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THE ATLANTA GEUKGIAN AND NEWS.
DEFENSE NOT HELPED BY
ENTRAPPING THE STATE
DORSEY UNAFRAID AS
HE FACES CHAMPIONS
OF THE ATLANTA BAR
By JAMES B. NEVIN.
Ha* the State succeeded in
thoroughly establishing the fact that
little Mary Phagan’s tragic death was
effected on the second floor of the
National Pencil Factory, in Forsyth
street?
It has not, of course—but it has set
up by competent evidence a number
of suspicious circumstances, v hich,
if properly sustained later along, will
prove damaging in the extreme to
Leo Frank.
Unless these circumstances, trivial
in some aspects, are braced up and
backed up, however, by other much
stronger circumstances, they will give
the jury, in all probability, little con
cern in arriving at a verdict.
Thursday was not a sensationally
good day for the State, although it
was much better than the day be
fore.
Twice Thursday the Solicitor Gen
eral claimed that he had been “en
trapped" by witnesses—and this,
with the lamentable fall down of
John Black the day before—served
to give rise in the minds of some
spectators to a faint suspicion that
the State didn’t have its case very
well in hand.
No Help to Defense.
There is something terribly sig
nificant and actually sinister in that
little word “entrapped,” however,
when hurled at a witness in the pres
ence of a jury, and it would be a mis
take to believe that“U witness, ac
tually convicted, even in the mere
opinion of the jury, of having delib
erately misled the prosecution there
by helps the defense.
The witness wv\^ entraps, or who is
thrown under suspicion of having
entrapped, frequently does th e party
he seems primarily to have hurt a
wonderful amount of gqod. »
I believe, for instance, that Witness
E. F. Holloway was speaking the
truth when, on oath, he reversed his
former affidavit to the Solicitor, and
said that he left the elevator un
locked on Saturday, whe.eas he be
fore had sworn that he locked it Fri
day and did not unlock it Saturday
—the last inferentially, at least.
This point will mean a good deal
later, when it is reached in develop
ing the defense’s cane, and if Hollo
way’s last story, apparently satisfac-
tori-j explained, holds together, well
and good—but who can tell what the
jury thinks about that contradiction
upon the part of Holloway, particu
larly when he has been so deliber
ately accused by the Solicitor of en
trapping him?
Holloway is an employee of the
pencil factory—was before and has
been since the murder. If the Jury
gathers the impression that he has
been tampered with since his first
statement, and by friends of Frank,
to clear up seemingly damaging cir
cumstances against Frank, it likely
will be an aggravating thing, when
the jury comes to make up its find
ings.
, Will Hurt Frank’s Case.
Just as I thought, and still think,
that Dorsey made a tactical mistake
—for which he paid the full price,
moreover—when on Wednesday he
exclaimed “plant,” thereby accusing
th e defense of unfair and grossly in
decent methods of bolstering up its
cause, so I think the constant sug
gestion of witnesses changed in opin
ion and testimony, and in favor of
Frank, will hurt Frank’s case, rather
than help it, if sustained.
Mr. Dorsey failed utterly to bolster
up his charge of “planted” evidence,
but he didn’t fail, in anything like
the same degree, to say the least of
it, in attacking Holloway.
Or, anyway, there is a grave prob
ability that he didn’t fail in the minds
of the jury.
In short, my idea is this, as it has
been all along: The public, and pre
sumably even more the jury, will re
sent anything that savors of unfair
methods employed either by the State
or the defense.
Steadily, though slowly, the defense
seems to be pulling away from the
prosecution in the Frank trial, and
the impression apparently is gaining
ground gradually that the State like
ly is fighting a losing battle.
All of this may be changed in a
moment—one witness on behalf of the
State may serve to win back all the
ground it may have lost.
Nothing More Uncertain Than Verdict
And, of all things, there is nothing
to speculate upon quite so uncertain
as the verdict a jury will hand in.
