Newspaper Page Text
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HTlArwrs bun oat amkkican, Atlanta, ua„ m’mdai, auuubt a, ima.
BATTLE GROUND
Continued From Page 1.
bf*r mesh purse In her hand, nnd that
ho then and there killed her for her
money, threw her body Into the open
and nearby elevator shuft, down
which he went later to conceal her
body In the ro.tr, and V make hi«
guilty escape by way of the broken-
down back door.
The defense w ill urge against Con
ley al] the circumstances of his con
tradictory affidavits*, his admitted lie-
in the earlier stages of the investiga
tion, particularly when he. the now
confessed author of the notes found
beside Mary Phagan, claimed persis
tently that he did not know how to
write.
Character Is Issue.
In addition to thi>, Conley’s general
reputation for ahiftlessness and vl-
ciousnejw will be set up and shown by
police records, and that hv way of
contract with Prank’s unblemished
college and business career and gen
eral reputation for good character and
decency of conduct In every direction
Besides, the defense will say, Con
ley’s last story, contradictory of his
other Tories though it is. still is
amazingly inconsistent as to facts
and truth, and should he rejected
therefore merely as the utterance of
guilty person, undertaking to shift
from his own shoulders and on to the
shoulders of Prank responsibility for
the awful deed.
It will be the contention of the de
fense that Conley never chirped of
Prank’s connection with the crlm* un
til suspicion began rapidly to drift in
Conley’s direction, and that he then
se1»«d upon Frank as his victim be
cause Frank then had come under
suspicion himself, and must therefore
have appealed to Conley as the easiest
and most likely mark in sight.
There, in brief, are the two theories
of the awful fate that befell little
Mary Phagan.
Evidently the case of both the State
and the defense radiate*' from Conley
—the big. black, sinister figure whose
depressing shadow has darkened the
case from c tart to finish.
All the State has done has led al
ways to Conley—all the defense will
do must lead always to Conley
What the defence may do on its own
direct evidence- yet remains to he
seen. What it seemingly must do Is
food for spec ualion and thought.
The Stnv* has proved the death of
the girl by violence, and the venue
There Is no dispute about those
points.
It will be agreed that Mary Phagan
reached the pencil factory about noon
and that she was paid off by Leo
Frank a few minutes later.
The defense will deny, however, the
State's’ contention that Prank was not
in his office at the time Monteen Sto
ver failed to see him there; and it will
assert that he might have been in the
otfice. and Miss Stover still fall to
see him, such was the arrangement
of Prank’s private office with respect
to the general office adjoining, and
such was the arrangements of the
furniture in both rooms.
Time Link All Important.
If the defense can overcome the
State's accusation that Frank was not
1n his otfice during all of the time
within which experts agree the crime
must have been committed, then it
will break down one of the strong
links in the State's case.
But can the defense do that?
There is Monte en Stover—will It do
merely to throw doubt upon her al
legation and not be able to shatter it
outright?
If the Jury holds fast to the Men
that Prank was absent from his oifico
at the time the Stover girl says* he
was. it will go hard with him. so the
general lmpn-ssion Is.
The State has shown rather effect
ively that Frank was very nervous on
the morning after the murder, when
the officers went for him at his home
In Georgia avenue.
He seems to have been checked up
on this point from many angles, and il
generally is agreed that he was ner
vous and agitated.
It will be up to the defense, as re
moving a possibly suspicious circum
stance, either to disprove this ner
■vousness or admit it as a perfectly
natural thing, in light of the happen
Ings at the factory, guardedly kept
from Prank’s knowledge until he was
led Into the presence of i dead girl a*
the undertaker's
The State has shown that Frank
engaged counsel rather early In his
troubles, and has attempted to show
that he engaged counsel even before
he was held as a suepect.
On cross-examination the defense
undertook to explain away this by
drawing out the fact that Frank was.
as a matter of fact, under arrest when
taken from his home Monday morn
ing, and removed to the police sta
tion. and that it was the knowledge of
this that prompted him. or his friends,
to secure counsel for him.
