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TTTE ATLANTA GEORGIAN AND NEWS. DEFENSE SLIPS LOAD By LEO FRANK AS ISSUE By JAMES B. The defense in the Frank case did the expected thing when it boldly and unequivocally put Frank’s char acter in issue. It indicated its confidence in the justice ot tne deefndant’s cause in do ing that, and it met thus a crisis that it hardly could have successfully overcome otherwise, if it so happen that it does overcome it eventually. Having taken the initiative in the matter of thrashing out Frank’s character, the State will now be forced to make out an unmistakable case c? bad character against Frank, or it is likely that the State’s injection of the sinister charge against him, in addi tion to the charge of murder, may op erate as a boomerang to the State's great hurt finally. It is not to be wondered at that the defendant’s mother, tried and racked in spirit and pride as she surely must have been, should have let her feel ings overcome her for an instant dur ing the course of Wednesday after noon’s hearing. I do not suppose it is even remotely possible for any person not a mother to understand all she has gone through. Her vehement protest against the vile things being said and hinted about her boy—true or untrue, though such things always are untrue n mother love, I take it —serves to il lustrate, however, how very vital to the defense now is the establishing of Frank’s good character. I doubt that anything thus far said to the jury has so profoundly im pressed it as the unspeakable thing Conley said of the defendant. The jury is only human, and it can no more dodge impressions than other people can. Impression Must Be Erased. The defense is up against the her culean task of removing all of that impression from the mind of the jury —the twelve minds of the jury, indeed —for it will not do to leave even a fraction of Conley’s story undemol ished! Manifestly, therefore, the defense could not, if it would, get away al together from the matter of Frank’s character. It found itself necessarily forced to the other extreme of the situation set up by the State. The State, on the other hand, by reason of the defense’s challenging attitude in the matter of forcing the issue of Frank’s character, must now corroborate the frightful story of Con- IMPORTANT WITNESSES FOR dffens^istaTE’S sole aim is to CONVICT. DEFENSE’S 10 NEVIN. ley, or I think it may suffer before the jury irreparable injury. Curiously enough, the burden of proof in the Frank case *emed to have been shifted a week ago—thai is, whereas the burden is legally im posed upon the State, it being the theory of the law that? a defendant goes into court with the presumption of innocence in his favor, i* appeared, after Conley had made his awful charge, i.iat the burden then was shifted onto the defense to prove Frank’s innocence, rather than that the State should prove his guilt. In putting Frank character in ia sue, however, 1 now think the defense has shifted back the burden, in large measure, anyway, to where the law contemplates it shall rest. The State must complete its proof of Frank’s depravity, or the State will not have made out such a case as likely will stand to the last analysis. Defense Plans Its Climax. As the State moved in the begin ning Of the Frank trial, steadily and consistently to the negro sweeper. Jim Conley, as the climax of its case, so to-day the defense is moving, every bit as steadily and as persistently, to the defendant, Leo Frank, as the cli max of its case. The State’s case progressed ever up to Conley—the defense’s case is progressing ever up to Frank. It is Conley vs. Frank no less than it is the State vs. Frank. No intelligent and discriminating observer, abreast with the status of the trial, doubts that, or has doubted it for days. Either Leo Frank’s life will an swer for Mary Phagan’s, or Jim Con ley’s will! "The capstone of the defense un doubtedly will be the defendant's statement. He will make it just be fore the defense rests its pleading. Already, this anticipated dramatic event has cast its shadow before. The public is looking forward to Frank’s personal statement with no less keen interest than It looked forward, per haps, to the terrible story of Conley. Frank will be permitted, under the law, to make a statement to the jury, but without being permitted to swear to its truthfulness. The jury will be instructed that it may accept that statement, if it so elects, in preference to all the sworn testimony in the case; or it may accept it in part and re ject it in part; or it may reject it altogether. The Jury alone and finally is made By 0. B. KEELER. PHILIP (HAMPERS. ct-i ALCOHOL 3 PER CENT. AVcgf table Preparation for As si rnilating tt» Footf ancIRegu«a ting Die S tomachs aadBoweis of For Infants and Children. The Kind You Have Always Bought Bears the Signature Promotes Rigestion.Cheerfu!