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3 THE ATLANTA GEORGIAN AND NEWS. r LEE JUST A SHOT IN DMKi FATHER AND SON WHO FIGURE IN THE DEFENSE OF LEO FRANK By JAMES B. NEVIN. Tf Mr. Luther Z. Rosser's bite is one-half so dangerous as his grow! undoubtedly is disconcerting and awe-inspiring, there will be little save shreds -and patches of the prosecutton left, when the State comes eventual’v to sum up its case against Leo Frank, Rosser’s examination of Newt Lee was one of the most nerve racking atrd interesting I ever listened to. It reminded me much of a big mastiff worrying and teasing a fiuge brown rat, and grimly bent eventual ly upon the rat’s utter annihilation. A witness up against one of Ros ser's mighty bombardments- is- in a decidedly uncomfortable predicament —no doubt about that! « True, Lee snapped back at Rosser and growled angrily every little bit, and strove this wav and that to get away from the insistent prod of th*, tremendously menacing mass of -hu manity forever in front of him, wor rying. teasing, sneering, and threaten ing, but he could not. Always the terrible Rosser was there—and so. every little bit, Lea would fall back into the witness chair, with an audil le sigh, and say, ever so softly and abjectly, “Yassi - , yaseir, Ah guess dat’s so!” Sometimes Lee Countered. Bulldozer Rosser may be. browbeat- er perhaps, he still is far and away- the most picturesque flgtire ih the trial as it has progressed to date. The Solicitor General outspokenly resents the Rosser methods of exam ining witnesses and endeavors with all the resourcefulness at his com mand to counteract- them and set them so far at naught as he may—but Just’ as plainly he fears the powerful figure leading the case for Frank, and dreads to the very limit the effective ness of his methods. It must be remembered that tr* State is relying largely upon the testimony of two ignorant negroes rjr the conviction of Frank. Conlev is the State’s star witness and Newt Lee is its second best bet. Both are densely ignorant, and. theD- Tettfally at least, more- or h?ss easy, marks for the Rosser method of ex amination. . Time and agrin, Lee rallied and came back at his tormenter wii'i telling effect—it is likely altogether that more than once the jury’s sym pathy went out to Lee in large meas ure. while Rosser was grilling him— and to the darkey’s occasional sain and adroit sidesteps, the spectators ■ in the courtroom frequently respond ed readily with approving titters and guffaws. . , Still, more thart once Rosser mixed the negro up somewhat—and we may hear more of that when the adroit Arnold comes to the bar for argu- 4nent. , , •Rapiers' Second the Clubs. And so, it seems to me now that the battle is to divide after t . h '‘ 3 fashion: Rosser is io> wieldI the bludgeon, and Dorsey is to neutral!'.-, or ward off its shock wherever ami whenever he can, while Arnold an.i Hooper are to undertake the more skillful and artistic, -but none the less deadly, rapier work . . „ Rosser is to smash and bang things around, and Arnold Is to puncture, thrust and parry. . It will be. in those circumstances, full and fair time f-om small hoys and persons of hesitating dispositions to stand from under—but neither Dorsey nor Hooper is made of that variety of human clay. "Whom the gods would destroy thev first muke mad,” of course—and Luther Rosser has scored many a hrilliant victory in the past through the simple process of making the other fellow mad. And he can make Dorsey mad, too —and does, frequently! If only Dorsey had Hooper s poise and unruffled calm, the assaults of Rosser and the aggravating Persist ence of the man would be as harm less as the shots of a popgun against a modern man-of-war. Dorsey Falls Into Trap. But Dorsev isn't Hooper, and the consequence is that Dorsey gets very- angry now and then, -which is ex actly what Rosser is driving at— and when Dorsey communicates some of his distress of mind . and temper to the witness on the stand, the physehological condition Rosser is fighting for has been -set. up. and If he doesn’t make the most of it every time it happens, his hand will hare lost its cunning and he will belie and contradict a lifetime achievement at the bar. At <imes there is something grim ly humorous about Rosser—as when, having befuddled a witness and ex asperated him to the very verge of madness. Mr. Rosser will. rjav with studied sarcasm and belittling em phasis. “Oh, well, we ll not quarrel about that—well not quarrel, you 3 If that doesn't make the witness a thousand times madder than ever before. I can not imagine why! When it comes to handling a wit ness of the caliber of Sergeant Dobbs, Mr. Rosser does not perform any particular transformation in his make-up or his methods. He essays fco Dr. Jekyll and Mr. Hyde roles—he ever and always is the same big. massive. powerful, crushing, snorting, fighting, destroy ing mass of humanity, under full mental and physical steam ahead! His Scowl Good Argument. If anybody in this world is capa ble of lifting himself by bis own bootstraps, unquestionably Mr. Ros ser is tne man! No one in all the courtroom watetass him so closely, and ap parent!