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PAGE FOUR
note read thus: “He said he wood
play like the night witch did it but the
long tall black negro did buy his self.”
If Katz attended the trial, he must have
heard the evidence which proved that Newt
Lee, the night watch, had only been there at
the factory about three weeks before the
murder, and that Jim Conley had never seen
him.
The great Rosser industriously helped the
State convict Frank of dictating the
by proving that, at the time the notes were
wrticn. it was Frank and not Conley, who
knew /one to describe Newt Lee's personal
upnear'd!< r <.
A{ the time Mary was killed, and the notes
written. Conley was not able to describe
Newt. as fell, slim, and black.
Katz misses another thing revealed in
these notes:
They suggest unnatural se.ru al intercourse
.with tla dead girl and the other evidence in
the ca>- —part of it given by a white girl—-
I rove.; that it was Leo Frank who was ab~
(hrU ■’ t<> i het CWC.
any negro ravisher ever assault a
v. oman and leave no seminal trace ?
Never!
t i ore was none at this case, and yet Dr.
Harris swore that violence of some sort had
bem done to her privates shortly before she
( ’ i < ‘ i.
Frank's vocation made him writer. It
v : Li- business to write. Writing Was on
Li.- min. lie wrote to his uncle in Brook
lyn that <’( ,■!/ day. and his poor old mother —-
:i ;.i us pity her! identified the letter at the
trial.
77. < letter was written after the girl was
< according to Frank's own statement;
ai d in the letter to his uncle he said: “There
has been no time for anything sensational to
l.;.j v • n since you were here.”
Writing was his constant habit, his second
nature. and it was he. and not the ignorant
negro, who thought of writing out the accu
sation against the night watch, who would
I>< in the factory with the dead airl all night.
Negro rapists of white women do not
Lunt up pad- and pencils, and stoically seat
themselves, to compose notes. Never!
Katz says that the reason why Frank was
reluctant to allow J. M. Gantt to enter the
factory, on the evening of the crime, when
Mary's body was lying in there, was that
Gantt was drunk!
Never a scintilla of evidence pointed in
that direction. Not a word is in the record
about Gantt being intoxicated. If Katz &
( c. continue to discuss the case for outside
newspapers, they'll have Dorsey and Judge
Roan drunk next, and they may even give
the jury a drink or two.
1 hope they won't be able to prove that
Cur Supreme Court ordered beer during its
deliberations on the case. Grappling with
the element of time, Katz gives one the idea
that he himself, may have had a toddv. He
sa vs:
If Conley’s story is true, then Mary
Phagan arrived between two and five
minutes after twelve. The commission of
the crime was, therefore, placed by the
prosecution as between 12:03 and 12:20.
The defense met this evidence by the
unimpeached testimony of three wit
nesses who showed that Mary Phagan
could not hare reached the factory be
fore 12:12. Two were the conductor
and motorman of the car on which she
rode to the factory. They knew her
well. They swore she left the car at
12:071-2. She could not have walked
from the point she left the cqy to the fac
tory in less than five minutes. Which
could have brought her there at 12:12 1-2
This would have left less than eight
minutes for the receipt of her pay, the
THE JEFFERSONIAN
inquiry about the metal, her walking
with Frank to the metal room, the vio
lation preceding the murder., the mur
der itself, Frank's return to his office,
the regaining of his. composure and
resuming his work at 12:20, at which
time a witness swore to have seen him at
his desk, calm and collected.”
Mrs. Arthur White is the witness who
saw Frank at 12:30, after he disappears
from mortal view at 12:02, when Miss Hat
tic left— punching the clock as she left.
Not. 12:20, Katz, but 12:30! And Mrs.
White did not see Frank “at his desk calm
and collected,'' but came up behind him, and
spoke to him, where he was standing in his
front office before his open safe, and she
swore that he “jumped'' when he heard her!
A very different time, and a very different
story, Mr. Katz.
As you were at the trial, you must have
heard Mrs. White swear this, ami yon know
she war; not contradicted.
(Her evidence appears on page 21, of the
official Brief).
