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THE ATLANTA OEOTCCTAN ANT) NEWS.
3
CONLEY’S MIR LIES OF
LITTLE MOMENT IP JURY
By JAMES B. NEVIN.
“Gentlemen of the Jury, having
heard from James Conley, the black
est, most damning story ever told in
Atlanta by one human being against
another, having sat there and listened
as he smudged with unspeakable
scandal the defendant in this case,
Leo Frank, although it is irrelevant,
Immaterial, and has nothing to do
with this case, you will kindly forget
it, being on your oaths as jurymen to
consider the evidence declared com
petent!"
And the jury, being like most other
juries, in one way and another, and
having heard all the things as afore
said, will promptly proceed to do as
instructed about forgetting it—NOT'
I have heard juries told too many
times to "forget" things—such, for
instance, as that there is no such
thing as "unwritten law" in this
land of the free and home of the brave
—and I have seen too many times
those very same juries proceed to
"forget”—NOT!
Juries are, after all, composed of
mere human beings, and things such
as Conley said to the Frank jury can
NOT be forgotten, and will NOT be
disregarded by the average jury.
Merely Question of Belief.
It is merely a queston of whether
the jury BELIEVES the negro!
There was something infinitely pa
thetic in the situation Tuesday, when
court met in the afternoon.
For one thing, it brought to the
cheeks of the defendant’s wife, al
ways and* ever at h’*- side, the first
tears I yet have seen fall from her
eyes.
She has borne herself with amaz
ing fortitude thus far—the wonder is
that she has not long ago collapsed.
When Reuben Arnold, moving to
strike from the record the vile story
of Jim Conley, paused a second before
reading the exact words he desired
expunged, 'ooked a moment in the
direction of the defendant’s wife, arid
said, with no show of spectacular
whatever, "Your honor, I would pre
fer not to read this in the presence
of these two ladies, and I therefore
pass it to your honor that you read
it in silence!” The moment was tens?
and tragic!
Weeps For First Time.
I do not know whether it was grati
tude to Arnold for the kindness and
consideration thus shown, whether it
was realization of the weighty pur
pose of the motion, whether it was the
first chilling breath of apprehension,
or hether it was just a physical giving
way that moved Mrs. Frank. ‘What
ever it was, as Arnold passed the pa
per along to Judge Roan, the first
tear I ever saw from the eyes of
Lucile Frank trickled down her cheek
and she dropped her head in her
hands for a moment or two and
sobbed!
had remembered most amazing and
inconsequential details—such as the
fact that a woman who called to see
Frank on Thanksgiving Day wore a
blue and white polka dotted dress, a
green hat and white shoes and stock
ings—under cross-examination he
could remember nothing at all save
after the most persistent prodding.
Time and again Mr. Rosser had to
go over the entire ground of an entire
situation to draw from Conley one
further comment upon it. Questioned
on his story under ho*h cross and
direct examination, tne negro was pai
enough in reply—on other points he
was as vague as he possibly could
be.
Twenty-one time* Tuesday he ad
mitted to Mr. Rosser that he had
"lied." Seven times in addition to
that he admitted that be had been
"mistaken."
As the cross-examination pro
gressed, too, it became eviden'
enough that the defense is to hold tin-
entire charge against Frank to be
largely a "frame-up," with Conley as
the bright and particular star about
whom It revolves.
The negro said he at first refused to
speak of the crime at all, and when
he did speak deliberately lied because
he "wished to protect Mr. Frank.”
"He was my yourtg superintendent
—I would have done anything to save
him," said the negro—whether with
sinister cunning or genuine sinceri
ty, the jury must say.
Showed How Negro Lied.
And yet. with Conley’s own lips
Rosser showed how, time and again,
he deliberately lied about his move
ments on the fatal Saturday that
was Mary Phagan’s last on earth—
after he had said that he had looked
in vain for help from Frank, and was
then determined to tell "the whole
truth I"
After Conley's excuse of protect
ing Frank had been shattered by the
negro’s own "confession,” he had to
make three subsequent and different
"confessions" before he got things
shaped to his liking—and eevry time
he readjusted his story it was changed
to mee the ever bobbing up objections
to the story of the day or two be
fore.
