Newspaper Page Text
i
TTTE ATLANTA GEORGIAN AND NEWS.
By JAMES B. NEVIN.
Reader, proverbially gentle, if not
always so, be glad, be joyful, and be
filled with exceeding thankfulness
that you have not been summoned,
no matter which way, as a witness In
the Frank trial!
Of course, there is a large, fat
chance that you have been summoned
—most everybody has—but be all
those nice things aforesaid, if you
haven’t
And even at that, knock on wood.
The trial is young yet—It is not
quite three weeks old, three weeks,
count ’em—and there still is time for
somebody or other to remember that
you may know something or other
about something or other that may
have something or other to do with
th© case. *
Anyway, if you can’t be glad and
all the rest of it, be just as glad and
as nearly all the rest of it as you
can, while the being is good or In
anywise promising.
If you are a witness in the Frank
case, you ar© skating on about the
thinnest ice ever—it makes no dif
ference whatever whose pond you
are skating on.
You are ambrosia and cake to one
side and^ you likewise are gall and
wormwood to the other—be very sure
of that!
If your wife will have anything at
all to do with you, and if the neigh
bors love you any more, when you
get back home, it will .be entirely be-,
cause one side or the other forgot to
mention the fact' that once upon a
time you were a horse thief, or some
body said you were a horse thief, or
that you had an uncle who was* a
horse thief, or some pleasant little
thing like that.
They don’t care particularly wheth
er you ever look like anything any
more, after they get through with
you down there in the big court now
adays.
Cross-Examining Is What Hurts.
Always on the direct examination,
of course, the sledding is elegant.
The gentlemanly party then asking
you gentlemanly questions wouldn’t
hurt your feelings for the world.
He knows you are a law-abiding
citizen, and worthy of any trust. He
dotes upon you. He loves ypu. He
is your friend until that thing that
now and then breaks loose in Geor
gia freezes over!
Mighty fine—but you haven’t yet
discovered what's coming to you!
Wait until the cross-examining at
torney gets you in his demoniac
clutches!
Far be it from him to remember
that you have any kinfolks outside
the penitentiary, or that you ever told
a truth in your life.
He plainly but pointedly is perfect
ly willing to bet, right there, that you
couldn't tell the truth in three trials,
and he will lay you big odds on it,
moreover!
Now, of course, the following is not
precisely a sample of what has been
going on in the courthouse of late,
ever since the trial began, in fact,
but it is about the way it must seem
to many witnesses and spectators to
have been, after the day is over and
they undertake to recall the things
that transpired.
“Mr. Witness,” begins the cross
examiner, “you told the learned coun
sel (sarcastic smile) upon the other
side, I believe, that you saw an owl
sitting on the back fence about three
minutes and two ticks past 8:34 on
the night of the killing?”
“Mr. Witness” needn’t be the least,
tiny bit fooled by that “Mr.” busi
ness—the cross-examiner would
scorn to call a witness “Mister,” more
than once—after that, it merely is
“You, Smith,” or “Smith,” or “Look
Here, now," or something snappy and
snortfsh.
Witness: “I said I thought It was
an owl—it looked like an owl.”
Begins to Shake Finger.
Attorney: “W-H-A-T! Didn’t you
Just now, in the presence of this eru
dite Jury (shaking finger vigorously
urtdcr witness’ nose), swear positive
ly (shake) and without reserve
(shake), sir (shake, shake, shake),
that it WAS (shake) an OWL?”
Witness: "Why-er-um-I couldn’t
swear it was an owl exactly—it has
big eyes, anyhow!”
Attorney : “Big eyes? B-A-H! Also
B-A-H, B-A-H! Likewise B-A-H,
B-A-H, B-A-H!! Then (very sarcas
tically) It might have been a cat, eh?”
Witness: “Well, sir (very apologet
ically), I don't think it was a cat—it
didn’t say ‘Meow!’”
Attorney: "Come, come, person, I
don’t want to know what you THINK
—how dare you think, anyway?—you
didn’t hang around there to HEAR
whether it said ‘Meow,’ did you?”
Witness: “No, sir (very much
abashed); I admit I didn’t hang
around. Owls make me nervous, any
way!”
Attorney: “I've no doubt (sardonic
smile) they make you nervous! By
the way, person, didn’t one of your
honorable ancestors (profound sar
casm) come over to this country with
Captain Kidd, the well-known pi
rate?”
Witness: “Um, oh, I ”
Attorney:. “Come, come now, an
swer me; speak right out; tell the
trilth, if you CAN; did he?”
Drags Wife Into Mix-Up.
Witness: “I really can not say, sir.
