Below is the OCR text representation for this newspapers page.

x 11 u x\i jjaxi xn \UiV7i»vnnii iu> i> n n u. HERE'S THE TIM PUZZEE IN ERIK TRIAL; CAN Toil FIGURE IT OUT? HOW TIME HAS BECOME THE CRUCIAL POINT IN THE TRIAL OF LEO M. FRANK CHARGE SULZER BOOSTERS PUN i Mary leaves car at 12:07 by State's testimony and 12:10 by • witnesses for the defense. THE RIDDLE OF THE CLOCK IN THE PHAGAN MYSTERY Jim Conley swears Mary Phagan went up the stairs of the National Pencil factory and was murdered before Monteen Stover arrived. He says he saw Miss Stover go up and leave. Monteen Stover, State’s witness, swears she arrived at 12:05. George Epps, State’s witness, swears he and Mary Phagan arrived at Marietta and Forsyth streets at 12:07. The car crew, defense’s witnesses, swear Mary arrived at Broad and Marietta at 12:0714 and at Broad and Hunter at 12:10. If Mary Phagan was at Marietta and Forsyth at 12:07, as the State says, or at Broad and Hunter at 12:10, as the defense says, how could she ha^ve preceded Monteen Stover, as Jim Conley says, up the factory stairs, when Miss Stover was in the factory at 12:05? What’s the answer? Mary boards the Coop er street car at 11:50, according to wit nesses for both State and de fense. Monteen Stover enters factory at 12:05 and leaves at 12:10. She swore she was certain of the By JAMES B. NEVIN. tTick-tock! Tirk-tock! {fork to the tote of the old hull clock! Wick-toek! Tirk-tock! IT h is is the tale of the clock! —Old English Ballad. This Is a tale of an office clock and ft motorman’s watch—an office clock in the National Pencil Factory, the first requisite of which, it being a “time” clock. Is accuracy, and a mo torman’s watch. And this* is the story of a clock that may or may not mean life and liberty and a restored good name to Leo Frank, or—a fate infinitely worse than mere death itself! It is a story involving a young busi ness man of repute and high stand ing, a college graduate and a husband, a brave, womanly little girl, foully murdered, a motorman known to many Atlantans, a newsboy not 90 well known, a disinterested working girl, a negro sweeper a confessed ac cessory to murder, the dead girl’s mother—and an office clock. What does the story demonstrate 7 That shall be for the reader to say. Here is the story: What the State Contends. The State of Georgia is contending that Leo Frank murdered on April £6. before the hour of 12:05 in the afternoon, Mary Phagan. a 14-year- bld working girl, employed in the Na tional Pencil Factory, of which Frank was the superintendent. It cites, among others, to bear out Jts contention, James Conley, a negro rweeper in the factory, and Monteen Stover an emoloyee of the factory. Miss Stover is a disinterested wit hers—Conley not only is the star witness against Frank, but is inter ested in fixing the murder upon Frank. Here is what the State, by Its own witnesses, asserts: Jim Conley swears that a few min utes before Miss Monteen Stover came into the factory—Miss Stover herself ^wearing that she entered at 12:05— Mary Phagan entered and passed up stairs and into Leo Frank’s office. Miss Stover, asked how she was positive as to the time she went in and the time she came out, stated that she looked at the time clock botn as she came in and as she went out. That fixes the time of her coming and going definitely and exactly. It was before Miss Stover came in that Conley swears Mary Phagan came in. Therefore, Mary Phagan must have arrived at the factory, ac cording to Conley, at least before 12:05, the moment Miss Stover came In. Before Miss Stover Entered. But after Mary came in, and before Miss Stover came in. the murder, still according to Conley, had been effected. For (a) after Mary went upstairs and before Mins Stover came in, Con ley (b) heard pattering footsteps toward the rear of the building, wher? (c) he says the body was found by him later, and after that (d) a scream, and then (e) a period of silence. All of this, according to Conley be fore Monteen Stover entered the fac tory—that is, before 12:05 certainly— and, considering the things Conley swears happened, several minutes be fore 