Atlanta Georgian. (Atlanta, Ga.) 1912-1939, July 31, 1913, Image 3
THE ATLANTA GEORGIAN ANT) NEWS,
3
TiLOF CRIMSON LEADS
INTEREST AT TRIAL CENTERS Or
si WO
ME
EN
Ollie Phagan,
sister of slain
girl, who is
attending
every session
By L. F. WOODRUFF.
The sun’s heat Is broiling. No man
can stand it without suffering. And
still men stand, not one man, but
scores of them, on a blistered pave
ment gazing on a red brick building
as unsightly as a gorgon’s head and
look at nothing by the hour.
They are led there by a trail of
crimson, and they are held there by
the carmine charm that—since Cain
committed his deed of fratricide—
has made murder the deed that the
law most severely punishes and has
made it the act that most interests
man.
Go to Pryor and Hunter streets.
Ton'll find a study there. Leo Frank
is being tried for the murder of
Mary Phagan in the courtroom in
a building on the northeast corner.
The trial Is progressing in a quiet,
orderly manner. Sheriff Mangum’s
force is attending to that. Few per
sons not vitally Interested in the
case are permitted in the courtroom.
Outsiders are not even allowed jn
the same side of the street that abuts
on the building housing Atlanta's
most famous criminal trial.
But these regulations fail to
dampen the interest Atlanta feels in
the case.
Dickens was never wrong in his
study of human frailties and human
emotions. Do you remember when
Mr. Pickwick was arrested for tres
passing and when asked as to his
Identity replied "cold punch?” Do
you remember when he was placed
in the pound the sage of Gad's Hill
told how the village populace gazed
at nothing through the cracks in the
fence of that inclosure?
Old Scene Re-enacted.
The same thing that Dickens wrote
of a half century ago is being re
enacted in Atlanta in this good year
of 1913. Hundreds of Atlantans are
figuratively looking through the
cracks of the pound fence and seeing
nothing.
They are standing on that sun
burnt pavement gazing on a building
just because in the four walls of thc.t
structure a man is fighting for his
life, just because a gallows threatens
& man accused of ending the life* of
a little girl they never saw, they
eever heard of, until her dead body
■was found, and the incarnadined mys
tery was added to the criminal his
tory of Georgia’s capital.
For hours they gaze. They can not
possibly learn more of the progress
of the trial there across the street
than they could at their homes or
their places of business. But there
they stand. The intimacy of the lo
cation with the tragedy enthralls
them.
When this crowd is viewed, the
strange fascination of the old Ro
mans for the arena in which men
died, the allurement of the present
day prize ring in which men suffer,
is not so strange. A peculiar kink
in nature has made man love to wit
ness the tribulation of his fellows.
Inside the courtroom the crowd is
different. Frank is there becayse sus
picion points to him as the slayer.
His wife is there, because it is the
wife’s place to be near her husband
in his supreme hour of trial. His
mother is there because mother love
demands that she be a protector, a
guardian, a consoler, when others are
trying to blacken his character, to
have him declared unfit to breathe
the air of free and honorable men.
Attorneys and Their Fight.
The attorneys are there to fight a
fight they think just. Hugh Dorsey
Is struggling to establish a record
that the county of Fulton will up
hold the law thou-i the offender oe
wealthy and as powerful as the
chieftain of the greatest trust. Luther
Rosser and Reub Arnold are there in
their panoply of Invincibility to main
tain their reputations as well as de
fend the man they declare innocent.
Mary Phagan’s mother and sister
are there because the call- of the
blood tells them that the death cf
the little 'actor- girl should be
avenged.
There are scores of spectators,
young lawyers, who wish to, witness
the struggle between those master
minds of their profession engaged <n
the case. Their Interest is as nat
ural as the interest of a stock bro
ker's clelfk In the personality of the
heir to the fortune of Morgan.
At a big round table Is seated a
group of coatless men working it
to~ speed, every .energy strained to
let the people of Atlanta know the
varying Issues of the battle.