Continuously Mr. Rosser referred to
the fact, always admitted by the ne
gro, that his various affidavits were
changed "at police headquarters," In
the presence of officers, "after being
released from jail and carried to
headquarters."
There are dozens of puzzling in
consistencies to be bridged over in
Conley’s story—scores of things yei
to be explained and straightened out.
And yet—
In the average mind I doubt wheth
er Conley’s story has been seriously
Apparently theTe was nothing in the j discredited in the main.
Incident, either upon the part of Ar
nold or the woman, designed to be the
There are people who admit, read
ily enough—hundreds of them—that
least bit theatrical. The jury had Conley is a liar, a thousand times
been removed, the stage settings were
wanting.
It merely was a natural and minor
incident that tugged, somehow', at the
heartstrings and caught at the throat.
In all the packed courtroom there
were two women only—beyond that,
there was a morbidly hungry crow'd of
men, ready to grasp greedily at any
thing sensational.
Arnold denied the crod for the sake
of—the w’omen.
And now’ the jury has been asked
to forget the damning thing that has
been said to it, that has been said
in the presence of the wife and the
mother—and that was too vile to say
a second time in the presence of the
latter!
Do you think the jury WILL for-
g et __(io you think it CAN forget?
Maybe you do—I don’t!
No Chance for Collapse.
And as to Conley and his story In
its entirety—the spectators in that
courtroom have been looking for Con
ley to "break dow'n," to fall on his
knees and confess it all a lie, and all
that sort of thing.
There never was any chance that
Conley would do that. It should be
borne in mind that to "break down’’
Conley’s story does not necessarily
mean to break down Conley—to col
lapse him.
The point is: Can the defense—has
or will the defense—so UNDERMINE
Conley’s story that, through the in
troduction of other evidence, it even
tually will fall to the ground as a
mass of lies?
Slowly, but persistently, with dead
ly Intent even If with tediousness of
method, Luther Z. Rosser for more
than two days has attacked the amaz
ing and terrible story upon which the
State hopes to convict Leo Frank of
the murder of Mary Phagan.
Rosser has been almost maddening
in his patience with the negro. He
has gone over the same ground, time
after time, in his efforts to get Con
ley’s various stories adjusted to the
purpose of the defense.
• Conley, rapid-fire enough In direct
examination, rattling off his grew some
and frightful story as if it were a
recital of an altogether common
thing, became quite another Conley
under cross-examination.
ZZZZ2.
7Zr/Zp7ZE‘.
over, a loafer, and an utterly unde
sirable citizen.
Doubt Slowly Crystallizing.
They will say thus and so to his
disparagement, but
Fateful, suggestive, profoundly
melancholy "but" for Leo Frank!
It bespeaks a widespread and crys
tallizing doubt that Is dangerously
incompatible with Frank’s hopes for
life and liberty and the restoration
of his good name.
With all the undermining and in
congruities of Conley’s story that the
most subtle ingenuity of the defense
can conjure to its aid, the jury has
been given a story which, if so much
as 5 per cent of its sticks, likely will
serve to convict.
The primary circumstances—these
might be swept a9ide like chaff be
fore the wind, if only Conley’s story
might be crushed to earth and made
absurd.
But there is the story in all its
abundance of sinister detail—th*
comings and goings of questionable
men and women, the negro, time and
again, on w r atch downstairs, respond
ing to signals, the connivance of the
negro with the white man in unna
tural and perverted practices, the
coming of innocent little Mary Pha
gan, the pattering of anxious feet
above, the suppressed scream, the call
to Conley for further assistance In
consummating unlawful deeds with
women—this time murder—the re
moval of the body, and the promise to
pay on some subsequent day!
And Details Matter?
Will the story thus given to the
Jury, unless completely and alto
gether broken down, ever be re
moved from its mind entirely? And
unless it is removed entirely, can
Frank hope for acquittal?