The one point that the State not
yet has made its hand perfectly clear
on is the motive of the crime.
Will the State contend that Prank
was undertaking to outrage Mary
Phagan against her will and that ir.
attempting to do this, whether suc
cessful or not, he deliberately at
tacked her and killed her?
This contention must be made if
the indictment which charges strang
ulation is to be upheld.
Doctor's Stories Conflict.
The rather conflicting expert testi
mony of Drs. Harris* and Hurt upon
the questions controlling these two
last-mentioned points makes it diffi
cult to forecast now Just which theory
the State may adhere to In Its final
adiustment of Its case.
The defense, however, to clear Leo
| Prank, will have to combat both these
theories. Otherwise Frank is con
demned utterly In public opinion and
In law.
n-oobery Defense Theory.
The defense will Insist upon one
theory only with respect to the motive
moving Conley—it will be robbery
pure and simple.
The defense, in cross-examination,
has undertaken to show that, while
Mary Phagan's pay was refused to a
party, as the State contends, the aft
ernoon before her death, It was custo
mary for the office to decline to pay
COURTROOM STUDIES OF LEO FRANK
Throe typical poses of the defendant in the famous Phagan case are shown, while in the up
per left of the picture i« a study of Luther Rosser, his leading counsel. Here is what a study of
Frank’s face reveals: 11 is face is immovable, except, perhaps, for the eyes. But fixity of coun
tenance does not always go with unconcern. In this ease it is a part of the man’s nature. Im
mobility is the essential part of his physiognomy. It is the immobility of the business man
rriven to calculation, of the gambler, of the person given to repression.
"Better Be Safe
Than Sorry"
It is far better to give
the Stomach. Liver and
Bowels some help at the
beginning than to keep
putting it off until sick
ness overtakes you. Be
wise, and keep
HOSTETTER’S
STOMACH BITTERS
handy and take it prompt-
ly. It helps overcome all j
Stomach. Liver and Bowel
Ills, also prevents Malaria, !
Fever and Ague.
the wages of employees to others that?
the employees themselves or their au.
thoriud and known agenti. This
agent, the defense contends, was a
stranger and not authorized properly.
Undoubtedly, the sensation of the
week was Dr, Roy Harris’ positive
and dramatically delivered testimony
to the effect that Mary Phagan died
within from 30 to 45 minutes after bhe
ate her lunch, 1. e., between 11:45 ami
12:30.
Dr. Hurt, another expert, rather
vigorously dissented from Dr. Har
ris’ conclusions, however, holding that
the question of how long boiled cab
bage remained in process of digestion
in a stomach depended largely upon
the particular stomach charged with
the duty of digesting it.
Some stomachs make comparative
ly quick work of cabbage; other
stomachs find it most difficult to dis
pose of.
The same condition of partial di
gestion might be discovered, so Dr
Hurt said, in two different stomachs,
particularly with respect to cabbage,
notwithstanding the fact that one
stomach might have had the cabbage
in process of digestion 3ft minutes and
the other stomach two or even three
times as long.
The defense will nrgue from this
statement that Mary Phagan might
have been killed after Frank left the
factory—a little after 1 o'clock—and
the partially digested contents of her
stomach would uphold that contention
as conclusively as the other.
Therefore, the defense will claim.
Conley had ample time, even within
the limits as set up by Dr. Harris
testimony, to effect the murder, and
much more than sufficient time with
in the limits as set up by Dr. Hurt
Fragments Always Found.
Again, the State endeavored to show
by a witness named Barrett that a
fragment of Mary Phagan’s pay en
velope was found near her machine
cn the second floor, and that blood
spots were found near a dressing room
frequented by her.
On cross-examination, the defense
succeeded in gutting I)r Claude Smith
to say that the samples of this blood
given him might or might not have
been human blood, and also succeed
ed in getting Witness Hollo .vay to say
that fragments of pay envelopes were
scattered habitually all over the fac
tory, and that fragments of rope. also,
such as was found around Mary Pha
gan’s neck when her body was dis
covered. were commonly scattered all
over the building and were swept uj
every now and then and sent to the
•basement for burning.
