davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1913-08-15
FATE OF FRANK MAY BE IN
HANDS OF JURY SATURDAY

tonight that this record contains more
than 100000 words
Mrs. Emil zelig, Franks mother-in-
law. testified today to Franks good
character and habits and said that his
domestic life was happy one
Attorneys for Frank made Wig
orous effort to have stricken from the
record certain questions characterized
by the defense lawyers as leading ana
insinuating which were put to char
acter witnesses by Solicitor Dorsey to-
day.
Judge Roam ruled that the questions
should stay in evidence, holding that
the state could ask witnesses whether
or not they had knowledge of certain
alleged improper conduct on the part
of Frank, but could not itself intro
duce testimony in support of these all
Legations.
Several witnesses were introduced in
an effort to establish an alibi for the
accused superintendent.
Neighbors testified they saw him at
his home few minu,es after the state
claims he finished the disposal of the
Phagan girls body at the pencil fac
tory. several blocks distant.
The Birmingham age-herald., 1913-08-15
NEW YORK SCENE OF MERRY
ROW OVER CURFEW CRUSADE

ficials," recommending grand jury In
vestigation
Mr.. Whitman conferred with the
grand jury and 1t was announced that
an inquiry would be begun next week.
Acting Police Commissioner Mckay
tonight announced that Healy's would
not again be disturbed pending hear
ings in the cases of Dwyer and his
men.
The mayor informed Mckay that ii
would be ,"unseemly'' for the police to
enter the place again and encounter
Mr. Whitman's opposition.
You will continue to perform your
duty in this respect at all hotels or
liquor places where the district attor-
ney does not oppose YOU" the mayor
instructed Mckay. "As soon as he op-
poses you, cease. II we are to have a
which we suppressed In these places tho
police department cannot be blamed
therefor"
The mayor and the prosecutor each
issued statements placing responsible
ity upon the other, II Mr.. Whitman had
informed the police commissioner or the
mayor that he disagreed with their in
depreciation of the liquor tax law. the
mayor declared. the police would have
followed the prosecutors views.
Mr.. Whitman replied that IL was not
his duty to advise Mr.. Gaynor or the
police as to the law.
The Birmingham age-herald., 1913-08-15
GENERAL
OF NATIONAL GUARD
RECOGNIZES GLYNN
Cannot Take Orders From Sulzer I'm
til He Clears Himself-Machinery
of Government Demoralized.
Question May Go to Courts.
Mrs. Sulzer Continues Ill
GLfNN WILL DEMAND THE
EXECUTIVE CHAMBER OF
GOVERNOR suIZER TO-DAY

Albany, August 14.-Iieuten-.
ant Governor Glynn will make a
formal demand upon Governor
Sulzer tomorrow for possession
of the executive chamber at the
capitol and thus bring to an is
sue the question as TO who Is
governor of the state of New
York. This was announced to-
night by friends of the 1ieuten
ant governor
Governor Sulzer. II is said,
win refuse 20 relinquish possess
sion of the chamber and In am
ticipation of such demand is
understood already to have pre-
pared a letter flatIy declining to
accede to it.
What further action will then
be taken by Mr.. Glynn was not
indicated tonight, but the gem
eral expectation was that the
rival claimants TO the governors
chair would resort to the courts =
for test case under an agreed
statement of facts
Word came from Saratoga to-
s night that Secretary of state
May would refuse to recognize
Mr. Sulzer as governor unless
Attorney General Carmody
should render an opinion te the
contrary. Adjutant General Ham
ilton formally recognized Mr.
Glynn as governor this after
noon.
The Birmingham age-herald., 1913-08-15
Mayor GaynOr and District
Attorney Now at Swords
POints-Each Blames the
Other

New York, August 14.-With Mayor
c.avnor and District Attorney whitman
at odds over the mayors l o'clock cur
few crusade. magistrate today issued
warrants charging assault against
Police Inspector John F. Dwyer and 13
policemen who were concerned In eject
ing men and women diners from Thorn
as Healy's restaurant an hour after
midnight this morning. Mr.. Whitman
was among those driven out.
Dwyer and lve of the policemen
were arraigned in court and held for a
hearing Saturday morning. Magistrate
Deuel.. who took the pleas of the pris-
oners. wrote TO the district attorney
declaring there had been ''usurpation
of judicial functions By the police Of
The Birmingham age-herald., 1913-08-15
KNOX DECLARES
O'NE.AL MISLEAD
BY HIS ADVISORS
Admission Man Discusses
the Clayton Appointment.
Disappointed, But Not
Disgruntled

