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THE ATLANTA GEORGIAN AND NEWS,
3
STATE, TIED By CONLEY’S
STILL UNDER HOT FIRE
By JAMES
As the defense in the Frank case
gets 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 t hr ill -
ingly and with deadly effect in the
negro.
He c^me through the fire pf 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 defence. 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 the 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 Deo Frank.
That great detective, William J.
Hums, 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 mere chance there is, no matter
how u'ln. ely 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
1 rank 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? •
Web. maybe he can, and maybe he
('an not—at least, in the name of jus
tice and decency and all that is right,
he must have full and free OPPOR
TUNITY.
Ore 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
tlw lire 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
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 omething 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—h<j
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 witrfesses, that
the tale Jim Conley tells is utterly
B. NEVIN.
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 been
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 case against Frank
goes to pieces. Everybody who has
fead 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 that.
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
rated. 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!"
Will he?
We shall see.
At least, he is entitled to his day in
court—and it is at hand!
Holiness Meeting at
Indian Springs Opens
JACKSON, Aug. 8.—With visitors
from all parts of the South present
and with every indioation 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.
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-day.
MAN WHO SAYS NEGRO JIM CONLEY
CONFESSED SLAYING OF LITTLE GIRL
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Fowls Socialistic;
3 Kinds Share Nest
FORSYTH, Aug. 8.—A guinea nest
is supposed to be hard to find, but a
resident of Dillars, this county, while
walking through a patch of woods
found a nest which is shared in true
communistic style by a guinea, a
hen and a partridge. At the time
the discovery was made there were
three partridge, two guinea .and six
hen eggs in the nest..
What hours had been agreed upon
by the sharers of the nest during
which they are to keep house is un
known.
Nine Ears to Stalk
In Forsyth Cornfield
FORSYTH, Aug. 8.—Nine ears of
corn to a stalk is most unusual, but
Jesse Childs, of near Rogers Church,
in this county, is exhibiting around
Forsyth a stalk on which there are
nine well-matured ears.
He planted a prolific variety of
corn, and claims that whil he has
discovered no other stalk on which
there are nine ears, six ears, and even
seven, to the stalk are not unusual in
his field. This com was raised on
thin upland soil.
Enormous Eagle
Carries Off Child
Special Cable to The Atlanta Georgian.
GENEVA, SWITZERLAND, Aug.
8.—An enormous eagle carried off a
wood cutters' child, aged 4. when It
was playing near him as he was
working in the forest.
A thorough search was made, but
no trace of the eagle or child was
found.
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.
75 Canning Clubs to
Feature State Fair
MACON, Aug. 8.—The first annual
assembly of the girls and boys of
the 75 County Canning Clubs of the
State will be held here on October 27
and 28 as one of the special features
of the Georgia State Fair. Not only
will exhibits be made of the fruits
and vegetables canned during the sea
son, but actual demonstrations will be
given by each of the clubs, under the
direction of Miss Mary Creswell. of
the State College of Agriculture. Over
700 boys and girls are expected to at
tend.
The State fair has announced a lib
eral aWard of prizes.
2 Candidates For
Macon Mayoralty
MACON, GA., Aug. 8.—Macon’s munic
ipal campaign will open next week with
the announcement of the Aldermanic
tickets by City Clerk Bridges Smith
and Alderman A. L. Dasher, who are
opposing candidates for the mayoralty.
It developed to-day that Colonel W. A
Huff, who was mayor for ten years,
would have been a candidate but for
the entry of Mr. Dasher, whom he
agreed not to oppose. Mr. Smith of
fered to stay out of the race if Colonel
Huff desired to run, but the latter said
he was debarred by reason of Mr. Dash
er's candidacy.
The administration party is support
ing Mr. Smith. He and Mr. Dasher both
state that their tickets will be an
nounced next week.
PASTOR ON VACATION.
The Rev. H. M DuBo.se, pastor of the
First Methodist, is on his vacation at
Ruckhannon, W. Va. Rev, H. C. Chris
tian will preach Sunday at 11 a. m.
Rev. Henry Pace will fill the pulpit in
the evening An organ recital from 7:45
to 8 p m will be given by Miss Mamie
Lee Bearden.
Pretty Anti-Kiss
Crusader Coming!
TORONTO, ONT„ Aug 8.—Men
delegates to the International Con
gress of Geologists here marvel at
the record of Dr. Annie T. Quensel,
a delegate from Sweden, of being an
unkissed wife, for she is strikingly
beautiful.
Dr. Quensel will lecture in the
United States in the interests of an
international anti-kissing crusade.
She says:
“Neither my husband nor I have
ever kissed any one. We believe
kissing a menace to good health, and
persons indulging should be punished
by law.”
