Below is the OCR text representation for this newspapers page.

L 2 D TTEARST’S SUNDAY AMERICAN, ATLANTA. GA„ SUNDAY. AUGUST 10. 1010. VISITS OF GIRLS TO FRANK’S FACTORY REVEAI "UK diagram show s the daily routine of the jurors who are x' trying the ease against Leo M. Frank. Their days is traced from their rising at the Kimball House, their walk to the courtroom, their lunch in Pryor street, their return to court, their stroll after adjournment, and their iinal retiring for the night. jzoa&r rM Continued From Page 1. the defense, taking him on cross-ex amination, bridled his glibness wi^Ji many searching questions. At first the negro was sullen under the exam ination. "I disremember,” was bis usmal re sponse to the lawyers’ inquiries. Later he was forced from that de fense. and admitted that in some of the details he had been mistaken- Then he said he lied. Conley hud told In detail the cir cumstances of the day. and of his every movement. Later, Lawyer Ros ier got him to say that he lied about the time he got up. about the time be left home, about the time he lira* went to the factory, about the time he bought a flask of whisky, about the time he first met Frank, about the time Frank stayed away from the office, about the time various person* left the factory building, about the previous affidavits he had made in criminating Frank, and about a num ber of details that had come out. He Explains His Falsehoods. ’’Why didn’t you tell the whole truth in your last affidavit. Jim?’’ asked Mr. Rosier “You said then that it was the whole truth.” ”1 didn't want to tell it all at once,” replied the negro. That was his explanation of the many falsehoods that he didn’t want to tell all he knew at once. The very evident attempt of the defense was to establish with the jury the fact that the negro was not to be believed In the main when he so admittedly had lied In the details The negro came on th.‘ stand early Monday morning, and during the morning and the early afternoon he told a direct story, with little ques tioning. Then the defense took him The croas-examlnation started early, without apparent point, almost with irrelevancy. Rosser questioned him about his dally actions In the fac tory. about little Incidents and con versations that the negro found it hard to remember Then, gradually, almost Imperceptibly, the tor< »• of th lawyer’s questions was heightened, until they drifted into a savagem-s-l that wof» powerless, however. to phake the sensational story of the negro Heat Is Intense in Court. The week was a period of acute physical suffering The heat In the courtroom was Intense, und the men tal strain which spectators and prin cipals alike underwent was terrltic Dramatic indeed was the utory of the negro and of other witnesses. Moi dramatic, however, was the subtle battle ol wits between the lawyer- and the witness, and among the law yers over the witness and his words Everybody hung breathless on the course of the trial at times The strain told. Conley bore u\ because he was supported by doses of strychnine. Others, without this exhilaration, suffered. Dr. Harris, testifying, collapsed on the witness stand. Mrs. Frank, the prisoner s wife, who was calm and unshaken during the first days of the trial, gave way to the strain when the ex amination of Conley was at Its height, and succumbed to a fit of rucking sobs. Reuben Arnold, lawyer for the defense, way overcome by a faint spell, and was forced to ask Judge Roan’s permission to argue from his seat. Jurors strained and twisted it* de- their seats, exhausted by the mauds on mind and body. Even tlie spectators, always eager, always pushing into tho courtroom long before the time for the begin ning of the trial, were moved When, after a long period of consideration. Judge Roan denied the request of the defense to eliminate a great part of Conley’s testimony, a number of the spectators applauded. Court officials, mentioning this, declared their opin ion that it was due largely to the mental excitation under which many of the watchers labored. The applause was startling, and re vealed the temper of the public as unfriendly to Frank. When it came, the Jury was not In the courtroom, having withdrawn during the argu- nvnt of lawyers over the admissi bility of Conley’s evidence. In spite of the fact that the Jurors were ab sent. however. Lawyer Arnold threat ened to move for a mistrial, fearing the effect of the applause on their mental state In event they heard It In the next room. During the hubbub, in fact, lie made the motion but later withdrew It. Tells of Girl’s Visits. The ti-Mimnnv to which the defense objected was drawn from the negro in the State’s attempt to prove Frank a moral degenerate. Conley told of the visits of girls and women to the factory, and of Frank's association with them In an unusual manner. Jle named C, R. Dalton as a man who was with