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THE ATLANTA GEORGIAN AND NEWS. 1ST UNABATED AS L ENTERS ON THIRD WEEK DIAGRAM SHOWING DEFENSE’S THEORY OF THE KILLING By JAMES T ho third week of the most remark able murder trial ever known in Geor gia opened to-day with no apparent lessening of the pcute interest and grim appeal heretofore attaching to it. The public has come to realize thor oughly and completely that the issue is a battle not only between the State and the defendant, Leo Frank, but between Leo Frank and the negro Jim Conley. Presumably, the defense will take the entire week rrtunding out its case and perfecting its undermining of Conley’s story. If it does get through wdthln the week, it will have employed approxi mately the same amount of time in telling its story that the State em ployed in telling the other aide. The first powerful and bewildering shock of Conley's tale, unanticipated in its full sinister detail, has passed away in a measure, it seems. It is but the simply truth to say that the day of and the day following Conley’s awful charge, in addition to the one of murder, marked the climax of the State’s case and the zenith of feeling against Frank. Then it was that the outlook for the defense seemed to be the most dis mal. and then it was that even Frank’s most loyal friends and sym pathizers began to grow apprehen sive and sore afraid. Doubt Begins to Grow. Since the defense began its plead ing. however, there has been some- ; thing of a revulsion of feeling—-or, at least, there appears to have been cre ated a doubt in the minds of many people as to the complete and con- \ inc’lng probability of C onley s reve lations.. Xo.t that the defense is out of the woods yet. by any means—as a mat in' of favt, the defense still is very deep in the woods, and while there may be those who ..think the. defens? - . UloJ-y sees daylight and sunshine ~s me where through the darkness, .t generajly is admitted that the dark- -nee* s iU very much is there. As frightful charge of perver sion ms the most prejudicial thing injci. il d. by - the State against Frank, Hi t a natural consequence, is the * min^ determination of the defense u , ( ut his character frankly in issue the thing seemingly most likely to re- On.KP that prejudice, if possible. To put Frank’s character in . issue, in the face of the fact that the de fense alone has that right, despite the, dramatically delivered and certainly impressive testimony of Conley against it, will seem *in the mind of .many to argue that the defense is in no wav afraid to meet that issue fan- ly and squarely—and it is not at all illogical to conclude that the success- • fuil.v tendering of his character as an issue will have the effect, in large measure anyway, c: removing from the mind of the jury the horrib.e • rharge of the negro. Depends on Conley's Word. ■ As the matter stands now. the at- taek on Frank's character rests en tirely upon Conley's word Conley has been corroborated not at all on the direct charge, and he has been cor roborated, even indirectly, in the most doubtful way. It may be, on the other hand, that the State, once given the right to go after Frank's character ham mer and tongs, will be prepared to attack it with heavy artillery, and .perhaps demolish it entirely. Cer tainly the necessity of doing this, in the circumstances then, will be ap parent enough. The Supreme Court of Georgia has held definitely that character may be tendered as evidence of a positive fact, and it asks signifi cantly this question, through the late Chief Justice Warner: ■ Qf u hal use is gnnd character, which a man may have been years in rstnblishimj. if it •* to "rail him nothing in his hour of pwif?” It is rather curious, in a way, that practically every vitally effective and controlling point in this case should reduce itself eventually to a question of truth between Frank and Conley. Nothing Fidgety About Frank. The Leo Frank of this week of his trial is not the Leo Frank of last week and week before last. if spectators were inclined for a time to think the quiet, repressed, spectacled young man sitting over there beyond Luther Rosser and Reuben Arnold, the slight person im mediately between the only two women in the entire 'courtroom, was in any wise indifferent to or unmind ful of the progress of the trial—his own trial, and for a brutal murder, at that—they have changed their rrtinds now. They have changed their minds as completely as Leo Frank has Changed his attitude. If there is anything in external appearances and surface indications, X should say that F’rank is, in prac tically any and all circumstances, a man of very marked patience. I doubt that he ordinarily hurries, or frets unduly, or grows especially restless, any way. He is brisk enough in his move- B, NEVIN. ments v getting up now and then, with a, quickness of action easily enough to be seen, either to say a word to one of his lawyers or to leave the courtroom for a moment —but there is nothing the least “fidgety” about the man. While the State was making out its case—even when Conley was on the stand, hurling his charge of im morality against Frank—the defend ant sat apparently unmoved. Save for an occasional momentary gripping of the arms of his chair, a tightening of the lips, or a slight wrinkling of