The evening world. Newspaper, April 19, 1915, Page 1

FINA EDITION = Pe atid, ONE CENT Caperight. 1918. by _ Sie re [Circulation Rook: ‘ Open nto an | © (The mee 8 NEW YORK, MONDAY, APRIL 19, 1915 (“Circulation Books Open to All 16 PAGES WEATHER far te mgm end Tusedep. pint = PRICE ONE CENT. - ROOSEVELT LAWYERS ATTACK JURORS ACCEPTED BY BARNES AT LIBEL TRIAL FRANK LOSES LAST APP IN MARY PHAGAN MURDER: AGAIN FACES GALLOWS Highest Court Holds His Rights Were Not Violated During ! Trial or on Conviction. Baseball T To- Day NATIONAL LEA LEAGUE. AT NEW York. PHILADELPHIA MOB RULE CLAIM FAILS. oo10 — NEW YORK— y “ 0000 a Appeal That He Be Released) parrrien pemaree and Killifer; . reau and Meyers. on Habeas Corpus Denied— — . AT BOSTON. SK H FIRST GAME. May Ask Commutation. deocki VR ea 0100010002 WASHINGTON, April 19.—Leo M, | BOSTON— Frank, the Brooklyn man under death 40003000 —7 a Batt * — Combs und o! @entence for the murder of Mary], Patterins — Combs ahs tfecariy: Phagan, an Atlanta factory girl, lostjand Emsiie. a d s ND GAME @hat is regarded as the last step in BROOKLYN hie Aight for life in the Supreme 20100 9 Court of the United States ey: BOSTON In a decision, to which Justices 12010 _ Golmes and Hughes dissented, the] parterieysinith and hililer; fie @ourt dismissed Frank's appeal from |dolph and Gov @e Federal Court of Georgia which —— fefused to release him on a writ of AMERICAN \N LEAGUE. Babeas corpus. Frank contended | T PHILADELPHIA. @hat alleged “mob violence” at his HIGHLANDERS trial, and the fact that he was absent 02 = from the courtroom when the jury | ATHLETICS- Seturned its verdict had removed him 00 cs @rom the jurisdiction of the courts of} Battertes — Caldwell and Nuna- maker; Pennock and Lapp. Umpires —Connolly Georgia. The majority opinion of the Su- preme Court to-day rejected all those @ontentions and declared Frank had joyed all his legal rights in the Seorcia courts. Seemingly no other avenue of es- pe from the death penalty is open Frank through the courts, The @tate pardon officials might aid him Judge Pitney, who delivered the and Chill AT WASHINGTON. BOSTON 1000 WASHINGTON— 0000 Batteries—~Mays and Thomas; son and Ainsworth, and Mullaney, AT PITTSBURGH. KANSAS CITY— John- Umptres—-Pyins @pinion of the court, concluded by 0100 sayin; Ener ~ “In all the proceedings in the courts | PITTSBURGH ef Geo the fullest rights and op- 0000 = Portunity to be heard a-cording to} Rutteries Packard and Basterly the established modes of procedure Hearn and Berry, Umpries—Brennan have been accorded to him." a i) “In the opinion of this court,” sald fustice Pitney, “he Is not shown to} HAVRE DE GRACE RESULTS, bave been doprived of any right guar- fatecd to him by the Fourteenth} FIRST Rac r fillies; two- Amendment or any other provision oad four furlongs *Blume, 104 tf the constitution or laws of the| (Buxton), 16 tot, 4 to 1 and 6 to 6, first; Shaban, 108 (Metcalf), 20 to 1, 8 to 1 and even, second; Casco, 104 (McAtee), 5 to 2, 2 and out, third. Qnited States. On the contrary, he fas been convicted and ts now held f® custody under due process of the faw within the meaning of the Con- zit M44. Pocket, *ardent, fitution.” Belle of Kite! and Willy Felfia ‘The principal points raised in sup- ee Hien wrt of Frank's application for re- Pap ng 5 —_ SECOND Rack. Selilug; three.) fehl on habeas corpus as presented | year-olds and up; »ix furlongs Sleuth, to the United States District Court if Ambrose, 13 to 10, 1 to 2 and out, fm Georgia and to the Supreme Court first; Sliver mood. 16 (Mee, ‘ahey), @f the United States on this appeal, |!2. 1s 4 to 1 and 2'to 1, second; Free Trade, 112 (Met p tol, 6to land were: 5 to 1, third, Time, 1154-5, Martin First, that the disorder in and a, Slumberer, “Nepthys, Lights bout the court room during the trial! out, Arcene, King Radford, Shrews | bury and Miss McGiggle also ran THIRD RACE—Handicap for maros and geldings, three-year-olds and up and up to the rendition of the verdict | fQmounted to “mob domination,” to @hich not only the jury but the pre-|ward; five furlongs. Kewessa, 16 tding judge succumbed, and that | (Butwel), 4 10 6 out and out, ‘tirat; this in effect brought about a dissolu- | Hauberk, 100 ¢ ruynee)s 3 to 4, 48 08 tion of the court and deprived it of | (Taptin), 5 Ato and cuttin, Jurisdiction to recetve a verdict and pronounce sentence against the pris- Time, 1.00. Reliance al ran FOURTH RACE Wilmington 3 s 1 Stakes; for three-year-olds; five and Secondly, that Frank's involuntary |q half furlongs.