This p«4ni will be urged by the de
fense in establishing its theory
against Conley, in that an attempt
Everybody says in his heart that he
knows human nature, that he can
read guilt or innocence, sensuality jr
asceticism, calm or perturbation In
the face of another. Everybody,
armed to his own satisfaction with
this power of divination, has gone
to the trial of Leo Frank to watch the
man w ho Is charged with the murder
of a little girl, the most brutal and
conscienceless of murders.
The young man who is thus the
center of all eyes si apparently un
conscious of the multiple gaze that
continue all day long. Those who go
to watch him declare a variety of
opinions—that he is calloused or that
he is conscience-clear, that he scorns
the outcome of the trial whatever it
may be, or that he is serene in his in
nocence.
The watchers generally ndmU, how
ever, that he is unconcerned.
But in the finding of 'his verdict
they do not see the eyes of the man
Leo Frank’s Eyes Show Intense
interest in Every Phase of Case
Face Is Immobile,blit Gaze Tells Story of Deep Reeling of
Man on Trial—A Study of Prisoner at Close Range.
By TARLETON COLLIER.
that are always wide stretched and
intent, with brows always slightly
lifted, with a gaze that seems to burn.
Eyes Show His Interest.
Leo Frank unconcerned? A man
twiddles his thumbs, glances aimless
ly here and there, is lax-muscled, va
cant-eyed. Then he is unconcerned.
But the wide-eyed stare behind the
thick nose glasses proves Frank verv
much concerned. The quick shifting
of his gaze from the witness to the
questioner, back and forth as ques
tion is asked and answer made,
proves him very much alive to the
proceedings.
To be sure, Frank’s face is im
mobile, except, perhaps, for the eyes.
But fixity of countenance does not al
ways go with unconcern. In this case
it is a part of the man’s nature. Im
mobility Is the essential part of his
physiognomy. It is the immobility
of the business man given to calcu
lation, of the gambler, of the person
given to repression.
Shrewdness is the essential factor
of Frank’s character. It is the nat
ural conclusion that this should be so.
Here you have a young man. just 28,
who was the head of a highly capi
talized manufacturing concern, and
its head because of his own effo-is
and achievement.
He Misses Not a Syllable.
Shrewdness, too, is evident in those
wide-open eyes of his. They shift
rapidly and constantly, from witness
to lawyer, from lawyer back to an
swering witness. When they settle
upon their object, they are fixed
enough for the moment, and never
furtive. But they linger for no time
here nor there.
One man speak a. Frank’s eyes fix
him with the wide stare. Another an
swers or interrupts. The young man's
gaze travels to him. No syllable nor
intonation is missed. All this can be
token nc.hing but a nervous, careful
nature. Nervous in the sense of pos
sessing mental force and high-strung
sensibilities; not nervous In the sense
of neurotic affection. Nervousness
need not mean merely timidity.
Prank is essentially careful. Wit
ness again the evidence of the young
man rising to a position of respon
sibility in the business world.
All this is betrayed by the active
eyes. It is not to be read in the mask
that is Frank’s face, but only In the
eyes.
Frank Is not unconcerned. Luther
Rosser is firing questions at the wit
ness. Then Frank’s eyes are most
earnestly expressive. They are up
turned to the figure of his lawyer and
in them there Is something of in
genuous confidence and trust. They
are very wide then. His mouth opens
slightly. Altogether there Is some
thing in that gaze like the look a child
bestows on a person toward whom he
feels something of awe
His Face Never Changes.
Those who say Frank is uncon
cerned must surely have seen him
during the moments when his dynam
ic eyes were in renose, moments like
those when the photographers were
aiming their camera?* at him. mo
ments when men are not actively try
ing to break his neck or to save him.
In this, however, the watchers are
correct when they talk about his un
concern—his face never changes, fer
so much as the twitch of a muscle, for
minutes and minutes at a time. T'.it»
body never shifts in the chair it occu
pies. Hi?* eyes move, and in the mov
ing speak, but his face hardly ever
speaks. Leo Frank, If not uncon
cerned, Is at least imperturbable.