It doesn't matter what the car conductors
said about the time of day, outside the fac
tory; this ease turned on the time of day. by
Frank's clock inside the factory. By this
clock, Frank fixed the time of Mary Pha
gan's arrival, and he put it at 12:05 to
12:10.
She was there, in that interval between
12:05 and 12:10, but he had her in the
metal room, behind the closed door!
lie did not know until the second week
after ho had repeatedly fixed the time of
Mary’s arrival, by his own clock, that Miss
Mcntcen Stover had come into his office, al
most immediately after the metal-room
door closed on Mary Phagan, and that one
of these white girls was waiting five minutes
by his clock, while he was trying to gain
the other's “consent,” in the metal- room.
Monteen had gone away, before Frank
became enraged by Mary’s resistance, and
knocked her down.
Frank's absence from the court-room
when the verdict was returned, was not one
of the grounds of the motion for new trial.
That ground was not even included in the
extraordinary motion for new trial.
That point was not raised, until after a
whole year had elapsed, and after Frank had
twice gone to the Supreme Court of Georgia.
In our magazine for March, 1915, I argued
that the waiver of his presence in court, by
Frank's attorneys, and the long acquiescence
by Frank himself, amounted to an estoppel.
’ The United States Supreme Court soon
afterwards took the same view. All the
Justices said that the point was made too
late. , . .
Really. Frank lost nothing by his absence.
His lawyers exercised the only right he Lad
at that time, by “polling ’ the jury.
Each juror said then that the verdict was
his; each of them says so, now; not one of
them would sign the application for mercy,
and when Dr. C. M. Wilmer insisted with
one of these jurors that he should sign. Di.
Wilmer was peremptorily ordered out of the
house.
With a final war-whoop and declaration
of undying hostility, Katz concludes:
The history of the Frank case from
the beginning to the end proves to any
unbiased person that he was accused,
tried and Join? to death by a. mob. Geor
gia. as a State, has abandoned civilized
government and lowered itself to the
will of a mob. There has happened in
Georgia what could not happen in dark
est Russia. Beillis passed safely out of
Russia though all the superstition in
the Russian nature had been roused
against him. Frank was not safe even
m a prison in a state which boasts its
partiKpatioa in AineiTcan civilization.
The Slate of Georgia has defied the
public morals of a return, and she is in
her present mcod not fit to be regard “I
as a member of the nations fnm’ly of
States.
Leo Frank is, as the Atlanta Constitu
tion says, “only a detail in the awful
story. It v.’as the State itself that was
lynched. It is Georgia, Georgian law
and justice, that was hanged upon that
Cobb county tree.” It is the sovereignty
of the State of Georgia that has been
desecrated.”
“Done to death by a mob!' 1
Four members of the mob go by the fol
lowing .entrimmi r.gs:
Supreme Court Justice Peverlv I). Evans;
ditto. Joseph Henry Lumpkin: ditto. Samuel
C. Atkinson: ditto, 11. Warner Hill.
These Supreme Court mobocrats are the
same jurists who sealed the d cm of th®
Gentiles last year.
When they did so. they were considered
high-minded, competent, conscientious jus
tices. performing a painful duty.
But when they applied to a Jew the same
yardstick with which they had measured evi
dence against the Gentiles, they became “a
mol?,” and their decision sanctioned “judicial
murder!”
Gentlemen, it is ihgh time these Katzes
and Slatons and Samuel Adamses quit mis
representing this case.
THE PEOPLE are not going to allow’ a
convicted criminal's own lawyer to lynch the
courts and save his client.
THE PEOPLE' APE NOT GOING TO
ALTLOIV IT!
The People would deserve the contempt of
mankind,Tf they did allow it.
Leo Frank was under sentence of death
when, the Vigilantes executed him.
The commutation, signed by his lawyer,
was not only a nullity, but was a most fla
grant, intolerable insult to the State, and a
most unparalleled attack upon our judiciary.
Time cannot cover that unpardonable sin.
of John M. Slaton, and lie will do well to
remember that Treason is not protected by
any Statute of Limitations.
He betrayed us; lie did it deliberately!
He made his bed: now let him lie on it!
<
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