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

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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.