Below is the OCR text representation for this newspapers page.

JIM CONLEY. THE OF ! S Y E, IS PROSECUTOR DORSEY SNAPPED IN ACTION By JAMES B. NEVIN. This shows the Solicitor in an argument at the Frank trial. Now that James Conley has been dismissed from the Frank trial, now that he has stood safely the Are of Mr. Rosser's most exhaustive grilling, what of him? If Frank is convicted, Conley sub sequently will be convicted, no doubt, of being an accessory after the fact of Mary Phagan’s murder—and that will mean three years, at most, In the penitentiary. After that—when the Frank trial, more or less, has been forgotten— Conley will be at liberty to come back amongst the people of Atlanta. Not far from Five Points, a little due east along one of the big thor oughfares meeting there, there is a negro bootblack who now and then, when he is on the Job, which fre quently he isn’t, gives me a "shine” so much to my liking that it brings me back on other days. He is a sort of Jim Conley negro— at least, he has a smattering of edu cation, an Ingratiating air, and is po lite. particularly when it pays him to be. Quite without previous design, 1 stopped at this negro’s stand Wednes day afternoon, and it was not long before he mentioned the famous trial. He having started the conversation, 1 asked him a few questions—and his replifs, given herein in part, rather set me to thinking. “Complimented on All Sides.” “George.” I said—not that I know his name Is George, but that it so happens 1 address* negroes unknown of name that way—“what do your friends down on Decatur street think of Jim Conley’s story over yonder in the big court? Rather clever, negro, Jim, eh?” said I to this bootblack. "Well, boss, dat Mr. Rosser ain’t made nothing on Jim yit, is he?” re plied George. I ventured the opinion that Mr. Ros ser failed, at least, to make Jim out so many dffferent kinds of a liar that his story might not stick in spots. "Well, hosd,” continued my bureau of information, “dem niggers down on D< cutur .street, dey ain’t talking of nothing but Jim Conley. He’s de most talked about nigger anywhere, 1 guess. I hears him complimented on all sides!” 'In other words, Jim's a sort of hero along Decatur street nowadays?” said I. “Yassir, dat’s it—Jim’s a hero. Nig gers all talking about him. He done got de best of de smartest of ’um. Nobody can’t fool er nigger like Jim!” Hero Around “Butt In” Bar. I presume, too, that something of the same condition prevails over on Peters street—particularly in the neighborhood of the “Butt In” bar over there. You remember the “Butt In” boo- zorium in Peters street is the one wherein Conley filled up rather freely on beer, the morning of the Phagan murder, also on beer mixed with wine. The “Butt In”, it also will be re called, is where Conley obtained a “double-header” beer—“double-head ers” being the order of the day always ■— .i in the “Butt In;” there being, per haps, some subtly humorous connec tion between “Butt In” and “double- header!” It Is Not Improbable. It is not improbable that many a foaming “double-header” has been dumped Into dusky citizens along the way of the “Butt In” of late—In honor of Jim, and the way he “done got de best of de smartest of um, over dar in de big court!” If Jim Conley ever gets back to De catur street, and hereafter he be per mitted to tread the primrose way of the “Butt In” bar over on Peters, in all probability the drinks will not cost him anything for many days. The proprietor of the "Butt In” doubtless right now would scorn to take Mr. Conley’s honest money—the violent presumption being that Jim ever had, or ever will have, that kind of money—even for “double-headers.' 1 Jim has just passed through the fire. And he got through, his reputa tion more or less damaged for truth fulness, to be sure, but not utterly shattered beyond patching up in such /YWWWfi M. Rich & Bros. Co. White Canvas Pumps A special showing for Friday and Saturday. Some Lace Oxfords included in the lot. A splendid range of sizes. Former selling prices $3.50 and $4.00. Now $7 Spanish Heel Colonial % 5 m to 5 3: i * This style has just appeared on the fashion horizon, and we made the initial showing in Atlanta. All sizes in Patent, Mat (dull) Kid and Bronze Kid. Brooklyn- made, with exclusive cut-steel buckle. Patent, Gun-Metal & Tan Pumps & Oxfords Choice of over thirty different styles selected from our regular stock. Former retail prices $3.50, $4 and $5. Broken sizes. On special sale for RICH & BROS. CO. MRMM “a Department of Famous Shoes.” wise that it might be worked one more time, at least, if necessary. True, Conley already had been in jail seven times that he admits of, and several times more that he can not recall precisely, and that had served to make him something of a hero in darkest Darktown; but Jim’s involuntary residence in durance vile heretofore has been in police circles and mere county chaingangs exclu sively. So that didn’t make him a particularly big hero—albeit it made him a hero not altogether to be sneezed at! Now. however, Jim has been in “de big court,” tangled all up in a mur der case, suspected by some of being a principal to the murder, indeed, but cleverly side-stepping