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TTTE ATLANTA GEOTCTAN AND NEWS.
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3
MOTHER OF ACCUSED
IN THE PHAGAN CASE
By JAMES
When a prospective Juryman is on
his voir dire in a given criminal case,
he, is asked if his mind is perfectly
impartial between the State and the
accused.
If he answers yes, he is competent
to try the case, so far as that is con-
corned. If he answers no, he is re
jected.
How many people in Atlanta and
Georgia, having heard part of the
testimony i-n the Frank case, still feel
themselves to be perfectly impartial
between the State and the accused?
How many people, having heard
part of the evidence, still have re
frained from expressing an opinion
as to the guilt or innocence of Frank?
Not many, I take it—and yet. that
jury is supposed to be perfectly
poised and as yet impartial between
the State and the accused, notwith
standing the State’s evidence thus far
delivered, and the presumption of in
nocence legally established in behalf
of the defendant.
I venture the opinion that nothing
developing in the Frank trial last
week so profoundly weighed upon
the minds of the people over §junda*y
as the question of the digestibility
of boiled cabbage—nice, greasy, pal
atable, if often shunned, boiled cab
bage!
It is rather curious* that of all the
masa.of matter brought out last week
this point should have furnished the
greatest amount of food for thought
—food as difficult and as varied in
its aspects of mental indigestibility
as boiled cabbage is in its physical as
pect!
Everybody Has His Opinion.
Everybody has his own private
opinion as to the manner and meth
ods whereby his, at least, stomach
proceeds to the disposing and asslm-
. Hating of thi.« not too aristocratic
article of common, everyday con
sumption.
How many people in Atlanta Sun
day forsook their usual Sababth day
more or less elaborate program of
diet in favor of plebeian program
of boiled cabbage—Just to see what
would happen, anyway?
“Is your mind perfectly impartial
between the State and the accused?”
Perhaps an experiment with boiled
cabbage may help you in arriving at
a conclusion! „
Remember, in judging F*rank from
fhe State’s standpoint, there is noth
ing so vitally important as the time
element.
If Mary Phagan were killed be
tween 12:05 and the time Frank is
admitted to have left his* office—
which narrows the limit sharply and
definitely—then the State’s contention
that Frank committed the deed may
not be true.
IP she actually were killed after
Frank left his office, of course the
case against Frank falls to pieces
entirely.
Miss Monteen Stover 'swea’rs that
Frank was not, to the best of 'her
knowledge and belief, in his office
from 12:05 to 12:10—and there are’
five minuter, if the girl’s testimony'
is conclusive, in which Mary Phagan’s
death might have been effected.
Defense to Dispute Claim.
The defense, to be sure, has sought
to*show, and will seek to show' even
more definitely yet, that, while Miss
Stover nay not have seen Frank in
his private office, which is detached
from the main office, he ‘■’till might
have been there, because of the ar-
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rangement of the two rooms and th*
furniture therein.
But if the jury accept Miss Sto
ver’s testimony as conclusive, and
agrees that Frank was NOT in his
office at the time stated, and in spite
of the fact that Frank has stated,
and presumably will state again, that
he WAS in his office at that time,
then Frank’s full opportunity to have
slain the girl will have* been estab
lished.
In addition to this established fact
•—if it be established in the minds of
the jury—will he the further testi
mony of Dr. Roy Harris to the ef
fect that Mary must have been dead
at least not later than 12:30, and
maybe earlier, as disclosed to Dr.
Harris’ satisfaction by the contents
of her stomach, examined carefully
after her death.
It looks as if the very heart and
soul of the State’s case agafnst
Frank, in so far as its entirely the
oretical and circumstantial side is
concerned, revolves very much about
the question of how long boiled cab
bage may have been in process of
digestion in Mary Phagan’s stomach
on the day she yvas killed.
Trivial Thing Controls.
It Is rather a strange thing that
In so many cases depending alone
upon circumstantial evidence to sus
tain them, unexpected and seeming
ly inconsequential things should
eventually control.
When the Frank trial began, if
there was any one thing entirely re
mote from the minds and opinions of
the people—the judge and the jury
men included—it was. I suspect,
boiled cabbage!
The lawyers for the State, of
course, knew what Dr. Harris was
going to testify—but beyond them,
nobody else knew.
When, as the case developed in its
preliminary and before trial stages,
the newspapers were digging daily
in this and that direction for new
lines of thought, for new circum
stances and suggestions calculated
to throw light on the great mystery
of Mary Phagan’s untimely and most
distressing death, when constantly it
was being hinted that either the
State or the defense had “something
big and sensational up Its sleeve, yet
to ■come,’-’ who thought of boiled cab
bage ? - j
I confess unblushinglv and with no
reservations or evasions of mind in
me whatever that I never did—not
once!
And neither did you, reader!