None of these men is there by
choice. They would probably like to
be in some other place, where, thougn
dozens of electric fans are blowing
constantly, the heat Is as oppressive
as that of a Turkish bath steamroom.
But outside the railing, in the spec
tators' assigned seats, Is a crowd a*»
incongruous to the atmosphere as a
day laborer at a king'- levee. Every
possible class is represented.
There are business men of big in
terests. They sit through the hear
ing with their mouths agape, just
as the crowd on the pavement
stands. There are typical Cl ackers in
the throng. One man wearing the
badge of honor of a Confederate vet
eran has been in constant attendance
during the trial*
Mere Boys Hang on Every Word.
But the large portion of the audi
ence U young, pitifully young, too.
when the Issue and the result is con
sidered. Boys just in long trousers
have obtained admission in some way.
They are lustful for every word, every
deed. They are not seeking Informa
tion. They are attending the trial
The mother of
l Leo Frank,
who is at her
son’s side
constantly
cated—New School To Be
Completed in 1914.
Mrs. J. W.
Coleman,
mother of the
slain girl.
State Balloon Soars When Dorsey Cries ‘Plant’
as a result of the same Impulse that
leads them to spend their sparse
nickels for a Tecital of the deeds of
derring-do, of “Diamond Dick,” oi
“Old King Brady.’’
One man, hardly a man either^ for
his face was youthful, has been at
every session. He is palpably a drug
victim. His pallor stands out in
striking relief among the rather ro
bust countenances of the rest of the
audience. His hands twitch nervous
ly. His head frequently droops. His
physical being is demanding the drug
he craves. But his mental desire for
the thrill of the trial holds him more
firmly than the power of the opiate.
His interest in the case might be a
study for the most eminent neurolo
gists.
A common link holds all of these
people, those inside and those out. It
is the rope of hemp that hangs *8
a possible conclusion to this gripping
tragedy that has held a city three
months.
No man has ever been seen who
says that he enjoys witnessing a
hanging. No hanging has ever been
seen where there were not more peo
ple anxious to see the execution than
there was room in the death cell.
The sun on Pryor street may
scorch, but the awful charm of the
no^se and black cap makes the place
as pleasant as the veranda of a sea
shore hotel. The heat of the court
room may sear the very being of the
spectators, but the fascination of the
death watch keeps them as firmly
fastened in their seats as though
there weTe bars of iron about the
chairs.
It’s a morbid thought, but it’s a
morbid crowd. Those interested in
Frank listen to the case in the hope
of developments that will free him of
the ordeal of mounting the stairs of
steel. Those who wish his conviction
are there to see a web of circum
stance weaved around him that leads
only to that awful end.
3 Weather Officials,
Moore’s Aides, Out
WASHINGTON, July 31.—Secretary
of Agriculture Houston to-day an
nounced the dismissal of Daniel J.
Carroll, chief clerk. Executive Assist
ant Henry L. Heiskell, professor of
meteorology at the Washington office
of the weather bureau, and Roswltte
E. Pollock, section director of the
weather bureau at Trenton, N. J.,
because they had failed to respond
to charges of misuse of Government
time and funds in the promotion of
the candidacy of Willis L. Moore, de
posed chief of the weather bureau,
who wanted to be Secretary of Agri
culture.
White Man Held in
Dublin Slaying Case
DUBLIN, July 31.—Robert William
son, white, was arrested here to-day
charged w ith the murder of Mr. and
Mrs. J. T. Hewell, an aged couple
who were killed at their home here
several weeks ago.
Williamson is said to have had a
disagreement with Hewell a short
time before the killing and has been
suspected some time, but no arrest
was made until to-day. Four negroes
are under arrest for the same offense.
The Grand Jury is investigating the
matter to-day.
ENGLISHHIGHTO
HE 10 CREW ST.
Episcopal Property Ordered Va-
The English Commercial High
School on August 1 will vacate the
property of the Episcopal Diocese on
Washington street and occupy the
old Crew street schoolhouse pending
the construction of a new $75,000
structure in 1914.