that too deadly peril—and his name has been in all the newspapers hundreds of times, and his picture dozens of times, and before he gets through with it. he will be decorated by the State’s majesty in stripes—but the latter not so long that it will seriously incon venience anybody, particularly J1m' All In all, Jims’ a real hero in darken Darktown, at last—a real ebony chevalier of crime—and those breth ren who frequent the “Butt Ins” and the "Butt Outs,” and booze dispen saries of like persuasion will bow down and worship Jim—for, in their philosophy, of such as Jim is the De catur street "kingdom of heaven.” , Ruling Generally Approved. The general impression seems to be that Judge Roan did the right thing in permitting the Conley story to go to the jury in its entirety, inasmuch as it had gone in deadly part, any way. Perhaps the evidence fixing upon Leo Frank another crime than the one he etands charged with under the present indictment was, primarily, Inadmissible, but there was no way to relieve the jury of the charge Con ley made, and it would have been hardly fair either to the jury, the court and even to the defendant, *o cut the story off there. If the State is able to sustain its terrible charge against Frank, it per haps is common sense now to let it proceed to tne corroborating of Con ley, if It can corroborate him. To have left Conley’s charge neither contradicted nor corroborated—that would merely have resulted in its probable corroroboration in the minds of the public, if not elsewhere. The things Conley said to the Frank Jury can not be said and then forgotten. It would have been folly to have ASKED the jury to forget—it would have been Imposing upon it an im possible mental task. Other Charge as Serious. If it so be that error was com mitted in not ruling out the story, a new trial will be granted, on ap peal, in the event of Frank’s convic tion—and the trial next time un doubtedly will proceed without this particular evidence in. The State can, if It fails to sustain eventually Its charge of murder, still move against Frank, if it so elects, in the other direction—which crim under the Code, Is quite as serious as murder. One may fee! the injustice of fling ing at Frank, while on trial for mur der, another capital charge—still, since the additional charge was ad mitted, with protest, as an original proposition few’ people will contend strenuously that the State should nut be permitted to proceed to the con clusion of a line of evidence begun without protest. I have heard Judge Roan’s ruling discussed about town last night, and to-day. and I heard few’ who find fault in it. Indeed, as matter of simple justice to Frank, no less than to the State— and 1‘ will not do to forget that the State has large rights at stake in this matter—it seems common sense and elementary justice that the State, having made its awful charge, be re quired either to Corroborate it or not. That apepars to he the public at titude in the matter. EXPERT LAST WITNESS CALLED BY THE STATE Judge Declined to Order Out of Record Any of Jim Conley's Testimony. Judge Roan administered a severe blow to the defense Wednesday when he ruled that all of Conley’s story should stand, although portions of it, he acknowiedged. would have been inadmissible had objection been made at the time the testimony was offered. It was a particularly difficult alle gation to combat. Unlike many alle gations, it was exactly as hard to fight in the event it w’as false as in case it was founded on fact. Judge Roan said in regard to the testimony of Dalton that ho did not know’ what it was to b e and that he would allow it to be presented so that he might rule on its admissibility as it came up. Solicitor Dorsey put the final rivet in his case so far as it rested upon the testimony of Conley when at the close of his redirect examination of the negro he brought to light the State’s theory of the disposition that had been made of the Phagan girl’s mesh bag. Practically no mention of the mesh bag had been made during the w’eek and a half of the trial. The only reference made to it was in the ex amination of Mrs. J. W. Coleman, mother of the slain girl, and of the officers w’ho visited the scene of the crime immediately after police head quarters w’as called by the negro nightwatchman, Newt Lee. Tells of Mesh Bag. Mrs. Coleman testified that Mary left home with the mesh bag in her hand. The detectives and policemen all testified that they w’ere able to find no trace of it either the morning after the crime or in the search that had been conducted since then. “Did you ever see the murdered girl’s mesh hag?” Dorsey asked Con ley, just as it appeared that he had finished his questioning. “Yes, sah, I see it,” Conley replied. “Where was it?” “It was right on Mr. Frank’s desk w’hen I went in there to write the notes.” “Did you see what became of it?” “YVs, sah; Mr. Frank w’ent and put it in his safe.” Conley left the stand at 11:10 o’clock still sticking to his charge that Leo Frank killed the Phagan girl and that, at Frank’s direction, he (Conley) assisted in the disposal of the body. He had been on the stand fifteen and one-half hours and under the grilling