Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 13, 1913, Image 3

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THE ATLANTA GEORGIAN AND NEWS. BOTH SIDES Mi girls whoTestifyfor defenseBTfR^^^‘STBRoTco!1 MISS REBECCA CARSON. MISS COR I NTH IA HALL. THE TIL Of With Judge, Jury and Councillors Performing Duty Well. Square Deal Is Assured. By Jas. B. Nevin. In considering the Frank trial, par ticularly with respect to the length of it, and the thoroughgoing exhaust iveness of the hearing, it must be borne in mind that the establishing of Justice is the main object of both sides, and that, therefore, patience and poise are absolutely necessary in those who would be fair—fair not only to Frank, but to the State also. With the average citizen, the home- loving and upright citizen, the Frank trial should be largely an abstract proposition. As Frank Hooper himself has said. State’s counsel that he is: “It is not so much a question of convicting Leo Frank, as it is a ques tion of convicting the murderer of Mary Phagan!” The Solicitor General, Hugh M. Dorsey, is entitled to full and com plete praise for the careful and painstaking labor he has put into the case. It must be conceded that he is ut terly conscientious and sincere in his endeavor to convict Frank. Frank ht\s been duly indicted—Dorsey is the Solicitor General. It is the duty—the sworn duty—of the Solicitor to prosecute with ALL the vigor and resourcefulness at his command all indicted persons. If he did not do that in th e Frank case, the State would not be getting a square deal. And it is quite as much the province of Dorsey to see that the State gets a square deal as it is that Luther Rosser and Reuben Ar nold spe to it that Frank gets a square deal. Dorsey Given Credit. The Solicitor has made out a most impressive case against Frank, more over. With such circumstances and posi tive facts as he thinks he possesses •—be they .sound or otherwise, and that is for the jury to say—he has established a charge against Leo Frank that tan not, and will not, be overcome without difficulty and cir cumspection of effort. The Solicitor has handled himself extremely well—he deserves ungrudg ing credit for tha.t. He has abundantly proven himself to be a good man—an exceptionally able man—in a position that some times is the most trying of all official positions in Georgia. No man can make me believe that Hugh Dorsey would, for an instant, seek to fix upon Leo Frank the awful charge brought against him, if Dor sey did not RELIEVE Frank guilty. As much may be said of Frank Hooper, Dorsey’s splendidly equipped assistant. In making out his case against Frank, Dorsey took his time—he em ployed ten days establishing his con tentions, before he closed. He was right in doing that, if it required, in his matured judgment, that much time. It was clearly in order for Frank’s friends, his rela tives. and for Frank himself, to pos sess their souls in patience while the Spate’s counsel—the people’s advo cate—was doing his duty. No Quibbling Over Expense. The defense will take quite as long —perhaps longer—and that, too, is as it should be, however much we may wish to see things hurried a bit. Neither the State of Georgia nor the county of Fulton will quibble about the expense of the trial, nor the time of it, particularly In view of the stake in issue—a human life, a man’s reputation and good name, an erstwhile happy and united household, and all of that—nor raise a protest ing hand, in the circumstances. In cases of the kind now being tried in the Fulton County Court both the State and the defense does well to make haste slowly. The State, under the direction of the Solicitor, has built about Frank a mighty wall of circumstances, the which to scale it will require the ulti mate ingenuity of the defense. I dp not know whether the defense can scale that wall or not—maybe it can. It has made marked progress— thus far, at least, so it seems—and it may get completely over. It isn’t over YET. nevertheless. The best thing to do is to keep your mind honestly open—to keep it “per fectly impartial between the State and the accused,” as the jury is re quired to do. The well-balanced citizen will oe prepared to say, after the hearings are completed and the verdict has been rendered: “Well, that is the TRUTH of the matter, for it is a finding brought about through a proc ess of law evolved of a thousand years of Anglo-Saxon civilization, which is an ever-progressing civiliza tion. and it approximates Justice and right to the final extent that human ingenuity is able to approximate it!" Dorsey and Hooper may be right, they may be wrong—Rosser and Ar nold may be right, and they may be yrrong. It isn't so much for you to say, reader, nor for me—the saying finally is the jury’s business. Isn’t that right? So many people, in