davidaulloa/AmericanStories huggingface dataset:
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

of any particular act of wrong doing.
You should not, therefore, consider
this defendant because of such fall
ure to CROSS examine any State wit
ness has been guilty Of any particu-
1ar acts of wrong doing.
The request was properly declined.
The defendant offered in evidence
general good character as a substan-
tial fact in his defense. The State
was allowed in reply to show that
his character for lasciviousness was
bad. Counsel for the defendant elect
ed to omit any cross examination of
the witnesses of the State on the sub
ject.
One of the issues. brought into the
case by the defendant, was that his
general character was good. The
State joined issue with the defendant
as to his having a good character in
respect to that element which was
alleged to have prompted the act on
the part of the defendant which re-
suited in the murder.
Whatever transpires in criminal
case appertaining to the submission
of testimony, the manner of eXami-
nation or the failure of counsel to
cross examine may be legitimately
discussed, and it for the jury and not
the court to pass upon the force and
effect to be given to the argument 1t
would therefore be an invasion of this
province of the jury that no infer
ence could be drawn from the de-
fendant's failure to cross examine this
witnesses.
Reference to Dursnt Upheld.
The court in discussing the Solicit
tor Generals reference to the famous
Durant case in California, to whie h
the defense strenuously objected. held
that the Solicitor was entirely within
his rights, and it was not grounds for
new trial, The Solicitor General, in
his concluding argument. also re-
ferred to the Oscar Wilde and other
criminal cases. Error was assigned
because the court did not instruct the
jury to the effect that facts in other
cases should have no influence upon
them in making up their verdict. but
they should try the case before them
upon its own facts under the evil
dence. The court holds this ground
to be without merit.
Several other grounds OF the motion
for new trial complain of arguments
made by the Solicitor General and
failure of the court TO check or rebuke
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

The two main points stressed in
the ruling opinion OF the high court
are the question OF perversion and
Judge Roan's expression of doubt in
affirming the death sentence. On
both points the court rules that the
defense was not done an injustice,
Here is the text of the opinion con-
corning these all-important conten-
tions in Franks case:
We think this evidence was rele-
want for several reasons. In the first
place, the witness had testified that
on the day of the homicide the ac-
cused said TO him, Il want you to
watch for me like you have been
doing the rest of the Saturdays" or
las you did other Saturdays"
He then asked, Now. tell what
kind of work you had done for him
the other Saturdays" and In answer
to this and other questions the tes-
tinony was brought out In reference
to the practice Of the accused to in
dulge in lascivious conduct in his Of
fee and in the building on Saturday
afternoons and to have the witness
watch for him to prevent detection.
Competent to Show He Watched.
As showing the occasion for his
presence at the factory at the time
when the crime was committed and
as explaining his peculiar opportu-
, nifty for knowledge in regard TO 1t,
and why the accused should call on
him to assist in watching, and sub
sequently in removing the body. and
especially in order to explain the
statement that he was employed on
that Saturday as he had been on
other Saturdays, II was competent TO
show how he had watched and for
what purpose on other Saturdays.
Having testified that the accused
had made reference to what the wit
ness had done formerly in directing
him what he was then to do. no rea-
son occurs to US why he should not
explain the reference.
Again. the witness had testified
that after the homicide the accused
called on him to assist in removing
the body of the girl from the place
where she was slain, not far from the
office Of the accused, and that in ex-
planning to him the situation. the ac-
cused stated that II wanted TO be
with the little girl. and she refused
me. and I struck her. and l guess
struck her too hard, and she fell and
hit her head against something, and
don't know how bad she got hurt. o:
course. you know that / am not built
like other men
Showed Aceused's Desire.
According to the witness, here was
statement by the accused IN con-
nection with the homicide and its
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17
.ROSSER AND ARNOLD
BEGIN AN EXHAUSTIVE
STUDY Of DECISION
Continued From Page I.

