LBANY DAILY DEMOCRAT, THURSDAY, FEBRUARY J5, 11J
PAOK THREE
LEO FRANK'S CASE AODUEO
(Cinilliiiinl from lugr I )
iik'linliiig Attorney iriirr.il Wmrrii
(iikr uml Solum, r (Jriicral 1 1 mt. M.
Oursry, hniiwn ns "I'.tnk iirmrM,"
liu irnmi utril the oar in llir C.or.
uu rniiiu.
Minding I' milk's nailery of lawyer
tv.in l.iniiie f uralnill of llie f It ill of
Murtlull, (iiiKKenl.rini & Unlri nii-ycr
of New Vnik. Atl.inla lawysra were
Henry C. l'eoi1ri mill Henry A. Alra
;mti'r, nilli I'liltoii Hiylawiki of tliii
t'ity. Jewjuli frirml'i of l'r.'ink in
Hrrmklyn, liii former Iioiiir, have ral
llnl to lui aii, morally and finaiHUil
tv, it In rrioileil.
EYES OP ALL NATIONS
ENGLAND
furnishes tht greater part of ill glass
used for spectaclea and eyeglasses In
thia country. Thla great war haa
turntd tht attention of American man
ufacturer to the problem of manu
facturing optical glass in the U. 8. A.
TO
K. C. Mctulc, Optometrist
n
rvur-actraa 1
You Cannot Afford to be Risky
in the purchase ol drugs and medicines. So much dependa on their
purity and strength that it ie playing with health and even life it
aelf to uae tlioae about which you are not abaolutely certain. You
cen be certain il you do yor drug buying here. You get exactly
what the doctor order without adulteration, dilution or substitu
tion. Burkhart & Lee, Druggists
Spring Merchandise
Garden Tcols, Rakes, Hoes, Shovels, and
Garden Seed
A complete line of Farm Implements at
attractive prices
Hulburt-Ohling Hardware Co.
Third and Lyon Streets
The courtroom waa crowded today
to hear the legal battle. Unique legal
point! involved caused niucli proles
ional interest. There wai a atir of In
Irrett among the tirtluturs a Frankt
cane waa called.
Alleged denial oi couatitutional
rights of I 'rank on two grounds were
the principal plea made by hit coun
cil. One waa Frank's abicnce from
the rourt room when the jury' ver
dk t waa rendered. The other wai the
aliened "mob spirit" during the trial
which, I' rank coulenda. Intimidated or
at lent awayed the jury.
The (icurgia atlorneya combatted
Frank's plea with tl.e explanation
ili.it Frank'! lawyer! waived hie pres
ence in court of fear of mob violence
in cane llie jury brought in an acquit
tal or disagreed. They alto contended
tli.it Frank's move to let aide the
verdict became of hit agience from
court waa made too late by hii coun
icl. Technically, the proceeding! today
were review by the lupreme court of
illiinimal by U. S. District Judge!
Newman of Georgia of Frank'a appli
cation for a writ of habcat corpus,
hasrd largely upon his rbtence from!
court. Justice Lamar, in charge of
the Georgia circuit, granted the writ
or review latt December after the
court had previously refuted to re
view the original trial proceeding!.
The supreme court ha! never ruled
whether on a murder trial in a state
rourt the "due proceti" clauie of the
constitution guaranteed the defend
ant the right lo be present when the
verdict it rendered. Neither haa it
ruled whether Frank'a failure to ask
a new trial became of hit absence
from court, after the state ' court!
nils permit filing of auch a motion,
it a denial of the defendant's coniti
lutional right!.
These were the two principal unique
legal question' presented in the ar
guments today.
Frank's attorneys contend that
Frank, personally or by counsel, could
not waive his constitutional right to
be present in court, nor be rectified
aflerwTrd by them.
Regarding the "mob spirit" preva.
lent at trial, Frank's attorneys con
tended, and presented numerous af
fidavits in substalionation, that the
jury was dominated by the moh. It
was stated that the mob's conduct
"intimidated their judicial functions"
in violation of the "due process"
clause of the constitution guarantee
ing all persons due process of law.