cross-examination of Lu ther Rosser for more than thirteen hours. Practically the only addition he made to his story as it appeared in his direct examination was his decla ration that while he was writing the murder notes Frank took the pencil out of his hand and then an instant later made him rub out the “s” he had written as he spelled out “ne- gros. * Conley said he wrote the note at first: “A long tall black negros did this by hisself.” A long argument over the admissi bility of Conley’s testimony in regard to Frank’s alleged conduct with wom en previous to the murder of Mary Phagan took place after the Jury had been sent from the courtroom at noon. Court recessed before the arguments were concluded, and the debate was resumed in the afternoon. Reuben Arnold cited opinions from ourts in States from the Atlantic to the Pacific, but his arguments were unavailing and the decision w’ent against the defense. There was murmur of applause and a stamping of feet. Arnold instantly was on his feet with a motion for a mistrial, but he realized at once that the jury was not present and withdrew the motion. He threatened, however, to make a mo tion that the courtroom be cleared if such a demonstration occurred again. Dr. Harris Recalled. Dr. Harris was recalled to complete the testimony which he was giving when he collapsed on the stand the Friday before. He repeated his asser tion ns to the time Mary Phagan came to her death after eating dinner at her home in Bellwood Saturday short ly before noon. ‘I can say with almost absolute certainty,” he declared, “that this lit tle girl was killed within 30 or 4C minutes after she ate her meal that day.” He refused, under cross-examina tion, to change his testimony in the least in respect to the cause of death. “It was easily apparent that stran gulation was the cause,” he declared. “An examination of the lungs was unnecessary and even useless because of the embalming preparation that had been employed, it was plainly evident that the rope had been placed about the girl s neck before death and the deep indentation showed that was sufficient to choke off her DR. II. F. HARRIS. I John Woolsey Suffers Broken Leg When Blown Through the Roof of House. it breath and cause death within a brief time.” Although Arnold was unable to make the physician alter the state ment of his opinion, he obtained ar. admission that a blow on the heart aufficiem to cause death might im- CUMMINO, Aug. 7.—John Woolsey, tho only negro in Forsyth County, was blown out of bed through the roof of his cabin, eight miles north of Gumming, and suffered a broken leg, w’hen dynamite was set off under the house, according to information that has reached Cumming. The dy namiting took place on the farm of Wyley Smith. The dynamiters cut all telephone wires into that part of the county, which prevented the new’s reaching here sooner. Woolsey was hurried out of the county to Gaines ville by Smith. The negro had moved to the Smith place Just a few days ago. He wad warned to leave the county and Smith was warned to get rid of him. Neither took heed. The dynamiting resulted. The cabin occupied by Woolsey was completely wrecked. I. W. W. Leaders Plan Great Lakes Strike Senate and House Bodies in Joint Meeting Agree to Favor the Ellis Bill. DULUTH, Aug. 7.—One of the most widespread strikes ever attempted by Great Lakes dock workers w’as in prospect to-day. Plans were being formed to extend the strike from all the docks in Duluth to the ore ship ping points in Wisconsin and Michi gan. Industrial Workers of the World planning the strike, contemplated calling out the dock workers at Two Harbors, Mich.; Superior, Wis.; Ash land, Wis.; Marquette, Mich., and Ew- canaba, Mich. mediately precede gajrroting and still the same manifestations of strangu lation exist. Dr. Harris, however, did not be lieve that the blow on Mary Phagan’s head was enough to caus^ death. He said that the blow was not severe and that, aside from a little spot of blood on the brain which could not have a used any pressure, the brain was entirely normal. Attorney Arnold in the latter par* of the afternoon session engaged ir. an exhaustive and highly technica! examination of the witness in regard to the action of the digestive juices, the percentages, that were present in Mary Phagari's stomach am* the tests that were made for poisons. The bill introduced into the Hou by Representative Ellis of Tift County to remove the Georgia Ex periment Station from Griffin, Ga., to the Southern part of the State, will he recommended for passage by both the Senate Committee on Agriculture and the House Committee No. 2 on Agriculture. The favorable report on the bill was prepared at a joint meeting of the committees Wednesday afternoon The hill has been favorably consid ered once by the Senate Committee, which later voted to reconsider its action when pressure was brought to hear. The House Committee had nit acted prior to the Wednesday meet ing. The report 1s expected to precipitate fight in the House. It is regarded as unlikely that any definite action n the bill will be taken at this ses sion of the Legislature. Members >f the General Assembly who advocate Griffin as the place for