The Jury is sitting there, its atten
tion confined to the development of
the evidence. It reads no newspa
pers; it converses with no outsiders.
It can not get up, run across the'
street and swap ideas with somebody
in the corner drug store.
It took charge of the case, under
its deliberately assumed oath that it
vas “perfectly impartial between the
State and the accused,” and it is see
ing things in its own way—and that
way may not be the way outsiders are
seeing it.
So far, however, the State’s wit
nesses alone have been introduced.
Whatever advantage the defense has
gained of them has come in two wa>s
—either in their failure to testify di
rectly to the &tau'a benefit or tfirouga
circumstances and admissions brought
out in favor of the defense, under the
merciless cross-examination of Lu
ther Rosser.
It is a good deal to say, neverthe
less, that at this stage of the trial the
defense apparentlv has scored heav
iest, for such noint* as it has won
necessarily have been wrung from the
State’s own witnesses, and not the
witnesses of the defense. In other
words, wherever the State fails to
score, the defense scores.
How Points Have Been Scored.
If the defense made little, if any
thing, of Lee. it lost little, if anything,
because of him.
It almost, if not quite, broke even
on Rogers—and it most certainly
scored tremendously on Black.
Scott, if damaging in a way, was
also helpful in a way, in that he prac
tically admitted suspicion of the ne
gro Conley quite as strong as sus
picion of Frank.
Monteen Stover swore that Frank
was not in his office for, at least, a
period of some five minutes, imme
diately after 12 o’clock on the day
of the murder; at least, If he
was, he was where she could not or
did not see him. Grace Hix undoubt
edly helped Frank. Dr. Smith helped
the State.
R. P. Barrett swore he found a piece
of a pay envelope under Mary Pha-
gan’s machine three or four days after
the murder, and that he found bloou
spots near the dressing room door
three or four days after the murder.
Mell Stanford swore that the spots
near the dressing room were not there
Friday, and were there Monday, but
he could not swear the spots were
blood. Holloway helped the defense,
probably.
There is nothing new in most of
this testimony, however, save that of
Barrett concerning the piece of en
velope, and the defense presumably
is ready, therefore, to meet it.
State Faces Hard Task.
The mere finding of a piece of pay
envelope somewhere even near Mary
Phagan’s machine, is not, of its*K
highly important; but it might serve
as a link in an otherwise strong
chain forged to connect Frank di
rectly with the killing.
But if the K-tate has succeeded if'
setting forth the fact that Frank may
possibly have committed the crime, i;
yet has a long road to travel before it
proves “beyond a reasonable doubt”
that he DID do it.
Indeed, . Frank’s attorneys have
never combated the idea that he way
in the factory at a moment when tl
killing of Mary Phagan MIGHT have
been effected—and beyond that fa.-t
the State has been unable to proceed
very far to date.
It must be remembered, too, that
while th4 State now is engaged in
weaving a web. real or imaginary,
about Frank, the defense expects ro
weave a much more terrible and sub
stantial web about Conley.
But even at that, mere suspicion
alone will serve to convict neither.
Much Depends on Conley.
After all is said and done, and it
generally gets back to this, the pre
liminary chain of circumstances
against Frank likely will hold to
gether tightly or fall apart hopeless
ly, according to the fate of James
Conley on the witness stand.
If Conley stands the test of ex
haustive cross-examination, then the
circumstances leading up to and away
from Conley’s connection with the
case will stand or fall.
He is, and has been, at all times
both the hope and the despair of the
State, no less tl^n the hope and de*
spair of the defense.
He is the star witness about whom
the entire Frank case revolves, about
whom it has revolved for weeks, and
about whom it must revolve to Its
end.
Of course, there ever is the chance
that the State has something sensa
tional, new and significant up its
sleeve—and there is the remoter
chance that the defense has some big
surprises in store.
As the fifth day of the trial drags
on, however, the impression has deep
ened almost into a conviction in the
mind of the public that neither the
State nor the defense has much to let
out that already hasn’t been let out, in
whole or In substantial parts.