—Norse King, 108 ebsence at the timo the verdict was| (McCahey), 11 to f, 7 to 10 and out, fendered deprived him of an essential | capt eee sreraey) Bite 8:1 9 “ ‘ and out, second; Protector, 111 bart of the right of trial by jury, and well), § tu 5, 1 to 2 and out, ‘third @as a deprivation of the duo proce: of law guarantecd by the Fourteenth Amendment, and that such absence gould not be walved by Frank; and, irdiy, that the ground upon which @e Supreme Court of Georgia over- @uled his objection based upon his ab- ence when the verdict was rendered | 1.071 The Masquerader, Ninety Simplex, Sing Song and Dinah Do also ran, FIFTH RACE year-olds and up; ¢ enty yards.—Star tinger), Lochiel, Selling; | three- e mile and sey- Gite, 111 (Shut- 7 to 10, 1 to 4 and out, first; 113 (Taplin), 56 to 1, 8 to & (Hartwell). 7 to 1, 3 to 1 and 4 to 6, (Continued on Sixth Page.) York Lad and Bamboo also ran. and 1 to 2 second; Christophine, 106 | THOU SHALT NOT \c ondemned COMMITAFFINITY,”: =. SAYS BILLY SUNDAY —ome (duotes 1915 Version of Com-} mandinents to 3,000. Minis- ters in Calvary Chureh. RAPS "EM, THEY LIKE IT. “T Wouldn't Cross Street to Get Call to Save New York.” Billy ministers, Sunday told three thousand theological students and a sprinkling of laymen in Calvary Bap- tist Church in West Fifty. nth | Street to-day that he wouldn't walk| across the street to get a call to breach in New York. “I Just want to set you people and the newspaper reporters right as to why I'm here," lie sald. "1 want to disabuse your minds of any ide. chat I'm trying to get a call to New York. T wouldn't walk « the street to et one; that's how [ feet about it “Et th Lord wants me to come to Now Kk He'll let s+ know and I'ji © You asi me to come Here to- day and that's why I'm hy There was 1 mistakt ¢ the enthu- in the vicinity at the tim he Fermo tried to rescue the ere of the Vanilla, but was driven off by ltrled to etrele bi at that trawler, BATTLEINTHESKY k toward his own | y | Hines, but always an English aero hind, ‘Time, 1453-6, Joe Diebold, the submarine, which fired a torpedo | plano Was interposed and he wax |forced down toward the earth, Then! O¥ = | Man Who Has Lost ‘Last Appeal; Girl He Is Accused of Having Murdered <n | | | | | ARY PHAGAN | “Tine German swung about to make oue | Hfinal dash for home, but te was now | that he was w WILSON URGES aw hin rang siasin of Billy's audience in Dr. Max the thousands of British soldiers tn] Arthur's old church, He was ap | the trenches. plauded long and loudly, and twice | ‘The German machine, now sand- when he wanted to stop he we wiched between fire from the ee | on with ertes of "Go ahead, aeroplanes and the British trenches, } el turned buck and flew well into Brit ) his arrival and upon his de-! ish territory, Which Was accepted ay parture he was surrounded by a great a sign of surrender. | crowd at the chureh entrance, and English ac nes followed there was so many persons at the door aeenilie—emere until they saw the German land on -_ >— | of his motor car clutching for his Sythe i the rough ground in the rear of the . hand that he got away with great /WO English Aviators Outiman-| nritisih trenches, ‘The German ma- Supreme Test of Nation Is Self- difficulty, ‘The last thing he said was AueeCAtE Sea chine was smashed, and the pilot . a: that he and Ma Sunday were going OCUVTE AN Enemy and Force | crusned to death under tie acroplaae,, Possession, He Tells Daugh- to Iuneheon and then to see two or Fiat the observer officer was only) three innings of the Glants-!° ties Him to Earth, stightly bruised and was taken pris ters of Revolution, Kame at the Polo Grounds. -_—-——— oner, ‘The battle in the sky had! On the rostrum of Calvary Chureh 72) ‘: lasted four hours. were the Rev, Arthur 'T. Brooks,! By William G. Shepherd. All bu: sin Ypres ceased while! WASHINGTON, April 19.—Preal president of the Baptist Conference; | (CPM WM ny the Fuvet reas, Contant! the battle was on, ax it was In full dent Wilson a calmness on the Rev. Dr. GU. Wenner of the Luth-| HEADQUART “yn BRET. | View Of the positions, and the deep! part of the United States during the | line of the sky was marred only by) Kuropean crisis in an address : jeran Church, and ies Dr. Charles! 