their move understood that immediate will be
taken stay Franks execution regarded likely
that the will be appealed again before Judge Hill has the
opportunity of passing the of death against the convicted
man for the second time.
81 haven t anything the subject, Luther Ros
sers reply to a request for statement.
Reuben Arnold said that the defense would be prepared
make its plans until the lawyers had thor
oughy reviewed the decision Of the Supreme Court.
Attorneys Rosser and Arnold at the Capitol Tuesday
forenoon going the lengthy opinion and planned return
o'clock to finish When they have carefully they
will their next
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

the Supreme Courts attitude:
We have attempted TO go through
various assignments of error so as TO
bring the opinion within reasonable
bounds. Some of the points are
deemed of minor Importance, not
amounting to error and some of them
were not referred to in the briefs,
and therefore no specific reference is
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17
ISL AND BECK TELL WHY THEY FAVORED NEW FRANK TRIAL

few exceptions to this rule and
The dissenting opinion further states
at Justices the prevailing opinion that
the defend
admitted evidence because they tended
related ofenses We take issue with them
this proposition
and complications support OF the contention
Frank permitting Coney testify to his
Pagan offered the dissenting
opinion of 50
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

for the the those COny evidence
strike EN- that the motion overrued
The testimony Cony question declared
nng opinion pudica pertaining
70 the issue"
Evidence of another the of this other defendant
S says he
him the Indictment
branded should be
their of technical training,
prone to atac undu
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

made to them.
We have given careful considera-
ton to the evidence, and we believe
that the same is sufficient to uphold
the verdict; and, a. no substantial
error was committed in the trial of
the case, the discretion of the court
m refusing d new trial will not be
disturbed.
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

opinion
dealing with Frank with
Phagan,
The
N
tenth wherein the
Conly dealing
then a
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17
Request to Charge.

The lower court declined to give the
following request to charge. No
presumption can arise against the de-
PENDANT because of failure to cross
examine any witness put up by the
State. that the defendant was guilty
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

lnOunce their next move.
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

Continued on Page 4, Column I.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-09-12
FRUIT IN SHAWNEE
Possibilities in Industry Have
Not Been Realized.
Modern Methods Are Now Re.
placing Anticipated Style.
NEED OF A MARKET EXPERT
O. F. Whitney Says County
Should Have Market Man.
HI. w. Doyle Tells of Climate of
Shawnee County.
NEED OF 4 MARKET EXPERT

There are great possibilities in fruit
growing IN Shawnee county. The soil
meets the requirements, and the eli
matte conditions are favorable.
Anticipated methods of caring for
orcEards-in many instances a lack OF
any care at all-and uncertain mar
keting facilities, have retarded an in
dustry that could bring great wealth
to the growers in the county.
There are many old orchards In
Shawnee county that are now breed
ing places for pests, and produce little
or no fruit. 1t is the man who has
adopted scientific methods of spray
ing and cultivation who can boast Of a
good crop of luscious fruit this year
and there is nothing like the Kansas
apple for flavor.
Strictly commercial orchards are
now becoming more numerous in Kan
sas, and the spirit of progressiveness
that is spreading rapidly, is being felt
In Shawnee county. A number of
gasoline sprays are, owned by apple
growers in the vicinity of Topeka who
have adopted up-to-date methods.
Waste of Fruit.
The ordinary fruit grower and farm
ser does not have time to watch the
market in order that he may sell to the
best advantage, and just because of a
lack of knowledge OF market condi-
tions thousands Of bushels of apples
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-09-12

and peaches are allowed to rot in
orchards.
o. F. Whitney. an expert gardener
grange man, said: The greatest need
Of the farmers Of Shawnee county is
not a farm adviser, but a market ex-
pert, whose business it would be to
study the market and advise the farm
have the soil and climate here to grow
the crops. but the greatest problem is
the marketing of the produce"
Topeka is a great distributing CEN
ter for fruit but many growers do not
know how to dispose of their produce
to advantage. One of the leading
commission men of the city estimated
that ten thousand barrels of apples
are handled here annually. Thousands
of barrels of apples are shipped into
other apple producing sections of the
country each year.
Topeka is one of the important ap-
pie storage centerS OF the country,
having an annual capacity for 100, 900
bushels. Within a radius of rs miles
of Topeka there are a million fruit
eating souls. The market Is at our
door.
Climate Of County.
In speaking of Shawnee county from
of the state board Of agriculture and
correspondent for the Country Gentle
man, said:
Shawnee county is admirably
adapted to the growing of horticultural
products We have both the soil and
the climate. Thirty-four inches of
water falls here annually. During the
long growing season, from April to
September, inclusive, the records of
the local weather bureau show an
average mean precipitation of more
than Is inches. In other words, under
normal condition nearly three-fourths
of our annual rainfall comes during
the period when fruits and vegetables
are developing.
Imagine a sheet of water more
than two feet in depth covering the
entire area Of this county. Usually the
rainfall is distributed in proper
amounts throughout the season, but
we know well of years in which the
alternating periods of humidity and
drouth have been uncomfortably pro-
tracted, as for instance 1903 and 1913.
Still the total annual rainfall varies
little from year to year." F. L. s.
editors note: This is the six
teenth of a series of articles on agri-
culture in Shawnee county published
in the State Journal)
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-09-12