undertaking to analyze and consider intelligently a case such as the one Judge Roan now' Is hearing, make the all too frequent mistake vf jumping at conclusions. You hardly can figure what the controlling effect of a bit.of evidence may be, unless you endeavor to apply that evidence in all directions possi ble, and in the light of your best and most discriminating intelligence. For Instance, the defense Is endeav oring to show that Frank on the aft ernoon of the murder engaged in three hours’ most intricate clerical work, without making a r .stake, or showing a sign of unusual excitement in the work. The defense will argue from this, of course, that Frank is not likely the murderer of Mary Phagan, because, if he had been, the clerical work as aforesaid would have been an impos sibility. The State, however, is endeavoring' to show that Frank may have done and did do this work in the morning before the murder, when his mind was free of the guilty knowledge of bloodshed, and cites as a further cir cumstance to prove that he might have done the work in the morning the fact that he had received an in vitation to attend a ball game that , afternoon, which he never had ,de- i dined positively. How Battle May Turn. Now, what will be the effect »f ! these two contrary theories upon the | mind of the Jury? If the jury believes Frank did the work in the morning, and not in the afternoon, although it be shown that he did not attend the ball game, the defense's theory of calmness upon the part of Frank in the afternoon may or may not be upset—for Frank may have been calm in the afternoon, nev ertheless. One prop to sustain the defense’s claim of calmness upon the part of Frank would be removed, of course, but not more. But suppose the jury finally be lieves that Frank DID do the work in the afternoon, as is claimed, it likely would conclude that he hardly could have done it with the weight of Mary Phagan’s murder uoon his conscience, and the State would THEN be in the unfortunate attitude of having com bated unsuccessfully a theory of the defense, thereby emphasizing the State’s FEAR of it, and thus neces sarily emphasizin'- its importance! Here, then, we have a bit of evi- | dence, introduced by the defense and attacked by the State, wherein the State stands to gain not nearly so much in the event it beats down the evidence as the defense likely must gain through the State’s failure to beat it down. The question naturally arises whether the State might not better have left the defense’s clerical work theory alone, because, as important as it may be. in any event its im portance is magnified many times if the State attacks it unsuccessfully. Easy to Miss the Truth. And STILL, to have left it alone entirely' that And just after .that fashion do ju ries. being composed of mere hu mans, thrash out these matters! One never can tell which way evi dence, once in, is going to cut! One can not proceed to the forming of a definite and fixed final conclu sion about ANY matter, until after he has weighed carefully ALL the pros and cons—that is, he can not 90 proceed without grave danger of missing the real TRUTH—the very thing he is trying' his best to hit. You do not know' that 2 and 2 make 4; save in that you know—or think % August Furniture Sale f j Of fe rs Double Attraction!: m ~ Both desirability and economy make our Au- 5: gust furniture sale alluring. The furniture roller- Z: tion on the fourth floor is one of which wo are just- ly proud. There is artistic simplicity and ornate s* elegance. Each piece stands the test of desirabil- §; ity—usefulness and beauty. The price tags show ^ the economy more plainly than words can tell it. S; The August sale brings a decided saving—all j: furniture is reduced from 10 to 50 per cent. S* $60 Solid Mahogany China Cabinet $42 z] The china cabinet, il- t lustrated, is a demon- 3; stration of extreme de sirability. This cabinet of solid mahogany, fin ished with greatest care, is 48 inches wide and 63 inches high. Former price — $60. August price — $42. Matching this china cabinet is a 6-foot side board. Former p r i c e—$100. August p r i c e— $75. The dining table, matching the china cabinet, has a 60-iuch top, beautifully finish ed. Former price—$68.50. August price—$58.50. I The serving table, of solid mahogany to match other! pieces, was formerly priced at $27.50. August price—$22. ; Here Are Other Reductions Dining Room Furniture you know—that 2 and 3 make 5. and that 2 and # 1 made 3. The two latter things being true, you naturally conclude that 2 and 2 make 4. And that conclusion, being as well perfected as human ingenui ty CAN perfect it, we call definite and exact knowledge! But if mankind's knowledge had never extended beyond the fact that 2 and 1 make 3, we should not know at ali, of course, that 2 and 2 make 4. We