* so analytically, as does the Vkendant'a wife. Lucile Frank •■rank watclK* rather curious- fry, even quizzically; the elder Mrs. Frank—the defendant's. mother—not quite so closely—but th* prisoner’s wife rarely takes her eyet> off her husband's leading counsel. And there is something amazLCjly fascinating about Mr. Rosser. He is fascinating physically—or course his superb mental equipment is not debatable—much after the same fashion that old John L. Sulli van use^ to be. In his palmy days, one of old John L.’s scowls often served to scarf an adversary instantly into a doubt that a second scowl not f infrequently evolved rapidly Into despair. Old Jake Kilrain told me once in Washington city that he never was genuinely afraid hut once in his life, and that was the first time his an cient enemy, John L. Sullivan, frowned ferociously upon him in the beginning of their first fig^ht—and that he (Kilrain) never got over it. Both Center on Purpose. “If only once or twice he had smiled upon me and looked the least little bit pleasant. T might have licked him,” said white-haired old Jake Kilrain. “hut he never did once —indeed, I never once saw Sullivan smile while fighting, in all the days T have known him!” And T mean it as a compliment to Luther Z. Rosser when I credit him with that same sort of terrible defi niteness of purpose in trying a ease. Mr. Rosser lets it be seen cau tiously And carefully at first, that -he bad a deadly indent toward Lee. He made 1* plain bv an adroit develop ment of questioning, that he proposed showing, if he could, more in Lee's connection with this crime than the public latterly has imagined to he possible. Fventuallv it dawned upon the thick-witted negro there in the wit ness chair that Rosier was leading up, through all those puzzling and wor rying questions, to a fixed and steady mark, and I ee could be seen plainly to squirm and twist as he drew in- evitablv .nearer and nearer the peril ous brink. Storv V»rtua|'v Unshaken. He begsn to .shift and back awav from questions, to comnlain of inac- curacy in the stenographic reports of the Coroner’s inquest, to evade and become indefinl'e. Evidently at one time, the negro was growing afraid, and he undertook to be as cunning and as cautious as he might. And vet, with nil of that, he stood the ordeal pretty well, and came through relatively unhurt and c^r- tainlv not seriously damaged. I think his evidence, as an isolated thing, amounts to little, anvwav—but I think it went to the jury fairly well unchal lenged. at that! The fighting so far. in its fuller as pect, has been so r*?ainlv skirmish ing and jockeving for position that manv snertators must have won-* dered often, as I did, what sort of accounting- that other and far mor° important sable figure in the Frank trial Jim Conlev. might be expected to give of himself under the merci less fire of Rosser. It-is about the negro Coni*"’ that the battle will reach its zenith and ‘the fighting will be the fiercest After Corilev has been disposed of. one way or the other, the case against Frank will.be either, up or down, ac cording to the status of Conley when bis remarkable story has been put to the ultimate test. Will Conlev Stand the Test? Will Conley be as nimble-witted as Lee was? Will he be able to withstand the onslaughts of Rosser and Arnold, even opfiVoximately as well as Newt stood them? If he does Conley thus far has held himself to gether pretty well. His examinations, however, have been altogether one sided. A very different story may be told after he has been up against tlje best legal talent the defense could secure. Newspapers have reported, from time to time, how Conley was "grill- i ed” by thus and so—never a party to the defense—and It has been related how well he “sfuck to his story” when, after three trials, he apparently suc ceeded in getting hold of a story he could stick to overnight as a funda mental proposition: but whether the word “grilled” should not really have been “drilled'’ never has been per fectly clear in my mind. Conlev ought to have his story well in hand by now. in any event: and so, if it is a true story, neither Mr. Rosser nor Mr. Arnold will succeed In breaking him down. On the other hand, if Conlev relates an untrue story, surely Rosser and Arnold will be able to locate the loose joints in it and wb^n they do Conley should read a?