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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 .-flWh.*»;•*• •' ~ " "ilL!!!—• ■sgircjj' .i? if - h ¥ ¥ illiliiijiSNiHK, " , ‘" r f ‘ . - - HI 'jj'.jjjjHSi jj': ’ \T ..dipito;: * ’iiiSiir J|N[ " Uf ■ ■ kk 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