Atlanta Georgian. (Atlanta, Ga.) 1912-1939, July 29, 1913, Image 3

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3 THE ATLANTA GEORGIAN AND NEWP LEE ROB in By L. F. WOODRUFF. A page was ripped from a story of Karris Dickson. “Old Reliable”* was paraded In the life in as somber a setting as was ever conceived, and the temper of the audience that is follow ing the fortunes of Leo Frank through his struggle for life and liberty was revealed. Some sinister things have been said of the spirit of Atlanta in reference to the trial of Jhe pencil factory super intendent as the slayer of Mary Pha- gan. It was whispered once that the law would not be allowed to take its cou.se, but that those w T ho believe Frank guilty would take vengeance their own. And. on the other hand, It has been sa!d in sotto voce that the purses of Frank’s friends would be opened tr> the last penny to see that n£ receives a. verdict of acquittal. Laugh Gives Lie to Rumor. But right at the start the whisper ings were given the lie, just as hap pens to most whisperings. A jury was selected and sworn in record time, and the story of a people torn by factional feeling by the case was crushed. The first important witness looked and spoke like “Old Reliable.” And his hearers laughed. People inflamed by a passion so deadly that they are willing to defy the law to obtain their vengeance do not laugh when the issue ,1s being fought. People who are willing to spend their last dollar l<*see a man freed do not giggle when a witness relates cir cumstances which, the opposition maintains, adds a strand to the corl of hemp which it is striving to weave about his neck. Frank Getting Fair Trial. Newt Lee, black, ignorant, corn field .pot-licker-fed darky, by the homeliness of his words proved be yond peradventure that Leo M. Frank is getting a fair and impartial trial as the law decrees, and that Atlanta is willing to abide by the verdict which the twelve men return when toe historic casf shall have passed to its final stage. • Jt took just such a character as Newt Lee to bring to light the true nature of the people who are listening to the trial, who* are following the legal battle step by step, whose in terest in the case is ^o intense that it lias kept the slaying of Mary Phagan the big thing in the public mind for three long months. Fortune favored both sides when the prosecution decided to place him on the stand among the first.- Wheth er his story materially damaged Frank or his cross-examination ma terially aided the defense is of little moment. The reception of his testi mony indicated to each side just what the public thought and enabled them to know that the case will »>e tried in the orderly manner which justice de mands. * Newt Enjoys His Fame. Let's have a look at Newt Lee. There’s a lot to be learned from this homely negro. When his name was called and he entered the courtroom, he had a joyful realization of his own i ip port n nee.' His face showed he, was again enjoying the thrilling pleasure of “cornin' thru” or going on a “sous- sion." He is typical of the type that Judg* Dickson so vividly depicts. His head is flat as a ballroom floor. His big frame is slightly bent, not from weak ness, <but from the natural laziness of his type. Sympathy that has been spent on him for his months in jail, though -ad mittedly innocent of any crime, has epent in vain. Newt Lee has been having the time of his life. “Ain’t dat nigger had his picture took and put in de white folks’ pa pers? Don’t dem big lawyers pay MOL SLOPS [ Relieves Itching Instantly and Soon Clears Away All Eruption. There would be fewer babies tor tured and disfigured by eczema, fewer mothers worn out by con stant worry and loss of sleep, and fewer lives made miserable by skin troubles that have persisted since infancy, if every woman only knew about Resinol Ointment and Resi- nol Soap. Simple baths with Resinol Soap and a little Resinol Ointment spread on the tortured skin stop the itching instantly, and quickly and permanently clear away tho eruption. And the Resinol treat ment is so pure, gentle and abso lutely harmless that it can be used with'perfect safety on baby’s ten der skin. Doctors have prescribed Resinol regularly for eighteen years and thousands of babies owe their skin health to it. Every drug