Frank on several escapades in the factory. Over this testimony there was a heated fight, the defense arguing for its inadmissibility, the State sustain ing It as legal. “The testimony is admissible be cause it indicates tho very purpose, motive and intent the defendant had in getting that poor little girl Into the metal room. It Is admissible as indicating a general practice of course of conduct.” said Solicitor Dorsey. "The importance of this evidence, dis gusting and abhorrent thought *'t may be. is going to be made more manifest as the case proceeds.” The Solicitor promised then that witnesses would be called to substan tiate what Conley charged regarding Frank's conduct prior to the day of the killing. Mrs. Frank Overcome. When the charges were made of practices by Frank, the prisoner’s wife was overcome. She hung her head, her face flushed, and. unable longer the endure the situation, she left the courtroom. She walked out with eyes averted, and returned later with the traces on her face of a ter rific struggle to be calm. Her eyes were red und her face puffed and swollen, as if she had just braved a storm of tears and sobbing Hhe re sumed her seat, and remained immov able almost with eyes unblinking, during the remainder of the day’s | The prisoner’s# mother, also, was I perturbed. She moved restlessly In j her scat at Conley’s testimony, and then rose from her chair. She moved j across the courtroom as if unable to control herself, and then returned to I take her seat near her aon. All the testimony to which the de- • fense objected had to do with a period J before the day of the muder. Conley i had said that he often watched at the door while Frank had girls* in his of fice. To this the defense objected. Reuben Arnold argued that it was inadmissible be.aub# irrelevant and E LEVEN widows were made in Atlanta in a day without the assistance of the Grim Reaper, a trip to Reno, pallbearers or affinity stories in the newspa pers. And there is but one drop of consolation in their cup. When they were made widows they auto matically became peeresses, for which privilege many American girls have caused their fathers large sums of good American money and themselves heartache and their pictures to be printed between the story of the rabbit that chased the boa constrictor and the life narra tive of Sophie, the Shop Girl, who in a night became a stage star. They also had the satisfaction of having their husbands officially proclaimed good men and true, which they may have questioned when the pay envelope was brought home with $10 missing and unac counted for, Just as all wives have questioned. They’ll Be Brides Again. If there is any balm in it, the widows know that it will not be long before they can doff their weeds and once more don their bridal gowns Their husbands will return to them just as soon as they have decided whether or not Leo Frank Is guilty of the murder of Mary Phagan For It is due to the fact that their husbands are Jurors that Atlanta bad eleven widows made in a day, that eleven peeresses were added to Atlanta’s list and that eleven wives bad the glory of hearing their hus bands called “good” without sus pecting there was hidden meaning In the compliment. The peerage and the official com pliment as to character and $2 a day are the emoluments of a Juror of Georgia. A Juror in the Frank case gets a little more. He gels his keep, a place to sleep, and a deputy sheriff to keep him out of trouble, read his letters, inspect his laundry and keep him company during all his waking hours. Scant Solace for Widows. Tlie emoluments are considerable, but how about the widow's? Men must work and women must weep to the tuneful accompani ment of the doleful mourning of the harbor bar is the first thought. But there is some solace in the lot of the eleven Frank case widow's. Not every woman can know the thrill of widowhood and at the same time have absolute assurance that she is not going to remain in single blessedness the rest of her life. And then there’s no disputing the fact that they are peeresses. A juror is given his coronet when he takes his oath of office. Of course, in a criminal case he is usually paid the doubtful compliment of being termed the peer of a safj cracker, a short change artist, a blind tiger operator, or a gentle man skilled in the art of getting good money on bad paper, but Just the same the Juror Is a peer. And just the same Mrs. Juror is a peeress. Only One Sinole Juror. In the rapid selection of the Frank jury, it was remarkable that but one single man was selected to decide a mystery that has puzzled the master minds of the Atlanta detective bureau for more than three months. The State probably wanted married men. who would sympathize wdth the mother robbed of a daughter’s life. The defense probably wanted married men who would sympathize with the wife of the accused and his