Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 07, 1913, Image 3

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TITE ATLANTA GEORGIAN AND NEWS PROSECUTOR DORSEY SNAPPED IN ACTION ROSSER AND ARNOLD SMILING This shows the Solicitor in an argument at the Frank trial. Every Change in Chromatic Scale Rung — All Georgia Types Seen in Court. By JAMES B. NEVIN Now that James Conley has been In the “Bu dismissed from the Frank trial, now , . uupj#, Qome tnat he has stood safely the Are of Mr. Rosser’s most exhaustive grilling. t,0n what of him? header!" If Frank is convicted, Conley sub- It I aequently will be convicted, no doubt, it no t of being an accessory after the fact of - . .. roaming d Mary Phagan’s murder—and that will . mean three years, at most, In the ' >e< 1 ItenUentiary. * he wav of . A , honor of Ji After that—when the Frank trial, • . - more or less, hae been forgotten— ov r d Conley wijl b© at liberty to come back amongst the people of Atlanta. ™ ” Not far from Five Points, a little IT," a . . . mittea to t due east along one of the big thor- thA T oughfares meeting there. By L. F. WOODRUFF. Every change in the chromatic scale has been rung in the Frank trial. With the single exception of the skyrocket oratory that will murk the last stage of the trial, everything that has ever been doije 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 tht* murder of Mary Phagan. There has been comedy. There has been tragedy. There has been periods as dull 4s a hookworm victim. There have been occasions as startling as the feat of a circus daredevil. There have been pathos and performances worthy of a clown. The somber has been mixed w'ith the gay until the entire trial seems the work of a fu turist artist who has had a hard night w'ith 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 cam© L)r. Harris right on his heels and gave evidence full cf soundness and learnedness. To the spectators it seemed that they had just heard "Alexander’s Ragtime Band” played and then a Baxh fugue for an encore. On© 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 craD frame. 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. Di. Harris was as polysyllabic as the word "heterogeneous.” And the spec tators had to gasp after the shift. Conley’s story, w'hile 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 was 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 every type that Georgia knows will have been paraded in the courtroom. Types Seen Right now iwyppiip 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 of inf -rmation, “dem niggers down on Decatur street, dey ain’t talking of nothing but Jim Conley. He’s de most talked about nigger anywhere, 1 i hears him complimented on a'.l side? I” 'in other words, Jim's a sort of nero 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 fooj 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- xorium 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 orYACES OF MEN BATTLING FOR FRAN REUBEN ARNOLD. ROAN’S RULING HEAVY BLOW TO DEFENSE pe<rtutors- 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 hU devdted 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 ae.ath blow when the enemy i« 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 burning Ar- 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." Jim has just passed through the fire. And he got through, his reputa tion more or less damaged .for truth fulness, to be sure, wqth his own weapons, rold with his own fire. Here is his learned associate, qu to grasp a point as a drowning m is a straw'. Here are factory girls and busln« men. Here are the comical figure Newt Lee and the sinister figure Jim Conley. Here are the iearr but not utterly shattered beyond patching up in such M. RICH & BROS. CO If the State is able to sustain its terrible charge against Prank, 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 t,ask. 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 nvas llie snapshot shows Luther Rosser and Reuben ing at Artist Carter’s sketch of their ••fighting . fae Georgian. Below, is a small reproduction of the is declared by their friends to be the best likeness e of the two attorneys. A special showing for Friday and Saturday. Some Lace Oxfords included in the lot. A splendid range of sizes. Farmer selling prices $3.50 and $4.00. Now hfs direct examination was his decla ration that while he Was wilting 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 tap black negros did tiiffc by htsself.” A long argument over the admissi bility of Conley’s testimony in regard to Frank’# alleged conduct with worn en previous to the murder of Mary Phagan took place after the jury hac been sent from the courtroom at noon. Court recessed before the arguments wore concluded, and the debate w'as resumed in the afternoon. Reuben Arn,old cited opinions from courts in Ktates from the Atlantic to the Pacific, but his arguments were unavailing and the decision went against the .defense. There was a 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 Jhirti a demons*rat ion 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 as to the time Mary Phagan came ’to "hob"death afte/- eating dinner at her home in"BellWood Saturday short ly before'boon. "I can say w'ith almost absolute certainty,” he declared, "that this lit tle gift ' was KTlletl within 30 or 4Q There is Mincey to come with his startling story—Mincey, as typical of the red clay soil of the Franker coun try as peanuts and watermelons; Mincey, so typically the country school 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 he a lot more. Tragic as is the trial, it has been Atlanta's greatest vaudeville show. $7 Spanish Heel mother of the slain girl, and of the officers who visited the scene of the crime'immediately after police head quarters was called by the negro niglifwatcTiman, Newt Lee. Tell* of Mesh Bag. Mrs. Coleman testified that Mary left home with the mesh bag in her hand. The detectives and policemen ail testified that they were able to find rw> tra<> 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 mean bag?” Dorsey asked Con ley, just a** it appeared that he had finished hts questioning. “Yes, sah, 1 see it,” Conley replied. "Where 'was it?” "It was right on Mr. Frank's desk when 1 went In there to write the notes.”-** “Did-'"you see w’hat became-of it?” “Yes, .sah; Mr. Frank went 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 aijd under the grilling cross-exam(nation of JLu- ther Rosser for more than thiirteen hours. A Practically the qnly addition he made to his story as it appeared in Great Lakes to Gulf, Via Water, by Sept. 1 CHICAGO, Aug. '7.—The first reg ular waterway service between the Great Lakes and the Gulf of Mexico will be inaugurated before Septem ber 1, according to the plans of a Chicago transportation company. The proposed nerviee will be for both passenger and freight. Patent, Gun-Metal & Tan Pumps & Oxfords Choice of over thirty different stylos selected from onr regular stock. Former retail prices $3.50, $4 and $5. Broken sizes. On special sale for Butt of Ram Kills Tennessee Woman COOKEVILLE, TENN., Aug. 7.— Mrs. George Choat, wife of a fdrmer. is dead to-day, the result of being butted by a vicious ram. She entered a pasture to hefd the sheep when the animal attacked her, striking her with its head with great force. M. RICH & BROS. CO. ‘‘A Department of Famous Shoes. Funeral Designs and Flowers FOR ALL OCCASIONS. Atlanta Floral Company <*AST FAIR STRICT.