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- ’""•'■’•I - 4 A IIEARST'S SUNDAY AMERICAN, ATLANTA, 0A„ SUNDAY. AUGUST in, min. INTEREST IN TRIAL STORY OF MINCEY NOW CENTERS Question of Time Considered of Paramount Importance in Defense Theory of Trank Case '“P’lIE diiurrnni shows the daily rou tine of the jurors who are trying the case against Leo M. Frank. Their days is traecc from llieii rising at 1 he Kirnbf 11 House. their walk to 0he courtroom, their lunch in Pryor street, th eir r* turn to court, their stroll after adjournment,, and their final retiring for lh e night. TT O H / x T BA MR WTTsS $3s> m v JURY 071 — WAY X ^ TY OOl/JCT 'A COUAYIy YYAEYY A SPAY Sar ZUIZY WAZJT fjf: ! 0 S00 BBPBBBBF — E JJJJj CODAT cm/sz «U<^ I yzzfy' 1 peg s I1I-O00 El §J 0 Jr YZZFA Fayvcfi. (Y7oo>r) __ 'T- rTg q g /IP* / aoo O/jn rr ’BBS 3 0 h \ ATPD FOQYT Jprstr arT r-YYT- V J17FF *7 1 BAPAKE4S'j r * k- .5vJSVFPTF MV, H Phagan Trial Makes Eleven “Widows" *»*•*!* •!•••!* vt4* But Jurors’ Wives Are Peeresses Also By L. F. WOODRUFF- them and their observation of his at titude toward any of the other em ployees. Then they will be turned over for the searching cross-exami nation of Solicitor Dorsey and his as sociate, Frank A. Hooper. The time element, which figures so vitally in the murder mystery, will be this week bv the attorneys for la*' emphasized wlu-n the alibi witnesses .. ~ , . are on the stand. The public will ‘ *' Tan • [learn then for the first time the tru< Conley swore as glibly as though I strength of Frank’s defense. It is he were telling of an inconsequential • possible that his case will stand or Incident in one of his crap game that Frank had confessed to him tn As all interest centered in the dra mafic story of Jim Conley while the case of the prosecution in the Frank trial wan being presented, so the public now is awaiting with the keen es*t expectancy th« tale that \V. II Mincey. pedagogue and insurance so licitor. will relate* when he is called testimony of these very I fall on tl I witnesses. j Members of his family will tell of killing of Mary Phagan. Then the ne the # time he left home Saturday pro went on in elaborate detail to ted ] morning. lie "ill be carried alone ■ almost minute by minute from this- time until he reached the factory, did work there, went to Montag the horrible story of the disposal the girl's body. Mincey will tell a similar story. cx cept that Conley will be named as th*> man confessing the crime and then will he none of the grewsome d* - s riptions of carrying the limp body from second floor to basement in • piece of crocus bagging. The coming week of the trial will have other witness's galore Rome of.them may he of much more impor tance than Mincey. Some of them may contribute in a much greater d< - gne to the >nrength of the defens* case. But the appearance on th* r and of no person is being awaited with higher interest than that of Mey. The defense has more than a hun- rr.--.-i other witnesses on which it ina> c ip during the remainder of the trial p, v.. of them will be on the stand f- r only a few minutes and others will be questioned and cross-* xamin“ * at cm ’hit rable length. It is regarded t ' r when the end of the week arrives- there will be still another w.*ek ahead b Tore the ca«e is ended and the ver dict returned Many of the witnesses who have be-n summoned are character wit- nt r es. The defense is aware that the Rtate has persons to call in re buttal. It i‘> regarded as highly lik* !y. ho'vvi r that Frank's lawyers will go ahead and introduce acquain tances and relatives of the accused man who will swear as to his good character and morality Had Never Seen Flirting. Miss Grace Hix, a pretty factory girl, living at No 100 McDonough road, told readily when she was being cross-examined by Luther Ross* r that in the five years she had worked at-the factory Frank had spoken r«> her only three Cm • and then only «>i business. She said -he never had seen him trying to flirt with any of the girls X. V. Darley. general manager of the factory, denied that he ever had known of any improper conduct or the part of Frank, and E. F. Hollo way. day watchman, testified to the same effect. Other girls will be called during i»n and Forsyth streets, and the pencil factory at about Bros.. Neb returned t< 11 o'clock. Testify of His Movements. Persons in the factory will testify as to Frank's movements up until tlie time they left at or before noon Mary Phagan was killed shortly aftei noon, it is during these brief mo ments that Frank's actions are not known, except upon his own state ments. The same is exactly as true as to Jim Conley, who was on the first floor* near the stairs. t rank says he does not know any thing of w hat transpired then or after of his own personal knowledge. Conley admits that he does, but in his