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TTTF ATLANTA GEORGIAN AND NEWS. LEE JUST A SHOT IN DARK: FATHER AND SON WHO FIGURE IN THE DEFENSE OF LEO FRANK L. Z. Rosser, Sr., and s on, L. Z. Rosser, Jr., both en gaged in Phasjan ease By JAMES B. NEVIN. » If Mr. Luther Z. Rosser's bite is one-half so dangerous as his growl undoubtedly is disconcerting an ^ ewe-inspiring, there will be little save shreds and patches of the prosecution left when the State comes eventual’y to sum up its case against Leo Frank. Rosser's examination of Newt Lee was one of the most merv* racking and interesting I ever listened to. It reminded me much of a big ^ mastiff'worrying and teasing a huge 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. .Att, and strove this way and that to get away from the insistent prod of the 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, Loj would fall back into the witness chair, with an auditle sigh, and say. ever so softly and abjectly, “Yassir, yas^ir, Ah guess dat’s so!” Sometime Lee Countered. Bulldozer Rosser may be. browbeat- er perhaps, he still js far and away the most picturesque, figure in 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 out just as' plainly he fears the powerful figure leading the case for Frank, and dreads to the very limit the effective ness of his method?. ‘ It must be renumbered that tne State is relying largely upon the testimony of two ignorant negroes or the conviction of Frank. Conley is the State’s star-witness and Newt Lee is its second'best bet. Eoth are densely ignorarjt. and, tneo- retieallv at least, more or less easy f . marks for the Rosser method of ex Time and agrin, Lee rallied and came back at his tormenter win telling effect—It is likely altogether that more than once thq jury’s sym pathy went out to Lee in large meas ure. while Ro?ser was grd.ing him— and to the darkey’s occasional sallies and adroit sidestens. the spectators in the courtroom .frequently responfl- , *d readily with approving titters and guffaws. , A Still, more than orire foeter mix a the negro up somewhat—and m ™y hear more of that when the adroit Afnold oomes to the bar for argu- ■Rapiers' Second the 'Clubs. *nd so, it seems to me now that the battle is to divide after thij fashmn' Rosser is to wield the - bludgeon, and Dorsey is to neutralise or ward off its shock wherever and whenever he can. while Arnold am. Hooper are to undertake the nmr, Skillful and artistic, hut pone the less deadly, rapier work th , Rosser is to smash and bang things around, and Arnold is to puncture, thrust and parry. It will be in. those circumstance, f a i r time ('em small bo;.s and persons of hesitating dispositions ?o" stond from under-hu. nei her Dorse- nor Hooper is made of that variety of human cl-y. "Whom the gods would destroy thev-first make mad,” of course—and Duther Rosser has secred many a brilliant victory in the past through the simple process of making the other fellow mad. And he can make Dorsey mad. too does, frequently’ tf 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 Dorsey isn't Hooper, and the is* as 5KS," some of his distress of mind and temper to the witness on the stand, th^ physehotogical condition Rosser L fighting, for has been set up. and if he doesn't make the most of it every time it happens, his hand w have lost its cunning and he will belie and contradict a lifetime I achievement at the bar. times, there is something grim- IV humorous about Rosser—as when, having' befuddled a witness and ex asperated him to the very verge of mwdness Mr. Rosser will say, with studied sarcasm and belittling om- n has is “Oh, well, well not quarrel about that!—well not quarrel, you an if that doesn't make the witness a thousand times.madder than ever before. 1 can not irtiag ne wh> . When it comes to handling a wit ness of the caliber of Sergeant Dobbs. Mr. Rosser does not perform any particular transformation in his mnkp-uD or his methods. He essays no 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 his .own bootstraps, unquestionably Mr. Ros- ser is tne man! No one in all the courtroom watches him so closely, and ap rv’-ently so analytically, as do.es the N? ndant's wife. Lucile Frank. •?V-ank watches him rather curious- w even quizzically; the eider Mrs ^j'. an k the defendant's mother—not JHite so closely—but the prisoner's *ife rarely takes her eyes off her husband's leading counsel And there is something amazingly « fascinating about Mr. Rosser. He is fascinating physically—of course his superb mental equipment is not debatable—much after . the same fashion that oW John L. Sulli van used to be. - a In his palmy days, one of old John Flashes ol Tragedy Pierce Legal Tilts at Frank Trial L.’s scowls often served « .