* readily as anybody the big and sinister danger signal that there and then will loom significantly ahead of him. Rosser Shoots »n Dark. As for the examination of Newt Lee bv Mf. Rosser, it impressed {ne often as a mere shooting in the dark, hop ing to hit something. To my mind there is nothing mueh to Lee save and excepting the one fact that be discovered the dead body of little Mary Phagan in the factory cellar. He *1s a genuine negro, with all of a negro's superstitious antipathy for a dead body. He went into the cellar on a perfectly natural and ordinary mis sion. and there he discovered the body Just so soon as he satisfied himself as to what it was he undoubtedly thd, a* he '-wore, “light a rag out of thar!” Immediately he called the police, as be bad been instructed to do bv Frank, when he (Lee) first was em ployed as a night watchman In the factory. That is all he knows about th* crime—and it is all Mr Rosser ever got out of him and ever will get out of him. The remainder of his testimony is relatively unimportant, although, to be sure, there are hits of it that will serve to account for any seeming un- r.nturalne**.; in the behavior of Frank just prior to his departure from the factor’- Saturday afternoon and later along in the evening. Battle Has Just Begun. The battle for Leo Frank’s life. lib. erty and honor as a man, the fight to clear his home of the shadow of trag- edv forever, has hardly yet begun. The fighting s>n far has been inde cisive. and to neither side has fallen anv advantage worth reckoning upon. The State has sustained itself very *-eii because if hasn't jofct anything— and about as much may be said for the defense. A,nd not until Jim Conlev gets into the case will the really big guns be unlimbered. L. Z. Rosser, Sr., and son. Fj. Z. Rosser, Jr., both en gaffed in Pbasran els'- Frank and Wife Perfect in Poise; Mother Pitiful Figure Arm akimbo, glasses firmly set. changing position seldom, Leo M. Frank sits through his trial with his thoughts in Kamchatka. Terra del Fuego, or the Antipodes, so far as the spectators in the courtroom can Judge. He may realise that if the twelve men he faces decide that he is guilty of the murder of Mary Phagan, the decree of earthly court will be that, his sole hope of the future will be an appeal to the Court on High. His mind may constantly carry the im pression of the likelihood of the solemn reading of the death war rant, the awful march to the death chamber, the sight 'of the all terrify ing gibbet, the dreadful ascension of its steel stairs, the few words of re ligious consolation—and then .the drop. Frank's Face a Mask. But if he does realize these things, his face is as completely masked against emotion as that of a skilled poker player. To ail appearances, he is the de fendant in a civil suit on a contract of $100, and he has the money in his pocket to pay the Judgment if the court should rule against him. An outsider entering the court room, uninformed, would look in vain for the man whose chief interest is in the trial. There is a world of earnestness written on the faces of the array of counsel- The Jurors sit with fixed faces. Their nervous fanning tells .their emotion. The court is ail in terest and the spectators lean for ward, ears strained to catch every word, eyes keen to observe every move. But Leo Frank sits there placid as a V°°l. calm as a champion about to go forth to assured victory. If any thing: hfc appearance indicates that the trial is not a trial to him. It is simply a detail of a misfortune that is through circumstance. Frank’s months in prison have noi affected him physically. His eyes are By L. F. WOODRUFF. extremely luminous. His olive skin is exceedingly clear. He holds his spare frame erectly. He speaks seldom. Occasionally he turns to pass a word with his wife. Every now and then he has a brief conference with his counsel. More often he gazes straight ahead—at nothing. % He sits next to the massive Luther ftos ser. When Rosser is on his feet he is next to studious-appearing Reub Arnold. When he speaks to them, his voice Is impassionate and his sen tences are carefully framed. Frank’s Wife Confident. Behind him is his wife. Mrs. Frank is a remarkably handsome woman. She shares the stoicism of her hus band in the trial. Though she has not missed one minute of the hear ing. she has never shown that she realizes that the outcome of the case may change her to a widow. Twice after the court has taken recesses, and Frank has been turned over to his deputy sheriff guardian, she has embraced and kissed him. But afterward «»he has walked from the courtroom, head thrown back, shoulders erect, apparently un concerned. On the street she would be taken for a woman out for an aft ernoon of shopping rather, than the woman who bears the name of the man charged with the blackest crime