mother Sin gle men are supposed to be as laoking in the natural supply of the milk of human kindness as a laugh ing hyena. The single man on the Jury looks like he's married. Prob ably that’s why he was accepted by both sides. And when they held up their right hands and swore to “well and truly try, etc.” without objection to the split infinitive, the eleven “good men and true” were as com pletely divorced as if the judge had ordered them to pay alimony and had forbidden another marriage in a year’s time. The divorce pro tern, has been absolute. The widows cannot speak with their husbands. Nobody else can for that matter except a court attache. Deputy Reads All Mail. Writing them Is practically pro hibited. Every letter mailed a juror has to be read by a deputy sheriff and properly censored by him before it reaches the eyes of the trial man. And what wife would like to call her beloved "snooky” and have a deputy sheriff first assimilate the tenderness of the term? What wife would like to write for $8.67 to pay the butcher bill and have a deputy sheriff become thus acquainted with the condition of the family larder and the connubial purse? She may kiss the clean collar when she sends it to him every day. but what assurance has she that he will not think that the Chinaman has bungled in his work? She may send him a pair of freshly darned socks, but how does she know' that the deputy will not see a mysterious message In the needle work and appropriate the hosiery to his own pedal purposes? .No, there are eleven new widows in Atlanta, but there is no doubt but there are eleven new' peeresses. The only trouble is. no one can marry any of them for their titles. immaterial, and that it was a viola tion of the general principle In law that because a man committed a crime before, that crime can not be Introduced to show that lie had done a different thing of which he might be accused. Defense Shows Anxiety. Rut the testimony was admitted. and the defense’s lawyers retired, something of anxiety plain on the!? faces. The victory for tho State was significant. Conley was called from the stand Wednesday afternoon. He had been in the witness chair for fifteen and one-half hours, during which time he was in the hands of the Solicitor only two hours. The other time had been torture to him. However, wearied as he was on the ntand, he showed plainly that his bal, a nee was restored when he came down. He was even cheerful and laughed when ne pulled off his cost in the ante-room, lie begged for a cigarette and a newspaper. Dr H F Harris followed Conley on the stand for the State. He reiter ated testimony formerly given that Mary Phagan had been killed within an hour after she had eaten dinner Of this, he said, he was practically certain because of the evidence borne by undigested bits of cabbage and bread in the girl’s stomach. Dr. Harris was minutely examined by Reuben Arnold, for the defense, w ho revealed considerable knowledge of the materia medica However, the testimony he gave was unshaken by the inquisition Admits Visiting Factory. C. B Dalton followed Dr Harris His testimony was to a large extent corroborative of Conley’s. He bad visited the factory in company with girls, he admitted, while Conley watched at the door, and from his testimony the story of immoral prac tices in the factory was drawn. He told of visits to the plant with a young woman named Daisy Hopkins. Detective Rosser took the stand after Dalton, and wl h his testimony the case of the State w as closed, after a formidable chain of circumstantial evidence had been woven about the prisoner. Witnesses Introduced by the State when court opened FTidav. and those who followed Friday and Saturday revealed little of direct contradiction or refutation to the case which the State made out. Resigns One Place; Then Loses Other Mayor Quits Office to Become Col lector of Port, but Suffers From Curtailment. PORT HURON. MICH., Aug 9 — The order of Secretary McAdoo abol ishing the office of collector of cus toms at this port has thrown for mer Mayor John J. Bell out into the cold. When Mr. Bell received his appoint ment a few years ago he resigned us tho city's chief executive, and Com missioner Dixon was chosen as his successor. Then Mr. Bell appointed William It. Chadwick as his deputy. Now the order from Washington puts Mr. Chadwick in charge of the local part. Mr. Bell finds he has re signed himself out of one job and ap pointed himself out of another. $640 Average Income Of American Farmer Government Report Declares There Are Many Who Make far Smaller Sum. Thief Since Child; Boasts of 500 Crimes Boy Declares That He Is Beyond Reformation, and Welcomes the Gallows. CHICAGO. Aug. 9.—Walter Novak. 