Newspaper Page Text
VOLUME XII.
ATLANTA, GA.. TUESDAY, AUGUST 26, 1913. 1
NO. 96.
E
THITTHEyilRESOLEJUOGES
OF WITNESSES’ CREDIBILITY
He Discusses “Reasonable Doubt, 1 ' Declaring That Burden
of Proof That Defendant Is Guilty Beyond “a Reasonable
Doubt, but Not Beyond Any Doubt" Rests Upon the StMe
STATE OF GEORGIA
VS.
LEO M. FRANK
Immediately after overruling the motion for a new trial made by
Attorney Arnold, Judge Roan began his charge to the jury. He con
cluded at 12:47.
The judge first charged the jury on the question of reasonable
doubt. He said that the presumption, of innocence was in the defend-
-ant’s favor until overcome by a reasonable doubt, not beyond’ “any
doubt,” but beyond a reasonable doubt.
. _ He then defined murder, expressed malice, and malice.
The judge charged the jury that they were the sole judges of the
credibility of witnesses. He outlined the legal meaning of “direct
evidence” and ‘‘circumstantial evidence.” He declared that evidence
of good character on the part of the defendant was revelant and mate
rial, b-.t that if good character were proven it would not suffice if
guilt were shown.
He then defined for the benefit of the jury the meaning of the
word “character.” The fact, said the judge, that the solicitor asked
witnesses if they had heard of misconduct was not to be taken as evi
dence of such misconduct if they failed to answer.
He said it was for the jury finally to say, judging the credibility of
witnesses, as to the good character or bad of the defendant. “If von
believe,” he concluded, “beyond a reasonable doubt, the defendant to
be guilty, you should return a verdict, “We, the jury, find the defend-
and guilty of murder.’ If not you should bring in a verdict, ‘We, the
jury, find the defendant not guilty.’ ”
The judge concluded that the jury could in Its wisdom find the
defendant guilty with a recommendation or mercy, which would mean
imprisonment for life.
After thanking and admonishing the jury, the judge concluded his
charge at 12:47.
Murder.
Fulton Superior Court.
Trial: July 28 to Aug, 21, 1913.
CHARGE OF THE COURT.
Gentlemen of the Jury:
This bill of indictment charges Leo M. Frank with the offense of
murder. The charge is that Leo M. Frank, in this county, on the 26th
day of April of this year, with force and arms, did .unlawfully and with
tpalice aforethought kill and murder one Mary Phagan by then and
there choking her, the said Mary Phagan, with a cord placed around
her neck.
To this charge made by the bill of indictment found by the grand
jury of this county fecently empanelled Leo M. Frank, the defendant,
files a plea of not guilty. The charge as made by the bill of indifctment
on tin one hand and his plea of not guilty filed thereto form the issue,
and you, gentlemen of the jury, have been selected, chosen and sworn
to try the truth of this issue.
PRESUMPTION OF INNOCENCE.
Leo I. Frr.nk, the defendant, commences the trial of this issue
'With the presumption of innocence in his favor, and this presumption of
innoeense remains with him to shield him and protect him until the
state shall overcome it and remove it by evidence offered to you, in
your hearing and presence, sufficient in its strength and character to
satisfy your minds beyond a reasonable doubt of his guilt of each and
every material allegation m de by the bill of indictment.
X charge you, gentlemen, that all of the allegations of this indict
ment are material and it is necessary lor the state to satisfy you of
their tr th by evidence that convinces your minds beyond a reasonable
doubt of his guilt before you would be authorized to find a verdict of
guilty. *
NOT BEYOND “ANY” DOUBT.
You are not compelled to find, from the evidence, his guilt beyond
any doubt, but beyond a reasonable doubt, such a doubt as grows out
of the evidence in the case, or for the want of. evidence, such a doubt
as a reasonable and impartial man would entertain about matters of
the highest importance to himself after all reasonable efforts to as-
certin the truth. This does not mean a fanciful doubt, one conjured up
by the jury, but a reasonable doubt.
Gentlemen, this defendant is charged with murder. Murder is de
fined to be the unlawful killing of a human being, in the peace of the
state, by a person of sound memory and discretion, with malice afore
thought, eithe>- express or implied.
Express malice is that deliberate intention unlawfully to take away
the life of a fellow-creature, which is manifested by external circum
stances capable of proof.
