Newspaper Page Text
1
THE ATLANTA
GEORGIAN AND
GIRLS WHO TESTIFY FOR DEFENSE OF FRANK
THE TRIAL OF
in
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 th© hearing, it must be
borne in mind that the establishing
of Justice la the main object of both
sides, and that, therefore, patience
and poise are absolutely necessary in
those who would be fair—fair not
oply to Frank, but to the State also,
f 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 prats© 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 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 can not, and will not, Irti
j overcome without difficulty and cir
cumspection 6f 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 Leo 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
r 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 tri®3
In the Fulton County Court both the
, State and the defense does well to
s 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
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-
*** 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
1 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
wrong. It isn't zo much for you lo
mi«V "f«¥« iYiYii fiViVi *Yi«*. iitif.iV.m... m«.i ft
M. RICH & BROS. CO.
MISS REBECCA CARSON.
MISS CORINTHIA HALL.
j I jJ|p||F
- '
■■■ ' "v
August Furniture Sale
! Offe rs Double Attraction!
■
Y Both desirability and
gust furniture sale alluring.
i.: „ .. x* .ii n
economy make our An-;
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.
i
| $60 Solid Mahogany China Cabinet $42
The china cabinet, il
lustrated, is a demon-
:*J stration of extreme de-
sirability. This cabinet
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 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 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
clined positively.
How Battle May Turn.
Now, what will be the effect
these two contrary' theories upon the
rnfnd of the Jury?
If the jury believes Frank did the
work in the mornine. 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 upon his conscience,
and the State would THEN be in the
unfortunate attitude of having com
bated unsuccessfully a theory of thQ*
defense, thereby emphasizing the
State's FEAR of it, and thus neces
sarily emphasizing 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
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 all, of course, that 2 and 2 make
4. We would be as apt to guess that
2 and 2 make 6, 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 majee 4.
After all, then, it Is only through
a process of elimination that we
know even so much ae» 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 PYank 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 8.
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 malls 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-Old Girl to
Christen the Nevada
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— $76.
The dining table,
matching the china
cabinet, has a 60-inch
top, beautifully finish
ed.
Former
5 August
price—$68.50.
price—$58.50.
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
State Calls More Witnesses;
Defense Builds Up anAlibil
In anticipation of the close of the
defense’s case, the State Tuesday aft
ernoon subpenaed a number of new
witnesses to be called in the event
that PYank’s character was put In
issue. Tt 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 15-year-old
RENO, NEV., Aug. 13—Eleanor
Anne Siebert. ten years old. daughter
of Mr. and Mrs. PYed 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 L
office boy, but Attorney Arnold moved
that all of the testimony bearing on
thjs 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 asr 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
PYank 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 PYank 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 PYank 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. Conlfey said it
was four minutes before 1 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, two of which were found be
side the body, and everything else that
took place before PYank left for home,
according to Conley.
Claim Conley’s Story Impossible.
The defense maintains that it would
have been absolutely Impossible for
PYank to have accomplished all this
in the short space of tifne. 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 PYank washed
his hands and told Conley to come
into his office, according to the negro.
This must have taken until 1:05, at
least, PYank’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 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 notea
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
word. 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 erasure*. He also said
there was considerable conversation
about PYank’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 he able
to argue that this took at least an
additional five minutes, bringing the
time to 1:30—ten minutes after PYanK
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. Seli^. for example, testified at
the inquest that PYank 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 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 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 e showing up of the
court and chaingang record and repu
tation of C. B. Dalton, the witness
who swore women frequently were In
PYank’s office; the announcement by
the State of Its theory that PYank
planned the attack on Mary Phagan
the day before it took place, and the
testimony of Miss Hattie Hall and
Miss Magnolia Kennedy, which was
intended to show that this theory was
untenable.
8tate Charges Premeditation.
Attorney Frank Hooper declared it
as the opinion of the State that the
pay envelope of Mary Phagan was
refused Helen Ferguson Friday night
and that H 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-
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 story of Jim
Conley. Miss Hall said that Lemm!«
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 Corinthla Hall and Mrs. Em
ma (Hark testified that they were not
in the factory shortly after 1 o’clock
when Conley said PYank 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 which PYank
was alleged to have a part.
Kneel in Streets
To Pray for Rain
Was.