If It is, in its essentials, the truth,
what w r ill the jury care about the
exact time at which Conley bought
some whisky on Peters street; or
whether he went straight from Pe
ters street to the laundry; or whether
he remembers the mythical "woman
in green who went up the factory
steps,” no matter how vitally impor
tant these things may be to the sus
tained truth of Conley’s story.
Conley may lie in a dozen details
Where but a few moments ago he of his story, he may have readjusted
THE CRUISE OF THE “PIFFLE”!
Copyright, 1913, International New* Service.
“Cheerily, my hearties! Why, this is indeed a pleasure! To what am I indebted for this unex-
pectulated impingement? Who are you guys, anyhow?” This sailor-like language was uttered by
that bluff old sea dog, Professor Slick, the first navigating officer of the battleship “Piffle,” as he sur
veyed two strangers who had just entered his cabin. “I, sir,” said the elder, “am The Spirit of ’76! Can
I be of any use to you in the Japanese matter?” “And I,” said the other, “am the Monroe Doctrine.
Is there anything doing in my line in the Mexican mix-up?” “Gentlemen,” said Professor Slick, “I
am at present considering whether to adopt a policy of discombobulous mediation or rambunktious
protectorosity in the matters you refer to. My friend, Admiral Juice, here, will give you a lecture on
the subject!” “With pleasure,” replied the Admiral, laying down a bunch of Chautauqua reports, “but I’ll
have to charge you two dollars apiece. You know living is high!” Suddenly the boatswain of the “Pif
fle” entered, leading two large and active dogs. “What shall I do with these?” he asked. “Put them in
the back parlor and tie them up tight!” replied Professor Slick, promptly. At this moment, without
any warning whatever, the most frightful and discordant yells were
To be continued—pretty soon.
GIGANTIC TASK II FACE
By L. F. WOODRUFF.
it continuously under the direction
of Tom, Dick, or Harry, he may be
everything he ought not to be—and
yet, if one BIG detail in his awful
story sticks in the minds of that jury,
Leo Frank is undone hopelessly.
If the story Conley tells IS a lie,
then it is the most inhumanly devil
ish, t he most cunningly clever, and
the most amazingly sustained lie ever
told in Georgia!
Every little detail, as finally ad
justed—and not then until Conley
went upon the stand Monday—fits
the necessities of those bent upon
Frank’s conviction. If it is, as the
defense contends, a "frame-up," it is
a diabolically smart "frame-up"—one
can not escape that conclusion!
Girl’s Visit Dovetails.
Even the coming an d going of
Monteen Stover, the five minutes of
time in which the primary circum
stances might be made to dovetail
into the Conley story, is cited by the
witness Conley as the very period of
time wherein Conley, sitting in the
dark hall below, heard pattering foot
steps above, the faint scream, and im
mediately after Miss Stover went out,
the tiptoeing of Frank to the front,
and then the story of the death up
stairs.
Monteen Stover could not have
chosen a more exact and useful mo
ment to wander in—and yet, she
heard no scream, although, she did
not see Frank in his office during the
few minutes she remained upstairs.
If the Conley story is a lie. if it has
been TOO CLEVERLY "framed up"
—if and a thousand other "ifs”—
what matters that?
It matters this: If it be a lie, it
MUST break down. somewhere,
sometime; if be the truth, it will
stand against ALL the assaults made
upon it!
It has come to the point where one,
seeking the truth, a nd justice and
the right, to all men at all times and
In all circumstances, can only say he
will leave It to the jury—and that the
JURY will speak the TRUTH!
Crowd at Frank Trial Set
Like Adamant in Opinions
By 0. B. KEFLEIi.
‘Wilsonade’ Routs
Bryan Grape Juice
WASHINGTON. Aug. 6—-"Wilson -
ade,” the new Capital drink, made of
orange Juice and plain water, has
completely routed Bryan grape juice
out of Washington.
President Wilson is sponsor for the
new drink, and it is prepared espe
cially for him in the White House
kitchen each morning. A dash of
powdered pugar may be added if de
sired.
Isadore Duncan’s
Motor Is Wrecked
6pecial Cable to The Atlanta Georgian.