gist sells Resinol Ointment and Resinol • Soap. Trial free; Dept. Resinol. Baltimore. Md. him respecks? Ain’t he jest sot dere in jail an’ not have to wuk?" That’s the negro point of view and that’s Newt Lee’s. He has tasted ail the popularity of a negro about to be hung and escaped the only drawback to the Anal ceremony, the actual hanging. Sang-froid Never Shaken. His sang-froid never left him even during the cross-examination he un derwent under the skillful questioning of Luther Rosser. He enjoyed every minute of the experience. Hp spoke in a dialect that Dock- stader would pay thousands for and he spoke with a directness and an Intelligence that showed that he had either been thoroughly rehearsed or that he was possessed of one of those quick, in-seeing mind, so rarely found among negroes of his type, but so typical of the class. Lee is beyond doubt “a white man’s nigger.” He spread a feeling of kind liness over a courtroom where bit terness was supposed to prevail. Judge, jurors, spectators, all seemed in sympathy witn him. and even Mr. Rosser did not prod him in the merci less manner that has made him one of the most famous, one of the most feared cross-examiners in the en tire South. Newt did not wish to let one sweet moment of his self-aggrandizement slip. Once during the testimony he was askfd as to his faithfulness In performing his duties as night watch man. “Light Jest Wuz Shinin’.” He “swelled visibly,” as Sam Wel ler remarked, before he answered. "Folks say there never is been a nig ger to punch that clock so prompt as me.” and a stern objection from Mr. Rosser kept him from going on with his story of personal prow r ess, though hi-- lips struggled to speak the forbidden words. And his illustrations were apt. They ■were not strained. They fitted like a glove. He was asked to tell wheth er a light was burning dimly or brightly. Like a flash he replied: "Has you ever seed a ligfitnifi’ bug? Has you ever seed one whui's jest been hit with a stick? Well, you knows how his light shines. Hit jest do shine. Well, dat was dat light. Hi$ just wuz shinin’ and dat’s all.” Racial horror of being alone in the presence of the dead was also dis played. Lee was in a dramatic period of his story. He i>ad just told of his grim discovery in the cellar of the pencil factory. “\Vhat did you do when you saw the giri?” Solicitor Dorsey’s question was spoken with rifle shot ring. He “Went Right Back Up.” “I went right back up dat ladder,.” said Lee. as though he were repeat ing a confession of faith. “How did you get up the ladder?” asked the Solicitor. “I riunno how I got up dar. but 1 sho’ wuz up dar. 1 sho’ wuz,” the negro replied fervently. And on he went with his story, practically each reply being greeted by an outburst of laughter until a bailiff had to threaten to clear the courtroom. He came down from the stand, smiling still, his glory gone, but real izing that for days he was sure to be a power on Decatur street, a per son sought for socially, a man among men. And as he descended the audi ence smiled an applause as gracious as bowing prima donnar or stentorian tragedian ever received. PRISONER AND WIFE SNAPPED IN COURT FOR THE GEORGIAN Leo M. Frank and Mrs. Frank as they appear in the courtroom. Mrs. Frank aided her husband as he defense’s jurymen, and assisted in the selection of appeared to gaze scornfully at her husband's prosecutors. Mincey Adheres to Published Statement W. H. Mincey, the school teacher, who says that Jim Conley, the negro sweeper at the National Pencil Com pany, confessed to him that he had killed a girl, declared Tuesday that he had conferred with attorneys for Leo Frank, and that he was ready to make his statement from the witness stand. Mincey said his statement would be identical with the one recently published in The Georgian. He claims to have met Conley on the Saturday afternoon on which Mary Phagan was killed. He said that Conley was drunk and that Conley threatened to kill him, saying that he had already killed a girl that afternoon. Mincey came to Atlanta from Ring- gold Monday afternoon. He is ac companied by B. E. Neal, an attorney of Ringgold. Husband and wife note keenly every move in the trial. Tragedy, Ages Old, Lurks in Commonplace Court Setting Outwardly Quiet and Singularly Lacking in Ex ilement, Frank