Opening day, Children's day, G.. A.
r. day.
ALI school children under IA years
OF age free this day.
All old soldiers. their wives and
widows admitted free at outside gates
this day only, on their G. A. r. and
Relief Corps badges.
ALI others on this day only admis-
sion rs cents.
Everything In place on Monday and
the fair just as complete as other days
of the week.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-09-12
p r OGR A NJ
Monday, September 18th

500 a. m.-Gates open to the
public.
900 a. m.-An buildings. exhibits
and barns open to the public.
1000 a. m.-Lukens trained wild
animals, Parker's mechanical amuse-
ments and Johnson's Alaskan menag-
cries.
1900 a. m.-Conway's New York
Concert band and Lois Gooch opera
quartet in grand free open air con-
cert on the plaza.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-09-12
The Beatrice Creamery Co.
A State Fair Surprise

herd o J. the head which
the
Ds and Lincoln. It show too
live stock land Is his SOUTH.
all needed and
ne in belt
the drained
rmers You a hOme
the in ~ 49, ppe' ~"'
Ask artcul
L. c. IRVINE, Agent
M O r. I've stockB eedin Bureau
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-09-12
While in the city
get acquainted with

You are cordially invited to
visit our booth at the Fair
Grounds, or to come to our
plant at the corner of Sec
Ond and Polk streets and
see just how
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22
SAGE TEA TURNS
CRAY HAIR DARK
re orandmothsrs recipe 10 bring
color. tuster and thickness TO hair
when faded, strsaksd or cray

That beautiful. oven shade OF
dark. glossy hair can only be had
by brewing mixture OF Sage Tea
and Sulphur. Your hair In your
charm. II makes or mars tho face.
When II fades. turns gray. streaked
and looks dry. wispy and scraggy.
just an application or two Of Sage
and Sulphur enhances its appear.
ancc a hundredfold.
Don't bother 10 prepare the
tonic: you can get from any drug
store a 50-cent bottle OF 'wyeth's
Sage and Sulphur Compound"
ready 10 use. This can always be
depended upon 10 bring back the
natural color. thickness and iuster
OF your hair and remove dandruff.
stop scalp itching and falling hair.
Everybody uses ~Wyeth's" Sage
and Sulphur because II darkens so
naturally and evenly that nobody
can tell II has been applied. You
simply dampen sponge or soft
brush with II and draw this
through the hair. taking one small
strand at n time: by morning the
gray hair has disappeared. and aft.
er another application II becomes
beautifully dark and appears
glossy. lustrous and abundant.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22
ALLIES DRIVE
GERMANS BACK

PARIS. Oct. 22.--The allies were
driving the Germans back In North.
orn France today. They had pound.
cd n wedge through tho Toutonic
front. rs miles north OF Lille.
II was the first time since fight
Ing In the extreme north began
that the Franco. British forces have
succeeded In getting east 81 Lille
Tho gain amounted 10 only two
miles. but II was of great i'm
portancc. as Il placed tho allies In
position TO envelop the German
right.
~ headquarters II was predicted
that IN. development would be ac-
complished In n week or ten days
Experts declared the Germans
lost the most important point In
the past few hours strategic ma
neuvcring through their failure TO
maintain their north and south
formation along the line from Lille
TO tho coast near ost~nd.
The assertion was made that II
was only n question OF a short time
before the Teutonie headquarters
at Lille would have 10 be moved TO
the eastward.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22
sEWHERE

With official approval Of the
Aguascalientes peace plan with.
drawal OF American troops from
Vera Cruz is expected.
Three companies Of U. 8. ma
rines are sent to help put down re
volt In Nicaragua.
Steam schooner Rochelle runs
ashore near Astoria.
Federal banking board rejects
plan 10 begin work Nov. IS and
suggests Nov. 30.
Assistant Secretary OF Navy
Roosevelt says American navy
needs men and that ~ battleships
are out OF commission for lack OF
them.
Washington society 10 Inactive,
owing to recent death OF presi.
dents wife.
Nomination OF Eduardo saurex,
Ambassador to U. g., confirmed by
Chilean senate.
BIuestem wheat mounts 10 SLIP
in Portland for second time this
season
NeIs Nelson. escaped from Gen.
tralia Jail. discovered hiding in pile
OF coal
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22
BRITISH WAR
SHIPS SHELL
COAST LINE

