth county. FEMIOTO FACE HIS FAMILY Cordele Man Backs Down After Boarding Train for Home. Going Back West. CORDELE, GA., Oct. 25.—"1 can not face tlie embarrassment of meeting my wife and children and friends under such circumstances," was the excuse Augustus J. Fenn, former wealthy Cordele lumber man. gave for not returning to his old home, after boarding a train for this city al New Orleans yesterday. J. J. Williams ami Joseph Epsy, sons-ln-law of Fenn; J. T. Hill and J. G. Jones, Cordele law yers, and Sheriff John Ward, of Crisp county, who went to New Orleans when it was discovered Fenn was there, re turned this morning without him. At -the last moment Fenn backed down. "I have business matters in Mexico to attend to and I will Just go back to El Paso. I may return home some day, but not soon,” was his parting with his friends. His sons-ln-law still urged hln: to return, assuring him that a reconcilia tion was possible with his wife and chil dren, but he still refused and left the train. As yet Mrs. Nancy E. Fenn, wife of the man supposed to have been drowned in the Apalachicola river two and a half years ago, and who brought suits to re cover $15,000 on insurance policies carried on the life of Fenn, has made no state ment whatever as to whether she desires him to return. WEATHER MAN PUTS BLAME FOR COLDS ON SMOKE NUISANCE Atlanta smoke, which Dr. McFarland says is worse than that of Pittsburg, is responsible for many of the colds from which Atlantans are suffering today, according to Weather Man VonHerr mann. “Just look out of that window,” he waved his hand toward the fourteenth story window of his offices, indicating the great pall of murkiness which hung over the city. “All that can not help but inflame mucous membrane and It is a wonder that Atlantans do not suffer from colds to an undue degree. “In any other section of Georgia one can see for several miles. You can’t even see a mile through this smoke. I don’t think it has any effect on the ele ments, though I do believe that we would have much more sunlight here if hard coal were used. London has passed a law requiring hard coal to be used by all.” The weather man thinks that the mercury will not go below 38 again for some time. It will probably be cloudy Saturday and Sunday, though no rain is expected. DOUGLAS FARMER, GORED BY A BULL AT STATE FAIR, MAY DIE MACON, GA., Oct. 25.—0. H. Sel man. a young farmer from Douglasville, Douglas county, was seriously injure! at the state fair grounds today, and is expected to die, as the result of an at tack on him by an enraged bull. The animal gored the man’s righi leg, ripping the flesh open to the bone from the knee to the thigh, and then trampled on him. Selman was pre paring feed for the animal when he was attacked. He Is at the city hospital. ATLANTA, GA., FRIDAY, OCTOBER 25, 1912. WOODWARD BRANDS CREMATORY ILLEGAL James G. Woodward, mayoralty nominee, declared today that the con tract made by the mayor and council for a $276,000 garbage disposal plant was illegal and that the bond given by the crematory company to guarantee a compliance with the city specifications .was not worth a cent,- beewaee it was based on an illegal contract. The point in the contract Mr. Wood ward attacks is that the city gives its moral obligation for all of the cost price but $50,000, while the city chapter spe cifically states that the council of one year can not spend the income of an other year. Chief of Construction Clayton, who was standing in the group talking to Mr. Woodward, said that a similar contract had recently been broken by a sewer contractor in Savannah. The law preventing a council from spending a city’s future income Is a general state law and applies to all cities. It is not that Mr. Woodward's point is new that makes it important, but the fact that he, as the next mayor, makes it. In his announcement statement for the mayoralty, Mr. Woodward attacked the present administration for pledging so much of the city’s future income. Several hundred thousand dollars have already been pledged, the mayor and council having passed the Ivy street improvement project and the council having approved the plan of purchas ing a fire alarm system by the same means within the last few days. Contract Could Not Hold Good. “If the humblest citizen should take this matter to the courts, the contract would not hold,” said Mr. Woodward. "But the members of council who voted for it could be held personally liable, where they own any property. Alder man A. J. Johnson is the only one on record against the plan.” Following Martin Amorous’ inter view in The Georgian denouncing the building of the new crematory as a waste of funds and declaring that it would create such a nuisance that the people would demand its abandonment, Mr. Woodward went to the city hall and | HUB TALLEY AGAIN GETS STAYING WRIT AND ESCAPES JAIL “Hub" Talley has again slipped through the hands of the authorities and is enjoying the delights of free dom. The elusive young man. who first thwarted the authorities by being sent to the state Insane asylum on a writ of lunacy, put “another one over” today, when, through his counsel. Attorney John Y. Smith, he obtained from su perior Court Judge Bel] a supersedeas. This proceeding stays the execution of the stockade sentences, and gives Talley permission to appeal the recent habeas corpus proceedings to the court of appeals. EACH FREED 3 TIMES; REWED AFTER 20 YEARS KALAMAZOO, MICH, Oct. 25.