Spirit of Fairness Everywhere.
And the public is waiting for (’on-
ley’s evidence before making up its
mind.
More and more I notice in the cas
ual comment of people about town a
spirit of fairness and an inclination
to await the full developments of both
ti?e State and the defense.
The public largely still is open-
mind xi. It is “from Missouri”—and,
after all, that is the way ihe public
mind should be in this matier. for it
is a very grave matter, and its Aral
effect will be far-reaching and full oi
significance, no matter which way the
verdict comes finally.
There is one point that Undertaker
Gheesling Cleared up, on oath, and the
public should take careful note of it.
He swore that Mary Phagan’s body
was NOT mutilated in the way stre *t
rumor and gossip had it mutilated,
just after the crime was committ ed
That ugly story undoubtedly was
accountable for some of the primary
prejudice against Frank—but it v.as
an untrue rumor, and in all fairness,j
now that it has been exploded, It I
should be borne m mind, i
the committee did not take any ac
tion on the bill. Mr. Slade declared
he has small hopes of the passage of
his bill, but seeks to effect a com
promise with the bill Introduced in
the Senate by Senator McGregor,
which curtails the powers of the mil
itary.
It Is probable that the committee
will not report on the Slade bill until
next week.
Slade’s Interpretation of Consti
tution’s “Good Character” To
Be Recommended to House.
The disfranchisement bill of Rep
resentative Slade of Muscogee, which
its author says is an interpretation
of the “good character” clause in tho
State Constitution, will be favorably
recommeryied by the House Commit
tee on Constitutional Am«idments at
Friday's session nf the House. The
vote was unanimous in favor of so re
porting the bill at the committee
meeting Thursday afternoon.
Mr Slade’s bill interprets the goal
character clause to mean that "no
man. white or black, whom a virtu
ous woman will not trust in a place
of seclusion without fear of physical
assault, shall be allowed to vote."
The right to strike off names of
voters is vested in the ordinaries of
the counties. If a voter objects, wom
en shall not be called in, but the
question shat’ be decided by men who
are faini iar with the voter's life and
habits.
Mr. Slade declared that the bill s
not directed against white men, but
by Its passage he hopes to disfran
chise every negro in the State.
"1 have been trying to get this bill
through for the past two or three
years, and am very hopeful that the
members of this Legislature'may see
fit to pass it at the present session,”
Mr. Slade said.
Funeral Designs and Flower*
FOR ACL OCCASIONS,
Atlanta Floral Company,
455 EAST FAIR STREET.
Declares Negligence of Civil Of
ficials Is All That Makes State
Troops Necessary.
Blacksmith Gives a
Social in His Shop
CHICAGO, Aug. 1.—The custom of us
ing the churches and school houses of a
community as social centers was upset
in Oak Purk, a suburb, when M. M. Mc
Mahon, a blacksmith, held an ice cream
social where the guests sat among piles
of horseshoes and the decora oiteswn
Declaring that if the civil officers
of the State could be made to do their
duty, there would be no need of the
military, Adjutant General Van Holt
Nash, before the House Committee ;
on Military Affairs Thursday after- I
noon, protested against the passage :
of the military bill offered by Rep- I
resentative Blade, of Muscogee.
The bill repeals t*he military act
of 1912 and re-enacts the law of 1910,
making the militia subservient to the
civil authorities.
"The militia is entitled to some
consideration,” declared General
Nash. “We offer our lives to the
State with practically no remunera
tion, and are sworn to uphold the j
honor of the State and its laws. The 1
only reason there is any need for the |
militia is because the civil officers
do. not do their duty. If you will i
make the civil authorities perform j
their work, there will be no necessity I
for calling out th e militia.
Says Present Laws Protect Them.
"The present law should stand. It
protects us from being overridden
by the civil authorities, and prevents
us from being made the scapegoats
of incompetent civil officers."