known to Atlanta criminology. Then to the left of her ska the pa thetic figure of the trial. To those who believe Frank guilty, his person ality is not one to arouse^pity. His self-assurance is too apparent. His wife hardly stirs sympathy. She, too. is apparently confident of victory. But there’s the mother Hour after • hour she aits and listens .to men try ing to send her firstborn to the gal lows. Hour after hour she is thrilled by the «klll*.il struggle that his coun sel makes to have the family name cleared of the stain brought by the charge that now rests against it. Mre, Frank U a motherly-looking Flashes of Tragedy Pierce Legal Tilts at Frank Trial woman. Her form is atnple, and in her younger days was. evidently a woman of striking appearance. She is typical of tha mother of her race— the revered head of the Hebrew fam ily. In this trial, though, her eyes are practically always fixed on her son. Their yearning light spreads through the big courtroom. Mother’s Looks Are of Love. Their every flash pends the mes sage that she wants him back on her breast a free man. No single feature of the trial es capes her. When the prosecution scores, another line is added to the face that has been wrinkled by the three months of wa'ting and horror. When the defense seems* to have an advantage, there is a Joy expressed as great as the power of Niagara When the attorneys ask a question, her eyes are fixed on the questioner. When the witness answers, her gaze Is on him. When the court rules, every movement of hie lips Is marked by her. But there is always an eye for her son. During the trial he wished a drink of water. The pitcher was on the desk of his counsel, far from his seat and nfar hers. When he looked for it, she divined his wish. She was on her feet in a second. The glasn was in her hand. The water vvas poured out. In her trembling grasp it was passed to him. As he took it. his stoicism broke. He smiled his acknowledgment of the little act of kindness, and there was a wealth of love in hie smile, and she smiled back reassurance. Su perlatives couldn't tell the meaning of that smile. • * * Mary Phagan is dead. She died horribly, the victim of as cruel a beast is ever polluted thflfcsoil of the Southland. But Mary Phagan is dead; she sleeps peacefully beneath a flowered sod. The mother of Leo Frank Is alive, and be her ton innocent or guilty, the mother is the pitiful figure in this black an! baffling mystery. The trouble Is, plain human emo tions won’t stick at concert pitch all the time. And so the Frank trial, after the first twenty minutes, % say, become* much like any other trial. Except In the flashes. You get into the courtroom with some formality. At once you are in the midst of order. It is rather pon derous, made-to-order order. But it Is order. Officials stalk about, walking on the balls of their feet, like pussy cats. But they do not purr. They request you to be seated. You must not stand up; you must alt down. Unfortunately, you must stand up to walk to a place to sit down. And that grieves the of ficials. They mop their faces. Ore In particular uaes an entirely red bandana handkerchief-—sometimes for for his face, sometimes to (lag stand ing spectators, who must sit down. There ts order. Thrills Get Temporary Check. Until you are thoroughly sitting down there is no chance for the con cert pitch to vibrate. Human emo tions are constituted so curiously the! a rasping collar has been known to overbalance the diead presence of the King of Terrois. Honest persons have admitted this. And the grim por tent of the Frank trial produces no thrills while you are stepping on othe ? people’s feet. Being seated, the first thing you do is to perspire gently. That of Itself is not romantic. Also it interfere:' with the concert pitch. It 1b hard to reconcile perspiration and cold pric kles back of the ears. You get the first tingle when you pick out the accused. Your neighbor does not help you do this. One’s neighbor at a trial rarely knows any thing about anything connected with It. You pick out the prisoner because von have seen many pictures of him. He is one of tho** w r hose pictures look like them. You are quite certain w'ho it Is. First Chord a Mere Tinkle. But the opening chord of the con cert pitch is disappointing. It is not majestic and soul-stirring. Frank ly, it is more of a tinkle. Here is a slim little man. He is dark. His face is sharply cut and lean. His eyes are well open**!, back of thick lenses. • • * That was the first real tingle. • * * Did those eyes glare down upon the huddled figure of Mary Phagan in the echoing loneliness of the pencil factory that Saturday afternoon? Glared through the thick lenses? The grotesquery jars oddly. The thrill passes. There is Ruffe Arnold, objecting to something. It