Offers $200 For Old
War Engine's Whistle
DALTON, Aug. 8.—An offer of $200
for the whistle taken from the engine
“General” when it was captured by
Andrews’ Raiders has been made to
James Barry, of Dalton, who owns
the whistle. He announced recently
that he intended to sell it and give
the money to the orphans’ home at
Decatur.
The offer comes from H. T. Thom
ason, of Clyde, Ohio, who says in his
letter that one of his uncles was a
member of the Federal band that un
dertook to escape with the famous en
gine.
Mercer Head To Be
Chosen Next Week
MACON, Aug. 8.—Another meeting
will be held next week by the spe
cial committee delegated to choose a
president for Mercer University, and
it is probable the place will be of
fered to cither the Rev. W. W. Lan
drum. of Louisville, Ky., or the Rev.
W L. Pickard, of Savannah.
the Rev. T. W. O’Kelley, of Ra
leigh. N. C., has declined the presi
dency, yielding to the insistence ot
his congregation that he remain as
pastor of their church.
SCOTT PUT
CONLEY’S
STORY IN
STRANGE
L IG II T
Harry Scott, of the Pinkerton
agencj% showed up the “confessions"
of Conley in a peculiar light when he
was called to the stand by the Frank
defense Thursday afternoon.
The detective, questioned by Luther
Rosser, told the Jury that Conley,
when he "had told everything;’’ when
he had accused Frank of the killing
and had made himself an accessory
after the fact by declaring that h>>
ass'jt.d in the disposal of the body;
when every’ motive for holding any
thing back had been swept away by
his third affidavit, still denied to
him (Scott) many of the alleged cir
cumstances to which he testified
while he was on the stand the first
three days of the week.
It will be the contention of the
defense that these many additions to
Conley's tale, inasmuch as all rea
son for concealing them had passed
after Conley had come out with his
accusations against Frank and his
confession of his own part in tha
crime, are pure fabrications of the
black man’s imagination, as are the
other details of his tale.
Scott said that he had grilled and
badgered Copley repeatedly about
seeing Mary Phagan enter the fac
tory'. Even after the negro had made
all his incriminating statements, he
steadfastly denied seeing the gir!
victim go up the stairs to the sec
ond floor.
Denied He Had Seen Purse.
He denied also to Scott, the detec
tive said, that he ever had seen the
girl’s mesh bag or parasol, or that
he ever had heard a girl's scream
while he was sitting on the first
floor. He told the detectives that ho
did not see Lemmie Quinn or Mon
teen Stover enter the factory, al
though he later C dared he had se.»n
them both and so testified on the
stand.
Conley said on the stand when he
was questioned by Rosser that he
thought he had told all these things
to Scott and John Black while he
was making his third and final affi
davit. Scott was called to testify
that Conley not only had failed to
tell them, but for the most part had
made strenuous denials when asked
about them. It was expected that
Black would be called early Friday to
testify on the same matter.
Rosser, in his examination of De
tective Scott, sought to create in the
minds of the jury the impression that
Conley had been guided and directed
by the detectives in the framing of his
string of statements ana affidavits.
Negro’s Story in Own Words.
Scott admitted that the improba
bilities in the negro’s statements had
been pointed out to him, and that,
with these suggestions, Conley pro
ceeded to doctor up his affidavits un
til they harmonized better with the
circumstances of the day.
Solicitor Dorsey was loath to let
any statement get into the record
which indicated that Conley had been
coached by the detectives, and he
got Scott to say that no one had put
the words in the negro’s mouth.
“But you would say,” shouted Ros
ser, “ ‘That don’t fit, Jim,’ and Jim
would get something that did fit; isn’t
that so?”
Scott said that this was the truth.
The testimony of Scott and that of
Dr. L. W. Childs, a physician and
surgeon, marked the opening of the
defense’s fight for the life of Leo
Frank. The State rested its case
against the factory superintendent
at noon and Dr. Childs wan called at
once to testify in rebuttal of Dr. H.
F. Harris, the State’s principal medi
cal expert.
Childs Attacks Harris.
Dr. Childs declared boldly that Dr.
Harris’ conclusions were the wildest
sort of guesses. He said that Har
ris had made statements with no de
pendable data on which to base them.
, Dr. Harris’ declaration that Mary
Phagan came to her death within half
or three-quarters of an hour after
eating her dinner, an assumption he
m^de because the cabbage in her
stomach hardly had begun to digest,
the expert of the defense character
ized as nothing more than conjec
ture.
“I have seen cabbage that had been
in a person’s stomach tw r elve hours
that was less changed than that,” he
asserted.
Solicitor Dorsey, when he got hold
of the witness, confined himself main
ly to an attempt to discredit Dr.
Childs as an expert. He brought to
the attention of the jury that the
physician was only 81 years old, that
he had been graduated from a medi
cal school only seven years and that
he was a general practitioner, rather
than a specialist or laboratory man
like Dr. Harris.