Trial Is Enactment of Grim Drama. By JAMES B. NEVIN. One of the most commonplace things in the world—crime—is rivet ing the attention of Atlanta and Geor gia to-day. Crime is almost as commonplace as death—and yet death, in a thousand ways, never is commonplace at all. If I were a stranger in Atlanta and should walk into the courthouse where Leo Frank is being tried for the mur der of Mary Phagan. doubtless I should be utterly abounded to dis cover what I had walked into. That pale-faced, slight, boyish-look ing party over there—the one sitting beside the massive frame of Luther Z. Rosser and the well-groomed person of Reuben Arnold—I should be shock ed, I am sure, to learn that he stands charged with one of the blackest, most inhuman and most un5*peakable crimes in all Georgia's somewhat long 0RCF.LA1N—NO GOLD :R0W SuR N S D plctALTV W0RK WhBlehone; Best Set. $3.00 No More, No Less. =tOWN (22-K)... ..$3.00 WORK.PER TOOTH 3.00 fillings £•> LINGS <?year T guarantee. Painless Dentists Peachtree Street __ Continued From Page 2. . was open when you went back?—A. No, sir. Q. Did you tell the police it was a white §irl or a white woman?—A. I think I told them it was a white woman. Q. She was lying on her back, with her face up?—A. Yes, sir; she was lying on her side with her face up, with blood on her head. Q. Which side was the blood on?— A. It was on the right side. It was dry. Q. Are you sure it was the right side?—A. No, sir; her left side was turned up to me. 4 Grill Grows More Severe. Q. You swear she was on her back? —A. Yes. sir: her face was turned up kind of to one side. Q. When you went up to the office the first time, did Mr. Frank close his office door?—A I don’t know. 1 couldn't see his office. Q. I mean the outside door?—A. It was open. Mr. Rosser then read Lee’s testi mony about the time slip before the Coroner's jury. Q. You helped him put the page in. didn’t you, Newt? This is right, isn’t it?—A. Read that again. Mr. Rosser read it. A. No. sir; you got rne wrong. He didn’t come out of his office. Q. You said yesterday that Mr. Frank jumped back when he met Mr. Gantt?—A. Yes. sir. Dorsey Objects to Methods. Mr. Rosser read Lee's testimony be fore the Coroner's jury, which said nothing about Frank jumping back. Lee—"Well, the> got that wrong.” Q. That was a bad stenographer down 'there, wasn't he? Solicitor Dorsey here objected to this method of questioning bhe wit ness. He declared the negro should first be questioned and then an effort i to impeach him made. To this Mr. Rosser replied: “Of ! course, this gentleman on account of his'age is entitled to lecture me!” “I am addressing * his honor,” re torted Dorsey. “Are you through?” asked Rosser of Dorsey. “I have stated my objection," said I Dorsey. "He misunderstood what I am try ing to show." said Rosser. Court Sustains Dorsey. “This witness can’t tell what his I opinion is." said Judge Roan, for the first time, speaking. "He can tell what he swore to before the Coro- I ner’s jury.” i Following this ruling the cross-ex- Not FRANK LA WYERS FAIL TO INCRIMINATE LEE amination was resumed. Rosser read from the stenographic report of the Coroner’s inquest: “Mr. Frank jumped when he met Mr. Gantt and 1 taken it this way.” Here Solicitor Dorsey interrupted: “I object to what he taken,” the Solicitor said. m Judge Roan ruled that no opinion of a witness w as admissible. Assistant Prosecutor Hooper then asked that Mr. Rosser state what Coroner’s Inquest he was referring to. Attorneys in Clash. “I armalways glad to accommodate these men whenever I can,” said Ros ser. “You have got to accommodate me,” retorted Hooper. “No. I haven’t. The man never was born whom I have got to accommo date.” Judge Roan ruled that Mr. Rosser must state what Coroner’s jury he was referring to, as there were two, one in April and one in May. Rosser resumed his questioning. Q. I asked you if you were before the Coroner's Jury at the police sta tion?—A. Yes, sir. State's Objection Overruled. .Q. Did you the first time say any thing about Mr. Frank Jumping back when he met Mr. Gantt? Dorsey again objected, and was overruled. A. Yes, sir: I did. Rosser read Lee’s testimony before the Coroner's first hearing, saying he was going to ask him if that was ail he said. This testimony w as to th • effect that Frank looked as though lie was frightened. It did not mention, however, that Frank jumped back when he met Gantt. Q. Is that all you said?