is among the duties of counsel for the defense to be constantly injured. Mr. Arnold is good at that. He Is not going to fail, if the court please, in his full duty to his client, who sits there. And the particular part of Mr. Ar nold's duty at this moment is to that his learned brother does not get before the Jury from this witness any of his (the witness’) ideas as to how the defendant looked the morning aft er the tragedy at the pencil factory. Mr. Arnold Philosophize*. Mr. Arnold begs to submit that an officer, if it please the court, thinks everybody looks guilty. Mr. Arnold begs to submit further that the hu man face 18 the most Inscrutable thing ir. the world. And Mr. Arnold will say— You discover the defendant’s wife and mother, and lose the thread of Mr. Arnold’s philosophy. They sit by his side. The mother's face is of the Inscrutable type pic tured by Mr. Arnold. The wife’? face. • * * That was thrill No. 2. • • * You realize in a flash what the Frank trial means to her. * * * She watches the witnesses more closely than her husband. She moves her fan nervously at times. She re gards the prosecutor and his assist ant with a certain contemptuous de fiance. • * * The tingle lasts un til you realize she is chewing gum. Mr. Arnold's philosophic objection has spun itself out. Mr. Dorsey re sumes his questioning. Mr. Dorsev has a querulous manner of asking questions. Mr. Arnold’s injured ob jections mav explain that. The Pathos of a Dress. The testimony just now is not thrilling. It has to do with a stair way and an office and some very usual-looking cord or heavy twine. The witness has to get up frequently and point out things on a framed plan of the pencil factory that hangs on the wall where the Jury can see It. He uses an umbrella. He may be pointing out the very spot where Mary Phagan * • * But the handle of the umbrella is bent. Is it his own umbrella? It looks like a woman’s. * • * Where did Mr. Dorsey get that twine, anyway? Oh. the suitcase. There are other things in the suitcase. • * * A little heap of things on the floor of the witness stand—a crumpled dress, a hat. * • • And that time you wink your eyes very hard, because they sting. What was in that little girl's mind as she put on that hat for the last time? What painstaking care had she used, to make it her ’’best” hat—what needle pricks, maybe, in the small fingers? And the lavender dress * * * And the end of all, In the dust and dirt of the pencil factory basement. i Just for a flash it’s all real. And By 0. B. KEELER. cold. And grim. And pitiful. Rosser Soars—Regardless. Then Mr. Arnold objects again, and there is another dreary wrangle, and the Idea g t.« uppermost In your head that the city detective is a most lit eral-minded witneg*. It Is confusing. Mary Phagan’s sister is there. She wears a black hat and an unaccus tomed veil. You look In vain for tributes to emotion. She shows a mild interest in Mr. Rosser’p pomp and circumstance of language. In stead of another thrill, you gain a hazy impression that Mr. Rosier is an orator who loves to soar—who would soar, in fact, when he might get along faster by walking. You hear the purr of the fans, the shuffle of feet, the clearing of throats You are aenrible that it is very warm and that the judge twice has handled his palm leaf as if it were a gavel You see a juror yawn luxuriously and once more find proof that yawning is contagious. oh, yes—after the first twenty minutes (say), the Frank trial is much like any other, except “A big splotch that looked like blood.” “Where was It?” “Well, some of it was over in the corner. • • * It looked as if it had been swept over with something white. * * * The rest ” “Well, tell the jury where was the rest.” “Around a nail that stuck out. * * * The top of the nail was cov ered with blood, and * * *’’ You sit back and your hands hurt from squeezing the arms of the seat. They are talking about a stairway again, and the city detective is point ing out something on the map with the bent-handled umbrella. No use. Plain human emotions simply won’t stick at concert patch, even for the terrific romance of murder. Once In a w hile, over the whirr of fans and the shuffle of feet and the interminable squabbling of counsel, you feel the shadow of a crime—an uglier crime than that w’hicb took Eugene Aram out of Lynn, “with gyves upon his wrist. ’ But only in tne flashes. Defense Plans Sensation, Line of Queries Indicates That a sensation Is to be sprung by the defense by the production of the mysteriously missing ribbon and (low - erg from the hat of the murdered girl was repeatedly indicated by Attorney Rosser’s line of questioning Tuesday and the afternoon before. Beginning with Mrs. J. W. Coleman, mother of Mary Phagan, the attorney for Frank interrogated every