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er; let the tail follow the hide; it was right
to let the jury see what the man’s recent
practise had been at the place where the lit
tle girl was assaulted; the jury was enabled
thereby to gain a better idea of who attempt
ed to do, with Alary Phagan, what Leo Frank
had been in the recent habit of doing with,
other girls, THE SAME PLACE,
Don t you think the majority decision was
the better of the two?
At aiiy rate, majorities make the decisions;
we don't go by dissenting opinions.
But after the majority of the Court had
settled the Frank case, the Atlanta Journal
did something it never had done before.
It violently attacked the Courts, Superior
and Supreme, saying that if Frank should
be executed under these judicial decisions, his
death, would, be “judicial murder!’’
7he ease was then pending before Judge
Ben Hill, on the extraordinary motion for
new trial.
The Atlanta Journal said:
Responsibility for the enforcement of
the law and the punishment of crime
rests largely but not exclusively upon
the courts. The press also has its share
of responsibility, and it seems to the
Journal that the time has come for the
press to speak. The Journal will do so
now even though every other newspaper
in Georgia remains silent.
Here was a novelty. Never before had
any Southern man announced that a por
tion of the judicial power was vested in the
publishers of newspapers.
The Constitution of Georgia puts the re
sponsibility on judges and juries; but the
Journal declared that “a share” of this re
sponsibility is on the press.
V hat share? Half, or less than half?
Where is the press’ “share” to be allotted
when, and by whom?
Did the press tote its “share” in the year
1914. when four Gentiles were hanged for
murdering men? What did the Atlanta
Journal do with its “share” when Lep My
ers got off at manslaughter, after going to
a Gentile woman's room, in Macon, and atro
ciously shooting her to death?
The Journal further said:
The courts have their great responsi
bilities and their arduous duties to per
form, and be it said to their everlast
ing credit, they discharge those duties
to the best of human ability. But even
juries are sometimes swayed by environ
ment and the judicial ermine is not
infallible. Infallibility is an attribute of
omnipotence.
“The judicial ermine is not infallible;”
the editorial toga is.
Editors are not the sworn depositories of
judicial functions, and judges are', but if a
Jew, of opulent connections, is convicted of
murdering “a factory girl,” the editors will
demand, a “share” of judicial responsibility.
In this instance, the “share” which the At
lanta Journal demanded did not leave
responsibility to the Supreme Court and
Judge Ben Hill.
The Journal demanded the whole thing;
and it ordered Judge Hill, in effect, to grant
Frank another trial, else TIE ALSO WOULD
BE IMPLICATED with Judge Roan,
Judge Evans, Judge Lumpkin, Judge At
kinson and Judge Wanner Hill, IN COM-
JUDICIAL MURDER!
This ferocious tirade of the Journal was
the signal for the opening of the fiooa-gates
of virulent denunciation .which the rich
Jews have poured upon us, ever since.
They have tried their hand at doing in
this country what they did in France for
the German spy, Dreyfus; and what they
did in Russia, for the Jew Beiliss, who mur
dered the Gentile boy.
THE JEFFERSONIAN
They didn’t get off with it, in Georgia;
hence, their boundless rage.
Now, let me take up the widely published
article of Teacher Katz, who claims to have
attended the trial.
Katz says that there were four men in
the factory the day Mary Phagan was kill
ed ; and he says that two of these were “work
men who were doing some repairs on ma
chinery on the fourth floor.”
You were at the trial, were you, Katz?
AVhy, bless my life! every witness testified
that the two workmen, Arthur White and
Harry Denham,’ carpenters, who were
tearing out a partition to put in a new one!
The matter wouldn’t be worth notice, if
this man Katz were not giving to the New
England people a story of the trial, ostensi
bly /row, his own personal knowledge.
Katz proceeds:
“On the second floor was Leo Frank. He
was making out a financial report.”
When? In the forenoon? That’s exactly
what the state contended; but the defendant
made herculean efforts to show that Frank
was not engaged on his financial report un
til the afternoon!
On a legal holiday, when no work was go
ing on at the factory (excepting the two
carpenters on the fourth floor), Frank spent
the whole afternoon; and when the carpen
ters left at 3 o’clock he remained behind.
When the night-watch came, an hour later,
he found Frank locked in, behind the stair
way door. Frank had asked the night
watch to come at four so that he, Frank,
could go to the ball game, but when the ne
gro came, Frank sent him away, telling him
to come back at six.