-rare an adversary instantly into a doubt that a second scowl not infrequently evolved rapidly into despair. Old Jake Kilrain told me once in Washington city that he never was genuinely afraid but once in his life, and that was the first time his an cient enemy, John L. Sullivan, frowrfed ferociously upon him in the beginning of their first fight—and that he (Kilrain) never got over it- Both Center on Purpose. "If only, rn^e or twice he had smiled upon me and looked the least little, hit pleasa.nt, I might have licked him'' *aid white-haired old Jake Kilrain. “but he never did on^e —indeed. T never once saw Sullivan smile while firhtirg. in all the days I have known him!” And I mean it as a conjolinient to Luther 7.. Ro c ser when T credit him with that same ,*ort of terrible defl- nitehes* of purpose in trying a case. Mr- Rosser lets it be ‘•een. cau tiously and carefully at first that he j had a deadly inherit toward Lee. He made !♦ plain hv an adroit develop ment of miestlonipr. that he proposed showing, if ho could, more in Lee’s connection with this crime than the public latterly has Imagined to be possible. Eventually it dawned upon the thick-witted netrro there In the wit ness chair that Rosser was leading up, through all those puzzling and wor rying questions, to a fixed and steady mark, and Lee could be seen plainly to squirm and twist as he drew in evitably nearer and nearer the peril ous brink. Storv Virtual’^ Unshaken, He began to shift and back away from questions to ram plain of inac- curacv in the stenographic reports of the roror.er’c inquest, to evade and become :ndefinite. Evidently, at one time, the negro was growing sfraid. and he undertook to be as cunning and a« cautions as he might. And '-et. with all of that, he stood the ordeal pretty veil, and came through relatjvojv unhurt and c«r- t»irilv not seriously damaged I think his evidence as an isolated thing, amounts to little, anyway—but I think it went to the lurv fairly well unchal lenged at that! The firhttng so far in its fuller as pect. h^s beep cn plajnlv skirmish ing and jecke^'ing for position that maqv enpptqtnts must have wop-' dered often as I did, wbpt sort n f accounting that •*fher end far more Imnert^nl s«bie figure in the Frank trial. .Tim Conlev. might be exnee+pd to give of himself under the merci less fire of Rosser. It is about the n°gm Cen' ov that the battle • will rpach it£ zenith and the fi ’•hting will be the fiercest. After Conley has been disposed of. one wav or the other, the case against Frank will be either up or down, ac cording to the status of Conley when his remarkable story has been put to the ultimate t*»st. Will Corley/ Stand the Tesl? Will Conley be as nimble-wittfcd ap Lee was? r>lV-' Will he be able to withstand the onslaughts of Rosser and Arnold, even approximately as well as Newt stood them 0 Tf he does Ganiev thus far has held himself to gether pretty well. His examinations, however, have b^en altogether one sided. A very different story may be told after he has been un against the best legal talent the defense could secure. Newspapers have reported, front time to time, how Conlev was “grill ed" hv thus and so—never a party to the defense—and it has been related how well he “.stuck to his story” when, after three trials, he apparently suc ceeded in getting hold of a storv he could stick to overnight as a funda mental proposition; hut whether the word "grilled” should not reallv have been “drilled" never has been per fectly clear in my mind. Conlev ought to have his story well in hand by now. in anv 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 atorv. surely Rosser and Arnold will he able to locate the loose joints in it and when they do Conley should read n<* readjlv as anybody the big and sinister danger signal that there and then will loom significantly ahead of him. Rosser Shoots in Park. As for the examination of Newt Lee hv Mr Rosser, it inirressed me often as a mere shooting in the dark, hop ing to bit something. To mv mind there is nothing much to hep, save and excepting the one fact that he discovered the dead body of little Mary Phagan in the factory cellar. He 1s a genuine negro, w-ith all of a neero’s superstitious antipathy for a dead bodv. He went into the cellar on a perfectly natural and ordinary mis- "ion. and there he discovered the bo*” Just so soon as he satisfied hltns*»lf as to what it was he undoubted^ did »|f Hi vwore. "light a rag out of thar! ” Immediately he called the police, as he had been instructed to do by Frank, when he (Lee) first was em ployed as a* night watchman in the factory. That is all he knows about the 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 he sure, there .are bits of it that will ,serve to .account for any seeming un- mturalnev.v in the behavior of Prank just, prior to his departure from the factor” Saturday afternoon and later along in the evening. Rattle Has Just Bequn. 