12:05, necessarily. Mrs. Coleman, Mary’s mother, swears that Mary left home “about 11:45” in the morning, and George Epps'swears he joined her on the car at 11:50, for he looked at a clock at home just before boarding the car, and that he and Man- arrived at Marietta and Forsyth streets at 12:07, the latter hour not definitely fixed in his mind. Motorman Remembers Time. The motorman ( on that car. how ever, who mvears he knew Mary Pha gan. and had seen her board his car frequently, and remembers seeing her board that particular car on that par ticular day, says that the car arrived at Marietta and Forsyth at 12: 7*4, is that Is the time it is scheduled to ar rive there, and he was running on time that day. The motorman swears Mary and a companion got off at Hunter and Broad about 12:10. that being a few minutes’ farther run than Marietta and Forsyth. The conductor corrob orates the motorman in an additional ‘Statement that the car was not run ning ahead of schedule, the conduc tors being particularly required by the company not to run ahead of time. Mary Phagan left the street car at 12:10. still a block and a half from the pencil factory. If she walked directly to the fac tory, she could not have reached there before 12:12, in any event. If the little victim of this tragedv. Mary Phagan. therefore, DID NOT REACH THE FACTORY UNTIL MANY MINUTES AFTER CONLEY SWEARS SHE DID GET THERE. AND UNTIL AT LEAST TWO MIN UTES AFTER MONTEEN STOVER HAD DEPARTED. AND UNTIL AFTER CONLEY SWEARS HE HAD HEARD THE FOOTSTEPS AND THE SCREAM. HOW CAN CON LEY’S STORY RE TRUE? Slain Before She Arrived? In other words, how could Mary Phagan have been murdered before she arrived at the factory? Remember, too. that when Frank was asked at the Coroner’s inquest as to tht* time of Mary Phagan’s arrival, he said that it^was after 12, became the noon whistle had blown some time before—that she might have arrived at 12:10 or. maybe later perhaps ap late as 12:20 or 12:25. Conley, also, in fixing the time of Marv Phagan’s arrival at the factory, said it was soon after the noon whis tle blew, therefore, a little after 12 —thus placing Mary’s arrival between 12 and the time of Monteen Stover’s arrival, which wan 12:05. Now then, take your pencil and paper, and figure this problem out for yourself. Can you reconcile Conley’s story with the other things proved, in the main, by the State’s own witnesses? Poteat Suggests Jail For Slit Skirt Girls NEW HAVEN, CONN., Aug. 9.— President Edwin Poteat, of Furman College, Greenville, S. C., says young women who are parading in New Ha ven with slit skirts should be put in fail. “Women who indulge in surh de praved dress are a menace morally to ihe commonw'ealth,’’ said Poteat. 65,000,000 Pounds Of Butter On Ice CHICAGO. Aug. 9.—Although Chi sago housewives have been paying mid-winter prices for butter and 1 further advance is expected, there are more than 65,000,000 pounds in cold Btorage, according to the Warehouse men’s Association. This is 10.000,000 dom than the reserve a year ago. Two Girls to Accuse Diggs and Caminetti SAN FRANCISCO, Aug. 9 —Marsha Warrington and Ida Norris, the Sac ramento high school girls alleged to have been taken to Reno in November by Maury I. Diggs and Drew Caminetti for immoral purposes, will take the stand against Diggs when his trial is resumed Tuesday. No session of the Diggs trial was held to-day. Diggs and Caminetti will take the stand be fore the trial is concluded. Judge Van Fleet dealt the defense another hard blow yesterday when he announced that the jury would not con sider the willingness or unwillingness of e two girls to accompany Diggs and Caminetti. Mary Phagan leaves her home at 11:45, according to her mother Jim Con ley swears he saw Mary Pha gan enter and heard her scream BEFORE Monteen Sto- trer came. Absence of Alienists and The Hypothetical Question Distinguishes Frank Trial By 0. B. KEELER. HAZELHURST HOME BURNS. HAZELHURST.