This is the decision of the Board
of Education following the report of
the committee composed of Walter
R. Daley, W. M. Slaton, L. M. Land
rum, Dan Green and Marcellus An
derson.
“It will mean a saving of $10,000
in five years if the new school Is not
completed at that time,” said Presi
dent Daley. “The change will also
mean that the board will be able to
take care of all the students enrolled
this fall.”
Under the old lease of the Episco
pal Diocese building, which expires
Friday, the board agreed with Bishop
Nelson to pay a rental of $125 per
month. Several months ago Super
intendent Slaton informed the Board
of Education that there would be an
increase of 75 students next year,
which would bring the attendance up
to 200 instead of 126.
To provide for this increase it was
thought that the church property
could be enlarged or an annex erect
ed. The board was, however, notified
that if the property was enlarged the
rent would be increased to $140 in
stead of $125 per month.
In making an estimate, Construc
tion Superintendent Winburn stated
that an annex to the building would
cost at least $900 and that the Crew
street building could be renovated and
made serviceable for $1,500.
Increased rental and improvements
estimated for five years on the church
property total $9,800. This building
contained five rooms, whereas the
Crew street building has eight. After
hearing the report of the committee
it was unanimously decided not to re
new' the lease with the Episcopal
Diocese.
Superintendent Slaton ordered the
desks and property moved from the
church building Thursday morning.
TIFT MILL TO RESUME.
TIFTON.—'The sawmill of H. H.
Tift, located here, will resume opera
tions next Monday. The mill was
shut down several weeks ago on ac
count of the condition of the lumber
market, but an order has been re
ceived for more than 1,000,000 feet of
lumber.
TAKE POSTOFFICE TEST.
TIFTON.—Three aspirants entered
for the examination held in Tifton this
week to fill the postmastership of the
Alapaha postoffice. They are L. J.
Austin. J. P. Griffin and J. LL Pait.
By JAMES B. NEVIN.
Poor John Black!
With the unwitting assistance of
the Solicitor General and the assist
ance of Luther Rosser, he furnished
all the “punch” there was in Wed
nesday’s story of the Frank trial.
Black evidently was undertaking
to tell the truth, and was unwilling
to tell more or less than the truth,
but that didn’t help matters much,
so far as the State was concerned.
When Solicitor Dorsey exclaimed
“plant!”—which means nothing more
than “faked” or "framed up” evi
dence for the benefit of the defense—
1 glanced rapidly at Rosser.
I saw precisely what I expected to
see—a momentary flicker of a smile
about the lips and eyes of the man,
an almost Immediate tightening of
the lips and narrowing of the eye*,
and then a quick return of the habit
ual ferocious frown.
I knew Dorsey had put his foot
in It—put it right in, away up over
the ankle, and I also knew that get
ting that foot back to solid ground
again was going to be an undertak
ing pregnant with extreme difficulty
and danger.
State Balloon Goes Up.
The Solicitor was fretted when he
exclaimed “plant”—thereby accusing
the defense of rankly unfair and un
pardonable methods of establishing
Frank's innocence.
And right then and there, up went
the state’s balloon, and It hasn’t come
down yet!
If there Is one thing In all this
world Luther Rosser loves better than
anything else he knows of, it is an
adversary in the courtroom who hol
lers “plant,” and things like that—
particularly when said adversary Is
mad!
When Mr. Dorsey on Wednesday,
In a moment of forgetfulness and
vexation, exclaimed “plant,” it was
meat and bread and pie and cakes
and beer and skittle* to Luther Ros
ser!
Right then, I would much have pre
ferred being a high private In the
ranks of the Bulgarian army than
John Black!
The Solicitor handed Mr. Rosser
the very club Mr. Rosser was lay
ing for, and wherewith the said Mr.
Rosser proceeded to pound poor, un
offending John Black to smithereens!
In no conceivable way did Black’s
responses justify the Solicitor's pas
sionate outbursts.
Witness Goes Far Adrift.
On the contrary, it served to con
fuse and befuddle the witness, to send
him far at sea.
After that he contradicted himself,
failed to remember, became hazy and
evidently worried and distressed.