In detail, it was atated the court
room crowd was openly hostile and
could not be restrained from applautc
and other demonstrations of points of
evidence or argument against Frank.
If the supreme court grants the
writ of habeas corpus, Frank will be
freed technically but will probably be
immediately re-arrested and forced to
a new trial. Denial of the writ will
apell death on the gallows for Frank,
after being re-aentenced by the Geor
gia trial court.
The murder of the Thagan girl was
brutal. Her face was bruited so that
identification waa difficult. A cord
was tied tightly around her neck and
her clothing torn to shreds. Criminal
assault was the object of her assail
ant. "Jim" Conley, the negro, declared
Frank murdered the girl on the top
floor of the factory, cleared for the
holiday, and forced him to help take
the body to the batement. Conley
received a sentence of one year, which
hat almost expired, as an accessory.
SIOCK AND SWINE
INCREASING IN QUANTITY
Wathington, Feb. 24 Meat at SO
cents a pound and shoes at $10 a par
are further away than ever, the de
partment of agriculture announces, for
the reason that for the firat ime in
many years all classes of live stock
in the United States are increasing in
numbers.
Despite the ravages of foot and
mouth disease, the number of beef
cattle increased by nearly a million
and a quarter, or 34 per cent last
year, after declining steadily ever
since 1910. There were half a million
more milch cows on January I than
a year ago. Swine increased nearly
6.0D0.OO, or more than nine per cent.
In the face of the exportation of
horses to the allies, these animala in-
created 233.000 head, and there it no
reason for a shortage of horses, says
the department. The increasing use
of autos took the average price of
horses down to 6 and mules down
$1150 during the year.
Importation of hides showed a fall
ing off. "There i, however," ays
the department, "little reason to tup
pose this decrease will be permanent
or of sufficient importance to create
any real scarcity. Sine the great
bulk of the imported hides come from
countries now at war, shipments are
not interfered with in any way, and
the only new factor lo be considered
it the possibility of an increasing de
mand by the warring countries."
"It is believed," the department
continues, "that the United States ia
in better condition to face loch s sit
uation than for years past. The tide,
h seems, has turned. Instead of live
stock steadily decreasing year after
year, this year, for the first time, all
classes show an appreciable increase,
including horses, mules, milch cows,
beef cattle, sheep, and swine, there
were on January 1, 1915. 7J2fUi
more farm - animals in the United
Slates than on January 1, 1914. The
increase in the total value was $78,-
024.000 or- 1.3 per cent. It U quite
true that this increase is not yet pro
portional to the increase in popula
tion, which is approximately 2 per
cent; but the fact that there it an in
crease .that the tide seems definitely
to have turned, it regarded sa a suf
ficient answer to alarming exaggerar
lions and misleading figures." .'
i
Asiatic exclusion should not be ap
plied to Chinese trees, says the de
partment of agriculture. These trees
thrive in the United States for the
reason that the climate of eastern
China is about the same as that of
eastern United States. 'The depart
ment advises importation of Chinese
map' which is s particularly orna
mental shade tree. Chinese peaches,
quinces, hazelnuts, and holly, will take
an important place in the American
market if the trees and bushes are im
ported and planted in accordance with
the department's advice, it is stated, j
Holiday apple eating fell off last
year and dealers have large cold stor
age holdings on their hands, the de
partment of agriculture announces.
A regular, vigorous movement
throughout the remainder of the
son may be necessary to prevent dis
aster in the spring," says the depart
ment "Growers and dealers are urg
ed neither to dump their holdings
nor to stand for arbitrarily high
prices. Panicky selling usually meant
grief, but all concerned should seek
to move cold storage apples gradually
and with such rapidity as the market
allows, so that the deal may be wound
up in relatively good shape.
Bowlby Will Continue.