LONDON. Oct ga Brltish
fleets guns were shellnp the
Belgian coast today wherever
there were Germans. Aviators
were giving them positions and
the range.
unoffleially II was said thls
hombardment was forcing tho
kalser's troops to retire Into
the Interior. but there was stlll
no confirmation Of rumors that
they had evacuated ostend.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22
LOSE CHANCE TO
INVADE BRITAIN
By Ed l. Keen

LONDON. Oct. 20 by their fall.
ure 10 capture Dankirk. tho Ger.
mans lost their opportunity 10 In.
wade England. military experts here
said today.
Had they taken the French port.
the authorities asserted. Il vas an.
questionably their plan 10 send a
Zeppelin fleet across 10 lombard
London AZ III. same time that the
kAiser's fighting squadron gave bat.
tie 10 the British warships In the
channel and transports rushed an
army OF invasion over tho North
sea.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22
SHORT NEWS
Thirteen die.
na-aa

Thirteen die.
Socialists seek debate between
Coroner Mason and Dr. John Dun
lap.
Man asks to see gun ss A. AronIn
secondhand store. loads weapon
and fees.
Burglars get valuable Jewels In
1T. Guy s. Pe,crkin's home. iios
10th av. N.
Seattle banks can lend orsst
help TO Cashmere growers by loan.
Ing them money for harvesting
crops. says J. p. suRrue.
}. 7. Jennings. librarian. elected
College club head.
isaac Cooper succeeds late Jacob
Firth as director OF Seattle Trust
Co.
State thinks Seattle 10 spending
too much for harbor improvements
Is word Bob Bridges brings from
Olympia.
Mayor Gill comments on war In
current issue Of The American
City"
FoiIIes danee u Broadway hail
next Friday nisht.
Nelson oIithero. Riverton, struck
down by auto.
U. Of w. professors plan course
for statesmen In Seattle stores.
Court awards Edward Roe, fire.
man. $500 back pay.
Franklin team picked for debate
with Burton high Nov. 10.
Alaska banquet will be given by
Chamber OF Commerce Alaska bu.
reau Nov. IL at Arctic club.
O. L. Smith slashes throat In
suicide attempt.
Or. J. T. Slaughter elected prssl
dent King County osteopathio So
ciety.
Malcolm Hughes. manager seat-
tie branch Travellers Life Insur.
ance Co, resigns.
Evergreen Lodge. No. go. 4. o.
y. w. holds apple celebration.
o. n. Randall Identifies Iewelry
found on Thomas Mentos. bandit
taken after two-day hunt, as that
stolen from him by two highway
men.
II. o. Thomas, president Howard
d. Thomas Co. dealers In carpets
and rugs, leaves for East. q.
TlIIkums open dancing season at
Readings Tuesday night
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22
WAR TAX BILL
DUE TODAY AT
WHITE HOUSE

WASHINGTON, Oct 22.--By
. vote OF t26 10 %. the house
this afternoon adopted the con-
ference report on the war tas
bill. No roll call was demand
cd by the republicans who
voted against the report.
Representatives Thompson OF
Oklahoma and Wltherspoon Of
Mississippi were the only dem.
oorats opposing the report. The
bill as adopted wac lmmedlats-
~ sent 10 the senate for action.
u probably will 90 70 the
president today. Congress
then 10 expected TO adjourn.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22

"lr stuars's Calcium Wasers
Give you . fine. clear. transparent
complexion, like this young lsdy's"
They contain an their main In.
grcdient tho most thorough. quick
and effective blood cleanser known
calcium sulphlde.
stuart's Calcium Waters have
not q partici. OF poison In them.
They arc free from mercury. biting
drugs or venomous opiatss. This
10 absolutely guaranteed. They
cannot DO any harm. but they al
ways DO sood--Good that you can
see In the mirror before your own
eyes In . scv days after.
stusrts Calcium Waters will
mako you happy because your face
will be a welcome sight. not only TO
yourself when you look into the
glass, but TO everybody else who
knows you and tAiks with you.
You don't want 10 wait forever
and day 10 get rid Of your PIN.
plcs or other slain eruptlons. You
wan, to get rid OF them right now.
NEXT week you may want TO 70
somewhere where YOU wouldn't
like 10 have TO take the pimpics
along.
Go to your druggist today and
obtain a Dor OF Stuart's Calcium
Waters and then watch all your
face horrors simply fade away.
They are sold wherever drugs are
sold. Price 90 cents. A small
sample package will be mailed FREQ
by addressing r. A. Stuart Co. lis
Stuart Bldg. Marshall. Mich.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22
HELP COMES QUICKLY
When Hyomei Is Used for
Head Colds, Catarrh or Group.