the brows, the defend ant gave no sign, either of the in dignation he must have felt if inno cent or the apprehension he must have felt if guilty. Apparent Stoic Under Fire. While the State was making out its case, Frank seemed the personifica tion of patience—or whatever it is one should call it, according to the state of his mind in reject of the de fendant. He sat there—just sat there—to some an apparent stoic, to others a— what? Immediately the defense got well under way directly, however, the Leo Frank thei 't of ore known to the pub lic became another person—absolute ly and entirely another person. He seems to have realized that now, at last, has come his day to apeak. No longer must he, restrained by wise and far-seeing counsel, hold back in word of mouth or effort at defense. At last, a.fter all the long days of waiting, of studying the charge lodged against him, of repressing his emo tions and standing aloof from a crit ical and possibly hostile outside world. Frank is saying the necessary word to clear his good name, if it be suf ficient to the undertaking. Where once he sat unmoved and calm, he now takes a noticeably di recting part in his defense. Time and again, he arises or leans over, as the case may be. and whispers words into his attorney’s ears. On several occasions his whisper ings have been responded to imme diately by approving nods from his counsel, and at once thereafter ha* followed, particularly on the direct examination, a line of questioning evidently enough set in motion by the defendant himself, and by other persons. Seems Sure of Himself. Frank, I think, is rather sure of himself—guilty or innocent* he is there to do battle to the bitter end. to meet his enemies in the gate, and to vanquish them, if he find himself powerful enough. He ift a very small man physically, but I think he has the courage requi site to the undertaking he has in hand. Whether it is the courage of righteousness and a sense of his in nocence, or the courage of despera tion and guilt, it is not, perhaps, for me to say. It only seems that he is eager for the fight, and confident of h1«i strength to win. * No spectator there can hope to read his heart or read his mind. Great reams of newspaper space and rep- ortorial effort might he saved hence forth if only one might do either of those two things. And whether all the rest of the world be against him. it appears a sure thing to say that, at least, his wife there beside him and his moth er constantly in attendance upon him. believe him utterly and altogeth?r innocent. T suspect there is no question, more over. that both Luther Z .Rosser and Reuben Arnold believe in the Inno cence of Frank. Beyond thesp four and the jury and the Judge, however. I doubt if Frank concerns himself extensively nowa days—unless, of course, he thinks often of that sdout-hearted and un afraid bald-headed man, Simon Marks, and a hand of friends who never vet have forsaken him. no matter how dark the vloom that has seemed to cln^e around him. Picked Up State’s Gauntlet. It may be that Frank in his de fense of himself will disapnoint these expectant ones, it mav he that he never w ill come through the fire un- scorched. it raav be that and it mav be a lot of things, but it will not he denied, when this ca‘te i.« over, that Frank picked up. full and free the ga-untlet the Slate threw at his feet. The. State’s case was the State’s business. Frank stood off and let it go- Its limit. Of course, he hardly could have kept It from going its limit*—but the point is, he didn’t try particularly. The defense, however—the defense is Frank’u bus’ness. strictly! And he is right there, on the job, as he would be. I take it. had this frightful murder never been commit ted. and were it with him merely a question of catching up w ith a smash- ifig and record-breaking order for the product of the factory over on For syth street, where a few weeks ago he was the universally respected su perintendent. F*rank will make no half-way de fence of himself—that much .may be anticipated confidently. I suspect. Tie will meet every Issue tendered—even including thn attack othefr than the charge of murder. How will he fare eventually? Well, that is another question—and it is not yet has been approximately an swered. t Tho defense\h theory of tho killing of Mary Phagan is that the little girl, after leaving Frank’s office unmolested, was seized by the negro Conley at the foot of the stairs, crowded back into the rear room and there battered into insensibility, if not instant death, after which she was dragged to the trapdoor in the extreme rear and thrown into the cellar below. Later the negro went into the cellar, placed the cord around the girl’s neck, and drew it very tight, perhaps thus Miffing out the last fluttering breath of life in the insensible body. The motive assigned to the negro is robbery. Concentrate Attack on Conley’s Story The defense planned to continue its determined attack against the story and accusations of Jim Conley after Schiff left the stand. By some of the State’s witnesses, as well as its own, it had shown that the negro either had withheld or lied about many of the details even after he had made his third affidavit, in w’hich he ac cused Frank directly and made him self an accessory after the fact. A dozen