—A. No, sir; that wasn’t all I said. Negro Answers Warily. Q. Newt, I ask you if you didn't leap right out of there and run and call the police when you saw that bo x dy?—A. Just as soon as I saw what it was. Q. Didn’t you say this before the Coroner's jury: “I thought some dev ilish boys had put something there to fool me. I got close enough to see it | was a body and leaped right away?” — A. No. sir; I’ll tell you what I said. Mr. Rosser interrupted Lee. Q. Mr Frank told you If anything serious happened, to call the police, and if anything trivial, to cai| him?— A. Yes. Q When Frank told you to go off and have a good time, you lit right out, didn’t you?—A. No. sir.’ O. Didn’t you Bay that after two or three minutes you lit out? exactly that way. Says He Doesn’t Recall. Q. You said yesterday that when Frank put.on the lock tape that Sat urday it took twice as long as It did on the other times you saw him do it. When they asked you how long it took him to put it in before, did you not tell them you did not pay much attention to it?—A. I don’t recall. Q. Why didn’t you tell the Coroner it took twice as long the last time as it did before?—A. I did tell them it too< longer. Q. Who asked you?—A. He looked like a blind man. Q. Then all this record hero is wrong?—A. I can’t help about those records. Q. You never told »t until yoster- day?—A. Yes; I told the Coroner it took him longer. Q. If you didn’t pay attention to him the iirst time, how did you know it took longer the second time?—A. 1 held the lever for him. Q. You couldn’t say w hether it took him a minute the first time?—A. Yes. it took over a minute. Questioned About Notes. Q. You could not say whether it took under a minute or over a min ute?—A. No. Q. Who did you live with?—A. No one. Q. Who lived with you?—A. A wo man. She just stayed there and cooked for me. Q. You and her lived together?—A No. she* Just cooked for me. Q. Did you pay the rent for the last on*?—A. Yes. Q. How about the first one?—A. I just paid bT.rd. Q. Were you down in the basement when the police found some notes?— A. They said something about a book Q. They read you something about the night watch doipg ItV Dorsev hera t>biect«d to anything anybody else said. Rosser replied that his object was to get to the truth and show what Newt Lee did at the time, Indicat ing a ready interpretation of the notes. Mr. Arnold then addressed the court. He began an argument and Solici tor Dorsey insisted that the Jury be withdrawn. “Of course, after lie has discussed the case, he wants the jury with drawn at our statements,'’ said Mr. Rosser. “I understood Mr. Rosser to say he would not introduce the contents, and I understand this ruling excludes the contents of oiuj of the notes?” asked Dorsey. “No. I didn’t say we were not go ing to present the contents of the notes. I am going to introduce what 1 please,” answered Rosser. Judge Roan again sustained the de fense and ordered the jury brought back. Attorney Rosser then resumed his cross-examination. Q When you were in the basement, didn’t one of the policemen read a note which said something about a long. tall, black negro? “I object,” said Dorsey. “I under stood his honor to rule that the at torneys for the defense could not go into the contents of the notes." “Are we going on with this argu ment before the jury, after we just h*<jfcm sent out?” asked Rosser. the question be put,” said Roan. L_ee Denies Saying “That's Me.” Q. When he said "the night witch," didn't you say “Boss, that’s rne?”— A. No. sir; I said. “Boss, it looks like they are trying to lay it on me." Q. No. I want yes or no from this-- “The tail, black, long negro?” Here Dorsey interrupted with an objection. “Now where did Lee swear that." » Continued 03 Paa* 4. Column 1. and varied catalogue of crime. Yet that is the truth—Leo Frank is answering to the charge of the Grand Jury, and he haa pleaded not guilty. Crime and wrongdoing began, of course, when Mother Eve. through no motive other than curiosity, and with out malice aforethought, either ex pressed or implied, bit a small and toothsome morsel from the first apple. Cain performed the first murder not so very long