—The residence jf R. T. Williams burned this morning at 2 o’clock, the family barely escap ing. The loss is $3,800 with $1,500 insurance. Tne fire originated about the kitchen. There are two things about the Frank trial that entitle it to dis tinguished consideration. Thus far not a single alienist has been called to bat, and only the com mon or domesticated type of the dread Hypothetical Question has ap peared. In most of our great murder trials, the alienist is th e last resort, or one of the latest resorts. Usually he is in troduced by the defense; anywhere from four to eight of him. The prosecution promptly counters with an equal number of wheel in spectors. The defense (vide Thaw case) gen erally proves to its own satisfaction that the defendant was crazy when he did it, but since has recovered his equilibrium, his alibi and all the rest of his scattered personal effects. The four to eight experts for the State differ slightly with this find ing. They All Agree. They report that to the best of their several and collective knowl edge and belief, which is consider able, the defendant is the happy pos sessor of one of the sanest little noo dles they ever had the pleasure of sitting on. They say there is prac tically no chance that any such care fully-geared aggregation of mental sprockets ever slipped a cog. But they add that, if the defense insists on the accused having been non compos at the time he did it, he most assuredly is in the same condi tion at present, or more so. In short, the State contends that the defendant either should be hang ed or remanded to the solitary uphol stery for the rest of his life, accord ing to which is most highly objec tionable to the defense. Vide Thaw case ad lib. One Notable Exception. There is only one case on record where a corps of alienists employed by one side agreed with those hired by the opposition. It seems that the accused person, without any advice or suggestion from his lawyers, broke out all over with shockingly acute symptoms of demen tia soon after he was arrested. The defense ordered out the alien ists. They reported that the accused un questionably was insane—remarkably Insane. experts to the full war strength anl ordered them to advance with cau tion. To the intense surprise of everyone, including the defense, they reported that the prisoner was crazy beyond the shadow’ of a peradventure. They said he couldn’t be any crazier with out coming apart. Well, that just about settled It. What prosecution could hold out against the combined forces of two sets of alienists? It was the first time on record that the warring ex perts had agreed. And this time they were both wrong. Inside of a year the record-holder for craziness—sprints, middle dis tance and Marathon—had got himself out of the bat factory and wa: en joying life in a more congenial im«? that had no extradition provisions in the treaty, if any. The Hypothetical Question. The hypothetical question is used rather more frequently than the alien ist, because it is less expensive and embarrarssing, while offering no more than an even break to the other side and confusing the jury fully as muen as the most complicated allenistie explosions. When the h. q. is sprung by the * pedigree is propped up in the wit ness chair and compelled to listen, with the jury and such of the auditors as can stay awake, to a detailed rela tion of incidents beginning some time before the birth of the accused and extending to the date of the crime, with provisions and qualifications to fill out four hours and a half and eleven columns of "six point.” Then the expert says: “No.” After which an expert for the other side listens to the same recital, re peated. And he says: “Yes.” What the jury says never gets into print. French Tars Flee in Panic. L’ORIENT, FRANCE. Aug. 9.— Twenty sailors on hoard the French battleship Courbet were scalded and otherwise injured to-day when a tank exploded on the ship. Thinking that the magazine had let go the crew rushed on the decks in a panic and ’I'hen the prosecution recruited its many leaped overboard. ENTRIES AT FORT ERIE. FIRST—Purse, $500: two year olds; 5 furlongs: Old Reliable 103. Half Diw ios. Our Mabel!c 105, Dark Rosaleen no, Moss Fox 108, I^ady Isle 105. SECOND—Purse, $500; selling; three year olds; 6 furlongs: Parnplnea 100, Gasket 105. Queed 102. Counterpart 107, Battery 102. Fred Levy 107. Mother Kmteham 105, Palph Lloyd 107. TIIIRD I ’ e, $t0< and up: 6 furlongs: Panzaretta ‘.