1911 ARMY, Northern Mrance, Sune | Me OF Ue ns Ps eh , Hee Lae padi u i ee ee A. Faton of the Madison Avenue smoke trom the stirapnel jaodisy ue the Co Baptist Church, They were particu. | 4% April 18 (via London, Aprit 19.) h of the wings of the avros| or the Panehiters the Americ larly enthusiastic in appliuding the| 7H! Was day: privil fay to wit Revolution. He said) that he evangelist. neas a wonderful of) peak only in general tern The first thing Billy told his hear-| in, pertority | it Was indivereet for him to speak ere after “Rodey™ and his trombone! yin. gorpe mt all had led In" Brighten the Corner Where | At 4.80 P Vresiden declared that) the You Are’ was that it behooved th. | is : or'eiag . oes ten, from st of a nation was self Chureh of Christ to wake up, for this} WAS reported fivtn os, Prom HR TERCH the power to restrain | tant 1 Daakrret IMARD. EN r n calm \« wh WAS tie! 0a en Of a sew-ere LS: Gatuns seein 4H Here” | day granted the applications for billy of Tn calms, ANG He Woe is business of being saved by| planes could he seen rising into the] MM cutwes fled dm beball wf twelve t= | bey st everything it does. ‘The character,” he went on, more Sky in great wide circles hictad dicectara ae :the New York, New} Unit tes, he said, must posaean tommyrot spouted in orthodox pul The German avinto aded back) ttaven and Hartford Railroad As the | the jad. | temperament, not in or- pits tin God We Trust’! over the rinan tre making | result of Judge Hunt’y dectsion. reached |der to Judge others, but in order to | on our coinage, but there are 70,000,000| for the protection of his own guns. After several days of argument by at- | judge calmly what it doom Itself people in this country who are nut) AS he led the way white lorneys for both sides, thy nent Hy declared that he hoped that «| chureh members, [don't wonder this smoke, each bigger than the Will be compelled to specify the charges) very quiet influence in the United] old world is going to hell so faut” [British aeroplanes linder whieh tt will atempt atu tent WOOlil ao Greats al Billy , tho: cat that the [In the centre of each was 1 violating thes ober se ht on every que ; } Le : s ‘They wero ¢ iston favors Wilita' Non which arives, since frat thoughts manner in which te 1 Oat ent la ines ree MacCollough = Miller, | were usu ty and tl-advised "ASH" “svould ‘i he amoke puffs did not disappear but | aries F. Brooker, D. Newton Barney! The | scribed the United s n't care whether hung in almost regular order In space} yi yess, Memmaway, Lewls Case Led. | States an a telting pot of national ai ee [It eppeared from the ground that tie) ara, a iy Mrederick F. | tes, and at the Natiow was ol cond age Germans were puttin, new y | Vrrewster Me Hare te ow on its saet righteously, (Continiied ef Second Pass.) jeans An ike oleae | Wo Taft Speuking particularly of patriotio 1 nh si | ryanigations like the D. ALR, the j The British airmen were trying ss Fed iirdtniy de Nera bard to above the German so ¥. m, Billinrdiat, In unless they were brought they could shoot him down, As Hankrupt. » date and made to apply to the we though their propellors ware pion billinsdiit, now proprietor of lea to Shay ale was hora fesrine art a gicnntic feather hed |un academy at Forty-eighth Stroot and oew exactly, the way” avery othe | Germans Drive Away Another! The aviators ignored the ¢ 1 | Broadway, fled a voluntary petition In| nation does when she lowes her rec. | @. shrapnel Finally tholr machines | b4nkruptey to-day tn the United ollection of her main object, as some- | Trawler When She At showed in relief above the German fet Court \ thes, perhaps, she herscif han done, } § k (S875 and nh ‘The i pursuing some Immediate aad tempts Rescue who had soare aok across the Brit: | principal a the Brunswick: | trorsitory ob ish front to lure the British within | Malke-Collender Company, with a claim, "i ask you toe rally to the cau HULL, England, Apri 19. Tae! range of the shrapnel of his forward | 19 S16 280. mecured by) i } which in dearer in my estimation than Grimsby trawler Vanilla was torpe-| trenches pare Ainong the POC hae rarenencer eae yianteeic to by doed and sunk with all bands by 4a) It was possible to count thirty-two jeut et ra mocounts of patrons amount- these who hold thelr minds quiet ang | German submarine Sunday. Word German smoke balls, euch denoting |!" am | jude according to principle.’ of the disaster was brought he 1 |shrapnel, as the British ewung closer | President Wilson arrived at the day by the trawler Permo which wis)and close to thelr fos, ‘The German | arate, Ven Wel tiilics meeting during the reading of r Ax he and his party entered hall one of the women turned ard bins and satd: “Hush. ‘Pre | ident and his party waited until prayer wee over, aie ito ‘Tekst Olle for all ra ord America gy i tod ‘oe Ri of) Ge he he CROWD |ot a load of perishable stuff on my |taken the horses and truck to the boss's ——___-¢2 -—__ FILLS COURT AS POLITICAL ENEMIES CHOOSE MEN FOR JURY Whole Day Spent in Examining Talesmen — Ex- President and State Leader Sit Back to Back in Supreme Court. CURB PUT ON ROOSEVELT BY HIS OWN LAWYERS. (Special from a Staff Correspondent of The Evening Werld.) SYRACUSE, N. Y., April 19.