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TTTF ATLANTA GEORGIAN AND NEWS. DEFENSE NOT HELPED BY DORSEY UNAFRAID AS HE FACES CHAMPIONS OF THE ATLANTA BAR ENTRAPPING THE STATE By JAMES B. NEVIN. Hn* the State succeeded In thoroughly establishing the fart that little Mary Phagan.® 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, which, 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 j 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 a 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 who entraps, or who Is thrown under suspicion of having entrapped, frequently does the party he seems primarily to have hurt a wonderful amount of good. 1 believe, for instance, that Witness E. F. Holloway was speaking the truth when, on oath, h© reversed his former affidavit to the Solicitor, and said that he left the elevator un locked on Saturday, whereas 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 case, and if Hollo way's last story, apparently satisfac torily 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’# 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 the defense of unfair and grossly in circumstances and admissions brought out in favor of the defense, under Hie merciless cross-examination of Lu ther Rosser. It is a good deal to say, neverthe less, that at this stave of the trial the defense apparent’" las scored heav iest, for such *»olnt- 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 Fran’ . Monteen Stover swore ihnt Frank was not In his office for, at least, h period of some five minutes imme diately after 12 o’clock on the dav of the murder: at least, if he was, he was where she could not ir did not see him. Grace Hlx undoubt edly helped Frank. Dr. Smith helped the State. R. P. Barrett swore he found a piece of a pay envelope rnder Mary Pha- gan’s machine three or four days after the murder, r.nd that he found blood 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 the»*« Friday, and wer* 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, sate that of Barrett conce. ing the piece of en velope, and the defense presumably Is ready, therefore, to meet It. State Facer Hard Task. The mere finding of a piece of pay envelope somewhere even near Mary Phagan’s machine, is not, of itself highly important; but it might serve as a link In an otherwise strong chain forged to connect Frank il- rectly with the killing. But if the late has succeeded lr setting forth the fact that Frank may possibly have committed the crime, it 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 was* in the factory at a moment when tl killing of Mary Phagan MIGHT hav*» been effected—and beyond that fact the State has been unable to proceed very far to date. It must be remembered, too. that while the State now is engaged in weaving a web. real or imaginary, about Frank, the defense expects “o 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- This shows the Solicitor warily noting the moves of an opponent. decent methods of bolstering up its ! Kether tightly or fn 11 apart hopeless- cause, so 1 think the constant sug- ly ' According to the fate of James gestlon of witnesses changed In opln- Conley on the witness stand. Ion and testimony, and In favor of I If Conley stands the test of ex- Frank, will hurt Frank's case, rather I hausttve cross-examination, then the than help It, if sustained. Mr. Dorsey failed utterly to bolster up his charge of "planted" evidence, hut 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 Bitting 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 rase, under Its deliberately assumed oath that it was "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 ways —either in their failure to testify di- the State's benefit or through ► circumstances leading up to and away from Conley's connection with the case will stand or lall. He Is, and has been, at all timer both the hope and the despair of the State, no less than the hope and de spair of the defense. He Is the star witness about w-hotn the entire Frank ease 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 Stat*.- 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 tile 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 Con ley's evidence before making up Us 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 the State and the defense. The public largely still Is open- mind -d. It Is "from Missouri"—and after all. that Is the way the public mind should be In this matter, for it is a very grave matter, and its final effect -. 111 be far-reaching and full ot 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 street rumor and gossip had it mutilated, Just after the crime was commltt-d That ugly story undoubledlv was accountable for some of the primary prejudice against Frank—-but it a,->s an untrue rumor, and in all fair-toss, now that it has been exploded, it should be borne in mind. Hugh M. Dorsey, Solicitor and prosecutor of Leo M. Frank. Up Against a Hard Proposition Youthful Solic itor Is Fighting Valiantly to Win Case. By L. F. WOODRUFF. Georgia’s law’s most supreme pen alty faces Leo Frank. A reputation that they can not be beaten munt 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 ns much at stake as any of the hun dreds who crowd Judge Roan’s* court room. with the exception of Frank, and he is accepting the 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 as 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 is 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. Frank, against whom he must direct his efforts. The