witness who saw the girl alive or dead that day in regard to the ribbon and flow ers. Mrs. Coleman said that the ribbon and flowers were on the hat when Mary left heme. Newt Lee said that he had seen no sign of the missing trimmings. The testimony of Ser geant L. S. Dobbs was the same. De tective Starnes, when he was turned over for the cross-examination, made the same admission. It is believed that Rosser will pro duce the ribbon and will attempt to establish that, it was found in a place throwing suspicion upon the negro Conley. Frank was brought to the court house at about 8 o’clock Wednesday morning. There was no change in his demeanor or physical appearan e. If the trial has been any strain upon him he does not display the effects. He was dressed in the dark mohair suit he wore Tuesday. He greeted his friends cheerily and spoke con fidently of acquittal. The jurors, sleeping in three rooms at the Kimball House, spent a rest less night. Thgy appeared rather fagged when they were brought into the courtroom at 9 o’clock. First Witnesses Unimportant. Attorneys for the Slate have an nounced that the witnesses called I ’ Monday and Tuesday were only for the purpose of starting the presenta tion of evidence against Leo Frank right from the opening incidents of the day that the murder was commit- I ted, and that they were important I only in so far as they assisted in mak- j ing a continuous chain of evidence, and as they made here and there ! statements which might be Interpret- I ed as damaging to the accused. Working on the foundation laid by j Tuesday’s testimony. Solicitor Dorsey was understood to be prepared Wed nesday and Thursday to introduce witnesses who would swear that the red stains found in two places on the second floor were splotches of blood and not aniline or any other color ing stain; also that the bloody Anger- prints on the rear door of the base ment were the finger-prints of Leo M. Frank. City Defective J. N. Starnes Just before he left the stand Tuesday night identified pieces of wood as pieces he had chipped from the rear door of the factory. There w’ere fin ger-prints easily distinguishable upon them. A finger-print expert was in the employ of Solicitor Dorsey for some time during the investigation of the murder mystery and was named among the State's witnesses. The red-stained chips from the fac tory floor were sent to Dr. Claude E. Smith, city bacteriologist, for analy sis. Dr. Smith also is one of the .State’s witnesses and was expected to be called Wednesday or during Thurs day’s forenoon session. Writing Pad Evidenoe? Starnes was on the stand practical ly all of Tuesday afternoon. While the direct examination was In prog ress the detective told of his part in scouring the pencil factory for evi dence. One of his statements on which the Stale Is relying to establish that f rank acted and talked in an Incrim inating manner morning the body was found consisted in his testimony in regard to a telephone conversation which he said he had with the fac-* tory superintendent that morning. Starnes, under the examination of Dorsey, said that he had been very guarded when he called up Frame that morning and had merely said that he desired Frank’s presence at the factory. He denied that he had mentioned the fact that a girl had been killed. Claim Frank Knew. It Is the purpose of the State to seek to establish that Frank, without being told of what had happened, had made remarks to the officers when they came for him which indicated he was not unaware that a girl had been murdered in his factory. The main points of Starnes’ testi mony were: That ne had discovered stains re sembling blood in two places on the second floor of the factory. That Frank acted nervous when brought to the factory. That Frank made a strange remark to Foreman M. B. Darley that he “had more than one suit of clothes',” refer ring to the fact that he had on a different suit than the one he wore the day before. * That Lee appeared composed when questioned Sunday by the detectlvea That he witnessed the new night watchman In the pencil factory make a complete punch of the time clock covering a period of twelve hours in five minutes. Unoer Kossers crons-examination Starnes admitted that it was practi cally impossible for him to remember the exact words he used in certain parts of his testimony at the Cor oner's inquest. This admission was obtained by Ro.«ser to show that Starnes’ memory in respect to the tel ephone conversation with Frank could not be regarded as any more reliable. Rosser brought out that Starnes failed to mention at the Coroner’s inquest either the matter of the telephone conversation or of the alleged conver sation he held with Frank the morn ing of the murder. 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