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THE ATLANTA GEORGIAN AND NEWS. T ‘THEY SAY’ WONT HURT LEO FRANK, STATE r MISS 0. VICKERY. MISS L. HAYES. These young women have been summoned as witnesses. By JAMES 3. NEVTN. There is nothing apparently so plain to outside observation as character— Just character—and there is, strange to say, nothing so difficult at times to prove. "They say” and “but" are the two most notorious scandalmongers in the universe—"they say” so and so; and he or she is all right, "but!” Character, upon which so much de pends in this world, upon which civ ilization itself and decency and right Is founded, is, nevertheless, the most elusive of all things when it comes \ right down to brass tacks of proving V Jt beyond the shadow of a doubt. Human nature, too, for some cu rious and vague reason, seems rather to relish the downfall of character and the undermining of reputation— and that, moreover, the while it is ve- hemently and rather piously assuring f itself that it does nothing of the kind! Kind words travel on leaden feet— gossip gallops in seven-league boots! Pessimist? Not at all—Just truthlmist, that’s all! You stop me to tell me that Jones Is the best man you ever knew, that his wife loves him immensely and that his children and all the neigh bors’ children fairly dote upon him, and I am mildly, but not rampantly Interested. I am a pretty good fel low' myself, you know, and so are ybu —who are telling me about Jones— and while I am glad that Jones Is a fine fellow—like I am and like you are—I can not see why I should throw any fits about it. And I—being the average sort of fellow', really—proceed not to throw any fits whatever in re the good Jones. BUT Scandal? That's Different. You stop me and tell me Jones is a grafter, despite his churchgoing pro clivities, and that, besides, he turns Jack habitually from the bottom of the deck—and up go my hands in holy horror! Sakes alive! I always DID think there was SOMETHING out of ■whack with Jones—and so forth and •o on! And you can bet your sweet life I stop to listen w'hile you unwind all •‘they say” of Jones, and how he’s a good fellow, "but!” ’ If Jones is pulling his freight up- ( hill, Jones interests me indifferently in a way—but if Jones and his freight are Involuntarily on the toboggan, it’s me to stand along the edge of the slideway and watch the fun and make note of the wreckage at the bottom! I feel sorry for Jones—just as I used to feel sorry always for the teacher beneath whom I had dex terously set up a pin, when said teacher innocently sat down upon it. And after Jones has gone to smash down the old toboggan, I may expe rience an attack of sorrow’ for Jones, and next Sunday when I go to church it may so happen that I even pray for Jones—after I have prayed care fully for myself! Now' these broken observations are not altruistic, of course—they may be out of order, and all that. Preface to Character Sketch. They are submitted merely by way of prefacing the citation just here of an ancient quatr..n running thus- wise: "There's so much good in the worst of us, And so much had in the best of us, (I That it hardlft behooves ring of us To talk about the rest of us." Now, then, having brought ourselves to the point where we can give even such persons as Frank and Conley the benefit of the doubt in an argu ment adverse to the character of either—you know, good and well, gen tle reader, we always hand ourselves ALL the doubts, and some!—let us proceed in order to a consideration of the status of the Frank case involved in the character or lack of character In the defendant Contemplating the matter of Frank’s character as a thing apart from the murder charge against him, the attack upon it thus far dwells within Conley, and Conley’s isolated word. Conley’s charge against Leo Frank has not been corroborated by one Wit ness worthy of belief—and it has no-, been corroborated even by that one «n anything save relatively inconsequen tial detail. One just as w'ell believe what "th?y fay” and ask no questions, as to be lieve anything such persons as Dalton #ay—and probably better. I am sure I do not know whether Frank’s character is good or bad. In respect of a conclusion either way. I «m "from Missouri.” My mind is entirely open as to that and I hope to keep it so until the last precinct has been heard from. Issues Challenge to State. I hope I shall know the TRUTH of the matter eventually—I should like to know, beyond a reasonable doubt. The defense has put Frank's char acter In issue. It thereby challenges the State to break it down, if the State can. If the State can break it down, it should proceed to the breaking with all the vigor it fairly and honorably can command. If Frank is a wolf in sheep’s clothing, the public is entitled to know' it, and it Is the duty of the Solicitor General to make it known, if he can. A wolf in sheep’s clothing is a high ly undesirable and dangerous thing to have at large in any peaceful, orderly and law-abiding