other witnesses will be called within the next two days to throw the light even more strongly on the probability-that the negro even now is telling a story that is far from the truth. Amnog the witnesses will be newspaper men who talked with Conley after he had made his third and last affidavit. Said He Didn't See Girl. To them he lg said to have de nied that he saw Mary Phagan enter the factory the day of the crime or that he heard a girl’s scream while he was sitting at his post near the stairs on the first floor. When he was placed on the stand a week ago he glibly told of seeing the Phagan girl enter the factory, and then of hearing the footsteps of two persons going from Frank’s office to the rear of the factory. He said that a moment later he was startled by a girl’s scream. This did not prevent him, however, from dropping to sleep on the box at the foot of the stairs until he was aroused by Frank’s sig nal, according to his tale. He was asked particularly by the reporters in regard to seeing the Pha gan girl enter the factory and hearing her scream. He denied them both. "I couldn’t have heard her from where I was sitting.” is the reply he is reported to have made to one of his Interviewers. It is the purpose of the defense not to leave one single statement of the negro unchallenged in so far as it in volves Leo Frank. The superintend ent's lawyers realize that if they permit any portion of Conley’s story to go before the jury as the truth, they may as well let It all go. Aside from the character witnesses, several score in number, practically all of the persons who will be called to the stand during the present week will participate In the hammering that is being given the negro’s testimony on the witness stand. More Experts to Be Called. Evidence will be presented which, used in connection with the negro’s own story and the testimony of other .witnesses who have been called by the State, will form the basis for an argument by Frank's lawyers that it was absolutely impossible for the events In the factory the day of the crime to have been as Conley pictured them. Dr. L. W. Childs, the first witness of the defense, was called early in the trial because he was leaving town a’, once. The fact that no other medical experts have been called since he boldly ridiculed the conclusions of Dr. H. F. Harris and branded them a9 pure guesswork does not mean that the defense is going to let Its battle against the State's medical expert rest with the testimony of Dr. Childs, who is a young physician of only seven years’ general practice since graduation. On the contrary, a number of other physicians and bacteriologists will bf: called to give their professional opin ion bn the value of cabbage found in the dead girl’s stomach as an accu rate and infallible means of deter mining the lengt hof time that elapsed between teh time she ate her dinner and the moment that death came to her in the factory. They also will combat Dr. Harris in his deductions from an examination of the girl's body, particularly,as to his statement that the girl positively was By TARLETON COLLIER. That black-clad woman in the cor ner of the courtroom—nobody has noticed her much. Things have hap pened mo swiftly in the Frank trial that all eyes are on the rush of events, waiting for a quiver on the face of Leo Frank, watching with morbid gaze the brave faces of Frank’s wife and his mother, studying the passing show that the numerous witnesses present. And the woman is so unobtrusive, so plainly out of It all. The tears, whose traces are evident on her face, were not shed as a result of this trial. The lines under h°r eyes are older than two weeks. Her sorrow—and it is plain that she has undergone sorrow—came seme time ago. Now. the first poignant pain of it has passed and only a dull ache remains All that is plain as she sits in the courtroom in ah attitude which be speaks much of listlessness and resig nation. The thoughts that pass in her mind are revealed In that atti tude and in her placid face. And the sum of them is this: No matter what happens, the dull ache will always be there at her heart. Mary Phagan’s Mother. Because, you f’ee. it is her Ifttie girl that all this is about. The black- clad woman is Mrs- W. J. Coleman. Mary Phagan’s mother, and Mary Phagan is dead. Mrs. Coleman has not been in the courtroom during all the trial. Much of the time she has been in the room upstairs, kept there because she was a witness. And witnesses must not see nor hear what is going on in the courtroom before they are called, even if the names of their own little girls are bandied back and forth. But now Mrs. Coleman has testified. She has looked upon the blood stained, pitiful clothing of her daugh ter, the clothing that was publicly shown, the intimate garments that were upheld before hundreds of eyes. She haM announced for purposes of court record that they were Mary’s. She has explained how she last saw her daughter alive. She has told how Mary Phagan ate her last hurried meal of cabbage and bread and then went out to a horrible death. Now, she may come out of the witness room and listen to all that other per sons have to say about Mary, alive add dead. Now she may sit in a corner of the courtroom and hear that her daugh ter was beaten and choked and killed. She may