20, arrested with four companions aftter they had fatally wounded Pa trolman Samuel W. Sowers and beat en Patrolman Frank Walpole, ad mitted having taken part in more than thirty robberies in two months and boasted of hie career. "I was born a thief, and I’ve been a thief ever since.” said Novak. “I don’t care whether I go to the gal lows 1 started when I was nine stealing pennies. I have been k lit in all kinds of Institutions to reform me. but they only made me worse. I don’t want any member of my family to come and see me. If they come. I will kick them out “I suppose I have committed more than 500 robberies.” WASHINGTON, Aug 9.—Farming is not the most profitable business in the world, railroad press agents to the contrary notwithstanding, accord ing to a bulletin of the Department of Agriculture. For the first time in the history of farming in the United States the de partment has managed to get accu rate data on the subject. It reports that the average income of the American farmer is $640.40 a year. "It is reasonable to infer.” says the department, “that at least half of the farmers in this country have even smaller Incomes.” Feudist's Daughter Shouts at Convictiou Woman Obtains Practically All the Evidence Produced in Court Against Slayers. WINCHESTER, KY . Aug. 9 —The work or Mrs. Lillian Gross, daughter of Ed Callahan, of Breathitt County, former Sheriff and noted feud leader, was rewarded to-day. when a Jury returned a verdict finding Andrew Johnson. 19, guilty of having mur dered Callahan. The jury fixed Johnson's punish ment at life imprisonment in the peni tentiary. When the verdict was given out, Mrs Gross and Mrs. Timandy Calla han. young widow of the feudist, shouted for joy. The evidence was secured almost entirely by Mrs. Gross. Twelve witnesses, who swore that they saw Johnson at Jackson. 12 miles from the scene of the shooting, are under indictment for perjury. Underwood May Be Drawn Into Senate Race—Knox and De- Graffenreid Mentioned. MONTGOMERY. ALA., Aug. 9.— The death of Senator Joseph Forney Johnston has precipitated in Alabama a political problem. He was seized by the fatal attack of Illness at the time when he was In the midst of a fight with Congressman Richmond P. Hobson to retain his seat In the Sen ate, and Hobson thus is left without opposition. The dominant political powers in Alabama, it 1s generally recognized, are not altogether friendly to the Hobson Interests, and a man as pow erful as Johnston undoubtedly will be brought forward to oppose the hero of the Merrimac. Who will it be? Eyes Are on Underwood. All eyes turn to Oscar Underw-ood ns the likely opponent of Hobson. Here npar the end of the session of Congress, with his work well toward completion, It is conceded that TTnder- w'ood can relinquish with safety his grasp on affairs in the House and step Into the higher place in the Sen ate. A movement already is felt that may have its effect in bringing him out as a candidate. Meanwhile. Governor O’Neal must appoint a successor to Senator John ston to fill his seat for the tw'o years yet remaining of his term. And. un less by previous agreement other wise. the appointee probably will be a candidate for the coming term. If Governor O’Neal appoints Col onel John B. Knox, of Anniston, to the place, Knox certainly will be a candidate for the long term, his health permitting Knox for years has had ambition to enter the Senate. Twice he has been a candidate, losing In 1907, when Johnston and Bankhead were named pravlsional Senators to succeed Pettus and Morgan, who then were near death, and again in 1910, when he opposed Bankhead. Knox a Brilliant Figure. Knox Is a brilliant, eloquent, alto gether spectacular figure. The Gov ernor may not feel disposed toward his appointment on one ground, how ever One year ago occurred a va cancy on the bench of the State Su preme Court, and Governor O’Neal tendered Knox the appointment. Af ter weeks of deliberation the Annis ton man declined it. Political gossip at that time was heard to the effect that the Governor was placed in an inconvenient nosrition because of the refusal, and be was forced to take Judge E. D. DeGraffenreld from the bench of the Court of Appeals to place him In the Supreme Court. DeGraffenreld is O’Neal’s closest friend and political adviser. That he should be In line for the Senate ap pointment is» not considered unlikely in a number of places. In event he is appointed, it is unlikely that he will make the race for the long term, and the Underwood shadow looms up again. The death of Senator Johnston, oc curring almost simultaneously with that of his present political ally and personal friend. Major W. W. Screws, editor of The Montgomery Advertiser, is regarded in Alabama as a startling coincidence. Major Screw a was Johnston’s firmest supporter in his race against Hobson. Recorder Wood, “People's Candi date,” Denounces Opponent as Champion of Interests. Consuls Complain This Country Has Failed to Protect Foreign ers in Mexico. WASHINGTON, Aug. 9.