community. Far from quarreling with the Solici tor General for showing that Frank is a depraved character, I for one shall thank him if he make* hi* charge un mistakably plain. Maybe he can make It plain, and maybe he can not. Ha hasn’t had his opportunity yet, and I am willing to be patient a* he goes forward. The defense Is seeking to establish Frank'* good character by the testi mony of many admittedly good citi zens. To the best of their knowledge and belief these good people are speaking the truth, the whole truen nothing but the truth. Hard to Back Up “the Daltons.” People generally will -o inclined to accept their statements as conclu sive, unless the evidence combating the same is overwhelming. It isn’t going to do, I think, for the State to bring more Daltons into the case for the purpose of corroborat ing Conley. Th e trouble about the Daltons as corroborator* is >that one never can find anybody to corrobo rate the Daltons—as sadly in need of corroborating, apparently, as even the Conleys. Frank, by putting his character in evidence, has gained some ground in public estimation, I believe. At least, this action seems to show that he is willing to risk his all on the conten tion that the State can find nothing vile in him, save in 60 far as the word of Conley can establish such an alle gation. Conley is not to be corroborated by innuendo, by suggestion, or by roundabout methods. He must be corroborated by people of some degree of decency and stand ing themselves, or not very many people will take unquestioned the sinister charge of the negro. One Good Witness a Peril. If the State comes forward, after Frank has made his showing as to good character, with a number of witnesses that the defense is able to impeach beyond question, as fa*t as they are introduced, I do not believe Frank will suffer irreparable injury from the Conley charge, in the long run. On the contrary, if the State comes forward with even so few as one rep utable and believable witness as to Frank’s evil character, there w r ill re main in the minds of the jury, I sus pect. an impression most dangerously unfavorable to the defenda nt. One honorable and upright witness against Frank in the matter of his character can do him far greater harm than a hundred impeachable witnesses. The State, having been confronted with the issue of Frank’s character | —challenged in the gate, so to speak —must make brave, categorial, and complete answer, or the State's case necessarily will be weakened marked ly and, perhaps, fatally. I believe the public, however prone to rush to conclusions primarily, and to mafte up it* mind upon surface indications all too readily at times, nevertheless is fair and Just in the end. I think it likely there are few ex tremists either way—for or against Frank—who really wish to see him convicted or acquitted, regardless. I think it is altogether likely, in deed, that hundreds of people, even inclined to side against Frank now, w'ill gather a measure of satisfaction eventually, if he comes through the fire unscorched. Iran Changing Fashions Provide Shad- own Gowns Minus View and Regulated Slits. Jumping at Conclusions. So the reader will observe that the things I said in the beginning of this article, like Bill Nye’s definition of classical music, are not so bad as they sound. They referred merely to the forming of opinion upon incom pleted and disconnected evidence, brought to light one way or another in the very beginning of shocking stories. Evil is. and alw'ays has been, in a w’ay more entertaining to man than goodness—otherwise, Mother Eve never would have bitten the apple, and bo on. The defense ha* thrown a mighty challenge to the State in tendering Leo Frank's character a* an issue— particularly in that the defense alone Could do that. Unless the State meets that issue fairly and squarely, candidly and without quibble or faltering, Frank must profit immensely by the move. If, on the other hand, the 8tate does meet the issue successfully and completely, Frank’s case is undone, and Frank is lost. TESTIMONY IF EIILS HELP TO LEO M. FRANK In the presentation of its alibi for Leo M. Frank, the defense probably accomplished more Thursday than it had in all of previous time since the prosecution rested ■ its case. Frank’s law’yers had promised that they would show» w’here Frank Was practi cally every minute on the day the murder of little Mar)- Phagan was committed and would demonstrate that It would have been impossible to carry out the disposal of the slain girl's body and the writing of the notes as the negro, Jim Conley, de scribed them. If their alibi witnesses are to be believed, the lawyers appear to have fairly well accomplished this. On the credibility of one young witness, pretty Helen Curran, of No. 160 Ash by street, the whole alibi may stand or fall. She could, of course, be proved mistaken in her statement- that she saw’ Frank at 1:10 o’clock standing at Jacobs’ Pharmacy, White hall and Alabama streets, awaiting a car