the station have been active in their tight on the bill. The meeting Wednesday was at tended by many adherents of Griffin, and a number of those who w’ant th * station removed to South Georgia, as well as several who desire its re moval to Athens. Among those who addressed the meeting were Dr. A. C. True, of the Agricultural Department of Washing ton. w’ho has supervision over all State experiment stations, and Com missioner or Agriculture J. D. Price Dr. True said the removal of the station would not affect the Federal appropriation. Mr. Price advocated the present location. Battlefield of 1763 To Be Memorial Park GREEN8BURG, PA., Aug. 7—At the celebration of the one hundred and fiftieth anniversary of the battle of Bushy Run, one of the principal engagements of the French and Indian war here, a movement was started to obtain L'o acres of the famous battle field for a memorial park, and to erect a bronze statue with a large bronze tablet to Colonel Henry Bo- quet. The historical and patriotic so- cltles of Pennsylvania are behind the movement. IS VAUDEVILLE Every Change in Chromatic Scale Rung — All Georgia Types Seen in Court. By L. F. WOODRUFF. Every change In the chromatic scale has been rung In the F.anlc trial. With the single exception of the skyrocket oratory that will mark the last stage of the trial, everything that has ever been done in the trial of a criminal case has been enacted in the fight to fix on the superintend ent of the National Pencil Factory the guilt of the murder of Mary Phagan. There has been comedy. There has been tragedy. There has been periods as dull as a hookworm victim. There have been occasions as startling ae the feat of a circus daredevil. There have been pathos and performances worthy of a clown. The somber has been mixed with the gay until the entire trial seems the work of a fu turist artist who has had a hard night with the drinking cups before he started the painting. Jim Conley was on the stand some thing like sixteen hours. His story was a ragtime composition, with the weirdest syncopations, and then came Dr. Harris right on his heels and gave evidence full of soundness and learnedness. To the spectators it seemed that they had Just heard 'Alexander's Ragtime Band” played and then a Bach fugue for an encore. One Simple, Other Complex, Conley's story was as simple In words as ' Old Black Joe,” while Dr. Harris' was as complex as a Wag nerian overture. Jim Conley spoke In terms of the street, of the near-beer saloon, of the blind allev cran game. Dr. Harris spoke In the language of the labora tory and the library. Jim Conley could not enunciate a word of more than one syllable. Dr. Harris was as polysyllabic as the word "heterogeneous." And the spec tators had to gasp after the shift. Conley’s story, while it was as full of contradictions as a hive Is of bees, was as easy to understand as a baby's "da-da" is to a fond parent. Dr. Har ris evidence W'as as loaded with med ical lore as a physician’s library. And, although It seems impossible, there Is more still to come. Before the trial has ended practically eveTy type that Georgia knows will have been paraded in the courtroom. Types Seen in Court. Right now, the spectators have seen the scholarly defendant whose court attitude Is still an enigma—as unsolv- able as the crime with which he Is charged. There are his loving mother and his devoted wife. Here Is the massive figure of Lu ther Rosser, attacking every oppo nent with a battleax ferocity. Here Is the erudite Arnold, with rapier thrusts to send in the death blow when the enemy is beaten down by the more direct assault of his ally. Here Is the young Solicitor, strug gling against tremendous odds, up setting tradition by fighting Rosser with his own weapons, burning Ar nold with his own fire. Here Is his learned associate, quick to grasp a point as a drowning man Is a straw. Here are factory girls and business men. Here are the comical figure of Newt Lee and the sinister figure of Jim Conley. Here are the learned scientist and the sleuth hound. It seems that everything has been shown, but still there will be more. It Is Impossible that Rosser and Ar nold will not show something Just as novel and bizarre as the State has presented. Color for a Dickens, There Is Mlncey to come with Ms startling story—Mlncey, as typical of the red clay soil of the Cracker coun try ns peanuts and watermelons: Mlncey, so typically the country chool teacher that he will have to carry a rod of hickory and a blue- back speller to the stand to feel at home while he is giving his evidence. And there will be a lot more. Tragic as is the trial, it has been Atlanta's greatest vaudeville show. Dickens could have spent one week In Judge Roan's courtroom and written four novels around the types he saw listening to and playing parts In the drama that hovers around the life and death of a little girl of the factory. G. U. 0. 0. F. CONVENTION Savannah, Ga., August 12-16, 1913. $9.05 Round Trip. Two trains daily throuj without change. Leave A lanta 8 a. m. and 9:35 p. r CENTRAL OF GEORGI RAILWAY. The man that lost roll bills on Central ot Georg Pullman can get the mon by applying to FRANK WTL3Y, 929 GraSt Bid