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“TfiSi T'il
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TTTF ATT . ANT A GEORGIAN A1\T> NEW?!.
STATE, TIED BY CONLEY’S
Dalton, Whom the State Put
Up to Corroborate Jim Conley
STILL UNDER DOT FIRE
By JAMES B. NEVIN.
As the defens© in the Frank case
pets under way, it is evident enough,
as it has been from the beginning of
this case, that there is but one big,
tremendously compelling task before
it—the annihilation of Conley’s ugly
story!
The State climaxed Its case thrill-
ingly and with deadly effect in the
negro.
He came through the Are of cross-
examination, exhaustive and thorough,
in remarkably good shape, all things
considered. He unfolded a story even
more horrible than was anticipated.
Certainly, in every conceivable way,
he has sought to damage the defend-
( ant—even going to the extent of lodg
ing against him another crime than
murder!
Through the cross-examination,
however, there ran an evident vein
of deadly purpose upon the part of
the defense. Conley was given full
limit to go his length. He went it—
no disputing that!
The question is, did he go TOO
FAR?
Did he, in his last minute effort to
get in EVERYTHING that possibly
might work against the defendant,
tell things, or say things, that even
tually will rise to plague him to his
utter undoing?
That Is th© defense’s task—THE
UNDOING OF CONLEY.
Conley the State’s All.
Conley is the heart and soul of the
State’s case—without Conley, the
State is rendered helpless. He is the
Alpha and the Omega of the charge
against Leo Frank.
That great detective, William J.
Burns, says “they always—criminals
—leave something out of gear in the
stories they tell.”
Burns declares there never was a
lie told to shield a criminal that did
not have in it SOMEWHERE a fatal
weakness, that might be located if
patiently sought for. The more elab
orate the tale the criminal relates,
the more chance there is. no matter
how infinitely shrewd he may seem to
be, that he will be discovered.
To-day is the defense’s day in court
—during its progress, which may be
for a week or more, even as the
. State’s day lasted 240 hours, Leo
Frank must break down the awful
story of Jim Conley, and prove him
self innocent, if he can, of all the va
rious charges brought against him.
Can he do it?
Well, maybe he can, and maybe he
k can not—at least, In the nam e of jus
tice and decency and all that Is right,
he must have full and free OPPOR
TUNITY.
One Side of the Case.
During the progress of the State’s
case, the defense was led far into the
gloom. People began to doubt Frank’s
innocence—people of poise and fair
minds, desirous of seeing the truth
prevail though the heavens fall.
Even these people found themselves
staggering and groping as the
hideous and sinister charges fell from
the lips of the negro.
Could Leo Frank, of previous good
reputation, of fair name and unblem
ished integrity, college bred and stu
dious in habit, so far as the public
knew or suspected, be the monster
responsible for little Mary Phagan’s
death, and also—the other unspeak
able thing?
In a rather remarkable interview
Mrs, Leo Frank gave The Sunday
American some few weeks ago, she
said this of Frank and herself: “As
sweethearts, we went hand in hand,
and intruded ourselves upon no per
son; as man and wife we have gone
hand in hand, and we have intruded
ourselves upon no person!”
They still are going “hand in
v hand,” the man and the woman, the
husband and the wife—the one hold
ing up as best he can under the ter
rible charge of murder, the other
there beside him—“for better or
worse, in sickness and in health, for
* richer or poorer”—until death, or
worse than death, shall sever the
tie that binds.
That is omethlng steadying to
think about!
It is the defendant’s day in court—
and he is entitled to fair play and a
fair chance!
To some it may seem that the bur
den has shifted, that it is up to the
defense now, notwithstanding the
more or less fictitious presumption
of innocence the law jealously has
established in his favor, to PROVE
his innoncence.
Be that as it may—even as the
gloom has closed about him and a 1
he holds most dear in this world—he
still is a human being, in very dire
distress, as yet unconvicted: and it is
only right that the public should be
patient, as he sets forth HIS side of
this terrible affair.