When your head lie all stuffed up
causing you dull headaches. difficult
breathing. incessant shifting. and
you feel generally miserable. there
Is nothing quite equal to Hyomei TO
give you quick. effective and lasting
benefit--yet perfectly harmless. Sim
pie to use and inexpensive.
To get quick and certain RELIEF
from catarrh or n cold n IL most
important that the medication goes
directly 20 the infismed tissue lining
the air paseages. That's the 4fyomei
method. Just put a few drops OF
antiseptic Hyomei In the inhaler that
comes with every complete outfit
and breathe it--you will feel better
at once. ~ clears the head, quickly
relieves the tightness in the chest
and that choked-up feeling. all dis
agreeable nasal discharges, wntery
eyes and dun headaches surely cease
SO certain II Bartefl Drug stores
OF the curative powers OF Hyomei
for catarrh, Group, asthma and sim
liar diseases, that they sell II on
the Mcclure plan.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22
Don't Try to
Paint Pinples
But Use stuart's Calcium Waters
and Completely Remove Them
In a Few Days

You positively gct rid OF your
pimples aud skin cruptions by tax.
Ing Stuart's Calcium Waters.
These wonderful little workers
have cured bad bolis In three days.
and some cases OF skin disease In n
week
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22

LONDON. Oct alderman news.
papers explain stories OF German
atrocities in the field by saying
English newspapers are paying
friends and relatives OF British sol.
diers space rates for letters from
the front describing deeds OF
cruelty.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22
easy WAY TO keep
BABY'SSkIN HEALTHY
How 20 Heal skin Eruptiops nm,
Prevent Their Return

HOW 10 urai >htn ErUpttous ma
Prevent Their Return
Very few babies grow to childhood
without having some sort Of skin
trouble. II may be only chatting.
scaiding or tooth rash. On tho other
hand. It may be tho worst kind OF
itching eczema or ringworm.
when I find n littls ono sufforinR
like that always advise the mother
TO do this: Bathe the sick skin with
warm water and Resinoi soap, pat
dry with a soft towel. and put on
very gently n thin coating Of Resinoi
ointment. She can dust a little good
talcum powder over the ointment II
she likes. This almost never fails TO
give INSTANT relief. and a few such
treatments generally heal the trou-
BILE.
Bathing daily with Hesinol soap In
the best way I know to keep baby's
skin free from such irritations and
eruptions. IL In very pure, soothing
and healing. All druggists sail
Resinol ointment and Reslnoi soap
For free samples write TO Dept. 3s-R
Resinol. Baltimore. Nd.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22
LOUIS FASTIDl0US

PARIS, Oct. 2z.--Louis Dutherin.
a French soldier, has been sentenced
to five years labor on public works
for refusing TO obey command TO
wash HIS feet In a stream when all
tho others In hts command did
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22

Notification has been received
BY the Great Northern Steamship
offices In this city 20 tho effect
that tho new steamships Grcs,
Northern and Northern Pacific
win inauguratc the new service be-
tween F1avei. Ore. moro familiar
~ known as Astoria. and San Fran
cisco. March Is. The through time
from Seattle 10 San Francisco By
using rail TO F1avel. Will be 3sis
hours.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22
have FINE CHOICE

LONDON. Oct. 22.--The Belgian
government has ordered all male
subjects between Is and IS years
to enter the army or be shot as
traitors.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1914-10-22

PARIS, Oct 31-HaAs 6ssfSsa.
German aviator. who dropped Two
bombs on Paris. also dropped .
message saying four rrUnoA Of
fscers. prisoners Of the Germans.
were wen. and ending: They ask
cd me to leave word In Paris that
they are all right. A for he bombs.
regret infinitely to have 70 drop
them. but that 10 war. An rsvoar.