admission he accuses Frank of know ing all. He tells a story of Frank directing him to carry the body t«» the base ment and then to write some notes which later were found by the* body. He narrates bis story in elaborate de tail. The defense is said to maintain it would have taken three-quarters of an hour or more to do all he describes. This is one of the places where the time ^dement enters. Conley says that it was four minutes before 1 o’clock when he went after the cloth in which he wrapped the girl's body to carry her downstairs. Question of Time Paramount. Frank was at home by 1:30 o’clock, according to one of the State's wit nesses. He was home slightly earlier :>*•< Tding to the defense’s. Albert Mo- Knight He would have bad to leave ih. factory at 1:15 or very close to that time to have walked to the street ear arol arrived home by 1:30, pro viding h- was abb to get a car w ithin two * r three minutes. Frank and the regi*. could n **ave had time to do all Conley edscribed in the nineteen minutes from 12:56 to 1:15, Frank’s lawyers contend, particularly in view of the negro's statement that he was hi*dden in i closet in Frank's room eight minutes of the time. The statement of Frank's fa: her-in- 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 hut 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 thei- pictures to he 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 w hen (fit* pay envelope was brought home with $10 missing and unac counted for, just as all wives have quest ioned. 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 had eleven widows made in a day, that eleven peeresses were added to Atlanta’s list and that eleven wives had 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 gets 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. The emoluments are considerable, but how about the widows? 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 widows. 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 saf* 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 Sinnle Juror. In the rapid selection of the Frank jury, it was remarkable that but one single man was selected \o decide a myster> that has purzled the master minds of the Atlanta detective bureau for more than three months. The State probably wanted married men, who would sympathize with the mother robbed of a daughter's life. The defense probably wanted married men \yho would sympathize with the wife of the accused and his mother Sin gle men are supposed to be as lacking in the natural supply of the milk of human kindness as a laugh ing hyena. The single man on the jury looks like he & married. Prob ably that's why he was accepted by both sides. And when they held up their right hands and swore to “well ani 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 (hem 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 pav the butcher bill and have a derate sheriff become thus acqua’ated with the condition of the 'amily larder and the connubial pu:se? She may kiss the clean collar w hen she sends it to him every Cay. but what assurance has she that nc 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 hut there are eleven new peeresses. The only trouble is. no one can marry any of them for their titles. the time Frank arrived home that aft- i noon. H. J. Hinchey has told of •ho time he sa*w him returning to the factory on a Washington street car. .1. C. Loeb will tell of riding to town with him. Harry Denham will testify *s to Frank’s arrival at the factory. Newt Lee’s testimony will be taken as • his departure. Members of bis • mily will be witnesses to establish iho time of his return home at night. • nd the fact that he remained thert until be was awakened by the officers he next morning. Dalton Sticks Firmly To Story Told on Stand. C. B. Dalton, prominent as a wit ness in th<* Frank trial, stuck firmlv to the story he told in court when he was c onfronted Saturday by the letter of Miss Laura Atkinson. No. 30 Eli i street, one of the young women men tioned in his sensational testimony. She branded his statement concerning her as false He maintained that all he said as a witriess was true—that he met her. as he had other girls of the pencil factory, and walked home with he* from a restaurant near the plant >n Forsyth street. Dalton was emphatic in his reitera tion of every detail of the testimony delivered by him from the witness stand. Here is Miss Atkinson's statement, in full, denying Dalton’s testimony: “Editor The Sunday American: Will you please allow me space to correct a statement made by Mr. C. B. Dalton in his testimony at the Frank trial. tory remarks about Mr. Dalton, but *n justice to myself and my good nam \ 1 certainly do feel it mv duty to say that his statement concerning me is false, and he had not the slightest ground whatever for