-i ness and Rest.Contains nciltar Opium .Morphine nor Mineral. Not Narcotic. Jtecipe of Old DfiStiMCELIHUJUl ftmtfJun iW" JIilSm/t* © JMell'Uts- AuseSttd * Ihrtn Serd- Cfanfxit Sugar • Wattrjrreii Thmr. Aperfeci Remedy for Constipa tion , Sour Stomaeh.Dtarrhoea Worms .Convulsions .Fevwish' ness <uui Loss of Sleep* Facsimile Signature of NEW' YORK. gSSr, Gddraulf Exact Copy of VVrapper. In Use For Over Thirty Years the sole judge of the defendant’s cred ibility on the stand. Tells What He Pleases. The defendant can not be im peached; he can not be cross-exam ined; he can not be prompted by his attorneys. He simply states what he pleases, in the exact way he pleases, and in such detail or lack of detail as he pleases. It is strictly a matter between the defendant and the jury. Leo F*rank is one of the few de fendants in murder cases coming un der my observation, who ab-'tolutely refrained from discussing hi» case, in any phase of it, in advance of his trial. Only at the Coroner’^ inquest, where he was obliged to talk, has he opened his lips to soeak concerning the charge brought against him. In adopt ing this course, he unquestionably was well within his legal rights, and well within the bounds of common sense, too, no doubt—hut the fact remains that the course he pursued is the un usual one. I said in a former article that Frank apparently is a very patient man— and such men fight mighty hard when oneft aroused—and the more I reflect upon that observation, the more I am inclined to emphasize it. He has waited four months to tell his story—but when he does tell it. it will be related in the proper pres ence, the court and the jury. It is unlikely that the jlublic wishes to hear anything quite tu much as exactly what Frank himseif lias to say of the charges lodged against him. It has heard what everybody else, both intimately and distantly con cerned, has had to say. It has heard Conley's story from Conley’s own lips —but thus far Frank has been as silent as the grave of the dead gir! itself! It is impossible to forecast the ef fect of Frank’s statement upon the jury. It may have as owerful an effect in clearing him as Conley’s hor- EMIL SEL1G. rible statement surely must have had by way of then condemning him. Juries Have Accepted It. I have seen cases in which the de fendant’s statement alone evidently served to clear him. I have known juries to accept it as the truth, over and above all the sworn testimony— .just as the Jury has the unquestioned tight to do. On the other hand, I have seen the defendant’s statement fall flat and stale. I have seen it have no more effect upon the jury than rain has upon a duck’s back. It all depends upon the defendant’s manner and bearing on the stand, the seeming sincerity of his recital, its plausibility and probability, the char acter of the man making it, his in telligence and apparent directness of purpose, the necessity of the state ment as bearing alone and entirely upon weak points in either his own or the State’s case, and many other things. The defendant’s statement presum ably dovetails, of course, into the case his lawyers theretofore have made -ywriZicrer-'-: rr.ra--■; vnsnxiamiaavmu’ij! LET ME END YOUR TOOTH TROUBLES Absolutely Pas enless By THE CINTMIP COMMHV. Nf 1 * YORK CITY. Those who dread having teeth extracted, filled or crowned should call at my office and I will demon strate to your entire satisfaction that I can do it painlessly by the use of my Nitrous Oxide. Fillings in Silver, Platinum and Amalgam, 50c. 2'-K Gold G own, Porcelain Crowns oni Bricge Wcrk AUGUST 1ST HI Is the Last Day On Which It Is Possible to Buy best jellico Lur^p coal * t $4.50 PER T0N r%m ■ a _ 0 ^ Phones Henry iVleinert Coal Co. Phones 1187 73‘/ 2 Whitehall St. $3, $4, $5 out—and yet 1 have known the de fense to introduce the defendant the j first thing, and proceed thereafter to ! the building of a case around his "tatement. As this case is so thoroughly a fight between Conley and Frank -that is, J between Conley’s evidence and Frank’s evidence—it will be intensely in teresting to watch and see how even tually the jury views the relative j value of both. Much Rests on Defendant. Conley’s story, as amazing and as shocking as it is in parts, neverthe less has been accepted by many as the truth. Presumably, those peo ple who already have made up their minds still are wili ng to be convinced —as violent as the presumption may | be in some Cases—if Frank can con- | vince them. Upon Frank’s Statement, therefore, lit is entirely possible the en ire case i may turn finally. To discredit Frank’s statement, to | be sure, will be his heavy self-interest land the fact that »t is not upon oath | and not subject to cross-examina- I ion. To discredit Conley’s story, how- I ever, is his also heavy self-interest i and the fact that, while his story I was delivered on oath, his character | I admittedly is very bad and his nu- j merous previous sworn statements admittedly false in many important | details. The situation thus set up is about * as pretty as it could be, from an ab stract legal standpoint. If it were a surgical problem we were considering, I should predict that the operation will be beautiful and brilliant in any event—but as for the patient—well, 1 really could not say! Militant Firebugs ! Taunt Government TERMS TO SUIT |j Special Cable to The Atlanta Georgian. [I IjONDUN, Aug 14. Firebrands among I the young militant suffragettes extended I their depredations to the Isle of Man j 1 to-day. Laxey Glen Gardens were