Malice shall be implied where no considerable provocation appears
and -here all of the circumstances of the killing show an abandoned
and malignant heart.
ARE EVIL DESIGN, AS MALICE.
There is no difference between
express and implied malice except
in the mode of arriving at the fact
of its existence. The legal sense
of the term “malice” is not con
fined to particular animosity to
the deceased, but extends to an
evil design in general. The popu
lar idea of malice in its sense of
revenge, hatred, ill 'will, has noth
ing to do with the subject. It is
an intent to kill a human being in
a case where the law would neither
j»*stify nor in any degree excuse
the intention if the killing should
take place as intended. It is a de
liberate intent unlawfully to take
human life, whether it springs from
hatred, ill will or revenge, ambi
tion, avarice or other like passion.
A man may form the intent to kill,
do the killing instantly, and re
gret the deed as soon as done. Mal
ice must exist at the time'of the
killing. It need not have existed
kny length of time previously.
When a homicide is proven, if it
is proven to be the act of the de
fendant, the law presumes malice,
and unless the evidence should re
lieve the slayer he may be found
guilty of murder. The presump
tion of innocence is removed by
proof of the killing by the defend
ant. When the killing is shown to
be the act of the defendant, it is
then on the defendant to justify or
mitigate the homicide. The proof to
do that may come from either side,
either froni the evidence offered by
the state to make out its case, or
from the evidence offered by the
defendant or the defendant’s state
ment.
SOLE JUDGE OF CREDIBILITY.
Gntlemen, of the jury, you are
made by law the sole judges of the
credibility of the witnesses and the
weight of the testimony of each
and every witness. It is for you to
take this testimony as you have
heard it. in connection with the
defendant's statement, and arrive
at what you believe to be the truth.
Gentlemen, the object of all le
gal investigation is the discovery of
truth. That is the reason of you
being selected. empanelled and
sworn in this case—to discover
what is the truth on* this issue
formed on this bill of indictment.
Is Leo M. Frank guilty? Are you
satisfied of that beyond a reason
able doubt from the evidence in this
case? Or is his plea of not guilty
the truth?
The rules of evidence are framed
LEO M. FRANK
FRANK GUILTY OF
MURDER IN FIRST
DEGREE-VERDICT
After Being Out for
4 Hours and 9 Min-
*
utesjury Notifies Judge
Roan that They Have
Reached Verdict.
To Offer Resolution \Bolling Jones Is
Ordering Official \ Named Postmaster
Probe of Speer Case By the President
Clayton, Chairman of House
Judiciary Committee, to Ask
House to Allow Committee to
Make Official Probe
i.sen is hem;
with a view to this prominent end
-seeking- always for pure sources
and the highest evidence.
Direct evidence is that which im
mediately points to the question at
issue. Indirect or circumstantial
evidence is that which only tends
to establish the issue by proof of
various facts sustaining, by tlieir
consistency, the hypothesis claimed.
To warrant a conviction on cir
cumstantial evidence, the proven
facts must not only be consistent
with the hypothesis of guilt, but
must exclude every other reasonable
doubt hypothesis save that of the
guilt of the accused.
AS TO GOOD CHARACTER.
The defendant has introduced
testimony as to his good charac
ter. On this subject, I charge you
that evidence of good character
i when offered by the defendant in
a criminal case is always relevant
and material, and should be con
sidered by the jury, along with all
the other evidence introduced, as
one of the facts of the case.
It should be considered by the
jury, not merely where the bal
ance of the testimony in the case
makes it doubtful whether the de
fendant is guilty or not, but also
where ’such evidence of good char
acter may of itself generate a
doubt as to the defendant’s guilt.
Good character is a substantial
fact, like any other fact tending to
establish the defendant’s inno
cence, and ought to be so regarded
by the jury. Like all other facts
proved in the case, it should he
weighed and estimated by the jury,
for it may render that doubtful
which otherwise would be clear.
GOOD CHARACTER AND GUILT.
