Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 05, 1913, Image 3

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I keep my corps of competent dentists busy in the dull months, I offer e x c e p 11 o n a 11 y low prices In all my of fices. DR. WHITLAW PAINLESS DENTIST THE ATLANTA GEORGIAN AND NEWS. 'CONLEY’S CHARGE TURNS FRANK TRIAL INTO FIGHT 'TO WORSE THAN DEATH' By. JAMES B. NEVIN. Black and sinister, depressing In Its every aspect and horrible in its gloom, the testimony of Jim Conley in the Frank case was given to the court and the Jury under direct ex amination Monday. The shadow of the negro had loomed like a frightful cloud over the courtroom for days—the negro him self came into the case Monday. And he came into it in an awful and Aunspeakably sensational way! *K, The public was prepared for most that Conley said—it was not quite * prepared for all he said. The State, in its direct examina tion of Conley, climaxed its case against Frank most thrillingly and most abhorrently. If that climax is * not rendered impossible, ridiculous 'and absurd by the defense, then the young factory' superintendent is doomed. It is, indeed, now a battle to the death—and to worse than the death! Either it is Leo Frank's life or Jim Conley’s life that must pay the for feit of Mary Phagan’s untimely and tragically miserable end! Can the negro’s story be broken down? Either it is a pack of horrible and me .strously grotesque lies, or it is a horrible and monstrous recital of trtith. Which is it? That is the problem that MUST be solved—that is the puzzle that MUST be unraveled, if it be so that “truth s mighty and will prevail!” Burden Falls on Rosser. And into the hands of one man— Luther Z. Rosser—has been intrust ed the responsibility of breaking it down so completely that Leo Frank may go forth from that stuffy little courtroom a free man. enjoying again even a measure of the respect and esteem of his fellow men. Within the massive head of Rosser \\ alone is the mental machinery mov ing now to free Frank. Rosser is conducting the cross-examination of v Conley. He is a pastmaster in the art of examining witnesses. True, the keen intelligence of that other remarkable lawyer, Reuben v Arnold, is aiding and abetting the 'Abig man—but the result of the cross ing of Conley, upon which this case unquestionably will turn, will be either Rosser’s victory or Rosser’s defeat. , He must feel to the full the weight of responsibility upon him. Never before in all his long and successful career at the bar, perhaps, has so much depended upon his skill and knowledge of the law, and his re markable ability at making witnesses j Jn tell not only all they wish to tell, but 1 much more than that, if necessary! Conley Is- NOT the same sort of witness Newt Lee was. To begin with Conley is seeking to save his own neck, the while he seeks to place the noose about Frank’s. Gives His Evidence Glibly. He is far too sharp a negro not to know, despite his seeming ignorance in some directions, that failute to convict Frank likely would mean Conley’s subsequent conviction. He knows that as a confessed accessory after th£ fact, th« worst he faces is a few 1 years in the penitentiary, where- as as the principal to the murder, he t would face the gallows. * He delivered his testimony as glib- fly as if he were a phonograph set ^Uroiijg for the purpose, t He rattled it off so rapidly at times . that it was difficult to follow'. He remembered minute details of this, that, and the other—he seemed to have an almost superhuman memory under direct examination, unwinding his tale with few and far between * Suggestions from the Solicitor. His Memory Was Marvelous! It was only when he got to the cross-examination by Mr. Rosser, however, that he recalled possessing, among his other mental assets, even a little bit of a forgettery! Before the cross-examination had proceeded very far, nevertheless, ? Conley recalled that he could forget. Rosser already has mixed him bad ly in many ways. If Conley is telling the truth— which many people believe—even in the main, Mr. Rosser will never shake him to pieces, however much he may shake him in spots. If he is lying—which many people also believe—Mr. Rosser will, shake him to pieces before he turns him loose—it hardly can be doubted. With Conley’s story sustained, de spite the tire of Rosser’s cross-exami nation. Frank is undone and lost for ever* and every damning circum stance cited against him will loom I\large and conclusive in the mar ping I he verdict and public opin ion thereafter. With Conley’s story crushed and flattened out as a tissue of lies re lated to save his own neck, all the ’ circumstances cited against Frank w dl be rated inconsequential and of accouiu.