PARIS, Aug. 6.—Isadora Duncan
gave proof of her stoicism the other
night when her chauffeur flung her
car at full speed In pitch darkness ! boy should thus be railroaded to his
The impression persists that court
room crowds are made up in the
main of two classes, as follows:
(1) People who take it for grant
ed that .any person being tried on
charge in any court is guilty, and E. i
some.
(2) People who are constitutional!}
incapable of believing anybody
guilty of anything whatever.
That is one powerful impression 1
gained at the Frank trial. It is an
impression sticking out pointedly in
the wake of the Thaw trial, and tht
Nan Patterson trial, and the Bento
trial, and the Hyde trial.
All three of the Hyde trials, in fact ,
Never an Opinion Altered.
At the risk of being convicted of
exaggeration in the first degree, the
writer, who was rather intimately
associated with the celebrated poison
case, would estimate that 18.397 per
sons expressed in his hearing what
they insisted were unalterable opin
ions as to the guilt or Innocence of
the accused physician before the jury
in the first trial had been impaneled.
And of the 18,397 (estimated) not
one single instance Is recalled of on-?
single opinion being altered.
The fact that the physician was
convicted on his first trial made not
the least difference to those who be
lieved him innocent.
Court Ruling Mattered Not.
The fact that the Supreme Court
reversed and remanded the case for
further trial made not the least dif
ference to those wno voted guilty.
The second and third trials, one
of which resulted in an escaped juror,
ileeing madly by way of a rain spout
from the dread lair of the hypothet
ical question, and the other in a hung
Jury’, had no perceptible effect on the
factions.
Except to solidify them in their
original beliefs.
One side desired to take steps at
once.
The other side named men-chil
dren for the object of a persecution
unparalleled since the days of Nero.
Arguments Never Will End.
And if Bennett Clark Hyde’s an
nual trials proceed as per schedule
until the year 1950, there will be
hoary-headed wrangling over the
same old points, by the same ancient
and original wranglers, lined up the
same way as when the greatest mys
tery of the West came to the fall of
the gavel in the opening trial.
Take the Beatty Case.
There were men and women—you
know some of them—who raised
frantic hands to heaven, that a poor
RICH EH RULE
against the cloaed barriers of a rail
way crossing at Mondragon village.
Instead of Jumping out. under the
stress of the ghastly memories of her
children’s fate, she remained in her
seat and a little later reached Orange
practically unhurt.
doom.
They were about set to buy mileage
and travel to throw themselves and
their petitions at the feet of a cruel
and callous Governor.
And then Beatty confessed.
Did that still the trouble lachrymal
waters?
Not precisely. .
They said the poor boy’s mind had
beep weakened by his persecution.
And if you are in a hypercritical
mood or are otherwise disposed to
stick pins in toy balloons, just ask
your memory to inform you how
many times yon have heard these
pronouncements since the trial of
Leo M. Frank began:
First: "Well, I’ve been absolutely
certain from the very first that Frank
did it.”
Second: "Well. I never have be
lieved that Frank was guilty of that
crime.”
And now do you feel hypercritical?
And now’ do you fancy that 18,397
is an inflated estimate?
Third Estate as Judicious.
Of course, there must be a Third
Estate—a well-balanced, thoughtful,
cautious body. Particularly cautious,
and slow of speech—mayhap in some
sporadic instances slow of thought.
They are the judicial ones. They
hold the balance open at both ends,
to receive and weigh the testimony
and the facts.
At least, they say they do.
That would be the Jury, perhaps.
And some others—perhaps.
Gerard Threatens to
Quit as Ambassador
Special Cable to The Atlanta Georgian.
BERLIN, Aug. 6.—Justice James W.
Gerard, of New York, the Ambassador
to Germany, after inspecting all the
available houses in Berlin, says that
unless he succeeds in finding a place
adapted to the requirements of him
self, his family and the embassy, he
was seriously considering declining
the post of Ambausudor.
He has been unable to find quarters,
although he is willing to pay for them
out of his private means.
Aero Manufacturer
Fails for $6,000,000
Special Cable to The Atlanta Georgian.