However, if the guilt of the ao
cused is plainly proved to the sat
isfaction of the jury beyond a rea
sonable doubt, notwithstanding the
proof of good character, it is their
duty to convict. But the jury
may consider the good character of
e defendant, whether the rest
of the testimony leaves the ques
tion of his guilt doubtful or not,
and if a consideration of the proof
i. his good character, considered
along with the evidence, creates a
reasonable - doubt in the minds of
the jury as to the defendant’s
guilt, theH it would be the duty of
the jury to give the defendant the
benefit ' of the doubt thus raised
by his good character, and to ac
quit him.
DEFINE^ “CHARACTER." ,
The “character” as used in this
connection, mean^ that general rep
utation which he bore among the
(Continued on rage S, Col. 2.J
BY RALPH SMITH.
WASHINGTON, Aug. 25.—The judi
ciary committee of the house, after
reading more of the charges against
Federal Judge Emory Speer this morn
ing. directed Chairman Henry D. Clay
ton to present a resolution to the house,
authorizing the committee to proceed
with a full and complete inquest of the
accusations against the jurist.
•Judge Clayton will introduce this res
olution at tomofrow’s session of the
house, and wil lask its immediate con
sideration. It is anticipated that the
resolution will be passed without seri
ous opposition after which the commit
tee will arrange for a special inquiry
into all phases of tne case.
From what Judge Clayton said to The
Journal correspondent today, following
the committee meeting, it is believed
that a special subcommitte will be ap
pointed to take testimony in Georgia
and to givq Judge Speer ample oppor
tunity to be heard. Speer has indicated
that, while he desires to be heard, his
health will not permit him to visit
Washington at this season of the year.
He is a sufferer from 'hay fever and
he prefers to remain in Georgia until
frost has fallen.
The action of the judiciary committee,
while apparently precipitated and un
expected, was not surprising to members
of the Georgia delegation. It was learn
ed today that the Georgia congress
men and the judiciary comniitee are in
perfect accord as to the proper method
of procedure in the case.
There are more than one hundred pages
of the report of Special Examiner olton,
of the department of justice, who inves-
tigated tire accusations against Judge
[ Speer, and more than twice that volume
of papers in the exhibits accompanying
| the report with affidavits and other doc-
! uments.
* Meantime Representative Bartlett, of
Georgia, acting as the dean of the Geor
gia delegation and its committee of one
to review the secret charges and report
to the delegation his conclusions with a
view to their course of action, if* any
is considering the matter. He has looked
into the report, but his work of exami
nation of the papers was interrupted to
day by the judiciary committee’s consid
eration of the case. He expects to reporc
to the delegation on his examination of
the papers this week.
GEORGIA DELEGATES WAIT.
The Georgians feel that the proper
parliamentary stage has not been reach
ed to warrant action on the part of
any of their number. It is the unani
mous belief of the delegation that the
charges against- Speer should be fully
investigated by the judiciary commit
tee before the delegation determines as
to what action, if any. it should take.
This plan will give to Speer an onnov-
tunity to present his side of the case,
and disprove, if-possible, the accusations
that have been lodged against him. If
the judiciary committee, after its in
quiry, decides the charges have been
sufficiently substantiated to warrant
further proceedings, then, and then only
will the motion to impeach be made in
the house. A Georgia congressman will
undoubtedly make the formal motion
and the house will call for the papers
Well-Known Business Man
Nominated to Succeed Hugh
L, McKee, Whose Resigna
tion Has Been Asked For
At 4 minutes to 5 o’clock the jury returned a verdict
of guilty against Leo M. Frank. The verdict was anounced
by Foreman Winburn. The jury was immediately polled by
the court. \
At 12 minutes to 4 Judge Roan, who had temporarily
left the court room, entered again and took his seat. He
was accompanied by Chief Beavers and Attorney Frank A.
Hooper. At this hour Solicitor Dorsey and Attorneys Ros
ser and Arnold had not yet arrived. At 10 minutes to 5
Judge Roan called court to order.
Sheriff Mangum cautianed.the few in the court room
against any demonstration. The jury entered ‘ the court
room at 4:55. Solicitor Dorsey had just previously ar
rived. The jury took seats and Foreman F. E. Winburn
rose to read the verdict of guilty. There was a crowd of
over 2,000 people waiting outside the court room when the
verdict was read.
The verdict of the jury reached The Journal just before
The Semi-Weekly went to press.'
Outline Publicly Nation’s
Policy Toward Mexico Un
less Next Few Hours Bring
Change in Attitude
BY RALPH SMITH.