de stroyed by tire, with a loss of $25,000. The women left placards scattered | j about t he ruin s taunting the Go\ ern- I ment for its inability to nnd the women II who have been carrying on an organ* 1 ised campaign of Inqendiaristi Guaranteed for 20 Years. They never Slip or Drop. I Guarantee Them for 20 Years. Lady Attendant and Ladies’ Rest Room. Daily, 8 to 0; Sunday, 10 to 3. Phone: Main 1298. Gold Dust Vulcanite Sets Do Not Make the Mouth Sore Nor Have Rub ber Taste. DR. WHITLAW, 731-2 Whitshall Street Entrance 73 1 2 Whitehall St’-e't. Fourth Door from J. M. High Com pany. Over the Atlantic and Pacific Tea Store. Opposite Vaudette Theater. FLOVILLA, GA. $2.30 Round Trip $2.30 Tickets on sale daily Au- i gust 5 to 17. Return limit August 21. Account IN- 11DIAN SPRINGS CAMP I MEETING. SOUTHERN RAILV7AY. By L. F. Woodruff. There is one class of men to whom death is supposed to hold no horrors. They' can not think of it and earn their daily bread. Were the fear of Ioms of life to enter their brain for one single second during their daily task they would be as useless as a motorless automobile. Their pay is high for scorning the grave. They can see one rf their companions fall victim to the perils of their calling and go back to work on the same Job a few minutes* later without ;i tremor, and encounter those same dangers with footstep firm and their minds only on th« work they have to do. These men are the structural steel workers. They are as picturesque a class as the struggle for dollary has* developed. The fascination of their calling is universal. No man can pass the place where a building is slowly reaching its way into the clouds witn- out standing in an awe-struck trance watching these men scamper around between heaven and earth as though they were walking about a place as safe nS the quiet walk under the shade trees of Grant Park. Furnish a Bizarre Feature. And these men tnake one of the strangest studies of all the bizarre features of the trial of Leo Frank. Just across Hunter street from Judge Roan’s courtroom, where the factory superintendent is fighting to clear his name of the charge of hav ing killed Mary Pnagan, Fulton Coun ty’s magnificent new temj le of justice is nearing completion. But there is still work to be done on the dizzy heights of the upper stories. The men of the building trades are then* and their interest in the dramatic court battle that is being waged within a stone's throw of them ig as intense us is the interest of any of those who have sat through the tedious days of the hearing constant spectators of the trial. These builders, from their lofty’ working place across the street, can peer through the courtroom windows and see the trial as it progresses. They can not hear a word of the evi dence. They miss the forensic clashes of the counsel. Dare Death to Watch. But still then* is not a moment of the time that the case in in progress that life and limb are not risked by these men as they stare into the courtroom. They can see Frank as he sits through hour after hour of his great ordeal. They can get glimpses of the faces of his wife and mother, of the witnesses as they take the stand, and of the Judge on the bench. They can see the bulky back of Luther Rosser and the energetic gestures of Hugh Dorsey. That is all. To see these things they must lean far out from their Insecure perches, with death certain if they should fall I to the pavement a hundred feet below There in but one explanation for I their interest. They’ know a man ! fighting for his life In that courtroom l across tho street. j And while death may have no ter rors for them, it has a fascination as subtle as the stare of a serpent’s eye I to a birl, as Mtrong as the rivets of st el with which they earn their live lihood. Right in the first jump, please un derstand that (1) this is merely the opinion of a layman, unlearned in the law; that (2) he may be the only layman in existence who feels this way about it; and (3) the Frank trial is not being singled out in the fol lowing comment, except as it is a fair example of the great criminal trials of this country. • • • In following the trial of Leo Frank, two points keep prodding me wPh Increasing fervor. These are the points: (1) That the prosecution's efforts are centered on producing evidence that will convict Leo Frank. (2) That the efforts of the defense are devoted to producing evidence that will acquit Leo Frank. Now', having read thus far. you probably are smiling to yourself at the idea that anybody should under take to write a news©.