Newspaper Page Text
THE ATLANTA GEORGIAN AND NEWS.
GIRLS WHO TESTIFY FOR DEFENSE OF FRANK]|
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 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
has 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© 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 see 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 h© thinks he possesses
—be they sound or otherwise, and
that i6 for the Jury to say—he has
established a charge against Leo
Frank that can 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 that.
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 I^o Frank the awful
charge brought against him, if Dor
sey did not BELIEVE 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
State’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 tric-J
fn the Fulton County Court both the
State and the defense does we!i 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 do 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
tnind honestly open—to keep it “per
fectly impartial between the State
snd the accused,” as the Jury is re
quired to do.
The well-balanced citizen will 03
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 • voJved of a thousand
years of Angio-Saxon civilization,
which is an ever-progressing civiliza
tion, and it approximates Justice and
r^xht to the final extent that human
cjs^ouity is able to approximate It!”
XVsev and Hooper may be right,
V 'may be wrong—Rosser and Ar-
may be right, and they may be
it isn't so much for you to
' H. RICH & BROS. CO. t
August Furniture Sale
Offers Double Attraction
Both desirability and economy make our Au
gust furniture sale alluring. The furniture collec
tion on the fourth floor is one of which we are just
ly proud. There is artistic simplicity and ornate
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.
The August sale brings a decided saving—all
;» furniture is reduced from 10 to 50 per cent.
* $60 Solid Mahogany China Cabinet $42
The china cabinet, il
lustrated, is a demon
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-inch
top, beautifully finish
ed.
Former
August
The serving table,
5“
1
I
£
i-
|
price—$68.50.
price—$58.50.
sav, 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 a6 the one Judge Roan now
is hearing, make the all too frequent
mistake vf jumping at conclusions.
Ybu 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 mistake, . r
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 a*
aforesaid would have been an impos
sibility.
The State, however, Is endeavoring
to show that Trank 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
gftemoon. which he never had de
clined positively.
How Battle May Turn.
Naw, what will be the effect *f
these two contrary theories upon fhe
mind of the Jury?
If the jury believep 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
par* of Frank in the afternoon may
or may not "be upset—for Frank may
have b*en calm In the afternoon, nev
ertheless. One prop to sustain the
defense's claim of calmness upon the
part of FTank would be removed, of
course, but not more.
But suppose the jury finally be
lieves that F'rank DID do the work in
the afternoon, as is claimed, it likel^v
would conclude that he hardly could
have done it with the weight of Mary
Phagan's murder unon 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 JuFt 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 so
proceed without grave danger of
missing the real TRUTH—the very
thing he ia trying his best to hit.
You do not know that 2 and 2 make
4, save in that you know—or think
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 w®ll 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 all, 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. ar.d that 2 and 3 make 5, we
conclude that 2 and 2 make 4
After all, then, It is only through
a process o*’ elimination that we
know' even so much as* 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 he asked to believe
that FTank did thus and so. because,
through a process of elimination it
will be shown that FTank alone could
have done thu6 and so.
The Jury also will be asked to be
lieve that FTank did not do thus and
so, because FTank. 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 8.
Which 2 and 2 make 4, and no mis
take about it?
That’s the jury’s business to deter
mine.
State Calls More Witnesses;
Defense Builds Up an Alibi
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 m^ils to de
fraud.
Using the name of Susie Meyers,
the postal authorities charge Miss
Farris would advertise for a husbamj
In wldelv scattered newspapers. In
vite correspondence, become engaged
and then ask for money to come to
her fiance.
10-Year-Old Girl to
Christen the Nevada
RENO. NEW, Aug. 13.—Eleanor
Anne Siebert. ten years old. daughter
of Mr. and Mrs. FTed 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 as she names it after her State
about October 1.
In anticipation of the close of the J
defense's case, the State Tuesday aft
ernoon subpenaed a number of new
witnesses to be called in the event
that FTank’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 FTank 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 15-year-old
office boy, but Attorney Arnold moved
that all of the testimony bearing on
this matter be ruled out. although the
boy had testified favorably to FTank.
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-clad alibi for
FTank on the day of the murder when
court adjourned Tuesday.