He had been shot mortally from an
unexpected quarter, and he soon real
ized that Luther Z. Rosser was de
termined to finish the job—and finish
it he did!
As for the rest of the day and the
beginning of this day—
Court officials have settled them
selves down in full expectation of a
long siege in the Frank trial.
So far, the progress of the case has
been, in the main, commonplace In
the extreme, and bewildering only
w'hen spectators have considered the
thousand and one questions asked,
and the always inevitable interposi
tion of objections.
The thing the average person in
the audience does not understand,
however, is that in all that seem
ingly interminable objecting and
wrangling there is, at least upon the
part of the defense, a far-reaching
purpose the mere mention of w'hich
will serve to illustrate its importance.
Effect of One Little Error.
In murder cases the defense has the
right. In the event the battle goes
against It, to move for a new trial
upon assignment of judicial error in
the first trial. If a new trial be re
fused by the trial judge, the defense
may appeal to the highest court cf
review in the State, and If that court
finds error to have been committed on
the trial of the case, it will remand
the entire proceeding back to the
court of original jurisdiction for cor
rection of the error, which means, of
course, for another trial.
Then the case will begin all over
again, exactly as if it never had been
tried at all.
The State, on the other hand, has
no such right as that—if It loses its
case in the first instance, it loses :t
for all time. Frank, save of his own
motion, never can be tried a second
time for the killing of little Mary
Phagan.
The more rulings the defense, there
fore, calls upon the trial judge to
make the more chances there are th'at
error may creep In—and one little as
signment of error sustained by the
court of review w'ould serve to re
verse the entire judgment, and send
the case back for another trial.
State Must Grin and Bear.
In insisting that the case be held
strictly within the legal rules, which
a trial judge never can be absolutely
sure of doing, the defense throw's an
anchor to windward in case of defeat
and the State can do nothing but
grin grimly, and bear It.
The big battle Wednesday to get
the diagram of the pencil factory,
containing as it did a red-lined Indi
cation of the State's theory of the
crime, before the Jury had, as will
readily be seen, a tremendous signifi
cance—and although Judge Roan ’et
It go In, it went In over the bitter and
carefully recorded protest of the de
fense, and in case Frank should lose
his fight now, the admission of that
diagram doubtless will be assigned as
error on original trial.
The State, of course, can not take
advantage of its own errors, but Dor
sey can hope to obtain nothing more
than present advantage by combat
ing them—hence the defense may cut
in in all sorts of directions, with the
burden of proof on the State and the
presumption of innocence always with
ihe defendant at bar, and the State
may whistle for consolation.
It makes the trial rather uphill pull
ing for the State, therefore, however
much one may think It otherwise.
If Dorsey wins a point, it may avail
him something on the present trial,
but it will get him nothing eventually,
in case he is forced to go to the high
er court. The Solicitor hag one long,
straight shot for victory—and no
more.
The defense, on the contrary, is not
nearly w'hipped if it loses its present
fight.
Defense Seems to Have Shade.
If there has been any advantage
gained by either side thus far, it has
been gained, I should say, by the de
fense.
Nothing necessarily damaging has
yet been set up against Frank. In
deed, much of the evidence drawn out
seems almost childish in its mean
inglessness.
Rogers teqftifled that Frank wa3
“nervous” when he (Rogers) saw him
Sunday morning, April 27, and that
he continued “nervous” for some time
thereafter—although Rogers never
saw' him before, and had no w r ay of
comparing hia conduct then with his
general conduct.
But if Frank was “nervous,” do?s
the State seek to establish the pre
sumption against him therefore that
his “taervousness” was occasioned by
the thought of little Mary Phagan’s
dead body there In the cellar, and
Frank responsible for It?
Maybe so—but then—
Rogers sw’ore almost In the same
breath that Frank, looking up the
record of Mary Phagan after the par
ty reached the factory, deliberately
set the combination on the office safe,
opened it the very first time, without
excitement or unusual circumstances
of any sort.
Does the State intend to establish
the presumption here that Frank, not
withstanding the weight of guilt’upon
his aoul, was diabolically cool and de
liberate in his movements, as indi
cated by the safe incident?