listen. perhaps with a pang of jealousy, to other persons tell that they saw Mary Phagan alive, happy and serene, long after she kissed the little girl good-by for the last time. It i» her Mary that they are talking about, the little girl whom she held In her arms as a baby, whom she watched grow up to be a capable worker, with a spirit unspoiled, with a laugh as free as in the baby days, with a hundred dreams and hopes there on the edge of young woman hood. Testimony Bewilder*. Mrs. Coleman wears a look of be wilderment at times* as she tries hard to follow the Intricacies of the testi mony. Sometimes they are not talk ing about Mary Phagan at all. but about expense accounts and balance sheets and clocks. What has all that to do with her little girl? It Is when the witnesses are talk ing about these incidental bits in the chain of circumstantial evidence that the black-clad mother hn most the list less and passive figure of resignation. It is then that she looks around, with her wide-open stare, as if in wonder that her little girl could be the caus° of It all. But even when the name of Marv Phagan is mentioned, the mother is not noticeably attentive. Her eyes cease their wandering, but her body changes nothing of its posture of list- le*«ness, loses none of Its air of being detached from the courtroom and its incidents. She is there plainly without resent ment toward any one in particular There is no vengefulness in her soul —you can read that in her face. I’ is almost as if she, having suffered so much, is unwilling that any others suffer. She sits . there apd looks, curiously, wonderingly, a little dully. And sometimes they mention Mary Phagan’s last meal of cabbage. It is remarkable that a dish of homely cabbage should become a great thing There is something grimly ludicrous in the situation. And there are some, the irreverent and the unfeeling, who have made it a subject of jest. Glprified in Love. But to Mrs. Coleman there must something appealingly intimate in the subject. She cooked the cabbage. She chopped it and prepared it as her little daughter liked. The simple meal was glorified by the love that must have gone into its making—house wife.love for those In her care, moth er-love for the whims and desires of her children. The cabhage subject must be of tremendous interest to Mr*. Coleman. Whatever her Interest, though, it is never keenly shown. Apathy seems to be the chief characteristic of her in the courtroom—no, not apathy but just a dull wonder. You read plainly from her worn face and her figure that she Is not seeking vengeance. Sometimes you might wonder why she is there in the courtroom. You establish curiosity as the motive, curiosdty and the natural, Jealous, mother-desire to hear dircctl} from the mouths of others something about her little girl as she last was seen. It must be almost like awaiting a message that she is there, nursing her dull grief. DECLARES GEORGIA WOULD M JESUS Pastor Holderby Scores Legisla ture for Not Requiring Bible Reading in Schools. Declaring the Legislature of Geor gia would vote to have Jesus Christ excluded from the State He come again on earth, and LhaL the City Council of Atlanta would not permit Him here because He would break up their political scheme*, the Rev. Andrew R. Holderby, in his ser mon at the Moore Memorial Church Sunday morning, scathingly arraigned the so-called Christian nations- of the world-for .their rejection of Jesus Christ “It Is quite certain,” ^aid Dr. Hol derby, “that the Georgia Legislature would find no place for Christ and would try to exclude Him from the State, because they have ruled the Word of Jesus out of the public •schools. ... - - "The Atlanta City Council w'ould appoint no committees for the enter tainment of Christ. They know that His coming Would break up their po litical rings and schemes, and they would not want Him in Atlanta* “It is doubtful if any,..church in America really wants Christ to return to earth. They know that His Com ing would break up their curd play ing, their pride and their fcusiiion and Sabbath breaking, and they had rath er have these things than the Son of God.” Young Macon Men Start Miller Boom the victim of criminal violence in ad dition to the attack w hich caused her death. The Slate’s own witnesses ar» at variance on this point. Dr. Harris declared that he found indications that the girl had been criminally at tacked. Dr. J. W. Hurt said he found m such indications. Dr. Childs /ave i as his opinion that E *. Harris might easily have been inl c ’ 1 because of the fact that the girl’s bod^ had been nine days buried before he made his ex amination. Reach Alibi Witnesses This Week. Among the experts who likely wifi be called during the week are Drs. Willis Westmoreland, T. H. Hancock and J. N. Ellis. It is expected that the defense will be able to reach this week the testi mony' of its alibi witnesses. Among these are members of Frank’s own family who will testify as to the times he left and arrived at home during the day; employees who will detail his movements at the factory, and acquaintances who saw him go ing to and from his home. The testimony which will hold the greatest interest undoubtedly will be that of W. H. Mlncey, the teacher and insurance solicitor, who Maid that he talked with Conley on the after noon of the tragedy and that Conlej boasted to him of killing a girl. Mlncey probably Is in for the se verest grilling of any of fhe wit nesses for the defense. His story is doubted by the Solicitor who has made the most thorough investigation of every incident related in the af fidavit sworn to by Mincey. The introduction of the character witne«?yes by the defense also will be the signal for a sharp legal battle be tween the opposing attorneys. Th** Solicitor has more than a dofcen wit nesses to put on the stand in rebut tal who will assaid the character of the young superintendent. MACON, Aug. 11.