Mr. and Mrs. Emil Sellg, FTank’s
parents-in-law, with whom he lives,
both testified that FTank arrived home
Saturday afternoon for luncheon at
1:20 o’clock. Minola McKnlght, ne
gro cook, swore to the same state
ment. This would have made it im
possible, according to the contention
of the defense for FTank to have had
any part in the crime as it is described
by the negro, Jim Conley.
Allowing ten minutes for FTank to
catch a car and get home, this would
have necessitated FTank leaving the
factory at 1:10 o’clock. Conley said it
was four minutes before 1 o’clock
w’hen he got the cloth In which to
wrap the body of Mary Phagan and
carry it to the front of the factory
and dowm the elevator. This gives <
but fourteen minutes for the disposal j
of the body, the writing of the four J
notes, two of which were found be
side the body, and everything else that
took place before Frank left for home,
according to Conley.
Claim Conley's Story Impossible.
The defense maintains that it would
have been absolutely impossible for
FTank 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 F’rank washed
his hands and told Conley to come
into his office, according to the negro, j
This must have taken until 1:05, at |
least, Frank’s lawyers will 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 F'rank
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
w’rite one note dictated word by
word. Assuming that Conley requir
ed only half the minimum time des
ignated by Scott, it w'ould have tak
en him twelve minutes to write the
four notes at FTank’s dictation,
bringing the time to 1:25.
Says He Was Interrupted.
The writing w’as not continuous,
as (’onley 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 FTank
gave him a roll of bills and then * x>k
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 F'ranK
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 which the wit
nesses laid to lapse of memory or to
mistakes made at the inquest.
Mrs. Selig, for example, testified at
the Inquest that F'rank wore the same
suit of clothes Saturday. Sunday and
Monday. She admitted to the solic
itor that she was mistaken.
Cook Accuses Sleuths.
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 were ex
tremely damaging to FTank.
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 said were
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 threatened
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 th© showing up of the
court and chaingarig record and repu
tation of C. B. Dalton, the witness
w-ho swore women frequently were in
FTank’s office; the announcement by
the State of its theory that FTank
planned the attack on Mary Phagan
the day before it took place, and the
testimony of Miss Hattie Hall and
Miss Magnolia Kennedy, w'hirh was
intended to show that this theory was
untenable.
State Charges Premeoitati n.
Attorney Frank Hooper declared it
as the opinion of the State that the
pay envelope of Mary Phagan was
refused Helen F'erguson F'riday night
and that it was refused for the delib
erate purpose of getting the Fhagan
girl to the factory the next day.
Magnolia Kennedy testified that she
was with Helen F'erguson when she
drew her pay and that th© girl did
not ask for Mary Phagan's pay.
Miss Hall asserted that FTank tried
to get her to work for him Saturday
afternoon and also asked Harry Gott-
heimer, a Montag Brothers salesman,
to come over in 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 wtory of Jiin
Conley. Miss Hall said that Ivemmie
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.
M1s9 Corinthla Hall and Mrs. Em
ma Clark testified that they were not
in the factory shortly after 1 o’clock
when Conley said FTank exclaimed
that these two women were coming
Gordon Bailey, a negro at the fac
tory, denied many of Conley’s storier
in regard to incidents in which FTank
w’as alleged to have a pert.
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 knelt in the streets And
prayed for rain.
F'ollow’ing church services, at which
pastors called on their congregations
to offer personal prayers for rain,
many business men, w’hlle walking
home, knelt in the street and offered
up prayer.
, of solid mahogany to match other
pieces, was formerly priced at $27.50. August price—$22.
Here Are Other Reductions |
Dining Room Furniture
Was. Now. mU
1 10-piece Flanders Oak Dining Room Suit $a07.50 $225.00
Consists of sideboard, china cabinet, dining jg
table, serving table and 6 chairs. Elegantivalue. «rf
1 BV^ foot Early English Sideboard t 65.00 55.00
1 Square China Cabinet, to match 45.00 39.00
1 54-inch Table, to match 45.00 37.50
1 Serving Table, to match 20.00 15.50
9 Early English Chairs, each 5.00 3.50
2 Early English Arm Chairs, each 8.50 6.00
1 6-foot Golden Oak Sideboard 90.00 75.00
1 60-inch Golden Oak Table 50.00 40.00
1 Early English Sideboard 45.00 35.00
1 6-foot Mahogany Veneer Sideboard 75.00 40.00
1 4Va-foot Mahogany Veneer Sideboard 65.00 35.00
1 Imitation Mahogany China Cabinet 25.00 20.00
1 4-foot Solid Mahogany Buffet Sideboard 52.50 35.00
1 Solid Mahogany China Cabinet. 2 mirrors and ;
1 glass shelf 65.00 40.00 j
1 Solid Mahogany China Cabinet * 65.00 50.00 ■
Library, Parlor & Living Room Furniture
%
1
I
Was.