Washington, August 14.-(Special.)
in Washington for a few hours on his
way to join his family on the east
coast of Massachusetts He was asked
if he had anything to say on the SEN
atorial situation in Alabama. He said
II am naturally disappointed at the
turn events have taken. have been
a warm friend and supporter of Gov
ernor O'Neal and made the race for the
Senate at the same time he made the
ment for the Senate declared in favor
of the election of Governor O'Neal.
When afterwards vacancy occurred in
the Senate if he had the right to ap-
point, l naturally presumed. If I were
otherwise fit and capable, he might in
turn think l was a At and capable man
for the United States Senate, since l
was the only friend and supporter
he had, whose name up to that time
had been mentioned in connection with
this office The result shows that
I was mistaken in this assumption Not
withstanding this, / am neither sore
not disgruntled, l shall not undertake
In any respect to influence the Senate
in its action upon consideration of the
appointment.
O'Neal Mislead
Governor O'Neal has simply been
mislead by his advisers in this and
= s. -- -
fContiDucd an page Thr~al
The Birmingham age-herald., 1913-08-15
Defense Predicts Case Will
Close by Friday-More
Character Witnesses In
troduced

Atlanta. August 14.-That the trial
of Leo M. Frank for the murder of
Mary Phagan the little factory girl
would end this week was predicted by
attorneys for the defense late today
Luther H. Rosser. one of Franks coun-
sci. said that the defense expected to
close It's case Friday. Should this be
done, the fate of the accused man may
be in the jury's hands before midnight
Saturday. Although the trial has not
yet covered three weeks the records of
the case are said to be the most vol
luminous of any criminal trial In the
history of Georgia 1t was estimated
The Birmingham age-herald., 1913-08-15
TODAY'S AGE-HERALD

Henry Lane Wilson publicly repri-
manded.
Senate mussed over senatorial sit
uation.
Struggle between Sulzer and Glynn
continues.
Henderson defies Conner charges.
20 Neal convinced he had power to fill
vacancy.
3-Brickell's view on power to appoint
Editorial comment
5-Julian agrees with Walker Percy.
Members of board of revenue aid road
workers.
Eight governors of Alabama
clayton will be seated, says Bank
head
6--Society.
sports.
11--Markets.
l2-Eager to have legislation ended
The Birmingham age-herald., 1913-08-15
TWO SENATORIAL
MUDDLES CAUSE
MUSS IN SENATE
Situations i'm Maryland Pre-
sents Knotty Problem.
Senators Divided on
Subject
ny G. e. STEWART.

Washington, August 14-(Special. 1.-The
United States Senate is in muss over
two senatorial situations involving the
seats of two senator's, one from Alabama
and the other from Maryland. and all
on account of the new seventeenth amend
ment.
The situation of Alabama and Mary
land. however, are not analogous, al
though in one respect the issue is the
same.
When Senator Raynor of Maryland died
the seventeenth amendment had not been
adopted. hence the governor of Maryland
had full authority under the constitu-
ton, to appoint senator who was en-
titled to hold office as provided in the
constitution, until the Legislature met and
named his successor. Shortly after the
appointment of Senator Jackson. by Gov
erBor Goldsborough of Maryland the sew
requisite number of states. Governor
Goldsborough then took the view that it
was his duty to issue writs of an election
for United States senator, which he pro-
ceeded to do
Wide Divergence
There is a wide divergence of opinion
as to the authority Governor Colds
borough has to call an election without
the authority of the Legislature Senator
jackson, all agree is entitled to hold his
seat until the legislature of Maryland
meets, which is next January, because he
CONTINUED on Page Three)
The Birmingham age-herald., 1913-08-15

Washington August 14-President Wilson tonight public
y reprmanded Henry Lane Wilson for his recent
attack the British foreign office Ambassador Page
sruced express Sir Edward Grey the regret of the Amer
lean that diplomatic official of the United Safes
"should have been guilty of such impropriety.'
The Birmingham age-herald., 1913-08-15
ALL HEAT RECORDS
in THE MIDDLE WEST
/. SMASHED TO ATOMS
Water Famine Causes In
tense Suffering in Three
States-CrOps Practi-
cally Destroyed

