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The Atlanta Constitution,

Sunday, 14th December 1913,

PAGE 38, COLUMN 2.

Sales Involving Over $160, 000 in Sight Christmas Spirit Relaxes Trade Now.

While the last week was more or less quiet in the real estate market, with the exception of the auction sale of the F. M. Stocks property, at Nelson and Mangum streets, which brought good prices, the realty men are not at all discouraged with the outlook.

They predict a rejuvenation of trading and building after the first of the year, and all indications point in that direction.

Several large sales are said to be in the contract stage and will probably be ready for announcement before Christmas.

One of these deals is the sale of an apartment house and another involves more than $100, 000 worth of property, while a third involves over $60, 000.

Owing to the nearness of the Christmas season, the realty agents do not anticipate any great amount of business during the remainder of this month.

Better Business.

By the first of the year, however, traders will be once more ready to talk business, and the currency bill, it is expected, will be disposed of, which will give the realty market the right-of-way.

While the currency bill has affected to some extent perhaps the speculative realty market, it has in another way helped the general condition of the market.

A large number of realty men who would otherwise have made speculations in real estate have held their money and with that money have paid up in advance notes which would later come due to their holdings, thus providing for themselves a greater latitude for activity when the market opens up in the spring.

One well known real estate dealer has paid up notes which would not have matured for ten months on a semi-central Peachtree corner.

Others are frequently paying up notes in the same manner.

Building Conditions Good.

Much of the building which realty men are doing now is without incurring loans.

And the amount of building in progress is noteworthy.

One can scarcely walk a block on any semi-central street without encountering new business buildings, and in the newer residence sections hundreds of homes and many apartment houses are being built.

New People Coming.

The rent men say that never has there been a better demand for houses.

Very few good houses or apartments are vacant.

Nearly all the agencies are utilizing the entire back pages of their rent bulletins in display advertising, for the reason that so well occupied are the rentable houses that their lists are running short.

One of the largest renting agents in the city said on Friday that hardly a day passes that he does not move trains to new homes.

This class of business, he said, is on the increase.

Big Increase in Values.

The first official figures made public by Chief Clerk Beauchamp in the tax office shops a gain of $17, 456, 490 this year over 1912.

The statement shows real estate for 1913 to be $121, 073, 369; personal property, $51,165,608; whole taxable property, $172, 239, 477.

In addition to the above figures, which are set out in more detail in another part of the paper, the city has made greater progress in the matter of street paving this year than at any other time in its history.

Real Estate Sales.

Saturday's sales announcements were somewhat meager, but the report on inquiries and deals pending was good for this season of the year.

M. C. Kiser has sold for L. Liebeon to George Logan

No. 122 Sinclair Avenue, 50 X 150, for a consideration of $4,100.

The Holmes & Luckie Realty company reported Saturday the following sales totaling $8,475.

To Professor A. S. Gaffney and P. A. Eggli, lots in Hedgerose Heights subdivision, $1,500 each.

To Mrs. May Belle Terry, lot in Howell Mill Road Subdivision, $1,000, to F. B. Baldwin and P. H. Kirk, lots for $600 each.

To J. H. Smiht, No. 11 Holderness Street, West End, $3,275.

New Bridge.

The county commissioners have issued an order requiring the Seaboard Air Line railroad to construct a new steel bridge over its tracks at Howell Mill Road crossing, near the Evan P. Howell school.

This is for the purpose of giving the new Howell Mill car line a roadway.

The construction of this car line, it has been announced, will proceed at once.

PROPERTY TRANSFERS.

Warranty Deeds.

$1, 750

Mrs. D. C. Wall to L. Z. Rosser et al.

Lot northwest corner

Elliott and Mayes streets, 94 X 150.

October 17, 1912.

$600

Mrs. Minnie Pfeffer to W. T. Ashford.

Lot southeast corner Rockwell and Cunningham streets, 30X100.

November 26.

$380

Mrs. Cormella

Kicklighter to J. L. Trimble.

Lot 252 feet west of east line and 1,052 feet south of north line of land lot 164.

50 X 190.

December 2.

380 Same to same,

Lot 202 feet west of east line and 1,052 feet south of north line of land lot 164,

50 X 190,

April 5.

$3,000

Morris Cohen to M. D. Blum.

No,

16 Kelly Street,

41X 147.

December 12.

$700

Continental Land company to S. R. Carson.

Lot south side Atlanta Avenue,

212 feet east of Capitol Avenue,

50 X 147.

December 12.

$1,800

Arthur C. and Robert W. Keely to Charles W. Ford.

Lot east side Grady Avenue,

128 feet north of Georgia avenue,

96 X 147.

December 12.

$1,500 Mrs. Offie Baldwin et al. to J. W. Goldsmith.