Childs Not a Specialist.
The Solicitor then propounded a
number of highly scientific medical
questions to the witness—questions
furnished by the Solictor's brother,
Dr. R. T. Dorsey—and Dr. Childs
was soon forced to reply that only a
specialist could answer such a line
of interrogation.
Those who expected some sensa
tional testimony from O. B. I>alton.
the first of the State’s witnesses Fri
day, were disappointed. Dalton’s
story was more in the nature of a
confession of his own derelictions
than an expose of misconduct on the
part of Frank. Dalton testified that
he had seen women in Frank’s of
fice on various occasions Who they
were he did not know. He had wit
nessed no compromising situations..
Dalton was mentioned in Conley’s
story and to that extent corrobbrated
the negro.
T
EVIDENCE, US VIEWED BY
STATE. STRANDS IN ROPE
By 0. B. KEELER.
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 ia, 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 Mystery
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 Lupin 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 Conley’s ability to write would
seem as futile as a smoke wreath in
sustaining 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 note?*,
which (2) would have been the
natural and prompt Inclination of a
suspected man who knew nothing of
the crime himself, so that (8) 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 jhe 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.
But there Is one pretty substantial
strand of evidence, as the State sees
It—and all having its genesis in the
simple fact that Conley knew how tp
write, and at first denied it.
But that strand of itself surely
would fall to carry the burden of the
case. There mu*>t be others.
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 affidavits
and weakened by the dry-rot of self-
interest, Conley’s 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- 4n the middle of tha after
noon—Conley’s story provides for
that Thera is the visit of Monteen
Stover, a tiny circumstance of Itself
—but of vast importance just »e far
as it strengthfns Conley's recollec
tion of exact time.
And it is by reason of the rope
Plrefedy well along in the twisting
that a hundred other little circum
stances become significant that of
themselves would be lighter than 1 the
air-drawn dagger that troubled the
dreams ot Macbeth.
They fit in with the twisting of tha
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 awhy of Newt
Lee that afternoon. And the seeing
Df Conley by Mrs. White, “loitering”
*t the place ho fixes for himself as
watchman, and at the time. And the
alleged reluctance df Frank to Con
front Conley at the jail.
And all the rest of it
So many little Incidents*, 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.
Tract Giver Held in
Macon War on Vice
MACON, Aug. 8.—The first arrest in
the crusade to break up the assigna
tion house evil was that of Mrs. Fan
nie Allen, who lives at the corner of
Fourth and Pine streets.
Mrs. Allen is known throughout the
city as a disseminator of religious
tracts. The arrest of Mrs. Allen was
mtfde at the instance of Chief of Po
lice Chapman, who claims to have
positive knowledge of her guilt.
Former Lily Oelrichs
Nurses Sick Husband
NEWPORT, R. I., Aug. 8.—Peter D.
Martin, of California, Newport, an 1
Paris, is convalescing at the Morrell
cottage here from the effects ot the
nervous breakdown lie suffered a fort
night ago.
Mrs. Martin, who was Miss Lily
Oelrichs, daughter of Mr. and Mrs.
Charles M. Oelrichs, Is foregoing all
society gaveties to remain at her hus
band’s bedside.
WANTED—TO RENT
Bungalow With 3 Bedrooms
New family arriving in Atlanta desires to
rent modern Bungalow with all modern
conveniences and in pleasant part of At
lanta.
If yjou have this, kindly phone
West 639-L
Railroad Travel’s Greatest Peril
. Is the Open Switch
The toll of lives taken each year by this ever-present danger has
been enormous.
For years the inventive genius at the command of every great
railroad system has been devoted to solving this question.
The question has been solved. The danger has been removed,
oany has answered the problem, e Shepherd Automatic Switch Com-
The open switch is closed. Th Its safety device has removed the
peril from the open switch as thoroughly as the removal of a ser
pent’s fangs destroys his sting.
By a non-electrical mechanical device the main line is closed as
soon as the fast truck of a car has crossed the switch. It can be
opened when the engineer throws a lever on entering the siding.
The danger of open and split switches is absolutely eliminated.
As a time-saver this device will remove from a third to a half of the
number of stops and operations of switchmen in taking and leaving
siding.
The value of the Shepherd Automatic Switch will be shown by a
special demonstration to-morrow (Saturday), August 9, at 3 p. m., on
a spur track of the Atlanta and West Point Railroad, at the Atlanta
Manufacturing Supply Company's shop in Oakland City, on the East
Point car line.
The public is urged to view the practical demonstration of this
wonderful invention.
Detailed information as to the Shepherd Automatic Switch will
be gladly furnished by W. R. Green, at the Aragon Hotel, or W. C.
Warfield, 706 Fourth National Bank Building.
Remember, the demonstration begins promptly at 3 p. m. to
morrow at Oakland City.
Take East Point car. ^ i