making it anl no right to use my name in any way in his testimony. “I have known him only about six months, and have never been in his company but three tim On two oc casions I was at church with a gen- j tleman friend who was also a friend of his and he walked with us fro a the church to my hnipe. less than three blocks, and one afternoon while out walking met him and he walked with me a distance of about four blocks. That, and a few conversa tions over the telephone, probably three or tour, mark the extent of my ac quaintance with him. I worked at th pencil factory exactly two d&ys th^» second week in July (last month), and did not even see Mr. Dalton on either one of those dnvs. I had never worked there before nor been there, and have not since. “Will you please stat. these facts in your paper and clear up any false impression that may have been made on people’s minds concerning me. and the slur 1 feel has been cast on mv good name by having him make such a false statement where it would be pub’ished broadcast over the country? . will appreciate it and thank you very much if you will correct the statement. Sincerely. “LAURA ATKINSON. “No. 30 Ella Street.” little girl who was po brutally killed thinks of all this?” Mrs. J. W. Coleman, the mother, was t’ne first witness called at the beginnig of the case, now two weeks gone. She was dressed in deep black with a heavy veil about her face. As she pulled back the veil to speak to tfie jury the expression was calm without a sign of bitterness. And she answered in even tones. 'l#hen the Solicitor opened a little suit case and placed before her the clothes of her little girl. There was a stiflled cry. Those who looked lsiw* a face covered with a handkerchief. That was enough. So licitor Dorsey put no more ques tions. For ten days the grind of the court went on The mother was forgotten for more immediate things. Friday she was recalled in the midst of expert testimony on the -ef fect of digestion on cabbage. She came and indifferently told how she had cooked the cabbage that made the last meal of little Mary Phagan. Then she said: “Mr. Dorsey, will you need me any more? I am mo tired. I want to go.” He told her she could go. And il is very probable she will not appear at this trial again. Frank’s Accuser Is Not the Type of Negro White Men Con sider Their Friend. By TARLETON COLLIER. Jim Conley is a low-browed, thick-lipped, anthropoidal sort of negro. You look at him and your faith in Mr. Darwin’s theory goes up like cotton after a boll-weevil scare. Here is a burly, short-necked black man. On his upper lip is a scanty mustache of the kind that most negroes fondle with the vain hope that it will grow into a bushy thickness. Conley is the most common African type as to phy sique. Never a flash of brightness, nev er a gleam of w it, never the spar kle of unconscious humor came during the three days Conley was on the stand. Newt Lee made the courtroom laugh. Conley didn’t. He was always deadly earnest. This earnestness is common to the most ignorant and illiterate mem bers of the race always, particu larly to the negro without a moral sense, without the inkling of a con science, without scruples. Delights in Du!! Things. Many people are given over to the fond belief that negroes are hap py-go-lucky anti irresponsible. Not negroes like Jim Conley. His kind find no pleasure in the simple things. Their recreations are sor did. They find their delight in things that are dull and drab, much as an animal would. You can well believe that Jim Conley watched at the door while white men and women met secretly. Jim Conley probably has no con victions concerning a God, nor be lief in anything djvlne. It is this belief that makes the unintelligent negro a lovable pt rson. Jim Con ley lacked it, and became repul sive. w Most negroes pave a simple fai’h and an unorthodox theology. Their immorality is ingenuous and child like, and they err. when they do, through weakness or forgetfulness. Not Jim Conley. Every Southerner knows Jim Conley’s type. The negro did not laugh in the three days of his ordeal. He newer smiled. And it was not because he was afraid; it is just that his type is not given to smiling. If he had squirmed in his seat or seemed uneasy, if he had revealed the slightest impertinence or the least hit of humor, if his eyes had only once seemed to , plead with Luther Rosser to slacken the high tension of the cross-examination, then Jim Conley would have be come the kind of negro that white men consider their friend, a human person. Instead he sat there, his elbovrs or the arms of the big chair, his Mary Phagan’s Mother and published in your paper yester- To Be Spared at Trial. dav? In answer to a question from A Mr. Rosser as to whether he ever A spectator at the trial of Leo M. went to the pencil factory with any ! f° r the murder of little Mar> one except Miss Daisy Hopkins, he | Phagan remarked said yes. he used to go to the Busy wonder what the mother of the IV, and wait for the factory to close to walk home with the girls, and gave my name as one of the girls. “His statement, as I read it in you’ i paper, impressed me as being intend- ed to convey to ‘he minds of those j who heard It (and. of course, all who read it) the idea That I was working at th*- factory at the time he says he law . Emil S- Me th* s* rvant. Mimda | went there and that he was in th A’cKnigl : . : •;* r husband Ail* •• ; hab’t of walking home with me. 1 this week. They will he questioned n regard Frank’s attitude toward M« Knight, will be taken to establish * have no desire to make any deroga- WRI&HTSVILLE BEACH S6 It would he difficult to find more conscientious, efficient and painless dentists in Geor gia than the gentlemen who own and operate the NEW YORK AND AMERICAN DENIAL PAR.ORS 23 1-2 and 32 1-2 Pf*achtroo Street, Over Bonita Theater W. J. HARPER Round trip Saturday. August 23. Special train, sleepers t^nd coaches. Leave 6 p. m. Make reservations early. SEABOARD. No students. All experts in their profession. Eight to twelve years’ experience. They adver tise that you may know where to get the best work at reasona- They solicit the most difficult cases and P. E. COLEMAN guarantee to fit bte prices. every case they take. If others have failed, try them. Good set of teeth. $5. All work guaranteed. Lady attendant. References Third Na tional Bank Phone Ivy 1817. SOKTJf FJ?YOJ? ST. hands crossed in his lap, his eyes fixed on the eyes of the man who questioned him, and he answered glibly. Even when he lied he gave back gaze for gaze, and answered glibly. This little sketch of Jim Conley has nothing to do with w hether his story is true or false. It may be the one or the other. The majority of men who have followed the case are of the opinion that a large part of it is true. Be that as as may. This is an attempted picture of the negro who has become the most no torious negro of Georgia, and it is altogether outside his story. This is a picture of the negro who watched at the door, who lied, and lied even when he was under oath. His life has been pitched in sordid lines, and he probably for got long ago that there is such a thing as a conscience or a judg ment. It is just because of this that Conley’s story has been the remark able production it was—a com pound of admitted fabrication and probable truth. The negro has no scruples against falsehood. Little of his life, it is likely, has been true, and he could ver-- easily sit unperturbed and tell a story that was false. Jim Conley is not clever. He was merely running true to form, main taining his type, when he told his story. A white man with a similar lack of conscience, and in a similar po sition could not have been more glib and plausible than Conley. But he would have seemed more clever, and probably would have injured his story because of that clever ness. He would have smiled at times, ofc appeared careless. Or, if he lacked the temperamental basis of falsehood that Jim Conley un doubtedly has. he would have suc cumbed and his story would have fallen under the merciless fire of the cross-examination. Conley Just Unmoral. Jim Conley was calm, unmoved, unsmiling, even grim—if a negro can be grim. And his story could easily have been true or false. It was sufficiently plausible to be tru^ It was sufficiently typical of the con scienceless Conley kind of a negro to be false. But however that is. you get the impression that he i* not the playful kind of negro you like. Not clever, not to be coaxed or wheedled or browbeaten into either friendliness or resentment, not to be shamed by a show of his falsehoods not to be frightened by threat of punishment, Jim Conley with his lies and his placid, unemotional nar rative of how- he dragged dead Mary Phagan as he would a bundle of rags, gives you to know that the entire sketch of his character may be summed in one wmrd—unmoral. Motor Races Tuesday Night 8:30 P. M. }JS2589S&9$S&.&SS&&££SS&SQSS&!Zl&3£Si ATLANTA’S BUSIEST THEATER FORSYTH KEITH VAUDEVILLE Week Aug. 11th 2:30 8:30 The Star of Musical Comedy RALPH HERZ In Character Songs Vaudeville's Best Novelty Will. A. WESTON & GO. In “Attorneys" Ringling's New York Feature ABAS FAMILY Sensational Aerialists A Delighting Treat WOOD & WYDE In “Good Night" A Laughing Surprise MILO BELOON k CO. "Oh Doctor’’ THE RANDALLS Sharpshooters BRANGAN k SAVILLE Novelty NEXT WEEK WILLIE WESTON MIKE BERNARD SEE THE MOVIE ALL SEATS Sc ALL NEXT WEEK AT THE MONTGOMERY ill Allee emu Qi.U HISOuil rOSt3 CHARACTER AMD HAHKCNY SINGERS SPECIAL FOR Li Of J DAY ^‘TKE FLIGHT CF THE CROW” COOLEST SPOT SW TOWN iS t Admission-10 A. ShPIjsI >■* M In IP M *ir- At Night—10c I* \ A }