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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.