Lot east side Crescent Avenue, at B. F. Walker's line, land lot 106,

Seventeenth district between Tenth and Eleventh streets, 53X32.

December 11.

$1000 W. C. Richards and Lee A. Smith to same.

Lot south side Albritton's alley between Tenth and Eleventh streets, 36X50.

May 31, 1911.

$400

George Mae et al. to George E. Matthews.

Lot north side Palmetto Avenue,

50 feet west of Peeples street.

50X100.

September 15.

$1,000 A. B. Jones to E. L. Harling, lot 200 feet north of Euclid Avenue and 125 feet west of Colquitt Avenue,

100X221.

December 9.

$350 H. S. Wilheit to Wilheit-Smith company, lot south side Sells Avenue,

108 feet east of Holderness Street,

55X140.

December 5.

$375 J. T. Mallard to T. W. Bradley,

lot corner Spring and Ford streets,

80 X 140, land lot 229, seventeenth district,

November, 1913.

Bonds for Title.

$1,550 J. T. Harris to M. Gordon, lot on Bayard Street at southeast corner T. M. Tates, lot 55 X 230.

Also, lot northwest corner Francis and Bayard streets,

154 X 214, half interest.

December 10.

$1,524 W. S. Cannon to Ed Jackson, lot southwest corner Thayer Avenue and Murray Street,

50 X 150.

November 25.

$3,400

Miss A. K. Kelso to A. F.

Eubanks, lot east side Newnan Avenue, 200 feet, square street,

Michael Street,

50 X 150.

December 11.

Loan Deeds.

$500

J. E. Wardlaw to Mrs. Georgia G. Lee, lot at corner formed by southwest side Chattahoochee Avenue and west side Sims Street, 59X209.

December 11.

$350 Paul S. Etheridge to Mrs. Anna Hale Bucher, lots west side Martin Street.

250 feet north of Haywood Street.

50X120.

October 29.

$3,250 William K. Jenkins to Penn Mutual Life Insurance company, lot west side Dunn Street.

100 feet south of Oak Street,

46X75.

December 9.

$3000 Mrs. Mabel Jones Marshall to same, lot east side Washington street,

110 feet south of Georgia avenue,

50X150.

December 9.

$1,800 S. R. Carson to Mrs. Elizabeth M. Cunningham, lot south side Atlanta Avenue,

212 feet east of Capitol Avenue.

50X147.

December 12.

Mortgages.

$1,000

Maggie B. and S. J.

Ward to Georgia Investments, Inc., lot north side Sells Avenue,

85 feet west of Atwood Street,

85X264,

also lot north side Sells Avenue,

170 feet west of Atwood Street,

85X264.

December 12.

$372 J. T. Mc Kinney to Mutual Loan and Banking company, lot west side Martin Street,

133 feet north of Clark Street.

33X190.

December 12.

Quitclaim Deeds.

$1 C. C. Cary to J. E. Wardlaw, lot at corner formed by southwest side Chattahoochee Avenue and west side Sims Street,

50X209.

December 11.

$1 Chambers and Edwards to L. W. Bradley, lot north side Spring Street,

40 feet north of Ford Street, land lot 229,

40X140.

December 12 $1 Mrs. Lena Elkan to W. D. Blum, lot west side Washington street,

157 feet south of Glenn Street,

42X195.

December 10.

Administrator's Deed.

$35 L. F. Burdette estate (by administrator), to Newton Wheeler, lot north side Roy Street,

40 feet east of Wilson street.

40X98.

December 11.

Sheriff's Deed.

$500

James T. Stone (by sheriff) to L. H. Zurline, No. 239 Highland Avenue.

50X135.

December 12.

"PAGE 67,

COLUMN 1"

FRANK'S APPEAL HEARD MONDAY

Solicitor Hugh Dorsey Ridicules the Plea That Condemned Murderer Was Convicted Unfairly

With briefs on both sides filed by attorneys in the Frank case, all is in readiness for the opening of the argument when the case is called up in the supreme court tomorrow morning.

Solicitor Hugh Dorsey said yesterday that unless the defense asked for more time than the two hours to the side allowed by the rules of the court, he would not.

It is expected, however, that the attorneys for the defense will ask for extra time in which to present their case, in spite of the fact that the printed brief filed by them is one of the longest which the court has ever been called upon to consider.

A single division of the court, consisting of three justices, will probably hear the argument, but the briefs will be considered and passed upon by the whole court.

It is not unlikely that two days will be consumed in the argument of the case.

State's Brief Filed.

Solicitor Hugh Dorsey's brief was filed with the clerk of the court yesterday morning.

It consists of 181 pages of closely typewritten matter and is about as exhaustive as the brief of the defense, both in, the review of the evidence in the case and in the number of authorities citied.