What la State's Purpose?
Why not that presumption as ra
tionally as the other?
Which thing docs the State Intend
the jury shall believe from Rogers’—
its own witness—testimony?
Fiddlesticks! W’hat IS the State
driving at, anyway?
Maybe we shall find out eventually!
Again, when Grace Hix was placed
on the stand—and she was the State s
witness, remember—she testified on
cross-examination that Frank had
only spoken to her three or four times
during her five years’ service in the
pencil factory; that he talked to the
girl employees very seldom, and that
she had never known him to address
Mary Phagan at all.
This very pretty young girl an
swered the questions given her in a
straightforward way—evidently she
w*as seeking to speak only the truth.
So, too, Rogers had the appearance
of sincerity—and w'hat he saM, wheth
er significant or of small importance,
apparently concerned him not at all.
Therefore since the State seeming
ly made to little of either of these
witnesses, although they were offered
as the State's witnesses and not the
defense's, prompts me to say that the
advantage falling to either side be
cause of their introduction fell, really,
to the defense.
What Has State Shown?
What, frankly, has the State estab
lished thus far?
That Mary Phagan 1h dead; that
she probably was murdered; that the
place of the murder was Fulton
County, and the date of it April 26.
As a matter of fact, noth^pg much
has been developed that has not been
public property for weeks—some of it
for months.
There is a feeling, growing more
fixed every day, I think, that the State,
if it hopes to win. must set up some
thing more than it has yet made pub
lic!
If the State has some big cards up
its sleeve. If It is prepared to surprif*
the defense, and many people think it
has the first and will do the second,
then the case yet is in its infancy and
the real charge against Frank still is
to be made out.
If the State has* no unrevealed evi
dence and is NOT prepared to strike
the defend heavy and unanticipated
blows, it is but the simple and honest
truth to say here and now that the
feeling, vague and elusive enough, but
unmistakably there, that acquittal
eventually will come to Frank and
will steadily grow and develop as the
days run by and the monotonous trial
proceeds.
In ehort. the impression is deepen
ing daily that the State’s case Is fated
to one of two things—either startling
and complete victory or utter and
complete collapse!
There likely will be no compromise
—Frank either will go free and ad
mittedly Innocent, or he will be con
victed and forever thereafter damned
beyond hope of recovery.
Frank Hooper, calm, collected, re
pressed and unemotional, seems very
sure of the State’s case, and expresses
hlmeelf accordingly. He hints of
startling things to come, and cer
tainly he Is capable and of approved
record in the matter of prosecuting
crime.
Collapse of Testimony of
Black Great Aid to Defense
Although the State’s witnesses
were on the stand ali of Wednesday
the day was distinctly favorable for
Frank, partly because nothing dis
tinctly unfavorable was developed
against him—the burden of proof
being upon the State—but most
largely because of two other factors,
the utter collapse of the testimony of
one of the State's star witnesses, City
Detective John Black, and the testi
mony in favor of Frank that was
given by another of the State’s wit
nesses, Miss Grace Hix, & 16-year-
old factory employee.
Girl Helps Frank.
Miss Hix testified that the strands
of hair found on the lathing machine
on the second floor might have been
the hair of one of the other girls in
the factory, many of whom when they
were ready to leave the factory at
night, combed their hair right where
they had been working. She said that
Magnolia Kennedy’s hair was almost
exactly the color of Mary Phagan’s.
She also said that the red spots on
the second floor might be paint. She
never saw Frank attempt any famil
iarities with the girls.
Black was made the uncomfortable
victim of the fiercest grilling any cf
the witnesses in the Frank trial have
received up to this time.
Luther Rosser, chief of counsel for
Frank, tore Into Black the Instant the
city detective was turned over to him
for cross-examination.
Black Bewildered.
Within the space of 30 seconds the
attorney had Black unmistakably be
wildered, althougn the detective tried
his best to stick to the details of the
story he had Just narrated under So
licitor Dorsey’s questioning.