Frank was left all alone in the factory,
where the dead girl lay!
WHAT WAS HE DOING THERE?
The defense claimed that he was making
out his financial sheet.
The State claimed that he was prying the
hasp off the basement door, dragging the
girl's body from the elevator to the farthest
darkest place in the basement, placing the
notes where they were found, secreting her
mesh-bag, ribbons, etc.
The State claimed that he locked the dou
ble doors on the stairway to prevent sud
den surprise.
The State claimed that he made out his
financial report in the forenoon, and Hattie
Hall, 'his stenographer, swore it at the in
quest.
Now comes 11. Katz, with a statement to
the same effect.
This being true, what was Frank doing,
locked in at the factory, all that Saturday
afternoon ?
Why did he change his mind about going
to the ball game?
What was his reason for refusing to al
low the night-watch to stay in the building
from 4 o’clock to 6?
Katz should tell us.
Having placed three of the four men, Katz
next goes for Jim Conley, and Jim catches
it, when Katz gets hold of him. Read:
1 ' ?
On the first floor was a negro, Jim >
? Conley, hidden in a pile of packing
cases stacked at the foot of the stair- *
way. He was of a type often termed *
in the South, “« low-down nigger”—a
shiftless, vicious, grossly immoral crea
ture, who that morning had drunk sev
eral glasses of “gin”— the kind that \
makes men into wild beasts. This man /
had been employed at the factory as a
sweeper and knew the building thor
oughly. A
Sig Montag, Herbert Schiff and Leo
Frank were seriously censurable for keeping
a nigger of this sort, for two whole years!
To have a nigger of that notorious char-
acter on the pay-roll for two years, was al
most calculated to give the factory a bad
name.
Katz says that Jim drank several glasses
of gin that Saturday morning, and Katz
says that the gin which Jim poured intd
himself that morning “was of the kind that
makes men into wild beasts.”
How do you know, Katz.
The only evidence about Jim’s drinking
was given by" Jim himself; and, of course,
Katz heard it.
Therefore, I’m surprised at the amount of
terrible gin which Katz injects into this low
down nigger.
The official evidence shows that on the
morning |in question, Jam had one
drink of whiskey and three of beer!
As Katz was at the trial he heard this tes
timony given under oath and he knows that
there isn’t a smell of gin in the record.
Jim’s “gross immorality” consisted in his
having a negro wife to whom he was not le
gally married.
His “vicious” characteristics had never
been shown, except in having an occasional
fight with another negro.
He had worked for Mr. W. S. Coates five
years, and had been in the employ of such
men as Dr. Palmer, Dr. Honeywell, etc.
He was not “hidden in a pile of packing
cases.” Mrs. J. A. White saw him sitting at
the foot of the stairs. Two white men saw
him there and inquired of him the way to
Frank's office.
Katz, of course, knows that Airs. White
saw this hidden negro, for Katz attended
the trial.
Describing the condition of the basement
in which Alary's body Was found, Kate says:
A sliding door, opening upon the back
alley, had been pried off with an iron bar
which lay by, the lock being broken,
and in the haste of flight the door had
been left open. On the wood were the
marks of bloody finger -prints.
Gentlemen, this man, Katz, takes mv
breath away.
The official record shows without dispute,
that the door remained closed, the Jock was
unlocked, and unbroken, and there was no
iron bar there at all!
A piece of leaden pipe had apparently
been used to pry the hasp of the door, and
the wooden bar had been lifted from across
the sliding door, as if some one had prepar
ed to re-enter the basement, by the back way.
(See evidence of Dobbs, Starnes, Scott,
etc.)
If there were bloody finger prints on the
door—only one witness thought he saw some
—the lawyers of the defense took good care
not to compare them with Leo Frank's fin
ger prints.
The State could not do this, but the defense
could have done it.
were they afraid of?
The Katz article continues: i; ’
THE MURDER NOTES.
Beside the body were found two illit
" crate notes, addressed to her mother,
' purporting to have been written by the
, victim, in which she told her mother
how she was murdered. The composi
tion of these notes plainly betrayed the
* race of the author: none but an unedu
cated negro could have composed them
at such a time. These notes are here
s reproduced with explanatory addi
tions.
The firist note read as follows: “Alan
(madam) that negro hire(d) down here
did this i went to and he push(ed)
me down that hole a long tall negro
black that hoo it wase long sleam tall
negro i write while ” The second
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