The solicitor insists that the killing of little Mary Phagan was done by a man of education and intelligence and was not the crime of an ignorant negro.

He cites a number of authorities on moral degeneracy to prove that crimes of the character of this murder have generally been committed by men of the upper walks of life.

Moral perversion is a disease of civilization, and is utterly unknown among savage or semi-civilized peoples, declared Kraft-Ebing, a celebrated German authority cited in the solicitor's brief.

Say Educated Man Did Killing.

The solicitor quotes Herbert Schiff, one of the defense's witnesses, to show that Frank was "a man of extreme temperament; that, if anything went wrong about the factory, Mr. Frank would go all to pieces."

He declares that it is by men of such highly sensitive, nervous temperaments as Frank was shown to be that crimes against women are generally committed, citing the celebrated case of the London Jack the Ripper, who was discovered to be a physician of good family and education and of unusual intellectual characteristics.

The brief ridicules the assertion made by Frank in his statement that he did not know Mary Phagan, quoting the testimony of witnesses to the effect that he was seen standing near her machine; that he had called her by name, and that he had patted her on the shoulder.

It is the theory of the solicitor that Frank deliberately intended to wrong the child, but he never dreamed that she would offer the resistance to him which she did.

"Being what he was," the brief declares, "he could form no conception of the power of human virtue."

The solicitor asserts that the evidence is very strong, even leaving out the testimony of the negro Conley, connecting Frank with the crime.

"Frank, according to his own statement, was the last person who ever saw Mary Phagan alive," he declares.

Then, there was the testimony of Mrs. White, who came into the pencil factory office at 12:30, to the effect that Frank was very much surprised and seemed greatly excited.

The testimony of Newt Lee and of Gantt, also, showed that Frank was almost beside himself on the afternoon of the murder, it is asserted.

Declare Trial Was Fair.

The state's brief makes light of the charge that the jury was intimidated or was influenced in making its verdict by the crowd in the courtroom.

"That is simply another post-mortem attempt to get another trial."

Continuing, the solicitor argues:

"We submit that there was nothing of sufficient importance or consequence requiring the court to take any radical steps, and that the failure of defendant's attorneys at the time to request, or suggest, or intimated to the court that something or other should be done stops them now from complaining."

A number of pages of the brief is given up to an analysis of Jim Conley's testimony.

The solicitor insists that no error was committed in allowing testimony of the negro as to Frank's moral character to go into the record.

He declares that American courts are permitting much greater latitude than formerly in the admission of such testimony, appreciating that it is necessary to allow it in order to get at the truth and to show a motive for the crime.

Conclusion of Brief.

After citing a large number of authorities, including both court decisions and text writers, the brief concludes with the following language:

"In conclusion, we desire to stress the doctrine of harmless error with reference to which it is wholly unnecessary to cite authorities; and to call the attention of the court to the following principle, which should be acted upon, as contained in the words of that eminent authority, Professor Wigmore, and to be found in the 'Principles of Proof,' in the introduction, to which the author says:"

"'A study of the principles of evidence for a lawyer falls into two distinct parts. One is proof in the general sense, the other is admissibility, the procedural rules, etc."

"Hitherto the latter (admissibility) has doomed larger in our formal studies.

The judicial rules of admissibility are destined to lessen in relative importance during the next generation or later. Proof will assume the important place and we must, therefore, prepare ourselves for the shifting of the emphasis."

"A perusal of this evidence by an impartial mind, we submit, can lead to but one possible conclusion, viz., that there is no reasonable ground upon which to doubt the justness of the verdict rendered in this case, and the correctness of the judge in approving, and sustaining that verdict in his order, overruling the motion for a new trial."

The state's brief is signed by Attorney General Thomas S. Felder, Solicitor General Hugh Dorsey, E. A. Stephens and Frank A. Hooper.

The defense's brief, which was filed Friday by Rosser & Brandon, Reuben B. Arnold, Herbert J. Haas and Leonard Haas, lays particular stress on the statement of the judge indicating that his mind was uncertain as to the defendant's guilt and also the alleged unreliability and inadmissibility of Conley's evidence.

Two Months Before Decision

Owing to the enormous bulk of the record in this case and the length of the briefs filed on both sides, all of which will have to be carefully gone into before the court can reach a conclusion in the matter, it is not thought likely by the supreme court attaches who are most familiar with the operations of the court that a decision will be handed down before late in February or possibly early in March.

Criminal cases of the importance of the Frank case are given first consideration by the court, but the bulk of the evidence and the legal argument to be considered will necessitate some delay in the rendering of the decision.

Sunday, 14th December 1913: Atlanta's Strides From Day To Day, The Atlanta Constitution
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