afterward. There were no newvpapers in those days, but a well-authenticated story of those first Infractions of the law have come down to us—and to-day crime runs riot throughout all the world! Here in Atlanta, thousands of years after Cain committed the primary murder in history. Leo Frank is an- 3wering to the charge of killing Mary Phagan. some three months ago. Frank Calm, Unagitated. There sits the Judge, and over yon der the jury. Pale of long confine ment in jail. calm, unagitated, and even smiling, sits Leo Frank, the de fendant. Beside him are his devoted wife and his mother—his mother, who would as soon believe the stars had ceased to move in th*dr orbits as to beEeve even to suspect—-that her boy was ever so remotely concerned in the death of Mary Phagan. Over on the other side, however, sit the relatives* of Mary Phagdn—those who are not undf*r the rule and de barred from the courtroom. They art- grim and unsmiling—they are tnvok- iv, the law’s stern* st displeasure upon whoever It was that took the life of their innocent little one! •Vanv ard varied mu*: be the emo tions surging wit’dn the hearts an^ souls of thes*» people, notwithstanding their outward poise—but I. who am ♦beoreti cally n stranger in Atlanta's courtroom for tb* moment, ‘•till am Vkondfrrinu uhui It a.11 can about Gradually I realize a tenseness the atmosphere, perhaps—and there may steal over me. as I grope mental ly for something to fasten upon, a feeling that, after all. tragedy is in the air. and that its sinister shadow has fallen athwart this courtroom, the while I still cecall that outside the sunshine is very bright, and is beam ing upon the just and the unjoet, im partially and alike. One of the world’s truly great phy sicians says “death is never uninter esting," and that no really great phy sician possibly can find it so. He may become used to It, he may grow to view the mere physical fact of death itself as not a particularly astounding phenomenon, but never does he see in any one death the same sequenced things he has ob served in others. It is much the same way with crime, I think. Murder is as old as the hills—as old as laughter, love, and the hate of hell—but it never loses its repugnant appeal—and so, all Atlanta and all Georgia to-day is watching the prog ress of the Frank trial, because At lanta and Georgia are made up of human beings—that's all! Few Women Present. There are few women attending thf trial of Frank. If there were thousands, however, one alone and above all other would stand forth and challenge the attention of the spectators. I mean, of course. Frank’s wife. There isn’t anything the least bit “weepy” or downcast about her. She’s a woman—the accused man’s wife—but she plainly is a most ex traordinary woman, nevertheless. Whatever her thoughts, and what ever she expects of this trial, she gives no sign. Sh e counsels freely with her husband's lawyers, but not frequently. She leans over and whispers something into Frank's ear now and then, but not often. She smiles upon him. and occasionally s’ae runs her hand lightly along his shoulder, and maybe her arin is around his neck for the flitting frac tion of a second, but if any of it Is for effect or the least spectacular or theatrical, she is a consummate artist and surpassingly adroit. Somehow she gave me the impres sion of the wife affectionate, but not demonstrative, of the wife unafraid but not obtrusive, of the wife deeply concerned, but too proud to let it be seen any more than it must be. Perhaps there is a subtle motive in her quiet and repressed movements in the courtroom now and then—if so, I ('an but admire the complete perfectness of her methods and the dramatic excellence of her role as she enacts it. Looking there at Leo Frank’s wife and th*y Leo Frank, one uncon sciously ..nda himself .taking himself this all-important question; What could have been Frank's motive when he killed Mary Phagan. if it be pos sible that he could have performed that monstrous deed? Far and away the most frequent thing encountered in the unraveling of murder cases is the eternal trian gle—the man, th e wife, and the other woman! That “other woman" may be an angel, she may be a devil; she may be a princess, she may be a pauper; she may be an innocent child, she may bp a faded courtesan; she may