WASHINGTON, D. C., Aug. 25.—One
thing can prevent the presentation or
President Wilson’s Mexican message to
the two houses of congress in joint ses
sion tomorrow. That is for Huerta
and the small group of people with
him claiming to control the govern
ment of Mexico to indicate that they
yield to the proposals of the United
States government for ihe establish-
men ot^ a constitutional government
and peace in Mexico. The president's
hope is he will not have to ,present the
message.
To those who discussed Mexico with
him today the president intimated that
he would hold his message open until
the last moment to give Huerta and'
his colleagues the opportunity to do
the patriotic thing for the country. He
intimated- also that he had some hope
that Huerta would comply.
In doing this Mr. Wilson said he
could not discuss his message because
the events of the next twenty-four
hours might change it. Therefore, he
did not feel that he ought to open
any possible avenue by which what he
has written in the message could be
come public prematurely.
"WASHINGTON, Aug'. 26. : —The nomi
nation of Bolling H. Jones to succeed
Hugh L. McKee, as postmaster at At
lanta w’as sent to the senate this aft-
I ernoon by President Wilson. Other
I Georgia ‘ nominations were:
i D. F. Davenport, postmaster, at Amer-
! icus.
A. L. McAfthur, at Cordele, and Ma
ry L. Carswell, at Jeffersonville,
Twiggs county.
The confirmation of Jones as post
master at Atlanta will automatically
remove McKee, who refused to resign
his commission at the request of the
department.
The Jones nomination was referred
to the Dostoffice committee of the sen
ate and Senator Hoke Smith will expe
dite its consideration. It is certain
that the nomination will be favorably
reported and it is expected that Jones
will be confirmed at an early date,
possibly this week.
The department recently requested
McKee’s resignation on the strength of
a special investigator’s report, in which
it was charged that the office has
been poorly managed. McKee was
given ten days in which to resign. It
is understood that he offered to step
down and out if the charges were
withdrawn and he was allowed to serve
out the present fiscal quarter, expiring
September 30.
The department declined to entertain
tnis proposition. The removal of Mc
Kee, it is belie\’ed, will be followed
shortly by a general reorganization of
the personnel of the Atlanta postoffice.
It is reported that DeWitt C. Cole will
be displaced as assisetant postmaster
and that many other important changes
w’ill be made.
REV. E. M. BOUNDS
DIES AT WASHINGTON
WASHINGTON, Ga., Aug. 25.—Rev. E.
j M. Bounds, a minister of the Missouri
I Methodist conference, died at his home
' here Sunday afternoon, after an Illness
of several months. He was in his sev
enty-eighth year and is survived by his
wife and children.
Dr. Bounds was author of “Preacher
and Prayer,” which has been translated
in several languages. He was formerly
editor of the Nashville Tennessee Advo
cate. He will be buried here this after
noon.
in the case so that it may vote intel-
I ligently.
e'artlett works.
i Congressman Bartlett, acting for the
delegation, devoted most of yesterday to
reading the charges against Speer. He
declined today to discuss the character
of the charges or give any indication
as to how they impressed him.
The fact, however, that the commit
tee has directed its chairman to offer
a formal resolution, thus bringing the
matter to the attention of the house
officially, is taken to mean that the
members of the committee have been
impressed. with the gravity ol’ the
charges.
TO FURTHER REGULATE
SENATORS’ ELECTIONS
j Congress May Pass Law Ex-
! tending Recent Constitution
al Amendment
(By Associated Press.)
‘ WASHINGTON, Aug. 25.—To forestall
further disputes over the election of
senators in accordance w’ith the recent
direct election amendment to the consti
tution, the senate elections committee
is preparing to propose certain regula
tory legislation.
Senator Walsh, of Montana, and a
subcommitte now are working on a bill
which will provide for the extension of
the state laws for electing representa- j
tives in the various states to the elec-1
tion of senators. This not only would I
authorize the governors to call special I
elections to fill vacancies, but would au- I
thorize the election of senators at the;
regular elections.
The legislation is regarded as desir- j
able, because many state legislatures!
have provided no machinery for carry- j
ing the amendment into effect and some
will not be in session in time to do so
before the next regular election comes
around.