Mr. Slade declared the present
military law is unconstitutional be
cause it means the suspension of the
writ of habeas corpus. He likened
conditions that arose in Augusta last
year, under military rule, to the Re
construction period, when “blood
flowed as freely as water.”
Representative Ennis, of Baldwin
County, spoke against the bill. He
declared if the State were under mil
itary rule there would be fewer law
breakers.
Because of the absence of a quorum
of horseshoes, and the decorations were
tongs, hammers and bellows.
A lecturer from Chicago gave a talk*
on the “Rocky Mountains," after Mc
Mahon called the folks to i order by
pounding on the anvil.
Textile Industry in
Spain Hit by^Strike
Special Cable to The Geonglan.
MADRID. Aug. 1.—The textile in
dustry in Spain Is practically at a
standstill today. Tweaity thousand
men are on strike for higher wages
and better working cctnditions, and
195 factories have been closed.
The strike is spreading hourly, the
workers at Sabadell, Tarrasa and
Villa Nueva joining the. men whp are
out. Troops are being brushed to the
strike zone.
DR. WHITLAW
73 1-2 Whitehall St
Painless Dentist
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Lady attendant and ladies' rest room.
Crown and Bridge Work $3,
54, $5
r^aANCHORfl
llfSDeNT URtH
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SET
My Gold Dust Roofless Rubber Pfcite will not slip or drop. Guar
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Fillings In Gold, Bllvsr, Platinum and Porcelain, 60c and $1.
FHOWE MAIN 1298
OPEN PROM 8 TO 8. SUNDAYS, 10 TO 3
TERMS TO SUIT
Largest and most thoroughly equipped Sanitary office In
South.
Entrance, 73 1-2 Whitehall St., opposite Vaudette Theater, fourth
door from J. M. High, over A. & P. Tea Store. j
the
Muse Clothes, Shoes and Furnishings
at Reduced Prices During August
This being the time appointed for MUSE reductions, we’re presenting to you in ac
cordance with our regular midsummer plan—the best that we have at reduced prices.
And we believe that MUSE best is the best to be had in Men’s Wear.
A detailed list may be found in the morning paper. These are the condensed figures:
Boys' Spring and Summer Wool Suits
Hugh M.
Dorsey,
Solicitor and
prosecutor of
Leo M. Frank.
Up Against a Hard Proposition Youthful Solic
itor Is Fighting Valiaiftly to Win Case.
By L. F. WOODRUFF.
Reductions on Men's Suits
Black, Blue and Fancy 2 and 3-piece Suits.
Suits priced regularly at $15 to $40—now $11.25 to $30.00.
(Palm Beach Suits excepted.)
Odd Trousers
iucluding white flannel
and striped serges
54 Off
Georgia’s law’s most supreme pen
alty faces Leo Frank.
A reputation that they can not be
beaten muvt be sustained by Luther
Rosser and Reuben Arnold.
Atlanta’s detective department’s fu
ture is swaying on the issue of the
Frank trial.
But there is a man with probably
as much at stake as any of the hun
dreds who crowd Judge Roan’' 1 court
room. with the exception of Frank,
nr.d he is accepting th ordeal, though
he realizes it. as calmly as a person
who has nothing more serious to de
cide than whether he will order his
steak rare or well done at breakfast
time.
Hugh Dorsey is hereby Introduced.
He is known pretty well in Atlanta
without Introduction, but ns chair
men on political meetings Insists on
telling the audience that the Presi
dent of the United States is about to
speak or that the Secretary of State if
endeavoring to earn an additional
amount to his yearly $12,000, Mr. Dor
sey can be placed before the public
without fear of violating precedent.
Consider Hugh Dorsey.
Consider Dorsey’s job. His posi
tion as public prosecutor places on
him the duty of sending someone to
the gallows and this time it is Leo M
Prank, against whom he must direct
his efforts.