would be as apt to guess that 2 and 2 make 5, as that 2 and 2 make 4. Knowing, however, that 2 and 1 make 3, and that 2 and 3 make 5, we conclude that 2 and 2 make 4. After all. then, it is only through a process of elimination that we know even so much a^ that 2 and 2 make 4! Which 2 and 2 Make 4? Now that is all elementary (my dear Dr. Watson), of course, but it is upon that same theory that mur der problems, particularly in cases de pending. as the Frank case unques tionably does, largely upon circum stantial evidence, most frequently are unraveled. The jury will be asked to believe that Frank did thus and so, because, through a process of elimination it will be shown that Frank alone could have done thus and so. The jury also will be asked to be lieve that Frank did not do thus and so, because Frank, having done something else could not at the same time have done thus and so. In other words, the State will in sist that its 2 and 2 make 4, and the defense will insist as strenuously that its 2 and 2 make 4. Both can not be right—figures do not lie! Either the State’s 2 and 2 make only 3, or the defense's 2 and 2 make only 3. Which 2 and 2 make 4, and no mis take about it? That’s the jury’s business to deter mine. 200 Want Ad Fiances Swindled, Is Charge PRINCETON, IND.. Aug. 13.—More than 200 men are said to have been victims of the alleged marriage frauds worked by Miss Ora Mabel Farris, 35 years old, assisted by her father and mother. The three were held to-day. charged with using the mails to de fraud. Using the name of Susie Meyers, the postal authorities charge Miss Farris would advertise for a husband in widely scattered newspapers, in vite correspondence, become engaged and then ask for money to come to her fiance. 10-Year-01d Girl to Christen the Nevada RENO, NEV., Aug. 13.—Eleanor Anne Siebert, ten years old, daughter of Mr. and Mrs. Fred J. Siebert. of this city, and a niece of Governor Od- die, has been selected to act as spon sor at the launching of the battleship Nevada, now nearing completion at the Fore River Works at Quincy, Mass Little Miss Siebert will break a bottle of wine over the prow of the ship a9 she names it after her State about October 1* State Calls More Witnesses; Defense Builds Up an Alibi In anticipation of the close of the defense’s case, the State Tuesday aft ernoon subpenaed a number of new witnesses to b© called in the event that Frank’s character was put in issue. It was said that Solicitor Dor sey had prepared against this move by the defense by getting affidavits from many persons who claimed to know' the defendant. An effort by the State to obtain testimony reflecting on the morality of Frank was resisted strongly by the superintendent's attorneys Tues day. Solicitor Dorsey failed to get the answers he desired from the wit ness, Philip Chambers, a 16-year-old cffice boy, but Attorney Arnold moved that all of the testimony bearing on this matter be ruled out, although the boy had testified favorably to Frank. The lawyer threatened that he would move for a mistrial if any fur ther effort were made to introduce testimony of the sort which he brand ed as irrelevant and immaterial, as well as being defamatory, slanderous and highly prejudicial. He was sus tained in his objection. Alibi Being Established. The defense had progressed consid erably in establishing what it pro poses to make an iron-Mad alibi for Frank on the day of the murder when court adjourned Tuesday. Mr. and Mrs. Emil Selig, Frank’s parents-in-law, with whom he lives, both testified that Frank arrived home Saturday afternoon for luncheon at 1:20 o'clock. * Minola McKnight, ne gro cook, swore to the same state ment. This would have made it im possible. according to the contention of the defense for Frank to have had any part in the crime as it is described by the negro, Jim Conley. Allowing ten minutes for Frank to catch a car and get home, this would have necessitated Frank leaving the factory at 1:10 o’clock. Conley said it w'as four minutes before I o’clock when he got the cloth In which to wrap the body of Mary Phagan and carry it to the front of the factory and down the elevator. This gives but fourteen minutes for the disposal of the body, the writing of the four notes, tw'o of w’hich were found be side the body, and everything else that took place before Frank left for home, according to Conley. Claim Conley’* Story Impossible. The defense maintains that it would have been absolutely Impossible for Frank to have accomplished all this In the short space of time. The ne gro’s own estimate of the time re quired to take the body downstairs and return to the office floor is five minutes. The defense brands this an absurdity. After this Frank washed his hands and told Conley to come into his office, according Jo the negro. This must have