—Theodore Roosevelt and William Barnes, State Republican leader, sat bac! to back in court to-day when the latter's $50,000 libel suit against the ex-President was called for trial. William M. Ivins was in command of the Barnes legal forces, and John M. Bowers was chiet counsel to Col, Roosevelt. Two hours were required to fill the jury box with twelve men who passed merely the probationary examination of one side, Then both esi counsel had a little talk in the back room, and by consent three jurors were bowled out, including James Cregor, the first chosen. Barnes got tired and lett the courtroom, but Col. Roosevelt sat rigidly at his Post and never took his eyes off the jurors under examination, At 12.30 court recessed until 2 o'clock, with nine Republicans, two Democrats and one Progressive temporarily in the box, most of them farmers from country districts. The defense had exhausted four of its peremptory challenges SENTENCES TEAMSTER, LETS HIM DELIVER LOAD BEFORE GOING TD JAIL Hobbins's pay Return Re- The court room was crowded to ite capacity. Special police held back hundreds who clamored in vain at the outer doors of the court house, Counsel for Barnes at the afterncos eae said they were pretty well with the men in the jury ea hap turned them over to Col, Roosevelt's lawyers for examination. The defense was much more partiou- lar and searching in its questions & German born juror was asked: “Have you any prejudice because of the stand taken by Col, Roosevelt in the European War and toward the ale leged violation of Belgian neutrality?” DIDN'T KNOW WHAT COLONEL'S ATTITUDE WAS, The juror had none because he 414 duces His Sentence From Thirty Days to One. tharles Hobbine, teamste: Opal na 8 feamster, 88) not know what the Colonel's attitede arraigned in the Brooklyn County! was, Another question was: Court this afternoon for sentence. He! Do you believes it is the right ef had been out on bail since Feb, 6,/a citizen to criticise persons holding when he was found drunk in broad day- | Office aa to administration of publip light trying to pry hia way into the | faire?” barber shop of Annllo Esposito, op- | Mr. Ivins put in objections for the posite the Adams Street Police Court, first time and Justice Andrews sai@: “Your honor,” said Hobbins, “I've | | ‘Or course a citizen has the right to comment on and criticise public af- faire.” Roosevelt truck outside If I'm put away thi minute it'll all spoll and I'll be tin bad." counsel sought to intre- “Very well.” ruled Judae Roy “I'm! duce political subjects in questions to going to send you to the penitentiary | jurors. Barnes's counsel objected for thirty days. But you go deliver |). your perishable stuff and put away |“s0rously and was sustained by the your truck and hurry back here.” — |CoUrt. One question aimed to opem tp “L will,” said Hobbins, “Maybe ry Yl@W® on corporation campaign com- be delayed a little, but I'L be back be- ,tfibutions; another to popular move- fore you adjourn |ments for political reform; a third Hobbins returned to court after he to Albany printing contracts. The had delivered his loud at the pter of the |Court's quick and vigorous shutting Italian line, In South Brooklyn, and had | out of these questions gave encourage- ment to Barnes and his lawyer, Roosevelt counsel brought in the name of Charles F. Murphy by asking ba whether a Democratic juror would are prompt,” sald the !nave any prejudice if Murphy were Also your employer says you are honest and industrious. Suppose 1Ch#red with the same acts as the let you off, will you drink any more?” Diuintiff in this case, Barnes's coun- ever again, your Honor, replied | so abjected, but the Court ruled eR eee et sade Han’ + win (Against them, indicating that charges ive you the Hgbtest eentenpe, one day alleging Barnes and Roosevelt collw ater brought back here You will wet the on will be admitted in the trial, limit.” Raping en ge! After long examination the Roose- re tate aclaimed rece; valk lapyere. Sha)ianaae, tose sarees Jet him out of jail Spade a bee tine fer bon three Republicans, Lawyers ealll | \ r } ’ 0 Wost Street, Manhat- nt n lotter from his bose, xtolling his charac stable at Ni tan 1 soe you Judge.