And yet, there has been nothing
developed by the State thus far one-
half so sensational as its point about
boiled cabbage—nothing that the de
fense so surely and so completely
must break down and annihilate!
Clash Over Boiled Cabbage.
Upon the yet mooted points of the
digestibility r»f boiled cabbage, in the
average stomach, in Mary Phagan’s
stomach, in the weak stomach, in the
strong stomach, in the thus equipped
stomach and the otherwise equipped
stomach—plainly one may anticipate
a long, bitter, and badly befuddling
battle between experts pro and con
fts to boiled cabbage inside the hu
man physical make-up.
I suspect the Frank case now is
getting to that . stage wherein the
hypothetical question will , figure se
riously and menacingly.
‘Already, of course, hypothetical
questions have been asked, on both
! but It is doubtful whether the
1 case really has quite progressed io
*hat point wherein the real hypo-
fhefical question should be expecte 1
f o make its appearance. But it .s
; very near.
In the famous trial of Harry Thau
j when there'was mo question what-
j ever of who killed Stanford White,
I the hypothetical questions asked of
[the experts often ran into the thou-
j sand9 of words. 'Indeed, one question
I was asked, if I remember correctly,
that contained over five thousand
I words.
If the lawyers in the Frank ca3e
get to handing those sort of queries
around—and both sides likely will
plunge heavily into the hypothetical
question pool, the water being fine
or not, as they individually may vio.v
it— the Frank case likely will get so
very complex that ordinary folks will
find it extremely hard to follow ,ts
movements.
Jury to Bear Burden.
The jury, being on its oath fair and
impartial, will undertake, of course,
to get its mind exactly right on the
questions of boiled cabbage.
A human life, an emwhile happy
home, a wife’s all and everything, a
mother's ltfve and confidence, a man s
dearest honor, and the sympathy and
loyalty of hundreds of devoted friends
—these all are depending, in large
measure, upon what the jury in the
Frank case finally will conclude In
respect of the digestibility of boil2d
cabbage!
If it were not such a serious mas
ter—such a very, very serious matter
—one might almost be tempted to
smile grimly to himself, that so much
should depend upon seemingly so
commonplace a thing as boiled cab
bage.
It would be a frightful thing to
send a man to the gallows upon an
incorrectly diagnosed condition of the
TO BEAR ORDEAL OF ML
By TARLETON COLLIER.
alimentary canal, dependent entirely
upon boiled cabbage, and yet it would
be equally as frightful and unfor
tunate if justice should gravely mis
carry and responsibility for little
Mary Phagan’s death fail to be fixed
righteously, because the jury missed
the vital controlling point in respect
of boiled cabbage.
It Is upon trifles light as air—not
that boiled cabbage ever sat that
lightly on human stomach—that grave
issues often turn; and thus not infre
quently “native hue of resolution
sicklied o’er with the pale cast of
thought,” as Hamlet says.
Has Jury Tried Experiment?
Was the jury progressing satisfac
torily toward the acquittal of Frank—
or unsatisfactorily, as the case may
be—when it ran afoul of boiled cab
bage, that to give it serious pause?
And Would it be right or wrong,
proper or improper, now to feed the
jury one meal of boiled cabbage, thus
to let It see by personal experience
what becomes of that article of diet,
once it Is introduced Into the human j
stomach ?
Would that be dangerous to the
State, in that it might breed a variety
of opinion in the minds of the jury
sure to produce, at least, a mistrial, or
an acquittal—or would it so shatter
all doubt in the jury’s mind as to pro
duce conviction’.'
Has - he Frank jury inadvertently
been fed some boiled cabbage al
ready, and did every juryman partake
thereof—and if so, will that, in either
event, be grounds for a new trial?
Far be it from me even to guess, so
hard, is the battle for and against Leo
Frp.nk being fought!
26 Swept From Dock
By Wash From Liner
Special Ca'jle to The Georgian.
HAMBURG. Allg. 4.—Two persons
were drowned and 24 others wore se
riously injured at WTttenburg to-day
when they were swept from a dock
into the Elbe River by the wash from
the great liner Augusta Victoria. The
liner was traveling at a fast rate of
speed which caused the accident.
3-Cent Fare Fight In
Detroit Nears Crisis
DETROIT, MICH., Aug. 4.—Interest
ing developments in Detroit’s fight for
3-cent street car fares are expected
next Thursday.
Mayor Mark has advised all pas
sengers to refuse to pay more than
3 rents after Wednesday and to de
mand transfers. The Detroit United
Railway probably will refuse to accept
the 3-cent fare.
Municipal ownership is what the
city seeks, and is likely to attain.
The United States Supreme Court has
declared the railway has* no rights In
Detroit’s streets, as many of the fran
chises have expired.
New Plan To Spend
V, Astor’s Money
Special Cable to The Georgian.