be a willing third party, and she may be the most unwilling—but too often she is there, in some aspect, w’hen murder has been done! Could the motive behind the murder of Mary Phagan have been an un righteous infatuation upon the part of Frank toward the dead girl—an unholy infatuation repelled to the px> tent of bringing about murder itRelf? Was It that? And if it wasn't that, what was it? Unless there was malicious motive and intent behind the slaying of Mary Phagan. there haa been no murder done. The law says that malice is as essential to murder as oxygen is to the breath of life. Frank? Of all the defendants T ever saw arraign^ Leo Frank. I think, looks the least the part of a murderer! Not that that means anything whatever conclusively—but it is a thought that must obtrude itself upon all who view him there in the court house, battling in his own way for his life and liberty. Frank never could be made to look the part of a hero, no more than he can be made to look the part of a vil lain—and yet he might be either, and deceive his looks no more than hun dreds have done before his time and will do hereafter. If someone should have told that Frank is a bookworm, or a collector of postage stamps, or a person with a fad for pottering around in the garden at early morn, it never should have occurred to me to doubt It. But Frank a murdtrer, a thing lost to every sense of decency and right, a traitor to his dearest and nearest, a —well, I should have asked explana tions and enlightenment as to detail! And yet, if Frank be the thing charged in that bill of indictment, he must be all of those sinister things Combined. Is he? Frankly. I have no fixed opinion, and I am of open mind. The sweetest-tempered play-fellow otherwise I ever had when I was a boy had a marked pas«ion fo sneak ing off by himself and robbing birds' nests, particularly when he young birds were in the ne*ts! On® Touch of the Dramatic. There has been so far in the trial of Leo Frank but one touch of the genuinely dramatic—properly desig nated melodramatic, perhaps—and that n» when the clothing little Mary Phagan wore when murdered was exhibited to the jurv. This, of course, was one of the tricks of the trade, and it was in dulged In entirely for the jury’s bene fit. It is* not unusual—the same thing happens in all murder tr : a!s and I have wondered \\ h' it could happe? save for the doubtful effect of it de sired. To be sure, the sweet and innocent cause of this trial—the pathetic vic tim prerequisite to it—is. of all the parties to it. save one. absent. She may be there in spirit, com forting and sustaining her grief- *ilr..'Uon mnthftr hut War v4r\Ln« l« nnt heard, and never will or can be heard. She is not in the courtroom, and the one other extreme of the tragedy— omitting the yet undetermined status of Frank—is over yonder in the Tow er—Conley. In the grewsome exhibition of Mary Phagan’s clothing, just as it was re moved from her dead body, there wa3 a power of appeal hardly to be de scribed in words. The youthful gar ments spoke eloquently, if inconclu sively, of the deceased—the unoffend ing. methodical, carefree little work ing girl. so. suddenly and so fright fully thrust into public notice, never to know* what It all was about. If within the person of Mary Pha gan dwelt the awful propelling force of motive that prompted Frank or someone else to murder, her simple clothing there in the courtroom sug gested w onderfully clear the pathos of it and the Inhumanity. And there must have been a mo tive! What was it about Mary Pha gan that gave rise to It in the heart and mind of—Frank? The things that have happened so far in the trial of Frank are relatively inconsequential, as concerns the ver dict. Battle of Wits. Two conclusions stand out unmis takably—the trial Js to be a battle of legal wits, and it is to rage most fiercely about the negro Jim Conley— the big. black and all-meaning factor yet held jealously in the background. Mr. Dorsey, the Solicitor General, evidently feels the strain of his posi tion. He is plainly nervous at times, and unmistakably irritable now and then. He snaps his points to the court, and sometimes borders almost upon the rough and querelous in his language. Undoubtedly Mr. Rosser disconcerts and irritates the Solicitor continu ously. At