—Mrs. Melissa Keef. at Grand Rapids, today was to wed Eugene Morse, a former husband, from whom she separated ten years ago. Nearly twenty years ago the couple were first married, and after living together nine years they separated Since then each has married and been divorcad twice. made an investigation of the contract. He did not say what he intended to do when he entered office, but he has always been opposed to spending the city’s future Income, while the present arlminlstration has started many im provements by that means. When th* crematory contract was made, however, there was little apprehension among the Councilmen that any antagonistic out sider would be elected mayor. Woodward Agrees With Amorous. Mr. Woodward agrees In the main with Mr. Amorous’ view of the crema tory plan. He said that the old crema tory was too valuable to be torn down, and that the new one was too much In the nature of an experiment to cost so much money. Mr. Amorous said that the real nui sance of the new crematory would be the passage of so ‘many garbage wag ons and trucks through the center of the city to the new crematory. He said that smaller, cheaper crematories, on the order of the old one which cost only $30,000, hut burns half as much garbage as the new one Is supposed to burn, should be built in different sec tions of the city. This, ho said, would save the city money by shortening the hauls. Retrenchment Policy Likely. Mr. Woodward’s statements point to a policy of retrenchment next year. If he attempts to nullify the crematory contract, council will be faced with one of the most serious problems It has ever known. This contract is held by the Destructor Company of New York. Work is to begin on the new plant shortly. But all the officials agree that when it comes to living up to the strict letter of the law. the policy de manded in the vice crusade and the locker club war, the moral obligation contracts are without the bounds. Mr. Woodward has planned with Chief of Construction Clayton a general inspection of all city construction work. He will make this investigation before he goes into office. “I am informing myself upon all mu nicipal matters,” said Mr. Woodward. DANIEL BROS. SITE WILL BE SOLD AT PUBLIC OUTCRY No. 45 Peachtree street, occupied by Daniel Bros., Is to be sold at a commis sioner’s sale before the court house door at 12 o'clock noon the first Tues day In November, by Forrest & George Adair. This and two other parcels are in the estate of the late John W. Mercer, of Greenville. The other pieces are 54 feet on Marietta street, Just beyond Thur mond, extending back to the W. & A. railroad right-of-way. and known as 336-338-340 Marietta street, and 82 feet on Bell street, immediately south of Edgewood avenue. FOURTH OLD VET DIES IN ONE WEEK AT HOME W. D. Broadnax, aged 66 years, was the fourth veteran to die at the Soldiers home in the past five davs when h< passed away yesterday. Two died Tues day night, while one died last Sunday. Mr. Broadnax was a member of Com pany H, Eleventh Georgia cavalry, dur- I ing the war. The funeral arrangements I will be announced later. MDOSERSBLOCK Pl VOTE PLAN Democrats Decide to Use Only White Slips When Progres sives Select Colored. Shortly after noon today. Chairman William J. Harris, of the state Demo cratic executive committee, announced that the proposed “pink” ticket for the use of Wilson and Marshall voters In the presidential election would be with drawn and the customary white ballot only recommended to voters. Mr. Harris said that the “pink” tick jet was proposed originally merely as a safeguard to the Democratic party in Georgia and to enable the Democratic committee to locate "bolters" in the fu ture. He said he had learned, however, that the Bull Moose party had decided, since the Democratic “pink” ticket idea leak ed out, to undertake the frustration of the Democratic plan by issuing a “pink” ticket also. This, the chairman points out, would defeat utterly his primary object, which was to confine the voting of the “pinks" to Democrats. Mr. Harris said, in further explana tion of his reversed attitude, that a number of lawyers of stalling had in formed him that to require all Demo crats to vote exclusively a "pink" ticket might be—and In some circumstances surety would be—construed to be intim idation and duress, and thereby endan ger the entire Wilson and Marshall bal lot in the state. This, the chairman said, the commit tee would be very