1 10-ptece Flanders Oak Dining Room Suit...... .$307.50
Consists of sideboard, china cabinet, dining
table, serving table and 6 chairs. Elegant value.
1 514-foot Early English Sideboard
1 Square China Cabinet, to match
1 54-inch Table, to match
1 Serving Table, to match
9'Early English Chairs, each.
2 Early Euglish Arm Chairs, each
1 6-foot Golden Oak Sidehoard
65.00
45.00
45.00
20.00
5.00
8.50
90.00
55.00
1 60-lnch Golden Oak Table
1 Early Euglish Sideboard
1 6-foot Mahogany .Veneer Sideboard . ..
1 4V4-foot Mahogany Veneer Sideboard.
1 Imitation Mahogany China Cabinet.
50.00
45.00
75.00
65.00
'25.00
75.00
1 4-foot Solid Mahogany Buffet Sideboard 52.50
1 Solid Mahogany China Cabinet, 2 mirrors ami
1 glass shelf 55.00
1 Solid Mahogany China Cabinet _ 85.00
35.00
20.00
35.00
40.00
50.00
Library, Parlor & Living Room Furniture
Was.
1 Genuine Leather Settee and ArmChairto match.$ 70.00
1 Golden Oak Davenport, genuine leather 55.00
1 Mahogany Veneer, Genuine Leather Davenport. 50.00
1 Solid Mahogany Green Denim Rocker 28.50
1 Genuine Leather Library Rocker 30.00
1 Green Denim Library Chair 21.00
Now.
$40.00
25.00
25.00
92.00
125.00
140.00
32.50
55.00
280.00
25.00
12.50
MARSHALL. MO.. Aug. 13.—In the I ^5
hope of checking the disastrous I 5
drouth that has done great damage in i ^
this section, prayers were not only
offered In all the churches here, but
citizens knelt in the streets and
prayed for rain.
Following 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.
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 ^ 12.50
Bedroom Furniture
Was.
1 Sheraton Mahogany Bed, full size $ 85.09
1 Toilet Table to match • 60.00
1 Odd Solid Mahogany Colonial Scroll Chiffonier. 110.00
1 Odd Circassian Walnut Dresser 31.50
1 Odd Circassian Walnut Toilet Table 36.50
1 Odd Cheval Mirror, Solid Mahogany, Colonial
Scroll 76.00
1 Solid Mahogany, Oval Mirror Chiffonier 45.00
1 Toilet Table, to match 80.00
1 Circassian Walnut Chiffohier 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 18-60
1 Bird’s-eye Maple Princess Dresser 27.50
110.00
25.00
40.00
200.00
16.50
7.75
7.75
Now.
$60.00
45.00
55.00
25.00
26.50
48.00
30.00
22.00
75.00
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
5.50
5.00
6.50
40.00
30.00
22.50
25.00
4.50
4.00
5.00
Turks Threaten New
War on Bulgarians 1
I
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 ?n Adrian-
■©pi, many Mussulman men and wo
men ure 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
$20.9T> round trip. On sale Au
gust 22, 23, 24. Proportionate
rates from other points. New
steel diners and sleepers. Through
trains.
Jaunty Hats for
Late Summer
. *
Soft white felt hats, with
hand and how of white rib
bon, heady to wear without
additional $1.98
trimming.
Untrimmod satin hats, in
black and white, are Parisi
an for mid-season wear.
They require simple trim
ming, so that the jaunty,
chic eifect will not be spoil
ed.
$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.
(Furniture—Fourth Floor)
Dame Fashion
Paid a Visit
and lef t some of her choicest
offerings
The new fall gowns are here!
They are more charming than
we were led to suppose, and
out rival all predecessors. The
materials are crepe de chine,
brocades and serges. Th«
are just where you
them—Fashion says there is
no defined waistline. Buttons
are prominent—mostly In
self-material The gowns all
display the latest collar ef
fects—V-necks and dainty
white ruchings, yokes and
Bhoulder collars. Skirts are
slightly draped, and many of
the sleeves are elbow length.
These—the newest and
most charming of gowns—are
priced from $23.60 to $45.
(Ready-to-Wear—Second Floor)
(T*
tions
J 'M
August Blanket and Bedding Sale offers redue-^
of from a fifth to a third.
(Main Floor, Left Aisle) J
M, RICH & BROS. CO.