But sometimes hls wife’s hand, rest
ing on the back of his chair and
lightly touching his shoulder, pats hls
arm once or twice. It is a signal from
her. His head goes around and is In
clined. his ear near her mouth. At
her whispered message he turns even
farther, and for the fleeting part of a
second looks Into her eyes. Hls wide
mouth widens farther for the ghost of
a smile.
The whole movement is quick, ner
vous and almost abrupt. But he has
smiled.
Hls wife Is as impasrlve as he. She
has none of hls nervous inake-up,
and, if anything, to the observer ap
pears even more unconcerned than
does her husband. But the avidity
with which she seizes upon certain
lines of evidence, bending forward to
whisper in her husband's ear. or
backward to reach one of the attor
neys, proves her interest. She smiles,
too. answering her husband’s smile.
But h°rs, like hls. Is merely the blink
of a smile.
Mother Never Smiles.
Mrs. Prank, the prisoner’?' mother,
never smiles. She sits against Judge
Roan’s stand, her face a sad puzzle,
expressive of nothing in regard to
what is going on around her. but ex
pressive of a great deal of under
standing. sympathy and kindness.
Frank’s own fr.ee is a small, ner
vous. abnormal face and not attract
ive. It <8 that of a man too keenly
bright. It is not that of an affable,
brotherly man. It is not that to at
tract other men. But the face?? of Ms
two best allies, his wife and his moth
er, are as attractive as liis is unat
tractive. Both bespeak powers of
courage and of fortitude. Mrs. Frank,
the wife. It seems, is capable of en
during the same trials. Frank’s face
Is no advantage to him, even with its
serenity. The faces of his allies will
help him.
Frank Is cool, rather than courage
ous. calculating rather than brave,
shrewd rather than daring. All this
the wide, active eyes bespeak.
But even if it were not his nature
to be thus deliberate, he probably
would bear this same appearance of
calm, surrounded as he is by every
semblance of protection. He is >
center of a cordon of friends. At h.s
left Is hls mother, and beyond her tne
judge’s bench, that embodiment of
safety. Behind him are two of hiJ
lawyers, Stiles Hopkins and Herbert
Haas. At Ms right, close to his side,
is hi?* wife, and beyond her are others
of hls» corps of lawyers. They are all
aggressive, vigorous in his defense,
creating an atmosphere of security
that surely must bring assurance to
him. Little wonder he is calm
will be made to show that Conley put
the rope around the girl’s neck, after
he had killed her on the first floor
above the basement, and dragged her
back to the rear of the basement,
purely ;us a bluff and as a clumsy at
tempt to cover up the real manner
of her death.
The Illiterate notes found beside the
dead girl have not yet been tendered
as to their actual contents, but it will
be admitted that Conley wrote them.
Conley, however. In his affidavits—
and, presumably, he will repeat this
on the stand—says he wrote these
notes at Frank’s dictation and that
Frank told him he wanted “to send
them to his mother.”
The notes are in the negro’s hand
writing, and the defense will stress
the point that he now admits having
written them, in spite of early denials,
and In the face of his oft-repeated
denial that he knew how to write at
all. After Conley had denied, time
and again, that he knew how to writer
a contract under which he had pur
chased a cheap watch was discovered,
which he had signed.
This will be urged against Conley
as a stronger circumstance of guf.t
than any circumstances the State has
set up against Frank.
The testimony so far as to whether
Mary Phagan was outraged is incon
clusive and conflicting. Dr. Harris,
who has gone further than Dr. Hurt,
says that she might have been, and
that there well some reasons to sus
pect that she had been. He would not
say positively that she had, however.
Sees No Trace of Violence.
Dr. Hurt, on the contrary, said that,
in his opinion, she had not been out
raged—that he saw no evidence >f
sexual violence.
Both physicians and the undertaker
agree that there were no beastly and
unspeakable mutilations .about the
dead girl’s body, such as street rumor
and gossip originally attributed to
the perpetrator of the crime.