—for without Conley to back them up they are worthless. State Ba»es Case on Negro. The purely circumstantial case against Frank is not strong—the State doubtless recognizes that. It has wise ly and consistently shaped its every endeavor toward Conley as the cli max of its Btory. As the ugly story was falling from Conley’s thick lips, I watched Frank. It will not do to say he was uncon cerned. No person in all that crowd ed courtroom was more concerned than he. More than once he wet his lips witF his tongue and gripped the arms ot his chair tightly. He kept his eye glued to the negro most of the time, moreover—and occasionally he reach ed backward, gently and composedly to grasp the hand of his wife—and always her hand met his more than halfway, There he sat—flanked by the two women in all the world most deeply concerned in the outcome of this trial —Lucile Frank, the wife, and the elder woman, the mother. The one young and beautiful, the other growing old, but still handsome after her type. There is something infinitely be wildering In the situation in that courthouse to-day. Is the awful story Jim Conley rat tled off as unconcernedly as be might recite .the details of a “crap” game TRUE? If it be true, who in all the wide, wide world has been so outrageously and so inhumanly wronged as those two women sitting there beside the defendant? Better for Mary Phagan that she sleeps In her Uttle grave, her mem ory sweet and fragrant as the flow ers blooming about her last resting place, than Lucile Frank—and the mother—if what Conley says is true! Others Face Hell on Earth. At least, to the dead girl has come forgetfulness—and if Frank is guilty, never again to either of the other two women shall peace come this side of the grave. If only little Mary Phagan might sR££k; if only she might say just ONE little word directing each and all of us to the TRUTH of this amarfng, terrible and strange story! She could say—and who can doubt that she, purified of death and utterly unafraid, would say—the' one im pregnable word of truth so neces sary in the present moment? It' is in crises of the present kind, when reason reels and staggers be fore the sinister and deadly story Jim Conley tells, that poor, weak mortals grope and seek to. seize upon the friendly hand of some unseen and Infallible Power, to ask, like a child distress, for guidance... and the strength to see the light! Is .the word of this negro Conley— many times a confessed liar, many times a “jailbird,” many times a loafer and a street vagabond—to serve the purpose of crushing utterly the young superintendent of the pen cil factory, heretofore of unblemish ed character and reputation? Is it to serve the frightful purpose of stabbing the wife and mother to the heart forever and forever, to blacken and make unthinkable the memory of the husband and son? Story Is Not Impossible. Can It be the TRUTH that Jim Conley speaks ? Yes, It can be the truth. It is seemingly far beyond the range of the probable, perhaps, but It is not beyond the range of the possible. It is possible that Conley is telling things as they actually happened, even though lying in parts—it is pos sible, If not probable. It must be remembered that the defense as yet has introduced hq witnesses. Its case still is to be made out. Whatever damage it has sus tained—ahd it has suffered heavily, even at best, it must be admitted — whatever damage it has sustained at the hands of the State’s witness (and such advantages as it has gain ed—and it has gained some advant ages—it has gained at those same hands. Wifi its own witnesses fare better under cross-examination from the other side than some of the State's witnesses have, and yet may, fare under the pitless fire of Rosser? When Conley's horrible story was finished under the direct examination, the spectators ht^d been shocked into almost irresponsible indignation they were In no condition to judge with any approximate decree of fair ness the truth or the falsity of it, in any aspect of those things. Rational men and women, honest men and women, men and women willing for the right to prevail, an.i praying that only the right MAY pre vail, still are strur^Mnsr to keep their minds open and free of prejudice and immature conclusion. Why not. then, resolve in yoar heart and mind this: WHATEVER THE JURY SHALL SAY, THAT SHALL SPEAK THE TRUTH OF THIS TRIAL! LOYAL WIFE OF DEFENDANT IN THE MARY PHAGAN SLAYING CASE Mrs. Leo Frank as she appeared in courtroom Monday. HUiB&s, The wife of the accused continues to sit constantly by her husband’s side at the crucial sessions. Two Men Drowned Trying to Rescue Girl Who Is Saved ALBANY. Aug. 5.