timep Mr. Dorsey’s objec tions have seemed more like com plaints—and when Mr. Rosser turns his massive head around and stage- whispers additional words not to Dor sey’s liking, he resents it In every entence and gesture he offers by way of comment or reply. Reuben Arnold has had little to say so far, but he is forever whispering something into Rosser's ear—Rosser frowning like a thundercloud the while he listens. Mr. Rosser is fighting his way along cautiously and carefully. He 5*eemed upon the point almost of browbeating Newt Lee more than once, as that darky’s examination proceeded, but generally he quit just short of actual performance. Lee. too. was unconsciously out spoken in his resentment of the Ros ser treatment, and more than once scored well and powerful in reply to Mr. Rosser’s questions—particularly when couching his replies in quaint and curious negro illustrations and phrases. If at times Lee became more or less confused and contradictory, he proved in the main to be something of a Tar tar under cross-examination, and while his testimony as a whole could not amount to much as an isolated proposition and is valuable only as one link in a long chain yet to be forged about Frank, it nevertheless went to the jury in pretty good shape, and Jvill be hard to discount, what ever fit may be worth. Hooper Singularly Calm. But if Dorsey is agitated and Irri table. and if Rosser is imposing and pugnacious, and if Arnold is keyed to a high pitch and continuously prompting his associate counsel, the other big figure among the attorneys. Frank Hooper, is as calm as a May morning, smiling, dispassionate and altogether at his ease. Hooper looks as if he had Just step ped out of a cold-storage bandbox. Handsome, as he certainly Is. if not of particularly commanding pres ence, and well dressed, he moves about with all the unconscious grace and ease of a—panther? Hardly that, and yet—Frank Hoop er may loom larger than any attor ney in this case before the final word is written in respect of it. There is no doubt that the trial Is to be long drawn out. Every inch Is being disputed pro and con, and ev ery' possible point is being raised to keep the case strictly within its legal bounds. The Jury apparently is much above the average—it was plain enough all along that the defense was seeking a jury of high intelligence, and a city jury- moreover. I think the jury trying Leo Frank may be expected to record the truth of the trial—it appears to be com posed of level-headed, clean cut, sen sible men, as it should be. if it is to give a fair play to all parties con cerned. The climax of the fight, of course, will be entirely within Jim Conley. The State will make every possible effort to sustain him. and the de fense will make every possible effort to break him down. Luther Rosser will exhaust his re markable resourcefulness in this mighty effort, aided and abetted to the very limit by the subtle and in cisive art of Reuben Arnold. Frank Hooper will strive as he nev er before has striven to hold Conley together—and Hugh Dorsey will back him with all the experience of his career at the criminal bar. A happy and reassuring circum stance Is that over and above all these contending forces sits Judge Roan—unruffled, unafraid, of un blemished and unquestioned integ rity, upright and just—to hold all the stormy elements eventually in order and within the rules of the law. The real trial of Leo Frank hardly yet has begun! Kills His Sister by Mistake for Burglar ELBERTON, July 29.—Mack Guest ehot and instantly killed his 17-year- old sister last night, mistaking her for a burglar. She was visiting from the country. Guest told his sister to leave a win dow open when she retired. About 10:30 o'clock Miss Guest decided 10 close the Window Mrs. Guest awoke, telling her husband someone was breaking into his sister’s room. Guest secured a shotgun and shot his sister in the hack. No arrest has been made. Guest Is prostrated. Bees Usurp Bed and Couple Can’t Sleep BUCK GROVE, IOWA. July 29.— A swarm of bees does not form as easy as a resting place as a feather ' bed. as Mr. and Mrs. Nels Wingrove discovered. Going to bed in an up stairs room in the dark, as was thgir custom, they heard the buzzing of bees. It was discovered that a swarm of bnat hoii eottlad in tHoir lorf.