CONFERENCE OF STSTE
IS
MARINES READY ON HOUR’S
N NOTICE TO CO ANYWHERE'
From Every Part of Union, Ex
ecutives Gather at Colorado
Springs
(By Associated Press.)
COLORADO SPRINGS, Col., Aug. 25.
The vanguard of the state executives
to attend the fourth conference of gov
ernors, beginning Tuesday, arrived yes
terday. It is expected the remaindde
of the conferees will arrive today,
among them former Govenor John A.
Dix, of New York.
The presence of Secretarv of the Ir^
terior Lane is expected to lend addition
al value to the discussion of the ad
ministration of his department.
Midnight Robber
Stole Only Rare
Kinds of Flowers
ROMPL Ga., Aug. 25.—Rare flowers,
potted plants, ferns and other beautiful
products of the conservatory were found
yesterday by Rome police officers at
the home of Rosa Miller, a negro woman,
who was arrested charged with the theft
of the plants.
For a year or more many flowers
have been stolen from time to time from
yards and verandas. The robberies oc
curred during the night, and so clever
was the work of the thief that the po
lice were baffled. Finally they obtained
a clue which led up to the home of the
Miller woman, and there in the yard
and house were found hundreds of the
missing plants, which were identified by
Rome people.
So far as is known, the Miller woman
never stole anything else, but confined;
her depredations entirely to flowers, an,
unusual form of kleptomania.
No Emergency Expected, but
Service Is Prepared for Any
Contingency
(By Associated Press.)
WASHINGTON, Aug. 25.—While the
United States marine corps has not beenl
preparing for any particular emergency.;
officials declare today that branch of the
service has been made so mobile that,
on a few hours’ notice It could start)
for any place its services were needed.!
This applies in general to the entire 1
personnel of the corps, but more partic-:
ularly to that portion stationed at Fhil-‘
adelphia.
I rom that station the 1,000 marines]
in barracks there would be ready to take'
transport and sail on the shortest possi- 1
ble notice. So far as the men them-i
selves are concerned, everyone would be
at their posts with all their parapher-j
nalia in two hours after a call came.
Every man would be in line, for thel
marinecoms is the one branch of the
fighting service of the nation which 1st
filled up to the last /nan. Of the 9,9°"'
marines, not counting officers. ma
more are stationed at Philadelphia thi
any other point. At Norfolk there a
almost 700| but many are recruits, n
ready for service without at least t
weeks’ training.
The special preparedness of the m
rines at Philadelphia is due to t
“advance base’’ training given the
there. Speed is the element which e
ters to a greater degree probably thi
any other, into this training. An houi
loss of time in reaching some partic
larly desired strategic point in an en
my’s territory or elsewhere, might gl
the enemy an advantage which wou
mean weeks of hard fighting. For th
reason the necessity for speed in a
swering every call is instilled by co
stant practice.
MEXICAN VICTIM NEPHEW
OF AMERICAN GENERAL
Young Hayes Was Son of Mel-
len Hayes, of Farming-
ton, Me,
(By Associated Press.)
BUFFALO, N. Y., Aug. 25.—Edmund
Hayes, Jr., who was shot and instantly
killed by Mexican federals at Madera,
under command of Francisco Cordova,
and whose death Secretary of State Bry
an has ordered the American consul at
Chihuahua to investigate, was a nephew
of General Kdmund Hayes, of this
city.
Hayes was the son of Mellen Hayes,
of Farmington. Maine, and was twenty-1
eight years old. He engaged in the
lumber business, and although he was
employed at timekeeper at the plant of
the Madera Lumber company, is said to
have been deeply interested in the con
cern. He was a frequent visitor here.
MEN “HIGHER UP” MADE
MONEY ON HORSE RACES
WASHINGTON, Aug. 25.—Evidence
has been found that betting on horse
races, according to the police, has not
been confined to the clerks in the gov
ernment department, but that certain
high officials were also patrons of the
bookmakers, six of whom recently were
arrested in the navy yard. The investi
gators declare the “men higher up**
made their wagers through subordinates
an das a result their apprehension will
be difficult.
The inquiry into the hand book bet
ting industry in the departments, the
police say, has led them to the discov
ery that it was conducted by a “ring” I
of gamblers wjth resources of upwards
of half a million dollars. For years, it 1
is said .this “ring ’ divided profits an
nually ranging well up into the thou-j
sands of dollars.