—M. A. Leach, of San Francisco, who, as an eyewitness to the sacking of Duran go, Mexico, by a rebel force gave Sec retary Bryan a sensational account of the looting of banks, stores and resi dences and the ravishing of women which followed the capture of the city, left Washington for Chicago, aft er having repeated his story to Sena tor William Alden Smith, Senator Works and several others. Mr. Leach said two German Con suls left Northern Mexico tw'o weeks ago for Germany, carrying with them reports on the conditions which exist In the southern republic, with partic ular reference to the losses and indig nities suffered by German residents. They complain that the American Government has not moved to remedy conditions, and they will strongly urge the German Government to come to the relief of Its subjects in Mex ico. Mr. Leach said that, as all his pos sessions in Mexico have been destroy ed, he is in a position to talk freelj' of conditions and that the fear of further damage has kept Americans and other foreigners in Mexico silent. He says all foreigners and 90 per cent of the better element of Mexicans see no settlement of Mexico’s troubles ex cept through intervention by the United States, and that a crime against the United States will be com mitted if the border is thrown open to the indiscriminate shipment of arms into Mexico. He declares this will be arming the Mexicans for the inevitable conflict with the United States or with for eign powers. He declares a policy of letting the Mexicans fight it out does not meet with the approval of the European governments interested in Mexico, and that if this policy is adopted by the United States it means the Monroe Doctrine must be aban doned and European nations allow'ed to enter. BIRMINGHAM, Aug. 9.—Clement R. Wood and George B. Ward are engaged in the most spectacular cam paign for President of the Commis sion of Birmingham ever waged in this city. Wood, as the “candidate of the peo ple,” is making many and varied charges against the political element supporting his opponent, Mr. Ward. He charges that he (Wood) was re moved as Recorder by the Commis sion for sending one of their friends to the stockade and insisting on his serving his time, as he did in simi lar cases. He also charges that Ward repre- t sents the Birmingham Railway, Light and Power Company and the Bir mingham Loan and Discount Com pany. He charges that the manag ing editor of one of Birmingham's afternoon papers was forced out of the race under penalty of losing his position on the paper. He claims that many other pros pective candidates have been elimi- , nated from* the race by the powerful hand of the interests, and calls on the “common people” to assert them selves in the defeat of Ward. Ward claims that Wood was dis couraged by the Commission because of incompetency, and makes many other charges and insinuations in his speeches and newspaper cards. Meetings are being held almost every night, and music from brass bands and the orations of the spell binders are to be heard on every corner. It is impossible to get a complete line-up, but it can be said with cer tainty that the race will be close, and that the result will be known only after every vote has been count ed. Orders Coffin Repainted. LANCASTER, OHIO, Aug. 9.—Be lieving that death is near, James Swan, 87, a pioneer of Ingham Coun ty, has sent a coffin that he had mad© for himself several years ago to a painter at Danville to be “retouched.’* NEW YORK, Aug. 9.—Major Mig uel Lebrija, head of the aviation corps of the Mexican army, sailed on the Torraine, French Line, yesterday to buy twenty aeroplanes and two diri gibles for his Government. On the machines and their accessories the major expects to spend nearly $1,000,- 000. The aviator expressed his convic tion that aeroplanes could sink with in an hour any battleship ever built, by dropping bombs on its decks. On account of the altitude of the City of Mexico, the machines which he is going to purchase will have to be far more powerful and will have greater wing surfaces than those ordinarily used at sea level. Among his fellow passengers were Rene Bazin, Rear Admiral Aaron Ward and Mr. and Mrs. C. T. Wade. Annual Mountain Excursion Southern Railway Saturday, August 16. $6.00 Asheville, N. 0. $6.00 Lake Toxaway, N. 0, $6.00 Hendersonville, N. 0. $6.00 Hot Springs, N. G. $6.00 Tate Springs, N. 0, $6.60 Bristol, Tenn. ** Final Limit September L Three trains to Asheville. Morning Noon Night 8:00 a.m. 11:15 a.m. 9:30 p.m. MAKE RESERVATIONS NOW AGED HUSBAND SUES GIRL i WIFE WHO SPENT FORTUNE PITTSBURG. Aug. 9—Joseph ffal- ters. aged 70, a prominent McKees port man, who married Ruth Hender son when she was 17 years old. filed a su: in Divorce Court, asking a de cree because his wife, after forcing him to spend his fortune of $100,000 on her, “ran away.” I SEE THE MOVIES AT THE GRAND ALL SEATS 10c i ( ( I