PARIS, Aug. 6. Extravagant living
and speculation in the silk trade were
declared to-day to have caused the
downfall of Armnnd Duperdessin, who
was arrested yesterday on the charge
of fraudulently raising millions of dol
lars for the extension of his aeroplane
factory.
M Duperdessin’s liabilities amount to
$6,000,000, whereas his assets are given
at only $2,000,000.
Morgan Held House of Rishops in
Hollow of Hand, Asserts Epis
copalian Rector,
I’Tactically the entire case on which
the State of Georgia bases its claim
on the life of Leo Frank to pay for
that life taken from Mary Phagan is
before the Jury.
Most of the remaining evidence of
importance which the Solicitor Gen
eral may introduce merely will be re
buttal to testimony presented by
Frank’s counsel.
Whether the evidence presented is
strong enough to convict is a question
for the jury to decide. Whether the
testimony introduced by the defense
will be convincing enough to cause
the reasonable doubt which th e law
says shall make Frank a free man or
whether the defense’s attack on the
State’s case has been of sufficient
strength to create a question in the
minds of the Jurors, time alone will
tell.
But this fact remains unchallenged:
Every single thing that Solicitor Gen
eral Hugh Dorsey declared in advance
that he would get before the Jury is
there now’. It may not be enough to
convict, but the case which the State
said fastened the crime on Leo Frank
has been put In evidence.
Dorsey Had Huge Task.
One by one the prosecutor has
forged the links in the chain that he
maintains fixes the guilt of the Pha
gan murder on Leo Frank and Leo
Frank alone.
It has been long, tedious work.
Dorsey has had to fight against con
siderable odds, but his work has been
well done.
When the defense has its innings,
the chain may be torn asunder as
though struck by lightning, but that
will be the work of the skilled attor- j
; neys who are fighting to save the life ;
, of the pencil factory superintendent, j
Here was Dorsey’s work: He had \
I to adduce enough circumstantial evi- j
| dence to corroborate the testimony 1
of Jim Conley before his cause could
| even be seriously considered. The un
supported word of the negro sweeper
would have been about as valuable as
a punctured drum. The Solicitor
knew this. «
First, he had to prove the venue.
He had to locate Frank in the Na
tional Pencil Company factory at the
time Mary Phagan was slain. He
did this by the unattacked testimony
of many witnesses. He did it so
thoroughly that the defense has tac
itly admitted that Frank was at the
factory about the time he deed was
supposed to have been done.
Question of Time Settled.
Then he had to prove the time.
According to the. State’s theory the j
murder was committed about 12:10
on Memorial Day. Frank himself has !
said and his employees and his as- | - r-—
sociates have testified he was there 1 j ,»> s V n „
and the chain was practically com
plete.
As has been said before, this chain
may not stand the acid test of the
defense’s attack. It may not be
strong enough even unattacked to
convince the jury that Frank is re
sponsible for Mary Phagan’s death.
But it Is what Dorsey went out to
get before the jury. He has done it.
And he has done it practically un
aided. The valuable assistance he
had reason to believe he w’ould re-
the greatest blows to the State’s case
have been delivered by detectives,
supposuiy expert witnesses who have
been unable to withstand the cross
fire of Luther Rosser.
The case has meant a lot to Dorsey,
and right now, with the thrilling bat
tle approaching its final stages. Dor
sey stands out as big and command
ing a figure as the brilliant lawyers
against whom he Is arrayed.
He may lose his case, but if he
does he will come out with reputa
tion enhanced.
PHILADELPHIA. Aug. 6.—"Our
House of Bishops is led in tow by
Wall street. The lat J. P. Morgan
was the power behind Bishop Greer,
and he held our House of Bishops
in the hollow’ of his hand,
"The cathedral on Morningside
Heights is a standing monument to
our New York corrupt money power.
It is the embodiment of ecclesiastical
snobbery, spiritual frippery and moral
incompetency.
"Since the day of Bishop Potter the
diocese of New York has been in con
trol of half a dozen plutocrats. In
Philadelphia the Episcopal Church is
‘run’ by n few rich men They c on
trol the Bishop (Rhinelander), who, in
mental ability, personal authority and
moral aggressiveness is not, by any
means, a great man.