*5, Cowl 103, Oalgary 100, Upright 105, Frisco 100, Joe Knight 105, Early Light 100, Media tor 105, Sun Queen 103, Duquesne 108. FOURTH—Iroquois Hotel Stakes Han dicap, $1,500; two year olds; 5Vfc fur longs: Peacock 95, Perpetual 105, Miss Gayle 103. Dasher 112, .Just V 105, Czar Michael 114. Vandergrift 123. FIFTH—Mile and 70 yards; $600; three year-olds, and up: Camellia 99, Cousin Puss 104. Clubs 101, Elwah 104, Just Red 101, Font 106, Melton Street 114. SIXTH—Purse; three-year-olds and up; selling, $500; 1 1-16 miles: Mic- costlkee 90, Silicic 104, Missie 95, Lord Elam 104. Marshon 95,• Spindle 104, Adolante 103, Bobby Cook 106, Be 103. SEVENTH—3-year-olds and up, purse $600, selling, mile and one-sixteenth: Pliant 101, Captain Bravo 1U6. Tactics 103, Tom Sayers 108, Floral Day 105, Rash 108 x—Apprentice allowance claimed. Weather cloudy: track slow. TORONTO ENTRIES. FIRST—Two-year-old maidens, 5 fur longs: Ladle Haver 84 Hope 8!*, Miss Harvey 108, Ironical 106. Miss Edna Fenwick 108. Outclassed 110, Porcupine 110, Satinbower 1L3, Longus 115. SECOND—Two-year-olds, selling. 7 furlongs: xNoon 107, xFlims 107, Miss Menard 110, Miss Dulin 110, Carrillon 110, Moonlight 112, Jim O 112, Tackle 112, Star Ashland 112, Running Account 115. THIRD—Four-year-olds and up sell ing, about 5 furlongs: Mary Bickford 100, Nancy < irme 100, Ollie Byrne 1U0. The Parson 100, Charles T 100 xWinnie McGee 101, xTom Hancock 104. Littlest Rebel 106, Tik Tok 109, Rummage 109. FOURTH—Three-year-olds and up, selling, 5 furlongs: xOrimar Lad 102, Naybelide 105. Booby 105, Dustpan 107, Toddling 107. Golliwogg 107. Curious 107. Gliplan 107, Fanehette 110, Star board 112. FIFTH Three-year-olds and up, sell ing. about 5 furlongs: Protagoris 100, xPhew 100. Cassanova 105. Racing Belle 110. Jim Milton 112, Premier 112, Joe Gailens 112. Maurice Reed 112, Dust 112 McAndrews 112. SIXTH Four-year-olds and up, sell ing. 61/ 2 furlongs: Sandman 102, I >e- liciouH 105, Goiden Baby 100, xYaalee Lotus 106. xOhilton Squaw 108. Port Arlington 108. Barndanoe 108, Roseburg II 110. Merine 111, Lelaloha 111. SEVENTH—Four-year-olds and up, selling, about 6 furlongs: xCecil 102, Lady Robbins 105, xCup Nelson 107, Lou Lanier 110, Arrow Shaft 110, Jennie Wells HO, Turkey In The Straw 110 Evelyn Doris 110, Lima 110, Earl of Richmond 112. EIGHTH—Three-year-olds and up, selling. 7 furlongs: xBrush 97. Janus 107, Casque 108. Kittery 108. Nila 111, Song of Rocks 111, Bogart 113, Lasaja 113, Camel 116. NINTH—Three-year-olds and up. mile sixteenth: Gagnet 99. Ursula Emma 109, Rose O’Neil 104. xlleriotic 105, < mr s'nj?g<-U 105. Bad News II 106, I'alma 106, Pierre Dumas 109. Veneta Strorne 119. Senator Sparks 115. x -Apprentice . allowance. Cloudy; muddy. AT SARATOGA. FIRST RACE—Handicap, 2-year-olds, 5V2 furlongs: Boot and Sadd.e 11!*, Hit ter Gold 113, Cassuarina 122, Bringhurst 118, Cutaway 109, Enerbey 108. Sur prising 114, Edith W. 106, Superin tendent 98, Galaxy 105. Northern* r 102, Harry L. 106, %*i]ph 95, OTIagun 107. MAM GIRL IS Ethel Edmondson Overwhelmed by Wrightsville Breakers—At tempted Rescue Fails. Miss Ethel E<lmcnd5»on, 24, daugh ter of Mrs. S. P. Finchef, of No. 343 North Jackson street, was drowned at Wrightsville Beach Friday afternoon. She had been at the beach but a few hourM when she decided to enter the surf. Scarcely had she reached the water when a huge wave raced in and knocked her down. Roy Walraven. of Atlanta, who was with Miss Edmondson, was stunned for a moment by the force of tlie Wave, hut recovered quickly and went to her rescue. He had a terrific strug gle and but for the timely arrival of Life Saver W. E. Watson he prob ably would have lost his life. Miss Edmondson left Atlanta on Thursday night with a party of seven for a ten-day stay at the beach. She was a member of Grace Meth odist Church and was employed as a stenographer by the Wester Music Company. News of her daughter’s sudden death almost prostrated Mrs. Fincher. The body is expected to arrive in At- Itnata to-day. Funeral arrangements will be announced later. ILL SHEET Chairman of Investigation Com mittee Hints at Impeachment Proceedings. NEW YORK, Aug. 9.