—While assisting a party of young women who were taking a swim in Notchaway Creek, near Newton. M. Geise, of Milford, and G. Price Tompkins, of Ameicus. were drowned. The girls, while picnicking on the banks of the creek, went in wading. One of them ventured into the deep water, and Tompkins went to her res cue. As he also went down, Geise Jumped into the water with his clothes on and hastened to them. Both men sank. The girl whose life had been in danger managed to save herself. Searchers found the body of Geise nearby, but they have been .unable to find that of Tompkins. Actress To Appear In Garb Like Eve’s NEW YORK, Aug. 5.—Fanny Ward, the actress, arrived to-day on the Olympic to give American audienoep a thrill or two when she appears in “Madame President,” garbed as Eve. “In Paris I wore practically noth ing at all,” said Miss Ward, “but I shall have to be a little more cir cumspect here. It is necessary for purposes dramatic to wear as little clothing as possible." 3 Newport Belles Swim Mile On Bet NEWPORT, Aug. 5.—Three debu tantes—the Mimes MIml Scott, Elsie Stevens and Rose Dolan—swam from Bailey’s Beach to Hazards, almost a mile, in a rough sea on a wager mad. by Miss Scott that she could make the dWani e without effort. The other girls followed her. OPEN STATE MEET Forsyth Theater Reserved for. the Delegates—Crops and Kindred Subjects Linder Discussion. With every Indication that the registration will go to 4,000 before the end of the sessions, the Southern Merchants’ Convention opehed Tues day morning at the Auditorium. The convention was called to order at 10 o’clock to hear addresses of welcome. At 10;f»5 the real work of the gath ering began, th** topic for the day be ing crop diversification. Related subjects, f*uch as marketing grain, live stock and the effect of this course on credits, were scheduled for treat ment in addresses. The delegates will go to the For syth Theater Tuesday night. The entire house has been reserved for the-occsaion. The registration office opened at the Auditorium Tuesday morning at ? o’clock, and . wap busy from that time forward. There will be no sessions Wednes day, but they will be resumed Thurs day. Mrs. Marshall One Of Capital’s Tans’ WASHINGTON. Aug. 5. — Mrs Thomas R. Marshall, wife of the Vice President, is one of the most inde fatigable baseball fans in official Washington. She attends every game played here. She know? each of the players by sight, and often adds* her voice to the general shout when the Nationals score a run. When the team is out of town, Mrs Marshall frequently may he seen in U ?T automobile before some score- j board watching the returns with in- l tereat. . _ Lifelong Friends Die Within Few Hours; Funerals Together Born in the same neighborhood in the same year, reared together, in business together, and chums through out their lives, John A'. Tuggle, No. 193 West Fourteenth street, and G. E. Wallace, No. 707 Ponce DeLeon ave nue, died within 30 hours of each oth er. Mr. Tuggle died early Monday morning, and Mr. Wallace died late Saturday night. Their funeral will be held together at ’ 4 o’clock Tuesday afternoon at the Peachtree Baptist Church, and they will be buried side by side in the old churchyard. The two rnpn were each 33 years old. They were bon in Atlanta With in a few doors of * ach other, and their entire boyhood was rfpent together. They attended the same school, played baseball on the same teams, and studied together. When they reached manhood there was a double wedding. After their marriage Mr. Tuggle and Mr. Wallace were asso ciated in the contracting business for many years. Mr. Tuggh- is survived by his wife, one child, three brothers and four sis ters. Mr. Wallace leaves a wife, one child, two brothers and five sisters. Policewomen Have Men to Guard Them CHICAGO. Aug. 5.—Chicago's wo men police officers to-day took the oath of their offices and went to work. The women were given their stars, but they were not ordered to wear uniforms or carry clubs or re volvers. They will work in pairs with a male officer trailing them to aid in any difficult cases in which they may be come involved. MACON PRIESTS MOVED. MACON.