(per story about a great trial, basing It on such an absurdly simple and obvious observa tion. State's Evidence AM Damaging. That (you say) is something every body knows. That (you say) is taken for granted. Nevertheless (I say), that doesn’t make it right. I sat in Judge Roan’s courtroom, right at the edge of the Jury box. and 1 heard the State present its case. Every bit of the State's evidence was damaging to Leo Frank. If the State of Georgia knew any thing good about Leo Frank, or had any evidence that tended to cast a doubt on his guilt of a horrid crime, the State of Georgia kept that in formation strictly to itself. I heard the defense begin attacking the evidence offered by the State, an 1 offering (ir. turn) evidence that tenu- ©d to show the innocence of Leo Frank. If the lawyers of the defense knew’, down in their hearts, that certain points made by the State were true; if they realized that certain facts were unshakable; if In their investigation they had found certain things that tended to fasten on their client the murder of Mary Phagan—if any of this was in the mind of the defense it did not get out where the jury could see It. How About Investigation? Well (von aay). It would be a pretty kind of defense that would produce evidence that would hang the de- fenant. And (you added) Isn’t that what the State of Georgia pays its prosecutors for? For what? Conviction ? Or INVESTIGATION? That v as the most unmerciful of the prodding points Of course, now, the State's attor neys in the Phagan case say they be lieve Frank is guilty, and equally, of course, the lawyers for the defense declare they are convinced of the in nocence of their client. Rut that is always the case in important murder cases, and furthermore, as 1 have said, I am not talking about the Frank trial. As much as about a system of justice. I asked a lawyer about it; a widely- read and learned lawyer, with some thing In his head besides the law he has absorbed. I said: 'Honestly, now—isn’t this system of criminal prosecution ell wrong? Oughtn’t the State have investigators Instead of prosecutors? Why should the accused have any defending coun sel. if the State were not prosecuting, but making a fair and impartial in vestigation?” I thought the idea was Highly origi nal. I learned something, right away. The widely-read and learned law yer informed me. kindly but firmly, that that was an Original Idea a good many hundred years ago. That it was THE original Idea of dealing with criminal cases, in fact. That it was pretty nearly fixed In the basis of good old English law. He went on to explain that in the early days when a crime was com mitted, the proper officer—I forget what his title was—the proper of ficer started an investigation. If a man apparently was implicated by the flrst evidence brought to light, that man was detained. If he had already “beat It,” that was added to the sus picious circumstances against him, ana the pursuit began. But if he was well in hand, and the case was a regular mystery, the in vestigator for the Grown, or whatever it was, went Into that case exactly like a ceititled accountant examining a set of books, suspected by the firm of not being correct. Auditor Has No Interest. The auditor doesn’t care a whoop whether he finds the suspected book keeper guilty or innocent. That is. he has no interest at stake. He is paid for making a correct audit. H© is paid by the job. Probably, unless his liver is out of whack, he would rather see the poor bookkeeper cleared. Rut he has no Interest in the matter. Well, it seems from w’hat the law yer told me, that was the original plan of criminal prosecution by the State. The State didn’t prosecute. It jint investigated. If the facts produced by the investigation warranted a jury in ''slicking” the aecpsed, well and good. If the evidence warranted the jury in turning him loose, also well and good. The accused had no “counsel,” the way we understand it. If he was a rich person, or had rich friends*, he was privileged to employ an investi gator, or investigators, who would as sist the public investigator in his in vestigation. Hired Help Might Convict. Rut it was understood that if the hired help turned up anything damn ing the darning thing would be al lowed to go ahead and damn as hard as it could, without concealment or mitigation on the part of the assistant investigators. Wherefore, it was not the prudent part of guilt to employ additional In vestigators. And now. reverting to the enlight ened present, what have we on exhi bition ? Not singling out the Frank trial, you understand, hut in it. ah in everv big criminal trial in this country, where the accused is able to employ talented counsel, we have the spec tacle of two sets* of abl lawyers, fight ing each other with all the resources of their learning and shrewdness and ability. The life and honor of tho accused may be at f*take—the prosecution, once committed to its task, will seek no evidence but what will incriminate him. The high claims of Justice are at st ik< t u defense must permit rv« shred of evidence to be presented, saving only w’hat will tend to clear their client. And He Didn’t Explain Why. ft is no fault of the prosecutor that this is s»o. It is no fault of the lawyers for the defense. And as to the system? Well, this* is just the opinion of a layman, you remember It may b« that there is a good reason in law- why the investigator has become a prosecutor, and is yaid as such; arid why the defendant may employ ex pensive counsel to combat the inve tigatlon — or prosecution — at all points. There may be a good reawn for all this. Only, my friend, the lawyer, didn't explain it to me. FOR HEADACHE Take Horeford’s Acid Phoephate Especially recommended for relief of headache caused by Summer heat, brain fug or tired nenes. 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