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 edy forever, has hardly yet begun. The fighting s»o far has been Inde cisive. and to neither side has fallen anv advantage worth reckoning upon. The State has sustained itself very well because It hasn’t lost anything— and about as much may be said for the defense. And not until Jim Conlev gets into the case will the really big guns be unlimbered. By 0, B. KEELER. Frank and Wife Perfect in Poise; Mother Pitiful Figure Arm akimbo, glasses firmly Bet, ■’hanging position seldom, Leo M. Frank sits through his trial with his thoughts tn Kamchatka, Terra del Fuego, or the Antipodes, no far as the spectators in the courtroom can judge. He may realize that if the twelve men he faces decide that he la 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. T-* all appearances, he is the de fendant In a civil suit on a contract of $100, and he has the money in his pocket to nay the judgment tf 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 la all 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 pool, calm as a champion about to go forth to assured victory. If any thing. his 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 tn prison have not affected him physically. His eyes are By L. F. WOODRUFF. extremely luminous. His olive skin 1 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 hi.** counsel. More often he gazes straight ahead—at nothing. He sits next to the massive Luther Roscer. 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 remarl ablv handvome woman. She shares the stoicism of her hus- b|j id 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 recesf'es, and Frank has been turned over to his deputy sheriff guardian, she has embraced and kissed him. But afterward whe 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 sits 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 in too apparent. His wife hardly stirs sympathy. She, too. Is apparently confident of victory. But there's the mother Hour after hour she s'its and listens to men try ing to send her firstborn trt the gal lows. Hour after hour she is thrilled by the skillful struggle that his coun sel makes to have the family name cleared of the stain brought by the charge that now rests against it. Mr?. Frank is a motharly-looking The trouble i«, 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 tn the midst of order. It is rather pon derous, made-to-order order. But it is order. Officials stalk about, walking on the balks of their feet, like pussy cats. But they do not purr. They request you to be seated. You must not stand up; you must ait down. Unfortunately, you must stand up to walk to a place to sit down. And that grieves the of ficials. They mop their faces. One in particular uses an entirely red bandana handkerchief—sometimes for for his face, sometimes to flag stand ing spectators, who must sit down. There is 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 that a rasping collar has been known to overbalance the diead presence of the King of Terrors. Honest persons have admitted t-his. And the grim por tent of the Frank trial produces no thrills while you are stepping on other people’s foet. Being seated, the first thing you do is to perspire gently. That of Use’.f Is not romantic. Also it interfere.' with the concert pitch. It is 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 you have seen many pictures of him. 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 witness. It is confusing. Mary Phagan’s sister is there. Rhp wears a black hat and an unaccus tomed veil. You look in vain for tributes to emotion. Fhe shows a mild interest in Mr. Rotwer’p pomp and circumstance of language. In stead of another thrill, you gain & hazy impression that Mr. Rosser 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 sensible 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 vas 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 pitch, even for the terrific romance of murder. Once in a while, 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 which took Eugene Aram out of Lynn, “with gyves upon his wrist.” But only in the flashes. Defense Plans Line of Qu woman. Her form is ample, and in her younger days was evidently a woman of striking appearance. She is typical of th» mother of her race— the revered head of the Hebrew fam ily. In this trial, though. 