Kansas City, August 14.-Kansas,
Missouri and Oklahoma today sweltered
under the eleventh day of terrific heat
which has paralyzed late crops, caused
water famine ana been responsible for
extreme suffering among the people
and the live stock of the three states.
Local showers in Kansas today failed
to affect the general temperature,
which again reached an average max
imum above 100 degrees. In many
places the mercury climbed to 10s and
few stations reported temperatures
lower than 100. A half-inch of rain fell
in Topeka this afternoon. causing the
temperature to drop 23 degrees in II
minutes, but an hour later the mercury
had climbed up to the maximum of the
day The shower was confined to a
territory less than mile square. Peo-
pie shouted and cheered as the drops
began TO fall and many Of them stood in
the downpour. as it was the first rain
there since July 2S.
The Birmingham age-herald., 1913-08-15
HENRY LANE WILSON
is REPRIMANDED BY
PRESIDENT WILSON
Mexican Ambassador Publicly Rebued for Recent Attack
British Foreign Office-Express Regrets to Sir Edward
Grey for Such ''Impropriety''

Action Follows Confirmation of Press Dispatch Regarding
Ambassadors "Congratulatory Speech to Huerta.
Considered Accepting Resignation Immediately.
Bryan Gives Out Statement
The Birmingham age-herald., 1913-08-15
All Records Broken

For sustained heat the present hot
spell has broken all Kansas records
and this summer has been the dryest
in the history Of the state Since the
drouth began early in May, when the
thermometer rose to 100 degrees hot
waves have followed with such brief
cool periods Intervening that the ex-
ceptional heat has been almost con-
tinuous. Late crops practically have
been destroyed in parts of the state
Some farmers are cutting their corn in
the hope of utilizing 1t for fodder, but
in some instances the blades are so
dry that 1t viii not even make good
fodder. In certain sections hay is be-
Ing baled Immediately after it is cut.
as 1t is so dry the usual curing pro-
cess is unnecessary.
olathe, Lawrence, Medicine Lodge and
other Kansas towns have exhausted their
water supply. Olathe buys $1,000 gallons
day from this city and Lawrence had
turned the water of the Kansas river into
the mains as a protection against fire.
Cottonwood Falls Kan. has not had a
rain In 45 days and for more than 80 days
since then the maximum temperature has
been above 100 degrees.
Some Oklahoma towns suffering from
water shortage are depending on supplies
shipped in by the railroads.
Near Oak Hill. Kan. two wheat stacks
were burned when the suns rays DETECTED
from a piece of glass lying near them
started a fire. A car of slack coal took
fire from the heat of the sun at Abilene
ana was destroyed
The Birmingham age-herald., 1913-08-15

Albany. August 1.-The question of
who is chief executive of Che state of
New York--uiniam suIzer or Martin
II. Glypn--stiII was unsettled when the
lights went out In the capitol tonight.
Both the impeached governor and the
lieutenant governor claimed TO he di-
recting the machinery of government
and both spent busy day In their re-
spective Offices with counsel and
friends formulating plans TO maintain
tbier authority.
Meanwhile the governors wife, who
is expected to be the star witness at
his trial lies in a critical condition
in the executive mansion. Her nervous
collapse yesterday which was accom-
panied by hysteria. grew so serious
this morning that the governor sent
to New York for two more specialists.
Mrs Sulzer had a high temperature
and a rapid pulse during most of the
day, but her condition was reported
as somewhat improved tonight
The Birmingham age-herald., 1913-08-15
0 NEAL DECLARES He
DID NOT DISREGARD
ADVICE OF SENATORS
Received But One Telegram
From Washington Regard
ing Appointment to Sue
ceed Senator Johnston

Montgomery, August 14-Governor
ONeal of Alabama late today gave out
a statement in which he denied in detail
published assertions that he. had disre-
garded the unanimous advice of every
democratic member of the Senate when
he exercised the power of appointment
and appointed Congressman Henry d.
Clayton to the vacancy in the United
States Senate caused by the death of
Senator Joseph F. Johnston. In the state
ment Governor O'Neal said:
The only kilograms have received
from Washington since the death of
Senator Johnston was a telegram from
Senator John W. Kern OF date Saturday.
August g. in which he suggested the i'm
portance of my securing authority from
the legislature to Immediately fill the
vacancy caused by the death of Senator
Johnston. and Senator f. M. Simmons also
wired, concnrring in the advice expressed
by Senator Kern
Only Course Left
At the time these two kilograms were
received it was assumed by myself and
my legal advisors that the only course
could pursue was TO order a special elec-
tion or get authority from the legislature
to fill the vacancy temporarily. Since the
suggestion was made by attorneys sena-
tors and representatives who attended
Senator Johnstons funeral that | could
exercise the power of appointment with
out convening the legislature in extra ses-
sion, so far as 1 am advised. Washington
leaders have expressed no opinion.
THE two kilograms from Senators Kern
Continued ON Page Three)
The Birmingham age-herald., 1913-08-15
Government DemoraIized