LONDON, Aug. 4.—A London paper
makes the following novel sugges
tion:
“Why does not Vincent Astor strike
a new note in philanthropy? All phil-
anthropiots think they have earned
praise when they have helped the de
serving. They have merely done their
bare duty.
“Real charity begins only when we
have helped the undeserving.
“Here is a chance for Vincent Astor
to be genuinely original, and at the
same time a benefactor of the human
race by aiding the undeserving.”
Women are brought into a court
room, as all the world knows, for one
of two purposes. Their presence may
have a moral effect in poftenlng the
heart of a Juror, particularly if they
be young, pretty or wistful of counte
nance. Or they may be there on the
affectionate mission of cheering and
encouraging a beloved defendant.
Two women sat with Leo Frank
through oil the hot, weary days of
last week. Their object was the one
or the other. Which?
A study of these women was the
answer. Everybody studied them.
Everybody knew that love and trust
inspired them. Whether Frank be
innocent or guilty, to his credit be
it said that he is loved by the women
closest to him.
His mother was one of the two,
a woman on whose face was written
plainly the story of a life in which
there was much of grief, much of the
tenderest joy, much of loving and be
ing loved.
Tragedy in Mother’s Face.
Her eyes were sad. Her features
never lost their tragic composure.
But it was plain that smiles had
come often to her in the course of
her life. The face is* common to
mothers.
The other woman was his wife, a
robust, wholesome young woman.
Her face was the placid face of one
whose life has been pleasant. No un
happy event had come to mar a single
feature. None of the troubles that
had been the mother’s had come to
her, until this calamity.
If the younger Mrs. Frank were not
so plainly the sane, rational young
woman that she is, you would say that
she should be overcome by the cir
cumstances of the accusation t and
trial of her husband. She impresses
you as being very young, indeed. But
she is too wholesome of mind and
body. You see that, as you study her.
. She is* reserved, too, In a sort of
proud way. It Is not a natural pride,
but p. glory In her love for the man
on whose chair her arm rests, day
after d^y of the trial.
This proud reserve is the mother’s,
too. These women do not laugh at
the not infrequent ludicrous incidents
that ari3a. They do not smile, ex
cept when the man at whos*e side
they sir smiles into their eyes. Neither
do they cry.
It is this reserve I hat supported
them through the ordeal that came
Friday and Saturday. Two physici
ans were on the stand, and the things
they to! ’ was not fit for casual con
verse tic n. Other women left the
room.
Womanly Re^orve—rand Ugly Words.
But the two had come to be with
Leo Frank. Through all the ghastly,
sordid revelations they sat, armed
with this quality of womanly reserve.
The face of the younger woman
quivered at times, involuntarily. But
for most of the time the two sat
unmoved, as if unconscious that hun
dreds of curious masculine eyes were
n them, after the unsparing way of
masculine eyes*, to see how the ugly
words affected them.
Through it all the women looked
straight ahead, as if seeing nothing.
The arm \of Mrs. Frank, the wife,
rested on the back of her husband’s
chair, encircling his shoulders and
lightly touching them. Now and then
the hand pressed his arm as a par
ticularly revolting bit was uttered.
It wap a sublime courage and re
serve.
You knew then that the presence
of these two women in the court room
was not for its effect on the jury, not
for affectation, but for the encour
agement of the man who is on trial
for his life.
These are not women, is your con
clusion, to sit in company with an ac
cused man for policy’s sake.
You would find your conviction
deepened could you see this mother
and this* wife with Frank in the ante
room of the court during recesses.
They are not demonstrative during
the trial. There is a smile now and
then, for a bare second, and nothing
more.
The Reserve Is Broken.
But when recess i» taken, and the
court room is cleared, and the prison
er and his wife and mother are to
gether in the little room at the side,
the reserve breaks*. The wife kisses
her husband, freely, tenderly. Then
the mother. After that they part, he
goes to jail, and they await the call
of court.
When the trial begins, they usually
are In their chairs waiting for him.
He enters with the deputy, to be
greeted by a smile or merely a look
from them. They are a reserved peo
ple, these Franks.
And it is all very plain why these
women come to court, and sit by the
side of the man who Is on trial.
Not for effect, surely.
Crank Claims He Is
Mrs. Wilson's Fiance
i
CHICAGO. Aug. 4.—The police are
holding Cyrus Shank, a niee-appear-
ing young man. who walked into thc-
Oak Park Y. M. C. A. and announced
that he was the fiance of Mrs. Wood-
row Wilson.
“I want to join, and you can charge
the expense to Mr®. Woodrow Wil
son,” he said to the secretary behind
the desk. “I am »oon to marry her.”
The police were called. Shank’s
father,said the young man has been
demented for several months.
Health Restored by
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If you ar*> a mfforer from Glandular Tutwr-
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257 I.aruston St.\ Phils.’, Pa.
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