taken until 1:05, at least, Frank’s law’yers w’ill assert. From experiments they have made in the factory they may declare that it would require even longer. Conley said that after he got in the office some one approached and Frank locked him in a closet. He was In there seven or eight minutes, he testi fied, bringing the time to 1:12 or 1:13. After this there were yet the notes to write. Conley said that he wrote them in a minute and a half or two minutes, but Harry Scott, Pinkerton detective, testified that It required the negro six or seven minutes to write one note dictated word by w'ord. Assuming that Conley requir ed only half the minimum time des ignated by Scott, it would have tak en him twelve minutes to write the four notes at Frank’s dictation, bringing the time to 1:25. Says He Was Interrupted. The writing was not continuous, as Conley said Frank interrupted him to make some erasures. He also said there was considerable conversation about Frank’s wealthy folks In Brooklyn, about burning the body of the murdered girl, and other sub jects. Conley also said that Frank gave him a roll of bills and then took them back. The defense lawyers will be able to argue that this took at least an additional five minutes, bringing the time to 1:30—ten minutes after FranK arrived home, according to the alibi set up by the defense and at the same time he arrived home by the testimony of one of the state’s own witnesses, Albert McKnight. Solicitor Dorsey sought to impeach both Mr. and Mrs. Selig by compar ing their testimony with that they gave before the coroner's jury. He found discrepancies whicli the wit nesses laid to lapse of memory or to mistakes made at the inquest. Mrs. Selig, for example, testified at the Inquest that Frank wore the same suit of clothes Saturday, Sunday and Monday. She admitted to the solic itor that she was mistaken. Cook Accuses Sleuth*. The detectives were given a tor ture-chamber reputation by Minola McKnight, the negro* cook at the Se lig home. The McKnight woman signed an affidavit telling of conver sations she overheard that w'ere ex tremely damaging to Frank. When she got on the stand Tues day she declared vehemently that the statements in the affidavit were all a “pack of lies,” which she paid w'ere invented by her husband, Albert Mc Knight. She swore, to the amusement of the spectators, that the detectives took her to the police station in the “con trol wagon’’ and that they threaten*^ to keep her in jail if she did not sign the papers. “Ah signed ’em to keep out of jail. Ah’d do mos’ anything to keep out of jail,” she said. Other important developments of the day were the showing up of the court and chaingang record and repur tation of C. B. Dalton, the witness w’ho swore women frequently were in Frank's office; the announcement by the State of Its theory that Frank planned the attack on Mary Phagan the day before It took place, and the testimony of Miss Hattie Hall and Miss Magnolia Kennedy, which w'as intend d to show that this theory was untenable. State Charge* Premeditation. Attorney Frank Hooper declared it as the opinion of the State that the pay envelope of Mary Phagan w'as refused Helen Ferguson Friday night and that it was refused for the delib erate purpose of getting the Phagan girl to the factory the next day. Magnolia Kennedy testified that she was with Helen Ferguson when she drew her pay and that the girl did not ask for Mary Phagan's pay. Miss Hall asserted that Frank tried to get her to work for him Saturday afternoon and also asked Harry Gott- lieimer, a Alontag Brothers salesman, to come over Jn the afternoon to talk over some business matters. Indicat ing that he had planned no crime or wrongdoing of any sort for that after noon. Several pieces of testimony during the day struck at the Mtory of Jlin Conley. Miss Hall said that Lemmie Quinn did not arriVe in the factory- before she left at 12:02. Conley said that Quinn preceded Mary Phagan, whom he saw next, and Monteen Sto ver. who entered the factory at 12:05 o’clock. Miss Corlnthia Hall and Mrs. Em ma Clark testified that they were not In the factory shortly after 1 o’clock when Conley said Frank exclaimed that these two women were coming Gordon Bailey, a negro at the fac tory, denied many of Conley's stories in regard to incidents in w’hich Frank w r as alleged to have a part. Kneel in Streets To Pray for Rain MARSHALL, MO., Aug. 13.—In the hope of checking the disastrous drouth that has done great damage in this section, prayers were not only offered in all the churches here, but citizens k*?$4 In tho streets and prayed for ra.. FollowMng church services, at which pastors called on their congregations to offer personal prayers for rain, many business men, while walking home, knelt In the street and offered up prayer. Turks Threaten New War on Bulgarians CONSTANTINOPLE. Aug. 18.