You see that’s been so long ago, and
I wasn’t there, either, and ”
Attorney: “Well, you won’t (more
finger shaking under witness’ nose)
DENY that one of your ancestors
may have been a pirate, will you?”
Witness: “I-er-hump-can’t say. I’ll
ask my wife when I get home. May
be she knows.”
Attorney: "You’ll ask you wife, wil!
you? Is she your OWN wife?”
Here the Pleasant Lawyer gets up,
and says:
“Your honor, I object to that ques
tion. What has a man’s own wife
got to do with this case?”
His honor doesn’t answer right off
the reel, so the other lawyer Jumps
up and withdraws the question.
This makes the witness feel pret
ty good, for he knew he had a wife
when he left home that morning, but
he doubts that he can swear positive
ly to any such circumstance now.
Attorney, beginning cross-examina
tion once more: “Let’s go back to that
owl. What sort of an owl was it, if
(more sarcasm) it WAS an owl?”
Witness: “It LOOKED like a
screech owl.”
Attorney: “Well, a screech owl goes
‘screech’ and a hoot-owl goes “hoot,”
doesn’t it?”
Witness: “I am not sure, sir. I
think that’s the w; y it is. I don’t
know much about owls.”
Attorney, shocked almost speech
E. h. CONE
BROWN A ALLEN
PENCIL FACTORY GIRL WHO WILL
TESTIFY FOR THE FRANK DEFENSE
Attacks on Dr. Harris
Give Defense Good Day
less: “And here you have been telling
this poor, unprotected, orphaned Jury,
these swell, elegant gentlemen, ALL
about owls, and now you say you
don’t know anything about them.”
Witness: “Well, ah. oh, I sup ”
Attorney: “Don’t you know an ow!
a member of the striges family?”
Witness: “Of the Who-ges fam
ily?”
Attorney: "Come, now, don’t get
gay with me, atom. Don’t you, know
the owl is a member of the striges
family?"
Witness: "Never met such a fam
ily. They don’t live on my side of
town.”
Attorney: "Well, if you saw in the
big dictionary that the owl is of such
a family, would you say it was true?”
Witness, perking up a bit: “If I
saw it in the city directory, I might
believe it, but what’s* the dictionary
got to do with it?”
Attorney,- waxing superlatively sar
castic: “Will you. speck on the face
of creation, kindly permit ME to ask
the questions? All I ask of you is
that you let ME do that, then YOU
answer, if you CAN.”
Then the Pleasant Lawyer gets up
again.
It certainly is a relief to a witness
when the P. L. arises to ejeculate a
few broken observations. He is the
only rainbow in sight, once things
get going.
Pleasant Lawyer: “Your honor. I
submit that the big dictionary itself
is the highest evidence of what the
big dictionary says. If the learned
counsel on the other side (great
gobs, clusters a«id festoons of sar
casm) wishes to know WHAT the
big dictionary says about owls,
screech or otherwise, let him tender
the BIG DICTIONARY, and stop
snarling and beefing at this gentle
manly, talented, honest and excep
tionally bright witness!"
The witness thar v Ks the pleasant
lawyer for them kind words, all right,
for they are the first he has heard in
many hours.
Mean Attorney: “Well, animal,
have you a big dictionary at home?”
Witness: “No, sir; the one I use
SOL D BY
NMAN PAR K PHARMACY A. G. DUNWODY
PALMER’S DRUG STORE BOST'S PHARMACY
LAMAR A RANKIN, Distributors
CHAMBERLIN-JOHN SON DU BOSE
And other “Live” Dealers in Toilet Articles.
INSIST ON ODORONO—THERE’S NOTHING “JUST AS GOOD.”
WONDERFUL HOW
RESINOL CURED
ITCHING HUMOR
New York, N. Y., May 19, 1913:
—“I wa-s taken with a terrible
itching and burning in my hands.
They would crack and bleed. I
could not do my work. 1 had to
walk the floors at night. I tried
and , but no relief, until
I used Resinol Soap and Resinol
Ointment—then 1 e«uld go to
sleep. The Resinol treatment is
something wonderful, for if you
could see my hands, you would
never think that they were ever
sore—they are so nice and soft,
and I can do all my work now.”
(Signed) Mrs. Wm. Sutherland,
135 East 71st St.
For 18 years Resinol has been a
doctor’s prescription and household
remedy for eczema, ringworm,
pimples, dandruff, wounds, burns,
sores and piles. Resinol Ointment
and Resinol Soap are sold by all
druggists. Trial free; Dept. 5-R,
Resinol, Baltimore, Md.
is over in the State Library.”