The proposition of convicting a man
is as common in the life of a Solicitor
as paying his car fare home. But
here’s a different proposition. Doisev
is confronted with the task of getting
a conviction over the efforts of Luther
Rosser and Rueben Arnold to obtair
an acquittal.
And anyone who knows Atlania.
who knows Fulton County, who
knows Rosser, who knows Arnold,
realizes that this is a task from .which
Hercules might sidestep, a labor that
is more tremendous than the building
of the Panama Canal or the success
ful storming of 'the fortress of Gi
braltar.
And still Dorsey has gone Into the
fight unafraid; not only that, he is
aggressive.
Atlanta’s record for big crime tri. Is
has not been altogether healthy in
tlv> past twelve months. In that time
Dorsey has prosecuted Mrs. Daisy
Grace’ on ’a charge of attempting to
slay her hus’band. Atlanta was in
tensely interested in this issue. Mrs.
Grace was acquitted. Dorsey lost.
He prosecuted Callle Scott Apple-
baum on a charge of endin" the life
of h*r husband. Again the public was
deeplv interested. Again Dorsey lost.
And then came the Phagan killing.
Atlanta, Georgia and the South d» -
mand« d that her slayer oe brought
before the bar of justice and be given
law's severest penalty.
Frank was fixed upon by the police
as the man.|
Tfiu grand jury indicted him. and
Dorsey staked his all on his convi
tion.
Luther Rosser had been retained *«•
Frank’s chief counsel.
Dorsey smiled.
Again there was a flash. Reuben
Arnold had been added to the list of
legal array to clear the name of th©
superintendent of the National Pen
cil Factory of the charge that the
had taken the life of a little erirl.
Reputation is a big thing. No prize
fighter faces a champion without
doubts as to his ability to cope with
him. The greatest financial genius
probably trembled in hie boots when
he first met the foremost captain of
industry. V violin virtuoso bows be
fore Kubelik. There is r.o pianist who
would approach Paderewski without
a sensation of awe.
And here in Atlanta, Arnold and
Rosser are champions. They are
Kubeliks, they are Paderewskis.
Hugh Dorsey hadn’t quailed.
Desperately in Earnest.
Thrcughout the trial he has been
desperately earnest. He realizes the
work that is before him. If he has
any enemies, they will admit that he
has handled his case well.
The Solicitor General is a great
deal younger than his opponents. His
hair in tinged with gray, and thc.c
will probably be more of those strands
there before he is through with his
clashes with the dynamic Rosser and
tho erudite Arnold.
He is taking the case with intense
seriousness. So far. Ross«er’s effort:-
to rattle him by calling him "Hugh."
“my young friend." “son” and “bud”
have been unavailing.
The practical collapse of his de
tective testimony was enough to stun
any man. but Dorsev stuck it out
gamely. There is plenty of fight Hill
in his eyes. It will be there if the
ea'-v* goes against him.
His appearance would indicate that
he is holding something back, some
thing with which he expects to sur
prise his eminent opponents.
Then, There Is Hooper.
There is one thing that every spec
tator knows is ebing held back. He
Is a quiet little man. with a scholarly
face, a man who has already won
spurs in Georgia politics, but* who has
not figured extensively in the bigger
criminal cases tried before Atlanta
courts>
The man is Frank Hooper. He
been on his feet but once. He made
an Impression then. And when the
case comes to it* crucial stages, it
will be well to watch these two voun;
lawyers arrayed against the admitted
masters of their craft.
She lithe and unknown Uorbett sent
the invincible John L. Sullivan to
oblivion. Brian dn Boi•• Gilbert was
unhorsed bv Wilfred of Ivanho**.
Theodore Roosevelt ran second ii* a
Presidential race.
Who know*.'?
Straw Hat Specials
All Split Straws and Bangkok Ilats ONE-THIRD OFF.
All other Straws, including Milaus,
HALF PRICE.