(Ry United Press Association)
Salem, Feb. 24 The stale highway
commission has agreed to permit the
state hirrhway cnirjncer, bowlby, to
continue indefinitely in hit official ca
pacity. Hit resignation wat demanded
two weeks ago.
EDUCATORS IN CONFERENCE.
Cincinnati, Feb. 24. Public school
superintendents from many cities of
from 10,000 to 25,000 population gath
ered here today in response lo s call
by the Federation Education commis
sioner. The meeting is in connection
with the convention of the N E. A.
superintendents.
The u'-'arkaole feature .hit alc
i lie hut. t ualily of the uun ot
tered, together with the easy terms.
See Van Dyke's ad on page 2.
Mi
A QUALITY STORE
We sell the best at lowest prices
Watch Repairing
F. G. Will
if I ft
FOR ALL KINDS OP
HILL WORK
Both phones Foot Ferry St-
SATURDAY
FEBRUARY
27 -
We will have on
display an un
usual showing of
new Spring Mil
linery for your
inspection.
You are cordially invited
to attend
Cabinet Work
Albany Planing Mill
Real Estate
Loans & Insurance
Collins & Taylor
Hamme! Hotel Building
FURNITURE
For Sale
Entire contents of 7-room house
either by the piece or all in one
lot, consisting of 4 Iron beds,
springs and marts, about SO yards
of new matting carpets, y, dozen
small rugs, 1 oak dining room table
with 6 chairs to match, linoleum,
t chiffonecr, 3 stand tables, 3 rock
ers, 4 dressers, commodes, lace cur
tains, couch, baby bed. cook stove,
tubs, in fact everything in the
house. The house is for rent, in a
good location, cheao rent, and par
ties looking for house where they
can rent out rooms will find this a.
good buy. This must be sold by
Saturday. Call at 127 W. 5th St.
READ OUR WANT ADS
ROSTEIN & GREENBAUM'S
GREAT CLOSING OUT SAL
of the KINNE MERCANTILE CO. STOCK
We have purchased this entire stock at practically 50c on the dollar. That is why weare Closing Out the entire
stock at such a liberal reduction. Make a big saving on all your needs m Dry Goods, Furnishing Goods, Notions
and Shoes. (Nothing Reserved.)
Ladies and Children's
UP-TO-DATE SHOES
ONE-FIFTH TO l3 OFF
ENTIRE STOCK
EMBROIDERIES
I3 OFF
ENTIRE STOCK
LACES
l3 OFF
KID GLOVES
$1.25 now 95c
$1.50 now $1.15
$3.50 long gloves . . . 1.75
LISLE AND SILK
GLOVES
25c now 19c
50c now . . . , 39c
75c now 55c
$1.00 now 75c
SUMMER
UNDERWEAR
10c now 7'2C
15c now 11 c
25c now 19 c
50c now 39 c
New Spring
Coats and Suits
We can save you fully one-third
of the regular-prices.
First Shipment will be: in by
SATURDAY, FEBRUARY 27th
NO ALTERATIONS AT OUR SALE PRICES
Ginghams, Percales, Out -ing
Flannels, Muslins and
Sheeting at
WHOLESALE COST
Ladies' and . Children's
HOSE
121c now 9c
15 c now 11c
25 c'now ; 19c
50 enow 39c
DRESS GOODS
25c now 19c
50c now 39c
75c now 55c
$1.00 now 75c
$1.50 now . $1.15
, per yard
RD3BONS
Entire Stock
TO
OFF
CORSETS
Entire Stock of Royal
Worcester and Nemo
Corsets
1 OFF
BED SPREADS,
COMFORTS AND
BLANKETS
TO
OFF
EGGS
Taken in trade at
HIGHEST MARKET
PRICES
ROSTEIN & GREENBAUM
GREAT CILOSIMG dDTLTTT SALE
OF THE KINNE MERCANTILE CO., 215 - 217 W EST i SECOND STREET, ALBANY
FIXTURES FOR SALE
Large Hall Safe, Three
Floor Show Cases, Rem -ington
Typewriter, Mim
eograph, Etc.