Pleasant Lawyer: “Now, then,
your honor, since this accommodating
witness has answered the questions,
I move that the able (withering con
tempt) counsel on the other side be
required to bring the State Library
into court, or shut off their questions
about owls. I move to strike from
the record exerythlng this down
trodden witness has said about owls,
unless the State Library be brought
over and handed to the jury for in
spection.”
Mean Attorney: “Does your honor
mean to tell me—ME—that I must
bring the entire State Library into
court, in order to prove that an owl
is a member of the striges family,
merely because this stubborn and
evidently partisan witness will not
say?”
His honor, sighing, patiently: “Well,
gentlemen, what has this aforesaid
and hereinbefore mentioned owl TO
DO WITH THIS CASE. ANYWAY?”
Mean Attorney, getting red in the
face, probably about to explode with
righteous indignation: “What has It
to DO with the case? Why, your
honor, opposing counsel brought out
the question of owls. Didn't this
witness, brazenly and with palpa
ble malice aforethought, say to this
grand and magnificent Jury that when
he went home last Thanksgiving night
he saw' an owl sitting on the back
fence?”
The Grand Climax.
Pleasant Attorney: “I don’t think
the gentleman said Thanksgiving
night; I think it w'as Christmas. It
makes a lot of difference in the mat
ter of seeing things at night, as your
honor may know, or—er—may have
heard, whether it be Thanksgiving or
Christmas. Besides, he didn’t say he
saw' an owl sitting on the back fence.
He merely said he went home that
night on an owl car.”
Everything about owls, the owl car
and the back fence is ruled out, and
the Mean Lawyer sits down, evident
ly greatly chagrined and angered.
And the witness?
About all the witness hopes as he
leaves the stand is that his wife at
home—if she’s still there—loves him,
anyway, and will continue to think
well of him hereafter, notwithstand
ing the fact that he has been a wit
ness in Atlanta’s most famous mur
der trial.
It makes no difference whatever
which side summons you to testify in
the Frank case, it’s tough Ipck! You
can’t win.
You will be made to wish you
never had been born before they get
through with you—that’s the surest
thing you know!
Augusta to Share
Crop-Moving Fund
AUGUSTA, Aug. 12.—Albert S.
Hatch, president of the Merchants’
Bank and a member of the committee
of the Augusta Clearing House Asso
ciation, sent to Washington to con
fer with Secretary McAdoo, of the
Treasury Department, in regard to
money with which to move the crops,
has returned and announces that Au
gusta spoke for $600,000, 'which she
will get if she wants it. Hatch said
Augusta could hove probably gotten
more had she asked for it.
Georgia J. 0. U. A. M,
In Session at Macon
MACON, Aug. 12.—The nineteenth
biennial convention of the Junior Or
der of United American . Mechan
ics met here to-day. with about 150
delegates, representing the various
councils in the State, in attendance.
It is probable that the next meet
ing will go to Athens, and that Ben
jamin J. Symons, of Savannah, will
be elected councilor to succeed Judge
W. W. Shepard, of Savannah. O. H.
PuckeU, of Atlanta, state treasurer,
is assured of re-election.
SUICIDE BY DYNAMITE.
ALTOONA. PA., Aug. 12.—Placing
tw r o sticks of dynamite in his vest
pocket, Henry Boldt, 55, applied a
match to the fuses and was blown to
pieces.
Extra Police to Curb
Thieves Bryan Day
STROUDSBURG, PA., Aug. 12.—
Expecting an unusual representation
of pickpockets when William J. Bryan
makes his Chautauqua address here,
August 28. the borough fathers, at
their regular monthly council meet
ing. have taken decided action.
Secretary Williams was directed to
ask Superintendent Groome to have
the State constabulary here on Bryan
day. The occasion is expected to draw
larger crowd than any circus* day
in the last 25 years.
900 Young Women
Ask to Join Army
Special Cable to The Atlanta Georgian.
PARIS, Aug. 12.—The War Minister
has received a petition from 900 young
Frenchwomen who ask to be allowed
to Join the army in the auxiliary
services.
They declare they are prepared to
submit absolutely to military disci
pline. adding that their dearest hope
is to consecrate part of their youth to
France, and thus co-operate with
their brethren in the national de
fense.
$6 WRIGHTSVILLE
BEACH
Round trip Saturday, August
23. Special train, sleepers and
coaches. Leave Old Depot 6 pm.
SEABOARD.