The whole machinery of state gov
ernment was demoralized today as a
result of the unique contest between
the rival claimants for the executive
offices and already the double exer-
else of authority has precipitated com
plications with two other sta stes-New
Jersey and West Virginia.
The impeached governor signed re-
quisition papers today for the COVER
nors of each of these states for the
extradition of prisoners in the custody
of the state of New York. Whether the
authorities In charge of the prisoners
the police commissioners of New
York city in the West Virginia case
-wonld recognize, the requisition pa
pers when served upon them; whether
the governors of the two states would
also recognize them, whNher in the
event of such recognition counsel for
the prisoners would resort to the
courts with plea that the eXtradition
of their clients was illegal-these We're
Unprecedented questions which the sit
uation presented tonight.
Courts May Decide
The prospects tonight were that the
contest between the rival claimants to
the governors chair might be decided
in the courts by the presentation of
an agreed statement of facts arrived
at after consultation between their re-
spective counsel. Such a consultation
-~>--~-------~~--->>~
.cnntlnuad ou Pane Threpl
The Birmingham age-herald., 1913-08-15

CONTINUED on Page Three)
The Birmingham age-herald., 1913-08-15
O'Neal Mislead

Governor ONeal has simply been
nislead by his advisers in this and
(C0nfinucd ON Page Three)
The Birmingham age-herald., 1913-08-15

Continued on Page Three,
The Birmingham age-herald., 1913-08-15

CONTINUED ON page Eight
The Birmingham age-herald., 1913-08-15
Only Course Left

Continued on Page Three
The Birmingham age-herald., 1913-11-16
POINTED PARAGRAPHS

From the Chicago News
Any hosiery is pretty that is well filed.
A poor man makes a good philanthro-
pist-in his mind
Ii is better to have loved and lost than
to pay alimony.
If man has no end in view it is easy
to see his finish.
Most finincial disasters result from try
ing TO make money fast.
OF course, right thinking people are
those who think as you do
Speaking of men, there is a vast diff
ference between bigness and greatness.
1t isn't much trouble to become famous
il you have money and hustling press
agent
The office never seeks the man with half
the persistency of creditor on the same
mission.
It's hard to love your neighbor as your
self ii he keeps chickens while you
are trying to raise garden
Love at first sight sounds good, bur
the man who wins wife in 80 minutes
may live TO regret it for 50 years.
4 man Will give up dollar for So
cent article that he wants, and a woman
viii give up 20 cents for an article that
she doesn't want-and there YOU are.
The Birmingham age-herald., 1913-11-16
SOLD AGAIN.

From Pearson's Weekly.
Clyde Fitch. whose comedy, Girls, is
now running at the Prince of Wales
theatre, was once sitting in the smoke
room of club when he noticed rather
eccentric-loolSing old man whose trousers
were we'll pulled up on one leg, which
was crossed over the other, exposing to
everybody's gaze a brilliant red. white,
and blue striped stocking. Noticing O.
certain youthful member looking at the
gaudy stocking with SMILE the old man
said. Mice pattern that, isn't it? I'll bet
you there's not another like it in the
room.''
I'm bet cigars and drinks round that
there Is" replied the young man
promptly.
''Done!" exclaimed the old man. where
Is it?"
''On your other leg" replied the young
man with an air of triumph. There was
a general round of laughter in the room,
but the old man still smiled happily.
That's just where you've made mis-
take" said the old man. II always
reckon on finding at least one flat In II
company, so I came prepared" He then
pulled up the other leg of his trousers,
and to the amusement of ali but the
young man, he exposed black stocking.
The Birmingham age-herald., 1913-11-16
Carranza's Attitude

General Carranza, head of the Mex
ican constitutionalists in revolt
against Provisional President Huerta,
says he will not consent to any SIN
reference" upon the part of the
United States or any other foreign
power in the internal affairs of Mex
leo. Carranza asks that the embargo
upon the expectation of arms be re-
moved. If this is done, he claims, the
constitutionalists will soon be COM
pletely victorious, and calm will sue
ceed the turmoil which has long >ex-
listed.
This attitude on the part of Car
rama is hardly unexpected. He
knows that Huerta will not continue
in office much longer. Carranza there
fore feels that his position is grow
ing stronger each day, and that he
will soon be supreme. 1t is natural
LftdI ile SHOulu Scth W dNOlu ODllSd-
tions to the United States so far as
possible.
But the programme of the United
States does not stop with the elimina-
ton of the Huerta regime. All along
President Wilson has insisted that the
people of Mexico be given an oppor-
tunity to go to the polls uncoerced by
bayonets and decide by ballot whom
they want as their president. With
Washington administration the issue
is moral rather than political. Car
rama in power as the result Of op-
pressive measures would be no more
acceptable than Huertaism.
The situation from the American
viewpoint could hardly be more deli
cate. In the first place, this country
has no intention of allowing any of its
soldiers to be shot to death in behalf of
some faction of the Mexican nation.
War is to be avoided at almost any
cost. 1t is realized that permanent
peace in Mexico can come only by
the will Of the Mexicans themselves.
The Birmingham age-herald., 1913-11-16