And I give it as my opinion here
and now, for whatever it is worth,
that the case against Leo Frank yet
may be far from conclusive—and it
may never be made conclusive.
* Conley’s Tale Impossible?
Suppose the defense is able to show,
by a sequence of logical, orderly and
honorably sustained witnesses, that
the tale Jim Conley tells is utterly
absurd—and IMPOSSIBLE?
What then?
Will you be prepared, if forced to
a conviction against your will, if it
be that way with you, to say to
Frank: “All right, you came through
the fire, at times seemingly sure to
consume you, unhurt and unscorched,
but you came through, and I am con
tent”
Conley’s story has not YET beso
The Frank
trial audience
laughed when
this witness
said he didn't
know where he
was born.
The courtroom
crowd was
disappointed
in C. B.
Dalton’s
testimony
which failed to
prove
sensational.
3 Japanese Killed
In Riot in Oregon
SALEM, OREG., Aug. 8.—Fear of
further trouble to-day led the police
to guard the section of the city where
last night three Japanese were killed
in a riot.
A man, woman and child were kill
ed outright and another Japanese
man was reported dying to-i^*
BITS OF mmm
CAN’T HELP BUT
Evei
try Woman Caste Loving
Glance at The Nestling Cud
dled in Its Bonnet.
charm and sweatee** of a pretty child, and more
to-day than ever before since the advent of
Mother'* Friend.
A woman’* heart naturally responds
child, r J
broken down—no. But It MAY be
broken down.
In an article a few days ago, I said
this, and I feel like repeating it now:
In judging this Frank case,
purely from the State's own
standpoint, there is othing so im
portant as the TIME ELEMENT
in which the State uncompro
misingly claims the crime was
committed.
In another article a few days there
after, I said this, and this I also
feel like repeating now:
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 it be the truth, it
will stand against ALL the as
saults made upon it!
State Tied by Conley.
Remember, unless Conley’s story
holds together, the caae against Frank
goes to pieces. Everybody who has
read the evidence and who still is ca
pable of rendering just judgment will
admit that.
Suppose It can be shown, and is
shown, that the story Conley told
CAN NOT be true?
The defense MUST show' that, or
Frank Is lost!
Can the defense do that?
The State has pinned itself down
to exact and definite propositions.
Remember, the defense has hardly
started its story yet—it may be able
to make absurd those very proposi
tions the State has set up.
The crime, according to the State’s
witnesses, MUST have been commit
ted thus and so, in exact order, and
just as stated—or Conley’s story falls
down.
The biggest element in the State’s
case is the time element—mark that!
Upon it the State will stand or fall
eventually.
If Mary Phagan was NOT killed
before 12:05, then Leo Frank didn’t
kill her. If she was not killed at
that time, Conley’s story will not do.
Then is when the State says she
was killed—THEN and not at any
other time. Conley’s story ALL leads
up to and away from ^hat.
Remember, too, that the only wit
ness who swears to knowledge or
suspicion of any unspeakable conduct
upon the part of Frank is—again—
Conley.
Dalton a Tame Witness. .
When it came to corroborating Con
ley, Dalton proved a tame corrobo
rator. The ugly, nasty charge of per
version and degeneracy, glibly drop
ped from the lips of Conley, rests
ENTIRELY AND ALTOGETHER on
Conley's word.
If Conley’s story' of the murder is
shown to be IMPOSSIBLE AND AB
SURD, will you then reverse your
other opinion concerning Frank—if you-
have accepted Conley’s word as to
that—and agree that Conley, having
lied to send Frank to the gallows,
would have lied as readily to besmirch
him with unmentionable scandal oth
erwise?
Shall not Frank have the right, un
challenged and fair, to clear himself
of every charge lodged against him?
To-day is his day in court—will any
living person begrudge him, sore
pressed, one moment of it?
Will, in the end, he be able to read
and take to himself, happily and se
renely, Tennyson’s beautiful poem
ending—
“And now it is daylight every
where!” Italics
Will he?
We shall see.