—A movement is under way to run Representative Wallace Miller for Mayor of Macon on a “Young Men’s Ticket.” Several caucuses were held last week by a number of leading citi zens who are dissatisfied with the administration and who ar© opposed to Bridges Smith for Mayor. They considered Senator W. D. McNeill, Joe Hill Hall and Mr. Miller, finally uniting on the latter as the most desirable candidate at this time. The proposition has already been communicated to Mr. Miller and a definite answer is expected from him the latter part of the week Big Crowds Attend Holiness Meeting JACKSON, Aug. 11.—The first Sun day of the.ten-day session of the. In dian Springs Holiness ''amp Meet ing saw one of the largest crowds that has ever attended on this occa sion. It is estimated that from HOG to 800 automobiles were in line dur ing the day. By private conveyances and by rail hundreds of others came. Next Sunday, the closing day, an even larger number of people is ex pected. Argentine Sends U.S, 9,000,000 Lbs. of Beef WASHINGTON. Aug. 11.—The first I blow' in the battle of South American cattle raisers to war on the American cattle industry was struck here with the receipt of 9.000 pounds of Argen tine beef. The beeves were sent here to fa miliarize American packers with the Argentine product in anticipation of the passage of the TTnderwood-Sim mons tariff bill, when the American market will be flooded with South American cattle. The consignment Will «-«ell for a cent a pound less than' American beef. Under the new tariff measure a dif ference of four cents a pound is pre dicted. Abolish City Courts In Butts County JACKSON, Aug. 11.—No legislation affecting Butts County has been fol lowed with any greater interest than the bills to abolish the City Courts jf Flovilla and Jackson. From the time the Grand Jury recommended that these courts 'be abolished there has been a fight' tfiad^ fiy the friends of the courts. Both of these local meas ures ha.'e now passed the House and Senate and are up to Governor Sla ton. Butts is the only county in Georgia with tv o city courts. Given Up to Die at 29, He’s Hale at 101 NEWBURGH, N. Y. Aug. 11.— William T. Osborne, of this city, Just celebrated his 101st birthday. When Osborne w r as 29 four doctors told him he was a hopeless consumptive and w'ould ngt live six months. The four doctors are dead. The centenarian never smoked or drank and is enjoying perfect health. BLEISE LAWYERS HERE FOR ZACHRY South Carolina Governor Sends Attorneys to Argue Requisition Before Governor Slaton. With attorneys representing the State of South Carolina and attor neys representing the defendant pres ent, Governor John M. Slaton Mon day morning began hearing argument on the requisition jxipers issued by Governor Blea*e for J. J. Zaohry. of Augusta, who is charged with kid naping his own child. Georg? Rembert, of Columbia, and C. FI. Dunbar, of Augusta, represent- : ng (Governor JHease, it is understood, will hold that Judge Gary exceeded his authority in granting to Zachry the custody of the child, Frances, whom he is charged with kidnaping, and that Zachry violated the law by taking the child out of South Caro lina. The warrant for non-support is understood to be based on the fact that the custody-of the Zachry chil dren r^ted in Zachry, who, it is al leged, deserted the younger child. Zachry claims that he furnished or tried to furnish funds to Mrs. Zachry for the support of this t'hild. Zachry is represented by C. H. Co hen and Hamilton Phlnizy, of Augus ta. and Jchn T. West, of Thompson. The case has attracted widespread interest, as it Involves the first official communication between Governor Slaton and Governor Blease. CASTOR IA Tor Infants and Children. The Kind You Have Always Bought ot Bears the Signature Turner To Be Tried For Life in Butts JACKSON, Aug. 11.—On the charge of being an accomplice in the mur der of Jesse Singley at Indian Springs ! two years ago. A)onz<> Turner will be tried in Butts Superior Court next w~ek. Bill Turner, his father, was I executed for this murder in 1911, and his brother is now serving a life sen tence for complicity in it. PORCH SWINGS SPECIAL PRICES We have reduced the price on our $3.75 solid oak porch swings to TO REBUILD YARDS. JESUP—Surveyors have Just made a survey of the railroad yards here and according to a rumor the yards will soon be rebuilt. As to w hen th* new' depot will be built ia uncer tain. $9 WRIGHTSVILLE BEACH Round-trip, August 16th. Good 15 days. Through sleepers. Sea board, An experienced man will be sent out to your home to put up this swing for only 50c extra. Special prices on all hot weather, outdoor and sporting goods. . King Hardware Co. 53 PEACHTREE 87 WHITEHALL