- The Rev. T. D. Madden, pastor, and the Rev. J. Brown, as sistant pastor, of St. Joseph’s Cath olic church, have been transferred to New Orleans. They are succeeded here respectively, by Rev. Mr. Frank- hauser and Keif, Mr. Murphy, both of New York. K.IFC.URGEDTDI RAISE SOCIAL Catholic Order Is Exherted by Bishop to Join Church, Not Socialists, in Fight. BOSTON, Aug. 5.—Bishop Joseph J. Anderson, in addressing the thirty- first annual supreme convention of the Knights of Columbus here to-day, said in part: “It Is well for us to learn from the experiences of Europe the dangers that threaten us here. We see how the enemies of religion fully realize the power of organization, and. profit ing by the apathy and indifference of Catholics, have managed to gain con trol in Europe of tfre reins of govern ment and the public press, with the result that they have been able t,o enact unjust laws and shape public opinion against her. The people have remained—through lack of or ganization and through long inac tivity and indifference to their condi tion—hopeless and helpless. Takes Up Social Question. “There is one great problem that perplexes the world to-day, in which the church is deeply interested be cause it affects not only the welfare of her own members, but the general welfare of society. It is the social question. "The desire and effort of men to improve their social conditions, so long ignored and abused by the pow erful and rich iff every land, have so fired men with frenzied passion that they have been captivated with the program and principles of reform presented to them by Socialism and by the methods of physical force of fered by anarchy. “The material benefits to be de rived from these efforts of reform have caused them not only to ignore religion, but to consider it a hin drance to success. This hatred and contempt for the church and (*irist has been due to the principles taught the struggling masses by such the ories as the descent of man from the ape and the materialistic conception of history. This pagan view of life holds sway in men’s minds. Urges Knights to Co-operate. “Fortunately there is an awaken ing in this country to this danger that threatens the welfare and se curity of society and there is an ear nest desire on the part of all right- minded and public-spirited men to seek the solution of these social problems. “What, then, is your duty as Cath olic Knights in this great problem? It is to take your place In answer to the appeal of the Holy Father and in response to President Wilson’s ap peal to co-operate for a solution of these eVlls.” .YOUR NERVES NEEO Horsford’s Acid Phosphate Especially recommended for physical arul men tal exhatMten, nervouaneaa and Insomnia. Ad?. Resinol Don’t itch! use Resinol Just put a little of that soothing, antiseptic Resinol on the sores and the itching and burningstopright there. Soon all trace of eczema or other eruption is gone. Prescribed by doctors for 18 years. For liberal sample and booklets write to Dept. 84-S, Resinol, Baltimore, Md. Sold by every druggist. GOOD WORK Allred Vanderbilt Is Frozen Out of Society Yes, the head of this noted family returns to Newport with his new wife to find all his old friends “not at home.” You can read all about it in Next Sunday’s American and at the same time feel certain that a similiar fate cannot be meted out to you in Atlanta, for even if the doors are closed, Polly Peachtree will take you into the innermost circles with her chatter of all the lively doings of the gay pa tricians. And it matters not whether the fair reader is plan ning a trip to a country club or merely a stroll on Peachtree Street. Mine. Cavalieri’s Beauty Secrets which will appear in the same issue are sure to be a joy to the feminine mind, for the famous prima donna will tell how to save the beauty of the mouth. Like wise LADY DUFF will bring to the households of Dixie the most striking features of the latest Paris modes, show ing in a charming color page the mannish tendencies of the fash ions abroad. Moreover this great Sunday paper will contain another thrilling story by Sophie Lyons, the famous Queen of the Burglars, on WHY CRIME DOES NOT PAY These special features, and dozens of others, coupled with all the news of whole world, are bound to make next Sunday’s American e* m m ■ i n ■ which it would be folly to ignore. So insure yourself a day of solid enjoyment and instruction by ordering from your dealer at once or by phoning your order to Main 100. KAIN