—Governor William Sulzer, of New York, was nearly $50,000 in debt as the result of stock market speculations at the time of his nomination, and used contribu tions to his campaign fund to make additional purchases of stocks while this debt w’ae hanging over hlriV ac cording to testimony presented to the Frawley committee of the Legisla ture. The evidence is sufficient to war rant proceedings to impeach the Gov ernor for violation of the corrupt practices act, Chairman Frawley de clares. A decision as to the commit tee's recommendation is expected by Monday. The Governor, according to the evi dence, had dealings with three dif ferent stock exchange firms and was saved from being sold out by one firm by L. N. Josephthal, a Wall street I banker, and a member of the Gov- ; ernor’s staff as naval reserve aide. Josephthal, it was brought out, paid | a debit balance of $26,739 still stand ing against the account on July 15 last. This was after the Governor had received repeated calls for more mar- grin. Used Campaign Funds. The Governor’s transactions with the other firms were for cash, and it was in connection with one of these that Governor Sulzer, according to the evidence, used campaign con tributions. Arranged chronologically, the testi mony appeared to show that on Janu ary 1, 1912, there stood on the books of the stock exchange firm of Harris &. Fuller an indebtedness of $48,599 against the purchase by Governor Sulzer of 500 shares of “Big Four,” 200 shares American Smelting and Refining Company and 100 shares of Southern Pacific. This testimony was given by Melville B. Fuller, a member of the firm who on Wednesday had refused to answer the questions of the committee. Before testifying his counsel announced that the Gover nor had agreed that “Mr. Fuller’s lips should he unsealed.” There were no other purchases of stock recorded on this account, ac cording to the witness, until Decem ber 5, 1912, when the Governor bought 100 shares of “Big Four," making 600 in all. On December 11 the firm, ac cording to a letter produced by the witness, made its first call upon the Governor for more margin. The books showed that on November 18 previous the Governor had paid in $10,000 against the account, and that on De cember 16, apparently in response to the call for margin, he paid in $6,000 more. During Governor’s Campaign. In October of the same year the evidence indicated that Frederick Col well, the Governor’s alleged “dummy,” purchased from Boyer. Griswold & Co., 200 shares of “Big Four” railroad stock outright at 60, for $12,025, the $25 representing commission. This was at the height of Mr. Suiter’s campaign for the governorship and transcripts from the firm's books showed the Btock bought on October 16 was paid for partly in checks, at least two of which were identified in the testimony as Sulzer campaign contributions. There were seven checks in all, and the others are charged by Eugene L. Richards, coun sel for the committee, as having been also campaign checks. Will Meet to Devise Ways to Sell Space in Atlanta Manufac turers’ Show. The various committees appointed to canvass the Atlanta manufacturers and sell space in the proposed man ufacturers' permanent exhibit to oc- cupy the four top floors of the new Chamber of Commerce Building will meet at the Chamber of Commerce rooms Monday noon. About 76 mem bers of the committees will be pres ent. Brooks Morgan is chairman. At the meeting new ways of inter esting manufacturers in the exhibit will be discussed. It is proposed to have a competent custodian to show visitors and buyers through the ex hibit and put them in touch with manufacturers. The exhibit will be advertised in hotels, street cars, railway stations, etc., and will be a show place for At lantans and visitors. It will serve *o acquaint the people of Atlanta with the wide variety of manufacturing enterprises here and will make it easier for visitors to find where Just what they want is made. The Chamber of Commerce has