The foregoing, in a broad and gen
eral way. sums up the contentions
and pleadings of the State during the
past week, the achievements of the
defense on cross-examination, and the
probable procedure of the defense in
the week to come.
The defense may enlarge or narro.v
its program as the case develops—
what is set down here with respect to
what the defense likelv will do is. of
course, speculation in *art.
The questions to he thrashed out
finally are these:
Did Leo Frank, between 12 o’clock
and the time he left the pencil fac
tory, after paying Mary Phagan her
pittance of wages, lure or follow her
into the back of the second floor, there
assault her and kill her? Did he then
secure the services of Jim Conley, for
hire, promised but not paid, save as
to some $2, to conceal the body in the
basement? Did he spring upon this
girl, like a beast, outrage and kill her;
or did he. because she repulsed his
low and sinister advances. In endeav
oring to force his will, kill her,
or kill her to keep her from telling?
Any of these would be murder!
Wanted Money For Whisky.
Or did Jim Conley, half drunk, loi
tering in the dark hallway below, see
ing little Mary Phagan coming down
the steps with her mesh bag in her
hands, brooding over his lack of fund3
wherewith to get more whisky, find
in the situation thus set up an oppor
tunity to secure a little money—the
violent killing of the eirl following?
The State is contending the one
thing—the defense will contend the
other.
Both theories will 'be exhaustively
tested, and upon the decision of that
great umpire, the jury, will the fate
of Leo Frank depend.
The two extreme goals have been
set up. Which side will win?
About Conley—ever and always
about Conley—the Frank case re
volves, and will revolve until it ends.
Men Tennis Players
To Appear in Skirts
Novel Handicap Match Is Provided
for Members of Club in
Berkshires.
Bodies of Dead To Be
Made Transparent
Hospital In Philadelphia Plans To Do
Away With Dissection by New
Method.
PHILADELPHIA, Aug. 2.—A new
method of medical instruction, doing
away largely with dissection, will be
put into practice at the Hahnemann
Medical College next term.
Physicians and surgeons of the col
lege are perfecting a process, based
on discovery of a fluid by a German
scientist, which will make the human
body transparent.
Students can study the veins, mus
cles and bones far more easily, it is
said. The fluid can not be used be
fore death.
W1NSTED, CONN.. Aug. 2.—Men
tennis players in the Southern Berk
shires may be expected • to become
patrons of dressmakers, judging by
the announcement of a tourney to be
held on the courts of the fashionable
Greenock Country Club, in Lee, on
Saturday.
All the men entrants in the singles
and mixed doubles must, according
to the club edict, wear skirts, which
shall be more than two yards around
the bottom and not hang more than
four inches from the ground. The
tournament is open to club members
only.
Incendiary Tries to
Burn Granite Statue
Boxing of Base of Monument to
Former Governor of Oregon
Set on Fire.
Neurologist Calls
Beer Peril to Nerves
Expert Advises Railroads to Pass
Regulations Prohibiting Its Use
by Employees.
CHICAGO, Aug. 2.—No more drink
ing—not even the humble beer—for
the railroad man hereafter, if the big
transportation companies take the
same view as the congress of alien
ists and neurologists who recently
completed their sessions at the Hotel
Sherman.
The gathering passed recommenda
tions for total abstinence, and for reg-
| ular investigations to determine the
j mental soundness of railway em
ployees.
I The resolutions have added signifi
cance because they followed an ad
dress on the subject by Dr. Theodore
Diller, of Pittsburg, who had be?n
sent to the congress by' the Baltimore
and Ohio Railroad.
SEATTLE. Aug. 2.—The half-com
pleted granite monument to the late
John H. McGraw, once Governor of
the State and first president of the
Associated Chambers of Commerce of
the Pacific Coast, stood in ti.imes to
night from a fire, apparently of in-
cend.ary origin, kindled in the boxing
of the base and shaft pieces and
other woodwork scattered about. The
scent of kerosene was at once detect
ed. The monument is being erected
on Westlake boulevard near its inter
action with Stewart street.