The defense had what w r as prob
ably its best day on Monday. Medi
cal experts were on the witness stand
the larger part of the day. The pur
pose of their testimony was to knock
down, one after another, the sensa
tional statements of Dr. H. F. Harris,
secretary of the State Board of
Health. All of the witnesses joined
In ridiculing every important theory
or conclusion that was reached by
the distinguished chemist and physi
cian.
Experts for Defense.
These are the medical experts called
by the defense to cpmhat the testi
mony of Dr Harris:
Dr. Willis F. We5*tmoreland. first
president of the Georgia State Board
of Health, and president of the At
lanta College of Physicians and Sur
geons.
Professor George Bachman, demon
strator in physiology at the Atlanta
College of Physicians and Surpeons;
formerly one of the faculty of the
Jefferson Medical College, Philadel
phia’.
Dr. T. H. Hancock, a specialist In
surgical practice.
Dr. J. C. Olmstead, a graduate of
Columbia University, and a practi
tioner in Atlanta for 32 years.
Here is a summary of Dr. Harris’
theories on the death of Mary Pha-
gan and the consensus of the four
medical experts’ opinions In regard
to the theories:
How Views Clashed.
Mary Phagan came to her death
within half or three-quarters of
an hour of the time sfie ate her
meal of cabbage and wheat bread
at home. The condition of the
cabbage shows It had been in her
fcftomach no longer than that when
death .stopped the digestive pro
cesses.
“No man in the wmrld could ex
amine those specimens of cab
bage and tell either from their
condition or from the conditions
found in the stomach of the mur
dered girl nine days after death
within hours of the time that
elapsed between her meal and her
death,”
The wound on the back of the
girl’s head indicates that she was
knocked unconscious and later
strangled to death.
Called Reckless Conjecture.
“From the data at hand, it is
absolutely Impossible to tell that
the wound on the head caused
unconsciousness. It is only a rash
and reckless conjecture.”
Mary Phagan was the victim of
criminal violence other than that
superficially apparent.
“This is the most extraordi
nary surmise that could be im
agined. As a matter of fact, he
could not have told from the con
ditions he says were present that
she was a victim of criminal vio
lence. even if he had made the ex
amination within a few hours af
ter death, Instead of nine days
later.”
Dr. Harris not only was buffeted
about on account of his startling the
ories and conclusions, but because of
his conduct in the case. Attorney
Reuben Arnold asked Dr. Westmore
land what he would think of a phy
sician or chemist who was called into
a case like that of the Phagan mur
der; who made the examinations ad
mittedly for the rearfon that he “liked
the Solicitor”; who conducted all of
his analyses and experiments in ab
solute ’ secrecy, who had not even a
collaborator to check up on him, and
who saved none of the material for
the use of chemists who might be en
gaged by the defense.
Solicitor Dorsey at once made ob
jection to the question.
“I don’t know that the question is
admissible, but it ought to be,” re
torted Arnold. “We \»ish to show
that Dr. Harris has violated all of the
ethics of his profession, as well as
the principles of honesty and decency
and fairness. A man s life is at stake,
your honor. His case should not be
affected by one man’s word who de
liberately has destroyed all of the ma
terial upon which he says he bases
his theories.”
Dr. Westmoreland was permitted
to answer. He said:
"It is the ethical rule that a chem
ist or physician either call in another
expert or preserve the specimens of
his test.”
Solicitor Dorsey endeavored to
shpw that Dr. Westmoreland might
be influenced in his testimony by a
breach of professional relations with
I)r. Harris which occurred some time
ago.
Attempts to Show Dislike.
"How is you feeling toward Dr.
Harris?” he asked. “Is it kindly or
unkindly?”
The witness replied that It v. is
neither one nor the other.
Asked by Attorney Arnold to go into
the matter to which the Solicitor re
ferred, Dr. Westmoreland said that he
had preferred charges of scientific
dishonesty against Dr. Harris and
that the charges had been found well
grounded, but were not regarded as
sufficiently grave to warrant any ac
tion. He thereupon resigned from the
State Board of Health, he said, leav
ing Dr. Harris in his position of sec
retary.
Joel Hunter, an expert public ac
countant, testified Just before ad
journment that it v ’ ’ have taker
Leo Frank at least three hours to
make up the financial sheet and bal
ance his accounts on the day that
Mary Phagan was murdered.
“That, wouldn't have given him
much time to go to the ball game,
would it?” inquired Attorney Hooper.
It is the theory of the State that
Frank was planning to go to the ball
game Saturday afternoon and that he
compiled practically all of the finan
cial sheet Saturday for*moon. This is
in opposition to the contention of the
defense that Frank, did all of the dif
ficult mathematical work in the aft
ernoon, something he could not have
done had he Just committed a brutal
murder.