Men’s Shirt Reductions
Shirts priced regularly at $1.00 to $8.50—now 75c to $6.50.
Men's Underwear Reductions
Garments priced regularly at 50c to $3.00—now 40c to $2.00.
One lot Mismatched Suits, 50c to $1.50 garment,
HALF PRICE.
Men's Night Shirts and Pajamas
Night Shirts priced regularly at 50c to $3.50-
now 40c to $2.50.
Pajamas priced regularly at $1.00 to $7.50—now 75c to $5.75
Neckwear Reductions
FANCY AND KNIT FOUR-IN HANDS AND WASH TIES.
Ties priced regularly at 50c to $2.50—now 35c to $1.50.
50c ties 3 for $1.00.
One lot Silk Ties, formerly $1.00—now 3 for $1.00.
. ■'
One lot 50c Sox
All Fancy Vests
HALF PRICE.
HALF PRICE.
Double Breasted Styles ONE-THIRD OFF.
Suits priced regularly at $5.00 to $16.50—now $3.35 to $11.
Boys' Norfolk Suits *4 Off
Suits priced regularly at $5 to $16.50—now $3.75 to $12.40.
Children's Wash Suits Reduced
Suits priced regularly at $1.00 to $6.50—now 75c to $5.00.
Boys' and Children's Straw Hats Half Price
Wash and Silk Ilats ONE-FOURTH OFF.
Boys' Furnishings Reduced
Colored Blouses and Shirts priced regularly at 75c to $3.00—•
now 60c to $2.25.
Boys’ Knit Underwear and Pajamas ONE-FOURTH OFF.
Children’s Wash Reefers ONE-FOURTH OFF.
Boys' Shoe Reductions
-
Hoys’ $3.50 Oxfords, ail
leathers, lace and button $2.85
Boys’ $3.00 Oxfords $2.60
Boys’ $2.50 Oxfords $2.10
Little Gents’ $3.00 Oxfords,
all leathers, lace and but
ton $2.45
Little Gents’ $2.50 Oxfords, 7
all leathers, lace and but
ton $2.00
Little Gents’ $2.00 Oxfords,
all leathers, lace and but
ton $1.75
Men’s Shoe Reductions
ALL BOYDEN $7.00 Oxfords—all leathers $5.65
6.50 Oxfords—all leathers 5.20
6.00 Oxfords—black vici only 4.85
ALL MUSE $6.00 Oxfords $4 85
5.00 Oxfords—all leathers 3.85
4.50 Oxfords—all leathers 3.35
4.00 Oxfords—all leathers 3.10
8.50 Oxfords—all leathers 2.85
SPECIALS.
One lot Gun Met^l Oxfords, button only $1.85
One lot White Canvas Blucher Oxfords $1.45
Boys’ Scouts not included in this sale.
Reductions on Women's, Misses'
and Children's Shoes
WOMEN’S WHITE SHOES.
$6.00 Buckskin Pumps and Colonials $4.45
$5.00 Buckskin Pumps and English Oxfords $3.45
$3.50 and $4.00 Canvas Pumps, Ties and Button
Oxfords $2.45
WOMEN’S BLACK AND TAN SHOES.
With tho exception of a few numbers.
$5.00 and $6 00 Black or Tan Pumps, Ties and
Colonials $3.45
$3.50 and $4.00 Mack or Tan Pumps, Ties and
Colonials $1.85
EVENING SLIPPERS.
$4.00 and $5.00 black, pink, blue and white Even
ing Slippers $2.45
MISSES’ AND CHILDREN'S SHOES.
Girls’ $3.00 Ankle Strap Pumps, all leathers and
white canvas $2.15
Misses’$3.00 Ankle Strap Pumps, all leathers $1.85
Children’s $2.00 Ankle Strap Pumps, all leathers ....$1.45
Infants’ Ankle Strap Pumps, all leathers 85c
Special—One. lot Women’s White Canvas Ties, small
sizes 45c
George Muse Clothing Co.