proposition of convicting a man is as common in the life of a Solicitor as paying hi-? car fare home. But here’s a different proposition. Dorsey is confronted with the task of getting a conviction over the efforts of Luther Rosser and Rueben Arnold to obtain an acquittal. And anyone who know? Atlanta, 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 rerord for ftig crime trials has not been altogether healthy In th“ past twelve months. In that time rv , '• i mir mnu. Willi a SCUUlHriV Porsey has prosecuted Mrs. Daisy face, a man who has already won his Grace on a charge of attempting to slay her husband. Atlanta was in tensely Interested in this Issue. Mrs. Grace was acquitted. Dorsey lost. He prosecuted Callie Scott Apple- baum on a charge of endin'- the life of her husband. Again the public was deeply interested. Again Dorsey lost. And then came the Phagan killing. Atlanta, Georgia and the South de manded that her slayer oe brought before the bar of justice and be given lew's severest penalty. Frank was fixed upon by the police as the man.| The grand Jury indicted him anil Dorsey yaked his all on his convic tion. , l.uther Rosser had been retained us Frank’s chief counsel. Dorsey smiled. Again there was a Hash. Reuben Arnold had been added to the list of legal array to clear the name of'the superintendent of tile National Pen cil Factory of the charge that the had taken the life of a little girl. 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 lie first met the foremost captain of Industry. V violin virtuoso bows be n-re Kubelik. There Is r.o piantst who wigild approach Paderewski without a sensation of awe. And here in Atianta. Arnold and Rosser are champions. They are Kubeliks, they are Paderewskis. Hugh Dorsey hasn't quailed. Thn ughout the trial he lias 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 (Je.ll younger than his opponents. His hair Is tinged with gray, and there will probably be more of those strands there before he is through with hi3 clashes with the dynamic Rosser and the erudite Arnold. He Is taking the case with Intense seriousness. So far, Rosser's effort-- to rattle him by calling him "Hugh," "mv 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 .till in his eyes. It will be there if the case 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 Sherlocks* Lupins and Lecoqs See Frank Trial Then* are ertough "hists," aha’s” and those other exclamations that mark a true detective besides the badge on his left suspender to fill a whole volume of Gaborieau thrillers at the Frank trial. A stranger whirled from the Ter minal Station to Judge Roan's court room would be convinced before he had been in that temple of Justice five minutes that all Atlanta earns its living following clews, and that if Sherlock Holmes was made a mate rial being he could beat Jim Wood ward for Mayor by 8,000 votes. Ever since the body of Mary Pha- Kan was found, practically every man of voting: age and a lot of those who Just think they are, have evolved a theory as to the crime they regard as incontrovertible as two plus two makes four, and have a system of ratiocination (beg pardon. Mr. Poe), that either proves beyond the shadow of a doubt that Leo M. Frank Is guil ty, or that he is innocent, or that Jim Conley did it, pr he didn’t, or that somebody did, but they’ll be hanged if they know who. Theorists There for Vindicstion. The census of 1910 gave Atlanta a population of 154,839, and it is safe to say that 154.839 sure-fire theories have been evolved. And everyone of the theorists wants to go to the courtroom to see his the ory upheld and see the theory of the other fellow smashed to smithereens. Atlanta’s deductive and inductive powers were never evep dimly real ized until this week. Chat with the throng around the courthouse. Mingle with the Lupins, the Lacoqs, the Anna Katherine Greens in the room where the issue is being fought. Clerk Turns Detective. Your surprise will be suddenly con verted into admiration and then into awe. A person, whom you had mis taken for a clerk with a brain capa ble of knowing nothing more complex than a suit will sell for $19.99 quick er than It will for $20, you discover has a reasoning power as infallible as that of Socrates and a knowledge of things criminal that makes him the most deadly foe to crime since Bertillon. He can take an envelope, locate It on a second floor and In a flash con ceive just how a deed of murder was committed. He can watch a man’s hand trem ble and Immediately conceive him a perjurer and a villain of the deepest dye, although he doesn’t ask him If he had taken on too much the night be fore. “Signs Air Hopeful,” S«ys Uncle Ben. He can point out the fatal wak- ness in the attack of a lawyer^vho makes more money in a minute than he himself makes in a week. A man selected by a sovereign people to rep resent the majority of their law be comes a mere novice under his merci less criticism. “But the signs air hopeful,” re marked Uncle Ben Green, from out Hapeville way, as he listened to the findings of the amateur sleu.hs and chewed tobacco. “The signs air hopeful,” he repeated. “I’ve been a-sittin’ here since the trial begun, and from what I hev seed ot these deteckertive fellers we’ve got right now, It’s a pretty good thing that a new crop Is a-comin’ up.” F LEFT FACTORY, BELIEVED TO BE DEFENSE THEOR V 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 th State Constitution, w’lll be favorably recommended by the House Commit tee on Constitutional Amendments at Friday’s session of 