— The Turkish Porte to-day threatened to declare war agajnst Bulgaria un less Bulgarian soldiers ceased their slaughter of defenseless Turkish peasants. According to reports sent In from Turkish military officer* ‘-n Adrian- opl, many Mussulman men and wo men are being killed daily in Thrace WOMAN HEADS SCHOOLS. COLUMBUS.—Miss Alice Coulter, of Girard, Ala., has been elected principal of the Phenlx City, Ala., public schools to succeed Miss Slay ton, who recently' resigned, after hav ing accepted the election for another term. SEABOARD NAMES LOW RATE TO BALTIMORE $20.95 round trip. On sale Au gust 22. 23. 24. Proportionate rates from other points. New ( steel diners and sleepers. Through J trains. Was. $307.50 Now. $225.00 65.00 45.00 45.00 20.00 5.00 8.50 1 10-piece Flanders Oak Dining Room Suit.. Consists of sideboard, china cabinet, dining table, serving table and 6 chairs. Elegant value. 1 514-foot Early English Sideboard 1 Square China Cabinet, to match 1 54-inch Table, to match 1 Serving Table, to match 9 Early English Chairs, each 2 Early English Arm Chairs, each 1 6-foot Golden Oak Sideboard 1 60-inch Golden Oak Table 1 Early English Sideboard 1 6-foot Mahogany Veneer Sideboard 1 4H-foot Mahogany Veneer Sideboard 1 Imitation Mahogany China Cabinet 1 4-foot Solid Mahogany Buffet Sideboard 1 Solid Mahogany China Cabinet, 2 mirrors and 1 glass shelf 1 Solid Mahogany China Cabinet Library, Parlor & Living Room Furniture 1 Genuine Leather Settee and ArmChairto match.! 1 Golden Oak Davenport, genuine leather 1 Mahogany Veneer, Genuine Leather Davenport. 1 Solid Mahogany Green Denim Rocker 1 Genuine Leather Library Rocker 1 Green Denim Library Chair 1 3-piece Antique Tapestry Parlor Suit 1 3-piece Panne Plush Parlor Suit, very massive.. 1 Console Table and Mirror, Crotch Mahogany with Mahogany Bands 1 Grandfather's Clock, Imitation Mahogany 1 Grandfather's Clock, Genuine Mahogany 1 Grandfather's Clock with Westminster chimes. 1 Fumed Oak Arts and Crafts Sofa 1 Fumed Oak Arts and Crafts Arm Chair 1 Fumed Oak Arts and Crafts Rocker Bedroom Furniture 1 Toilet Table to match.. 1 Odd Circassian Walnut Dresser 1 Odd Circassian Walnut Toilet Table 36.50 1 Odd Cheval Mirror, Solid Mahogany, Colonial Scroll 75.00 1 Solid Mahogany, Oval Mirror Chiffonier 46.00 1 Toilet Table, to match 30.00 1 Circassian Walnut Chiffonier 100.00 1 Toilet Table, to match 65.00 1 Napoleon Bed. to match 55.00 1 White Enamel Dresser 36.00 1 Triplicate Mirror. Solid Mahogany Toilet Table. 65.00 1 Chest of Drawers, to match 45.00 1 Pair Twin Beds, to match, per pair 80.00 1 Bird’s-eye Maple Desk 18.50 1 Bird’s-eye Maple Princess Dresser 27.50 90.00 75.00 « 50.00 40.00 m- 45.00 35.00 *. 75.00 40.00 < 65.00 35.00 2 00 20.00 52.50 35.00 ml 65.00 40.00 2? 65.00 50.00 Furniture j§ Was. Now. f* ) 70.00 $40.00 55.00 25.00 60.00 25.00 5? 18.00 28.50 30.00 15.00 ^ 21.00 13.50 92.00 50.00 tc. 125.00 60.00 5F 140.00 110.00 3? 32.50 25.00 £» 56.00 40.00 200.00 280.00 25.00 16.50 12.50 7.75 5* 12.50 7.75 ■ - % Was. Now. \ ! 85.00 $60.00 Z, 60.00 45.00 »> 110.00 55.00 *r 31.50 25.00 3- 26.50 j; £ r S ■2 £ § 1 Fumed Oak Arts and Crafts Dresser. 1 Chiffonier, to match 1 Bed, to match 1 Toilet Table 1 Rocker 1 Chair 1 Night Table 50.00 40.00 29.00 32.00 6.50 6.00 650 (Furniture—Fourth 48.00 ; 30.00 ' 22.00 i 75.00 ; 50.00 1 50.00 | 25.00 ' 50.00 I 33.00 ‘ 65.00 ' 16.00 I 20.00 | 40.00 i 30.00 ! 22.50 ' 25.00 i 4.50 ; 4.00 ' 5.00 ! Floor) ] Jaunty Hats for Late Summer Soft white felt hats, with band and bow of white rib* bon, ready to wear without additional A* 1 Qo trimming ▼ Untrimmed satin hats, in black and white, are Parisi an for mid-season wear. They require simple trim ming, so that the jaunty, chic effect will not be spoil- "* $2.48 to $4.48 (Millinery—Second Floor) Shop with a transfer. Give name and address when trans fer Is issued. Buy In any num ber of departments—al! your goods will be delivered In one parcel without further instruc tions. Dame Fashion i Paid a Visit ! and left some of her choicest «. offerings 3; The new fall gowns are here! J They are more charming than «! we were led to suppose, and f out rival all predecessors. The •£ materials are crepe rte chine, brocades and serges. The belts t are just where you prefer 5! them—Fashion Bays there is ! no defined waistline. Buttons are prominent—mostly in self-material. The gowns all display the latest collar ef fects—V-neck> and dainty white ruchings, yokes and shoulder collars. Skirts are j slightly draped, and many of the sleeves are elbow length. These—the newest and most charming of gowns—are \ priced from $23.50 to $45. (Ready-to-Wear—Second Floor) Sj f August Blanket and Bedding Sale offers reduc- I | tions of from a fifth to a third. , ! (Main Floor. Left Aisle) M. RICH & BROS. CO.