People’s Cry for Justice Is
Proof Sentiment Still Lives
There is as much sentiment In the
world to-day as there was in 1861
or 1776 or 1492 or 1066 or any other
date that may come to your recollec
tion. *
It’s not fashionable to say so. but
It’s true. People to-day are too prone
to accuse themselves and tt$elr neigh
bors of being worshippers of Mam
mon and declaring that the money-
grubbing instinct has crushed out
sentiment, patriotism and honesty.
Blit right now in Atlanta, there is
a striking example of the goodness
that is man’s to-day, Just as much
as it has ever been.
It is the one bright spot In the hid
eous slaying of Mary Phagan and
the terrors of the trial of Leo Frank.
More people are interested in the
case probably than In any criminal
action, the South has ever known.
They are thrilled by it, for they knew
that the officers of the law and the
Government of the State are spend
ing thousands of dollars to find the
man guilty of her murder and punish
him.
Had Mary Phagan been of a promi
nent house, had she been wealthy,
had her family or friends been in
fluential there would be no room for
comment.
The cynic could say, "Oh. she was
a rich girl, what chance would there
be for a child of the masses?”
But the Phagan case gives this the
lie.
Mary Phagan's family is not
wealthy. It is not prominent. It is
not influential.
And still the great public has arisen
By L. F. WOODRUFF. .
with a demand that can be heard the
length and breadth of the nation that
her slayer be found and punished.
Had Mary Phagan been a princess
of Peachtree Instead of Just a little
Atlanta girl—as» good as she was
pretty—w r ho had to struggle to make
her living, the sentiment would not
have been half so fervid.
The sympathy that has* gone out
to her and her family is a lasting
proof of Atlanta’s and the South’s de
mocracy.
“Poor Old Dad," Poem
Touches Ham Lewis
WASHINGTON, Aug. 12.—Senator
James Hamilton Lewis isn't the Lewis
who is advocating a "Father’s Day,*’
although hundreds of correspondents
think he Is; but—
He has received a copy of a song
from a man in Decatur, III., entitled
“Poor Old Dad.” The chorus ran:
No. it Isn’t meant to slight him,
But it looks a little sad;
All the bouquets made for Mother,
Not a bloom for Poor Old Dad.
“Poor Old Dad!” sighed Senator
Itched So Scratched Till Bled.
Screamed When Washed. Cuti-
cura Soap and Ointment Cured.
Lewis. “Now I know
something for him.”
we must do
R. F. D. No. 2. Box 67. Ellijay, Ga. —
“My son's ringworm began on the back ol
his hand. A fiery red spot came about as
large as a dime and It would
itch so badly he would scratch
it till it bled. It t>egan to
spread till it went all over hia
hand. He would just scream
every time I went to wash It.
The nail came off on the
middle finger.
“ I used and It got
worse all the time. The
trouble lasted t wo or three months, then I
sent and got some Cuticura Soap and Oint
ment and began to use them. I would wash
his hand with the Cuticura Soap and dry it
good and apply the Cuticura Ointment.
Relief was found in two or three days and
the ringworm was cured in two weeks after
using Cuticura Soap and Ointment.”
(Signed) Josio Parks, Jan. 4, 1913.
Not only are Cuticura Soap and Ointment
most valuable in the treatment of eczemas
and other distressing eruptions of skin and
scalp, but they are also most affective in
the treatment of pimples, blackheads, red,
rough skins, itching, scaly scalps, dandruff,
dry. thin and falling hair, chapped hands
and shapeless nails. A single cake of Cuti-
cura Soap (25c.) and box of Cuticura Oiafc-
meut (50c.) are often sufficient when All
else has failed. Sold by druggists and
dealers throughout the world. Liberal
sample of each mailed free, with 82-p.
Skin Book. Address post-card “Cuticura,
Dept. T, Boston.”
*#“Men who shave and shampoo with Oti-
tlcura Soap will find It best for skin and scalp.
85c
475 New White Skirts
in a Special Sale To
morrow at - - - -
They Are $1 to $2 Skirts
Brand-new, every one of them—they will go into stock for the
first time—for this special sale Wednesday—and they are such good
skirts that not many who see them will let pass the opportunity to buy
two, three or a half dozen-
They are beautifully made in about six stylish models, some with
side inserts or plaits, all button-trimmed. The material is good pique,
in wide and medium welts.
All sizes too—so that even very stout women may share this
economy. The sizes are—22 to 36 waist, and 36 to 44 length.
Regular $1.00 to $2.00 Skirts—for your selection Wed
nesday at 85c each.
Women’s Apparel Sec',ion—Fourth Floor.