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 shaV be decided by men who are familiar 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. “I 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. Vote Buttons Sold By Suffrage League Atlanta suffragists busied them selves Thursday in the sale of suf frage buttons and distribution of suf frage literature Just to be doing some thing while their suffrage sisters vere parading in Washington. The button sale was h^ld at the entrance of Mrs. Lillian Smith’s millinery store, No. 115 Peachtree street, and a neat sum secured. This fund will be expended in the holding of meetings to further the cause. The sale was held under the aus pices of the Woman’s Suffrage League of Atlanta, which was the Woman’s Civic League until two weeks ago. FINED: PUT ON Prison Sentence If Daniel Tolman Re -enters Business—Made $500,000 a Year. Diplomats iu Revolt Agaiust Grape Juice Washington, Aug. 1.—"Grape juice diplomacy” has been banished by the dinner given by Senator Le- fevre, Charge d’Affaires of the Pan ama Legation, In honor of Richard L. Metcalf, a member of the Isthmian Canal Commission, at which Secre tary Bryan was present. The dinner was distinguished by the choice selection of wines and other liquids served. Grape juice had no place on the menu. This is the first of a series of re volts said to be hatching among the diplomats. 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 has been on his feet but once. He made an impression then. And when the case comes to its crucial stages, it will be well to watch these two young lawyers arrayed against the admitted masters of their craft. 8he lithe and unknown Corbett sent the Invincible John L. Sullivan ti oblivion. Bria unhorsed by TRENTON, N. J., Aug. 1.—The loan shark business of the country re ceived a death blow to-day wheh Daniel II. Tolman. alleged to be the head of practically the entire busi ness of the country, was sentenced to pay a fine of $1,000 and was placed under probation for three years. Should Tolman be detected in op erating a loan agency In any part of the United States, his probation will be revoked and he will be brought back to Trenton to serve a prison term. Tolman was arrested in a raid on his offices here on July 30, 1912, and was one of the first caught in the dragnet to clean up the loan sharks. When arrested he resisted the officers and had to be carried and dragged to the patrol. He is said to have operated 69 loan shark agencies throughout the coun try. The business netted him $500,- 000 profits a year. He fought the case at every step through the courts, but when forced to go to trial, changed his attitude and pleaded guilty. Dr, 0’Kelley Chosen As New Mercer Head MACON, Aug. 1.—It Is definitely announced that the presidency of Mercer University has been offered to Dr. T. W. O’Kelley, pastor of the Firs* Baptist Church, of Raleigh. N. It is .believed that he will ac cept. Dr. O’Kelley gradiftited at Mercer in 1890 with first honors, and sub sequently he taught Greek and Latin at Mercer. Afterward he became principal of Hlawassee High School, in North Georgia. He is 50 vears of age and a man of family. He is re garded as one of the ablest Baptist ministers of the south. Dr. O'Kelley was chosen from a list cf sixteen prominent clergvmen and educators. Was Mary Phagan killed at or V'-’y near the time she entered the Na tional Pencil Factory April 26 to get her pay envelope or was she merely attacked at this time and murdered later? The line of questioning pursued by Luther Rosser in his cross-examina tion of two of the State’s witnesses Thursday afternoon indicated this will be one of the questions the jurors will have to sett!- before they will do able to determine the innocence or guilt of Leo M. Prank. Rosser was most persistent in his interrogation both of William A. Gheesling embalmeT, and Dr. Claude A. Smith, physician and bacteriolo gist. Gheesling went to the pencil factory at about 4 u’cL:k the morn ing of the crime and took charge of the Phagan girl’s body. He told So licitor Dorsey in the direct examina tion Thursday that the girl had been dead ten or fifteen hours and that rigor mortis was well established. Gets Admission Before Jury. Rosser at once began an attempt to break down this portion of the em- balmers testimony, and succeeded in getting before the jury the witness’ admission that rigor mortis is ex tremely variable in the time it takes to set in and become well established in a body. Gheesling admitted t,hat the surroundings in respect to damp ness ahd temperature had their ef fect, as did the cause of the person’s death, and that the degree of rigor mortis could not? be taken as an inva riable indication of the time that a person had been dead. Frank’s attorney made similar In quiries of Dr. Smith and from him obtained similar statements. The presumption is he will use the tes timony of the State’s witnesses to supplement that of the defense, com bining them to support the theory that the Phagan girl was attacked on the first floor by Conley and by him was thrown down the elevator shaft or carried down the ladder into the basement, buf was not actually slain until after Frank had left the factory in the evening. Two other points will be estab lished by the defense before the State rests if Rosser is able to wring the information he wants from the wit nesses called by Dorsey. Says Frank Returned Alone. One of th€»m is that Jim Conley did not walk to the factory with or just behind Leo Frank Saturday morning, April 26, as Conley