ROSE BUSH HAS BEEN
WITH FAMILY 80 YEARS
MARYVILLE, Aug. 2.—A rose bush
that has been in one family' for 80
y r ears is owned by A. Souers. of this
city'. The original sprout was brought
from Pennsylvania to Ohio by Souers'
grandmother. Then the family moved
to Indiana and the old rose bush went
along. Mrs Souers recently w nt on
a visit to Indiana and while there
got a sprout off the bush and brought
it home. The bush here is thriving
and has reached a height of ten feet-'
Coffins Are Used as
Wedding Decorations
Man Four Time Widower and Wo
man Three Time Widow Defy
Superstition.
Castro Nov/ Perils
Bryan’s Talk Tour
Mexican Problem and Outbreak in
Venezuela May Cause Post
ponement of Lectures.
WASHINGTON, Aug. 2.—Consid
erable anxiety prevails in Washington
to-day for fear that the unsettled
Mexican problem and the outbreak oi
Castro in Venezuela end the expected
coming of another note from Japan
may seriously interfere with Mr.
Bryan’s lecture tour, which was due
to begin early next week.
Mr. Bryan has announced from day
to day that he expects to leave Wash,
j ington at the end of the week, but in-
; dicated that the day had not finally
j been set. It is not known whether he
j will feel in a position to tear himself
i away or not.
Hot Fried Chicken
Ends Hunger Strike
Negro Forgets Plan When He Stalls
Savory Pullet and Sees
Watermelon. v j
ELIZABETH. N. J., Aug. 2.—The
manner In which Warden Charles W.
Dodd, of the county jail, broke up a
"hunger strike" to-day may set a use
ful examnle, he thinks, to the keepers
of English prisons who become cus
todians of suffragettes. William Tur
ner, a negro prisoner incarcerated
last Sunday, sought to gain his lib
erty by refusing to out. This morn
ing the negro had been 48 hours with
out food, when Warden Dodd ap
peared at the door of his cell with a
steaming plate of fried chicken and a
large section of juics watermelon.
One sniff and Turner's “hunger strike”
came to an abrupt end.
AutosBarred inTown
Dr. Eliot Leads Fight
Former President of Harvard Suc
ceeds in Keeping Road Open
to Carriages.
BAR HARBOR, ME., Aug. 2.—By
a vote of 192 to 8 the town of Mount
Desert, at a special town meeting, de
cided to keep In force for another
year the restrictions prohlbRing the
use of automobiles in that place.
Former President Eliot, of Har
vard, has led the fight to keep the
roads exclusively for driving.
BIJOU
THIS
WEEK
MESA, AR1Z., Aug. 2.—Three
times wedded in church and each
time widowed within a few months
or years, not to speak of a house cer
emony, which also ended fatally,
Marshal Mosbarger has grown super
stitious in regard to his weddings.
An undertaking parlor was the
scene of his marriage to Mrs. Etta
Lucetta Crandall, who, incidentally,
herself has been three times widowed
Mosbarger and Mrs. Crandall stood
before the clergyman in a room, the
walls of which were lined with cabi
nets filled with coffins. Both ex
pressed confidence that the venture
would prove more fortunate tlj.aE
previous ones. f
PASTORS CHARGE AUTOS
ARE HURTFUL TO CHURCHES
MANHATTAN, KANS, Aug. 2 —
The dwindling of the congregations of
country churches, due to the new era
of automobiles, which makes It easy
for ther ural residents to attend serv
ices in nearby towns and cities, will
be discussed at the Conference of
Rural Leaders. July 21 to 25, at the
Kansas Agricultural College. Mem
bers of the organization declare that
Kansas now has about 1,200 aban
doned churches in the farming dis
tricts.
THE MUSICAL COCKTAIL
With a Champagne Flavor
ALONG
THE PIKE
WITH
NAT. C. BAKER & H. J. O’NEILL
A Brilliant Cast of Principals
A Chorus oi Real Beauty
A Big Scenic Production
Dainty Costumes
GOOD COMEDY-
CLEVER VAUDEVILLE
MATINEES DAILY
NICHT SHOWS - . 7:30 and 9
V-