In another 30 seconds Rosser con
tinued his bulldog tactics and had
Black practically admitting that he
had told an untruth under oath, and
that although a moment before he
had sworn that he had seen Rosser at
the police station between 8 and 8:30
o’clock the Monday morning q/ter th*
crime, he now w-as not sure that it
was not 10 or 10:30.
Rosser, seeking to discredit Black’s
previous testimony and his memory,
drove Black to admit that he could
not remember any of J.he details of
Frank’s attire the morning that Black
visited the Frank home, and that oe
was not sure at all that Frank could
not have seen the face of the Phagan
girl when he visited the morgue Sun
day morning.
Shaky Testimony.
Black swore when Dorsey was ques
tioning him that Frank put on his
collar, tie and coat on the first floor
of his home, but when Rosser got
hold of him he was just as willing to
admit that it might have been in the
cellar or on the roof, and the remain
der of his testimony became shaky
to the same extent.
Taking up a number of the details
of Black’s testimony on direct exam
ination. Rosser made the perspiring
detective admit that he was not cer
tain of a single one of them. None
too fluent and assured under the
friendly interrogation of I the Solici
tor General, Black instafcly became
halting and "confused when Rosser let
loose wdth his fire of disconcerting
questions.
The detective's features flushed
crimson. He mopped his face which
was running with perspiration. Then
he held his handkerchief up by two
of its comers to dry in the breeze
from an electric fan. Before he could
accomplish this, it must be applied
again to his liquid features.
He tripped and stumbled over hit
answers. He became hopelessly mud
dled as to time<? and conversations. He
was groping, but his memory turned
traitor.
The ‘‘PIant* Story. *
The climax came when' Solicitor
Dorsey came out with his declaration
that the bloody shirt found at Newl
Leo’s home was a “plant,” and that it
was inspired by Frank or persons in
terested in Frank. He said that he
intended to show that Black had gone
to Lee’s home to make a search only
after Frank had informed him that
several puncher were missing from
the time tape taken out of the regis
ter clock, and that Lee would have
had time to go home between punches.
The Solicitor added that he proposed
to show that the only interpretation
of Herbert Haas’ demand for a search
of Frank's house was in order to open
up the way for a search of Lee’s house
by the detectives.
It took only a few moments to
demonstrate that the Solicitor was
leaning on a broken reed. Black
already had passed through the ordeal
of more than an hour’s grilling by
Rosser and Dorsey had him in the
redirect. Black gave only a half
hearted and half-certain assent to
Dorsey’s inquiry if these circum
stances did not transpire before the
search of Lee’s house.
But when Rosser charged at him
again even this fragment of memory
and assurance had departed from
him.
“Don’t you know, Black, that, as
a matter of fact, that shirt w*&s found
before Frank ever said anything to
you about the misses in that time
tape?” Rosser bellowed at the red-
faced, wilting detective.
Waited Six Minutes.
Black opened his mouth, but no
answer came forth.
“Don’t you know It?” persisted the
lawyer.
Still no answer.
Rosser drew' his watch from his*
pocket and held it on the witness. Six
minutes passed and the silence con
tinued. Judge Roan started Jo speak
“Give him time to answA your
honor,” interrupted Rosser 'tally,
still holding the watch.
”1 don’t remember.” finally ckne
from the lips of the witness*.
A moment later Black gave up.
“I’m all crossed up.” he said. ‘T
don’t know where I’m at.”
Rosser laughed.
“Come down,” he said.
“Come down.” echoed the Solicitor.
J. M. Gantt, discharged employee of
the pencil factory, followed Black on
the stand. Gantt's most Important
pi<ece of testimony was that Frank,
contrary to the representations he
made the morning after the murder,
knew Mary Phagan by name.
He knew' this, he said, because one
day when he had been talking with
the Phagan girl Frank said to him:
“You seem to know' Mary pretty well,
Gantt.”
Rosser brought out in his cross-ex
amination of Gantt that the young
man had failed to tell of this alleged
incident w'hen he was before the
Coroner’s Jury when he was asked it
Frank knew the girl,