added an industrial and statistical bureau, which Is In charge of Wad'> H. Leahy, former passenger agent of Ihe Atlanta, Ikirmlnghain and Atlan tic Railway. Statistical bulletins will be published. Popular Music for Visiting Merchants At Sunday Concert A light and popular program for tMe benefit of the visiting merchants and manufacturers will he rendered at the free organ concert Sunday afternoon by Charles A. Sheldon, under th^ auspice* of the Atlanta Music Festi- \ al Association. A wonderful series of variations on the melody, “Old Folks at Home.” will be a striking f atur** of the pro gram. There will be a brilliant mili tary march, a composition of Ha^ry Rowe Shelley’s, with imitative pas sages of trumpets and drums. An other special feature will he Nevin s “A Day in Venice.'' The only piece of classical music on the program will be the prelude to “Lohengrin,” a com position whose beautiful harmonies appeal to all ears Slayer of Savannah Girl Gets Life Term SAVANNAH. Aug. 9.—After being out 24 iiours a trial jury found Hugh Harrison guilty of the murder of Ruth He-ster and recommended mercy. The prisoner was immediately sen tenced to the penitentiary for life. Harrison was apparently unmoved by the verdict. Also eligible: Uncle Mun 102. King Mc Dowell 103. SECOND RACE -Steeplechase, 3- vear--olds and up, maidens, 2 miles: Cliftonian 145, Garth 142, Repentant 130, Summarv 132, Humility 130, Bayport 132. Ariosto 145. TIHR RACE All ages, Lightweight handicap, 6 furlongs. Ringling 116, Sir John Johnson 136, Flying Yankee 117, Geneva 109, Baliycliff 12->. Isirose 118, Hobnob 137. Founrttion 138. Preseump- tion 129, Sehago 139, Sickle 122. Silver- moon 112. Isidora 122, Semprite 120. Also eligible: Housemaid 131, Aziade 129, Besom 130, NigTitstlck 130, Scally wag 126. FOURTH RACE Selling, 3-year-olds and up. 1 mi>i Boh R. T18. oakhurat K»7, xEila Bryson 104, xRolling Stone 101. x.h *• Delbold 102, Royal Meteor 103, Towtonfield HO. FIFTH RACE Two-year-old fillys and gelding*, madiens, 5^ furlongs: Miss Cavanagh 108. Bradley’s Choice 108, Undaunted 108. Ash Can 108, Irides- renVo E08, I ne 108. Harvest t^ueen 108, Valkyrie 10$, Kilcrea 10$, Hillstream 108, Tran id 108. Charlestonian 109. Klhoid 108, Tea Enough 108, Humilia tion 108. SIXTH RACE Selling, 3-year-olds and up. 1 mile Dartworth 108. Creme de Menthe 108, Little Jupiter 104, Kate K. 108. Working Lad 198, Sir Denrah 108, xJawbone 115. x’C**l. Ashmeade 100, Hallshe 119, Shash 108, Bunch of Keys 101. Tick Tack 105, Sevftrence 108, Grenida 103. xApprentice allowance claimed. Weather, clear. Truck, fast. Senate Enacts Bill For Inspection of Georgia Bakeries The Georgia Senate Saturday morn ing concurred in the House amend ments to the medical practice bill and passed the Hixon “germ prevention" measure providing for the inspection of canneries ami bakeries of the State The vote on the latter was 34 to 4, the only opposition arising from thos<? who argued that the bill necessitated an unwarranted expense. Sharp debate took place in the Sen ate when the Hhie-Allen measure providing for an amendment to the law on corporation charters, no as to allow an extension of time of two yeads instead of one for actual con struction, was presented. Senators Harrell and McNeil, op posing the bill, charged it Was really aimed to provide an extension of tirri* for a corporation, which, it is said, was originally known as the Georgia- Uarolina Electric Railway, and that as such it evidently was for speculating nurposos. The bill was passed, 25 to 6, and was transmitted to the House following the defeat of a motion by Senator McNeil to reconsider. Do You Know Where io Buy These Things 7 Magnifying Glasses, Linen Testers, Microscopes, Goggles, Stereoscopes, Compasses, Telescopes, Field Glasses, Binoculars, Pedometers, Eye Shades, Opera Glasses, Automatic Eyeglass Hold ers, Shell Library Frames, Thermometers, %- Barometers. We carry a complete line of the above, including special shapes 'and tinted goggles and other new and novel optical sundries. Step in and look them over. f\. K. HAWKES CO. OPTICIANS 14 WHITEHALL 2 TRAINS DAILY Lv.l:12AM,5tlQm