"August Belmont is at the head of
our race track gamblers. His career
is one of the worst careers for an
American youth to Imitate. Yet he
prominent in the Church of the As
cension on lower Fifth avenue."
The foregoing quotations are from
a sermon delivered in St. John'?
Episcopal Church by the rector, thf j
Rev. George Chalmers Richmond.
"In most of the large parishes of
the Episcopal Church throughout the
country we find men |ike Belmont
and the late J. P. Morgan, who curb
the spiritual influence of the clergy,
make them timid, and in the end
cause them to shrivel up morally.
Men in humble circumstances dis
trust our sincerity. The Episcopal
church is not sincere in its present
assumed attitude* toward labor.
"My own ecclesiastical superior
Bishop Rhinelander, was elected two
years ago." said Mr. Richmond,
"largely through the push and pull of
Wall street Interests, corporation law.
yers and social idlers, together with
a few of our clergy among whom tow
ered pre-eminently the Rev. Father
Mortimer, of the ‘High Church gang,'
who has since been disposed from the
ministry for gross immorality."
Grandma Talks
About Babies
Has a Large Circle of Listeners Who
Profit by Her Wicdom and
Experience.
In almost any settled community
there Is a grandma who knows Moth
er's Friend. Not only is she remi
niscent of her own experience, bn*
it was through her recommendation
that so many young, expectant moth
ers derived the comfort and blessing
of this famous remedy.
Mother's Friend is applied ex
ternally to the abdomen, stomach
and breasts, allays all pain, avoids
all nausea, and prevents caking of
the breasts
It is quickly and wonderfully pene
trating, permits the muscles to expand
without the strain on the ligaments
and prepares the system srt thor
oughly that the crisis is passed al
most without the slightest uistresa.
Thus there need be no such thing
as dread or fear.
No better nor more cheering ad
vice can be given the expectant
mother than to suggest the use of
Mother's Friend. She will take cour
age from the beginning The days
will be cheerful, the nights restful.
Thus the health is preserved, the
mind Js in repose and the period is
an unending one of quiet, joyful* an
ticipation.
You can obtain Mother’s Friend of
any druggist at $1 a bottle. Do not
forget nor neglect to be supplied with
this greatest remedy ever devised for
motherhood. It is unfailing. Write
at once to Bradfleld Regulator Com
pany. 133 l^amar Building Atlanta,
for their very interesting and
THE GREATEST
MATINEE IDOL.
book of advice for expec-
at that time. Thin point also is prac- ' ®L 3 -.
tically unchallenged.
At last came the hardest task. He
had to prove that Leo Frank w’rb the
only human being in the pencil fac
tory at that time who could have
taken Mary Phagan’s life.
By every witness introduced on this
point it was shown that as far as
human knowledge goes Leo Frank and
Jim Conley were the only men in that
part of the factory at that time.
Either could have committed the
crime. It was Dorsey's work to place
the blame on Frank alone.
Newt Lee’s testimony was intro
duced to nhow that Frank sent him
away that afternoon. Dr. Harris
testimony tended to show that the
flaying must have been done imme
diately after Frank }iad given the
child her week’s wage and had given
It to her w’hile they w’ere alone. Mi s.
White’s testimony tended to show
that Jim Conley was Bitting down
stairs making no attempt at flight
after the time the crime is supposed
to have been committed.
Then came Conley’s direct evidence
ceive from the police department has
been more or less missing. In fact.
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detention from work.
For Weak Men, Lymph Compound,
combined with my direct treatment,
restoring the vital forces to the fullest
degree
In Chronic Diseases my patient* are
cured in less time, quickly, and I use
the latest improved methods Consul
tation and advice Free. Call or write
DR. J. D. HUGHES,
Oppo«lte Third Nat’l Bank,
16 1 2 N. Broad St., Atlanta, Ga.
Hour#: 9 a. m. to 7 p. rp.; Sundays,
9 to 1.
The Emineni Romantic Actor,
JAS. K. KACKETT,
—in—
“The Prisoner of Zenda.”
ALCAZAR THEATER
ALL THIS W^K.