have been fleeced out of 100000 dur
ing the course of several months.
Upstate, evidence is being found to
support the charges of corruption in
the highway department made by John
A. Hennessy during the recent NUM-
cipal campaign. Contractors are re-
ported to have been assessed certain
sums by politicians, and if they failed
to pay their work was held up. One
Indictment has been found, and others
are expected to follow quickly.
The country has grown used to the
repeated charges of graft in New
York. That much corruption existed
has been generally suspected, but the
latest developments come as a shock
to those who prefer to believe that
the world is growing better. 1t is to
be hoped that Whitman's probe will
be sent to the bottom and that such
a condition of affairs will never be
known again.
The Birmingham age-herald., 1913-11-16
The CLAYTON Wreck

Enough has been developed to show
that the disastrous wreck on the
Central of Georgia near Clayton was
the result of broken rail, but it is
not yet known why the rail was
broken. Citizens of the vicinity con-
tend that the crossties of that section
of the railroad were rotten, and when
the heavy excursion train came along
the rail gave way because it was not
properly supported
1t has been suggested that the Bar
bour county grand jury will be~called
upon to investigate the disaster, with
a view of bringing indictments should
criminal negligence be shown. The
wreck was one of the most destructive
in the history of the south, and a
rigorous inquiry as to it's causes should
be instituted. This inquiry should be
dispassionate, however. At the present
time, all Barbour county is much
stirred, as nearly everybody there
had some friend or relative killed or
injured in the catastrophe. 1t is not
impossible that the resentment now
felt against the railroad is not wholly
deserved.
A citizens committee named to in
vestigate the cause of the wreck de-
clined to sign statement that a
broken rail was responsible. The men,
bers held to the opinion that the chief
fault was in the roadbed, and Section
Foreman Beasley is reported in the
press dispatches to have declared that
the roadbed there was the rottenest
he had ever worked on. But probably
all the facts have not been developed.
The Birmingham age-herald., 1913-11-16
LUKE M'LUKE SAYS

From the Cincinnati Enquirer.
A man doesn't have to study the
amusement ads long to find somewhere to
go at night when he is married to the
wrong woman.
A man will cheerfuly walk a half-mile
to get so worth of small change to
oblige bartender. But if his wife asked
him to get something out of the cellar
for her he would swell up and bust.
The Misunderstanding handshaker may
be nuisance, but when you shake
hands with some other men you imagine
you have picked up a dead eel.
There is a little rabbit blood in every
man. And this goes double for a bully.
Every woman has her ideal of a man.
But the description seldom fits her hus-
band.
When father gets on a street car and
meets a man he knows who is accom-
panied by seven strangers. father insists
upon paying the whole nine fares. But
when mother gets on a car she lies about
the ages OF the children and tries to save
a nickel
Sometimes a woman gets so tired of
sticking around the house that she ao-
tually enjoys going to a funeral.
A woman will give another woman
credit for wearing costly gown. But
the more a mans clothes cost the more
other men will refer to the garments as
"hand- downs"
Sister doesn't care how little she is
wearing when her brother is around.
But it makes an awful difference when
some other girls brother shows up.
A man who wants the front row on the
aisle when he goes to the theater Will
sit any old place when he goes to church
An eastern man has invented new
calendar that gives a six-day week and
does away with Saturday But if we
adopt this, what are we going to do for
weekly bath?
Half the world tells you what you must
do, and the other half tells you what
you must not do.
A man who Is good judge of other
things is always away off when it comes
to the matter of his own Importance
There are a lot of queer fish In the
world. An anti-liquor league is in ses-
sion in Columbus, and when speaker
announced that he intended to force con-
gress to adopt nationwide prohibition
there were joyous cheers and shouts OF
glad acclaim. Why? Because a few
men who are fond of water hope to soon
be able to make everybody drink nothing
but water. Why can't about 6o,00o,000 of
us rough necks get together In con-
vention and petition congress to compel
all prohibitionists to drink beer and make
water-guzzling a felony? Wouldn't this
be as fair as the Columbus scheme? If
not, why not?