1 Oenuine Leather Settee and ArmChairto match.$'70.00
1 Golden Oak Davenport, genuine leather 55.00
1 Mahogany Veneer, Genuine Leather Davenport. 50.00
1 Solid Mahogany Green Denim Rocker 28.SO
1 Genuine Leather Library Rocket 30.00
1 Green Denim Library Chair 21.00
1 3-piece Antique Tapestry Parlor Suit 92.00
1 3-piece Panne Plush Parlor Suit, very massive. . 125.0Q
1 Console Table and Mirror. Crotch Mahogany
with Mahogany Rands 140.00
4 Grandfather's Clock, Imitation Mahogany 3J.50
1 Grandfather’s Clock, Genuine Mahogany 55.00
1 Grandfather's Clock with Westminster chimes. 280.00
1 Fumed Oak Arts and Crafts Sofa 25.00
1 Fumed Oak Arts and Crafts Arm Chair 12.50
1 Fumed Oak Arts and Crafts Rocker 12.50
Bedroom Furniture
Now,
$40.00
25.00
25.00
18.00
15.00
13.50
50.00
60.00
5
1 Toilet Table to match
1 Odd Cheval Mirror, Solid Mahogany, Colonial
Scroll
1 Circassian Walnut Chiffonier
1 Toilet Table, to match
1 White Enamel Dresser
Turks Threaten New
War on Bulgarians
CONSTANTINOPLE, AUg. 13.—
The Turkish Porte to-day threatened
to declare war against Bulgaria un
less Bulgarian soldiers ceased their
slaughter of defenseless Turkish
peasants.
According to reports sent in from
Turkish military officers in Adrian-
opl, many Mussulman men and wo
men are being killed dally 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
J rates from other points. New j
> steel diners and sleepers. Through )
< trains. (
1 Pair Twin Beds, to match, per pair..
1 Bird's-eye Maple Desk
2
I
-2
£
1 Rocker ....
1 Chair
1 Night Table
Was.
1
Now. •£,
1 85.00
$60.00 5;
60.00
45.00 *.
110.00
55.00
25.00
31.50
36.50
26.50
' 75.00
48.00 Zc
45.00
30.00
30.00
22.00
100.00
75.00 JL
65.00
50.00 ng,
50.00
25.00
55.00
36.00
65.00
50.00 3;
45.00
33.00
80.00
65.00 «;
18.50
16.00 t
27.50
20.00
60.00
40.00 5?
40.00
30.00 £
29.00
22.50
32.00
25.00 e
5.50
4.50
6.00
6.50
4.00 '
5.00 I
(Furniture—Fourth Flobr)
Jaunty Hats for | Dame Fashion
Late Summer
$1.98
Soft white felt hats, with
band and bow of white rib
bon, ready to wear without
additional
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-
ri ' $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—all your
goods will be delivered in one
parcel without further instruc
tions.
Paid a Visit
and left some of her choicest
offerings
The new fall gowns gire here! 1
They are more charming than i
we were led to suppose, and !
out-rival all predecessors. The ]
materials are crepe de chine, i
brocades and serges. The belts |
are Just where you prefer '
them—Fashion says there is i
no defined waistline. Buttons ]
are prominent—mostly in i
self-material. The gowns ail |
display the latest collar ef- j
fects—V-necks and dainty i
white ruchings, yokes and ]
shoulder collars. Skirts are j
slightly draped, and many of ,
the sleeves are elbow length. ]
These—the newest and i
most charming of gowns—are ]
priced from $23.50 to $45. ]
(Ready-to-Wear—Second Floor) '
I
^2 / August Blanket and Bedding Sale offers reduc- ''j fc
I tions of from a fifth to a third. j S*
l (Main Floor. Left Aisle) J 5?
' -»r
ft" M. RICH & BROS. CO.