At least, he is entitled to his day in
court—and it is at hand!
PASTOR ON VACATION.
The Rev. H. M. DuBose, pastor of the
First Methodist, is on his vacation at
Buckhannon, W. Va. Rev. H. C. Chris
tian w'ill preach Sunday at 11 a. m.
Rev. Henry Pace wh fill the pulpit in
the evening. An organ recital from 7:45
to 8 p m. will be given by Miss Mamie
Lee Bearden.
State Wins Point in
Diggs Slavery Case
SAN FRANCISCO. Ar ;. 8. -The
fourth day of the trill of Maury I.
Diggs, former State Architect charg d
with white slavery, began tc-day with !
the defense laboring under a de- ;
cided handicap. The firs w m ss- s
w’ere on hand ready to festT ;i« to
the trip to Reno on which Diggs and
Drew' Caminetti, son of the Com
missioner General of Imn ivration, 1
are charged with taking Mar.-ha War- !
rington and Lola Norris for imnu r.tl 1
purposes.
Judge Van Fleet ruled that the
characters and reputations of the two i
girls would have no bearing on the
case.
Bulgars Insist Turks
Evacuate Adrianople
Special Cable to The Atlanta Georgian.
SOFIA. Aug. 8.—In a communica
tion issued to*day by the Bulgarian
Government it was announced that
“Bulgaria will begin demobilization
of her army as soon as a peace treaty
is signed, upon the understanding
that the power* favor the Enos-MJdia
line as the southern Bulgarian boun-
darv.” This w-ould give Adrianople
to Bulgaria.
it is doubtful if Bulgaria could car
ry on another war against Turkey.
She has lr.-t 100,000 men and her na
tional treasury is depleted.
CONSTANTINOPLE. Aug. 8.—The
Turkish Government to-day issued a
manifesto calling upon the nation to
oppose vigorously the exacuation of
Adrianople.
Judge Given Divorce
Decree in Own Court
DANVILLE. ILL., Aug. 8.—Judge
E. R. E. Kimbrough mounted the cir
cuit bench here to-day after having
been granted a divorce in his own
court. Mrs. Emma Fountain Kim
brough, w'ho now' »* living in Los An
geles, did not contest the judge’s suit.
Judge Kimbrough asked the decree on
the grounds of desertion.
For many years Judge Kimbrough
was ae law paretner of former Speak
er Joseph G. Cannon. e
FOUR SEEK CITY COURT PLACE.
MACON. Aug. 8.—The creation of the
new municipal court to take the place
of the Justice of the Peace courts pro
vides an attractive office. Lloyd Moore,
and Judge J. T. Burnett already are can
didates, and Walter Defore and S. A.
Crump are expected to announce.
Holiness Meeting at
Indian Springs Opens
JAUKSQX, Aug. 8.—With visitors
from all parts of the South present
and w'ith every f ndication pointing to
the largest and most successful meet
ing in its history, the annual ten
days’ session of the Indian Springs
Holiness Camp Meeting opening
Thursday night.
The railroads have offered reduced
rates for the occasion, the cottages
already are filled and the hotels it
Indian Springs have capacity crowds.
Charlie Tillman, of Atlanta, will con
duct the singing.
Jails Husband For
False Teeth Theft
FORSYTH, Aug. 8.—The limit in
stealing has been reached in Monroe.
A negro woman of this county has
had a warrant sworn out for her hus
band charging him with stealing her
false teeth.
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Why is the soda cracker today
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People ate soda crackers in the
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By 0. B.
They call it a chain that the State
has forged, or has tried to forge, to
hold Leo Frank to the murder of
Mary Phagan.
But Isn’t it a rope?
A chain, you know. Is as strong as
its weakest link. Take one link out,
and the chain comes apart.
With a rope, it’s different.
Strand after strand might be cut
or broken, and the rope still holds a
certain weight. Then might come a
time when the cutting of one more
strand would cause the rope to break.
The point is, the finished rope will
sustain a weight that would instantly
snap any one of its several strands.