much disinclined to hazard. He thinks ft much better to •withdraw the "pink” tickets entirely than to run any risk in the election. The "pinks,” therefore, will be with drawn, and the Wilson and .Marshall ballots will be entirely regular. ATLANTAN, UNABLE TO SUPPORT WIFE. COMMITS SUICIDE BIRMINGHAM, ALA., Oct 25—D T White, until recently residing at 42 White street, Atlanta, shot himself through the brain in the Southern hotel here last night. He was found dead this morning. He left a letter-addressed to hfs wife in which he asked for pardon for the rash act, saying that he was unable to support her as he desired. Coroner Brasher investigated the case and pro nounced It suicide. This Is the second Atlantan to suicide here within a month. Mrs, White is now living with her mother, Mrs. Stevens, on Ashby street. The family left the White street ad dress a month ago. FOUR WOULD BE KISSED BY OSCULATION ENEMY MINNEAPOLIS, MINN., Oct 25. Dr. P. B. Hall, who caused a bit of commotion by saying that even appen dicitis can be transmitted through a kiss and that the only safe way to kiss a woman was on her photograph, ar rived at his office today to find the photo of four beautiful girls, none that he had ever seen before, each bearing the inscription, "I want to be kissed.” HOME IPITION 2 CENTS EVERYWHERE P^ R N E ° CAMP FE NOWFACES POLICE TRIAL Slayer of Fellow Officer Beld ing Found Not Guilty by Jury After Being Out 16 Hours. MUST ANSWER CHARGE THAT HE WAS DRUNK Suspension Order Is Effective Until Board Hearing—Freed Man Tells Sensations. Bicycle Patrolman J. Wesley Camp, who slew his fellow officer. Samuel H. Belding, in the rooms they had occupied for years, was found “not guilty” in Judge Roan’s court this morning by a jury which had been out for sixteen hours. The verdict came as a stalling sur prise to many, and after the jury had asked the judge to recharge them on the elementary grounds of the burden of proof. Ballot after ballot was taken before the twelve “good men and true” de cided to give Camp, who had been at tacked as a victim of delirium tremens and charged with frenzied murder, his liberty. Suspension Order Issued by Chief. Unless relatives of J. W. Camp pre vail upon him to resign from the police force, he will face another trial on No vember 14. This time Camp will go before the police commission to answer charges of drunkenness preferred against him by Police Chief Beavers. Chief Beavers called Camp and his attorneys into consultation today and announced that he expected to lodge charges with the commission. The chief issued an order of suspension against Camp, which will be effective until the police board hears the case. Carlos Mason, chairman of the commission, said today that he had been led to be lieve by members of Camp's family that the office:' would resign from the force. The charges grew out of expert tes timony submitted by Dr. T. D. Longino at Camp’s trial, to the effect that he had treated the officer for delirium tremens a week or so before the shoot ing of Belding. After a harrowing night, in which several men stood out for a conviction of some kind, the jury came into the court room at 9 o’clock this morning Judge Roan was on the bench, and Camp as cool and unconcerned as ever, awaited the word that would decide hia fate. But the jury wanted a recharge. Aft er having listened to many hours of evidence and an exhaustive charge from the judge, they wanted the court to tell them upon whom the burden of proof rested. Judge Roan, of course, answered that It rested upon the state and that Camp was presumed to be innocent until proven guilty. At the same time the court added a few words about a "reasonable doubt.” the usual advice given by a judge in such cases. The jury returned to deliberate, while the sparsely crowded court room waited eagerly. Camp betrayed no emotion. Court Room Silent As Verdict Is Read. Twenty minutes later, the twelve men tiled in once more, and, amid a strained silence, the foreman announced the verdict: "We find the defendant not guilty.” A few friends of Camp, including his lawyers, rushed to congratulate him, >»ut tire officer himself took It all w ith remarkable stolidity. “I had no idea,” said Camp to a Georgian reporter, “that I would be con victed. I was confident all the time that a full recital of the facts would result It: my acquittal. But no one except the man who has been in a similar position can realize the terrible strain of the ordeal I have gone through. To wait in a prison cell for the trial, to sit in the court room while able lawyers de mand your life, and then the suspense while the jury deliberates—it is awful. Thank heaven, it is over.” Another Trial Faces Officer. The probability of another ordeal looms up before Camp—trial before the police commission on the charge of drunkenness. A number of witnesses charged that he was intoxicated at the time of the shooting. With his law ver, the freed policeman will see Chief