swore in his last affidavit that he did. E. F. Hollo way, one of the State’s witnesses, testified Thursday afternoon that no one was with Frank when he re turned from Mont^g Brothers that morning. Rosser also displayed an unmis takable intention of making the de tectives and officers admit that Frank was under virtual arrest when he was questioned Monday by the authorities, and that there was no reason why he should not have been aware of his status. He succeeded in getting B. B. Has- lett to make just this admission and undoubtedly will use it to explain the measures that were taken at once for the protection of Frank’s interests, rubbed his chin and Hps in agitated manner, grew pale and trembling and in every way comported himself as one might who was guilty of a crime Scott said that he and John Ble^V entered the room as Frank and Lee were finishing their conversation and that he overheard the latter part of Frank’s remarks. Rosser immediately caught the de tective up on this statement, referimg him to his testimony before the Cor oner’s Jury, where he testified that he had not entered the room until the conversation between Lee and Frank was completed and that he overheard nothing. Scott explained that he must have been mistaken when he testified before the Coroner. Scott testified that Herbert Haas, one of Frank’s attorneys, early In the case had tried to persuade him to turn his evidence over to the defense before submitting it to the police, but this already had been aired at the in quest and "was without particular ef fect, as Scott added, under the cross- examination of Rosser, that there was no attempt to have it suppressed or kept from the police authorities, but only to have it given first to the de fense. What had the appearance of being the most sensational testimony of the day was that given by R. P. Barrett, a machinist on the second floor of the factory, when he declared that he had found a pay envelope under the ma chine used by Mary Phagan. The pay envelope, however, when It was shown to the jury, was discovered to have on it no date, no ampunt, no name, with the exception of a loop of one letter, no number nor any other mark to identify it as the pay en velope that the Phagan girl received Saturday, April 26. Nor was any ex planation suggested a s to how she may have happened to be at her ma chine when there was no work being done that day and the machines were not in operation. 1 Barrett testified to the finding of the alleged blood spots on the second floor near the women’s dressing room and the strands of hair on the lath ing machine. No more was developed out of the testimony then was al ready known to the public when Bar rett anounced his discovery a few days after the murder. Barrett also declared that a white substanoe had been used with the apparent intention of removing the splotches of red. Sweeper Tells of Splotches. AT el Stanford, a factory sweeper, corroborated Barrett in his story of the finding of the spots and the white substance that was spread over them. He said the spots were not there when he swept the factory Friday and that the flrs»t time he noticed Them was when they were pointed out to him the Monday morning after the mur der. Monteen Stover, the 14-year-old factory girl, gave exactly the testi mony that had been expected. She said she had entered the factory at 12:05 the day of the tragedy, and that Frank was not In his office. She said that she looked about in his office for him and on failing to find him left the building. She testified that she looked at the clock as she depart ed, and it was 12:10. Her story con tradicts the statement of Frank that measures on which the State has he was ln his office all the time after looked with suspicion because, the attorneys state, Frank was not placed under arrest until 11:30 the Thursday forenoon after the crime. State Fares Better Thursday. The State fared better Thursday than any other day during the trial. Harry Scott, Pinkerton detective, submitted considerable damaging ev idence in respect to Frank’s appear ance and actions during the first days of the investigation, although nothing that was startling or direct or even new. He told that Frank was extremely nervous when the superintendent and Newt Lee were placed in the same room at the police station and that Frank squirmed about in his chair, he came from Montag Brothers at about 11 o’clock until he went to the fourth floor to see Harry Denham and Arthur White at about 12:50. Dr. Claude A. Smith, city bacteriolo gist, testified that he found four or five blood corpuscles on one of tfc. chips of wood that were brought to him. He could nut tell whether or not it was human blood. These chips were the ones taken from the floor where the alleged spots were found. He said that in his opinion the blood stained shirt found at the home of Newt Lee, the negro night watch man, never had been worn and that the blood on It was put on the Inside of the garment and seeped through to the outside. $900 Tip by Gates Is Returned by Waiter MINNEAPOLIS, August 1.—Charles G. Gates, son of the late John »W. Gates, nearly caused the collapse of a negro waiter in a hotel cafe here. His dinner check amounted to al most $100, it is said. Gates called the waiter to him, pulled out a roll of $1,000 bills, slipped off the top one and said: "Here, boy, keep the change.” Gates then left. The waiter turned the $900 over to the manager of the cafe, who mailed Mr. Gates a check for the amount DR. 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