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 bark 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 *hree 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 near hers. When he looked for it, she divined his wish. She was on her feet -in a second. The glas** was in her hand. The water was poured out. In her trembling grasp it was passed to him. As he took it. his stoicism broke. He smiled his 4 acknowledgment of the litt’.e act of kindness, and there was a wealth of love in his 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 < s ever polluted the soil 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 wn innocent or guilty, the mother is the pitiful figure in this black an I baffling mystery. That a sensation Is to be sprung by the defense by the production of the mysteriously missing ribbon and flow ers from the hat of the murdered gin wns 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 I Mary left home. Newt Lee said that j he had seen no sign of the missing He is one of those whose pictures look j trimmings. The testimony of Ser- like them. You are quite certain w r ho 1 * PaI ? t was 'h* same. D**- 1 tective Starnes, when he was turned 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 opened, 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 grrotesquery Jars oddly. The thrill passes. There is Rube Arnold, objecting to something. It Is among the duties of counsel for the defense to be j 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- 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 effect*. 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. They appeared rather fagged when they were brought into the courtroom at 9 o'clock. First Witnesses Unimportant. Attorneys for the State have an nounced that the witnesses called Monday and Tuesday were only for the purpose of alarting the presenta tion of evidence against Leo Frank right from the opening incidents of the day that the murder was commit ted, and that they were important only in so far as they assisted in mak ing a continuous chain of evidence, nold’s duty at this moment is to s^eland as they made here and there that his learned brother does not get j »t*teme n ts which might be tnterpret- ' ed as damaging to the accused. Working on the foundation laid by before the jury from this witness any of his (the witness’) ideas as to ho*’ the defendant looked the morning aft er the tragedy at the pencil factory. Mr. Arnold Philosophizes. 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 is the most inscrutable thing In 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 w r atches 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. Dorsey has a querulous manner of asking questions Mr. Arnold’s Injured ob jections may explain that. The Pathos of a Dress. The testimony just now is not thrilling It has to do with a atair- 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 J dust and dirt of the pencil factory ' basement. * Just for a flash It’s all real. And Tuesday's testimony. Solicitor Dorsey was understood to he prepared Wed nesday and Thursday to ' introduce witnesses who would iwear that the red stains found in tw.o places on the second floor w-ere splotches of blood and not aniline or any other color ing stain; also that the bloody finger prints on the rear door of the base ment were the finger-prints of Leo M. Frank. City Detective J. X. 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 were fln- ger-prints easily distinguishable upon them. A finger-print expert was In the employ of Solicitor Dorsey for some time during the investigation of Sensation, eries Indicates the murder mystery and was named among the State’s witnesses. The red-stained ehips 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 Psd Evidence? Starnes was on the stand practical ly all of Tuesday afternoon. Whi’e the direct examination was In prog ress the detective told of his part In scouring the pencil factory for «vi- dence. One of his statements on which the State is relying to establish that F rank acted and talked in an Incrim inating manner the 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 Franrf 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 co establit-h 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' *esti- mony were: That he had discovered sialna re sembling blood in tw*o places on the second floor of the factory. That Frank acted nervous w’hen 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 tha day before. That Lee appeared composed when questioned Sunday* by the det#ctl<vea That he witnessed the new-night watchman in the pencil factory make a complete punch of the time clock covering a period of twelve ftoiirs in five minutes. nvr.\ Unaer Rosser’s erowi-examinatlon 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.«wer 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. SPECIAL REDUCTION For a few days you have an opportunity to get your eyes fitted with first-class glasses at lowest possible prices. 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