Bits of Evidence Threads.
And that is what the various bits
of circumstantial evidence might bet
ter be called—strands or threads.
Edgar Allen Poe. in “The Mysterv
of Marie Roget,” has nearly exhausted
the philosophical phase of accumula
tive circumstance and its relation to
evidence.
Applying the system of the well-
known Dupin to the case in point—
and REGARDING IT, BE IT UN
DERSTOOD. STRICTLY FROM THE
STATE’S VIEWPOINT—an analysis
of part of the evidence against Leo
Frank follows:
First off, the isolated circumstance
of Conleyis ability to write would
seem as futile as a smoke wreath in
fiustaining any weight of evidence,
except against Conley himself.
But to that fact is added the fact
that Frank knew Conley could write.
Still, the thread is flimsy, and, even
connected with the case against
Frank, would appear worthless.
Six Deductions Seen.
But when it develops that Frank,
knowing Conley could write, and
knowing the police were trying to
find the author of the murder notes—
when Frank, well aware of these
things, did not inform the police that
Conley was lying when he said he
could not write, the following deduc
tions appear:
(1) That Frank did not want to
connect Conley with the murder notes,
which (2) would have been the
natural and prompt Inclination of a
suspected man who knew nothing of
the crime himself, so that (3) it ap
peared Frank knew something of the
murder and (4) knew that Conley
knew he knew something of the mur
der, which (5) Justified the conclusion
on the part of the State that Frank
feared to implicate Conley, lest (6)
Conley, In turn, tell something that
would Implicate him.
Of course, this strand may be
broken entirely by the defense, show
ing Frank never knew the police wer
ignorant of Conley’s ability to write
before the police learned it them
selves.
And there Is / one pretty substantial
strand of evidence, as the State sees-
it—and all having its genesis in the
KEELER.
simple fact that Conley knew how to
write, and at first denied it.
But that strand of itself surely
would fail to carry the burden of the
case. There murt be others.
Story It3elf Not Convincing.
Even Conley’s story is strong only
by reason of many strands that sur
round and support it. Presented to
a jury, round and unvarnished—
tainted by the reek of false alfidavlts
and weakened by the dry-rot of self-
interest, Conley’* story never would
win a verdict against Leo Frank.
But there is the shred of the mur
der notes—Conley’s story draws sup
port from that. There is the time
factor brought out by the expert tes
timony—Conley's story twines itself
about the prop of science. There is
the agitation of Frank noticed by-
Newt Lee in the middle of the after
noon—Conley’s story provides for
that. There 1b the viait of Monteen
Stover, a tiny circumstance of itself
—but of vast importance Just so far
as it strengthens Conley’s recollec
tion of exact time.
And it is by reason of the rope
already well along In the twisting
that a hundred other little circum
stances become significant that of
themselves would be lighter than the
air-drawn dagger that troubled the
dreams of Macbeth.
They fit in with the twisting of the
rope.
Will the Rope Hold?
There is Frank’s agitation at home
and at the factory. There is the ugly
story of habitual “chats” at the fac
tory, guarded by Conley as watch
man. And the sending away of New t
Lee that afternoon. And the seeing
of Conley by Mrs. White, “loitering”
at the place he fixes for himself as
watchman, and at the time. And the
alleged reluctance of Frank to con
front Conley at the Jail.
And all the rest or it.
So many little incident^ and most
of them small to triviality In them
selves.
The point is. each strengthens the
other, until the fragile threads be
come a rope.
Will it hold after Frank’s lawyers
have presented their side of the case?
The jury must decide.
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Ton will And thla splendid remedy on aale at
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What Ails You?
£S An Invitation la extended by Doctor Pierce 55
S5 to every sick and aibns man or woman to 55
S consult the Faculty of tb# Invalids' Hotel 25
■» at Buffalo, N. Y. t br letter. Write your
55 symptoms fully and frankly, and every 55
25 letter will be carefully eomndered. folly 25
■- answered and it* statements held as —
55 strictly private and sacredly confidential .
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