home from the factory on the aft ernoon of the murder, and the re mainder of the alibi witnesses remain unimpeached, but it would serve to weaken the alibi materially. Apparently Disinterested. She Is at once the most important and the most disinterested of the witnesses who have testified to seeing Frank immediately after the State says the crime was committed. If Frank was at Whitehall and Alabama streets at 1:10 o’clock, It would have been almost beyond human possibil ity for him to have taken part in the disposal of the girl’s body, which Conley said was undertaken at 12:56 and finished about 1:30, together with the writing of the notes In Frank’* office. Frank’s father-in-law and mother- in-law testified that he arrived home that day about 1:20 o'clock, but their testimony, because they are most vi tally interested in the outcome of the case from their ties of relationship, will in all probability have far lei* weight with the jurors than the ap parently straightforward statement of the girl. The establishing of the alibi for Frank, which was begun esrlv in the week through the testimony of Mr. and Mrs. Emil Selig, was practically completed Thursday, although there w’ere several more witnesses to be called on Friday who had seen him the day of the crime. Times in the Alibi. Thursday’s testimony began with the time he went to Montag Bros. Nelson and Forsyth streets, Saturday forenoon. Sig Montag, one of the firm and also treasurer of the Nation al Pencil Company, testified that Frank came to his plant about 10 o’clock and left about 11. Miss Corinthia Hall, Mrs. Emma Freeman, Ml** Hattie Hall, Alonzo Mann and others had testified to see ing him in the factory between 11 o’clock and noon. Lemmie Quinn, metal department foreman, the day before declared that he visited Frank in his office at 12:20 o’clock. Mrs. Arthur White, a witness for the State, saw him in his office at 12:30. He jvent to the fourth floor at 12:50, ac MRS. J. W. WARDLAW. cording to Mrs. White, Harry Den ham and Arthur White. This brought the defense down, to the time someone saw him after he left the factory. Miss Curran was called to the stand and declared she saw the fac tory superintendent at 1:10 at White hall and Alabama streets apparently waiting for a street car. This made an interval of but eighteen minutes from the time he was seen by the three persons on the fourth floor of the factory, allowing two minutes for him to walk to his car, and an inter val of but twelve minutes from the time that Conley said they started to carry the body to the basement. Eight of the twelve minutes were spent by Conley in a closet in Frank’s office, according to the negro’s testi mony. Of the remaining four, part were occupied in disposing of the body and part in writing the notes. Witness Who Helped Build Alibi. Mrs. Albert P. Levy, No. 69 East Georgia avenue, swore she saw Frank get off a car at about 1:20 o’clock and walk to the Selig home, No. 68 East Georgia avenue. Mr. and Mrs. Selig already had tes tified he arrived home at 1:20 and ate luncheon. Mrs. M. G. Michael, of Athens, Ga., said she saw’ Frank at about 2 o’clock at thp home of Mrs. C. Wolfsheimer, No. 387 Washington street, where she was visiting. She said he walked on to Glenn street and caught his car for town. Jerome Michael, son of the former witness, saw Frank at the sam e time. Mrs. Wolfsheimer was another wit ness who saw Frank Just before he caught his car. She said he was not nervous and bore no scratches or other marks. Julian Loeb, No. 380 Washington street, said that from across the st *t he saw Frank stop at No. 387 Wi n- ington and then go on to his can j. C. Loeb, No. 445 Washington street, testified that he caught the Washington street car for town at Georgia avenue at about 2 o’clock. Frank got on, he said, at Glenn street. The car was stalled near the Capitol, and Frank, according to Loeb, got off the car and walked down Hun ter street toward town. Miss Rebecca Carson, a forelady on the fourth floor at the pencil factory, told the Jury that, she saw Frank In front of Rich. Bros, between 2:20 and 2:25 and that she saw him going into Jacobs’ Pharmacy at about 2:50. Harry Denham, who was In the fac tory the day of the murder, testified that Frank came to the fourth fioor about 3 O'clock and told him and Ar thur White they could leave. Emil Selig and Minola McKnight had testified previously that Frank came home Saturday night about 6.30. Mrs. M. Marcus, Mrs. A. E. Marcus, M. J. Goldstein and others told of seeing Frank at home Saturday even ing. They said there was nothing un usual in his demeanor and that he bore no scratches or marks of any sort. He was reading a magazine, they said, and laughed heartily over a story in regard to a baseball umpire. They testified that he retired about 1:30 o’clock. The defense also made good its promise that it would not hesitate to put Frank’s character in issue. Fol lowing its action of the day before, when the first of the character wit nesses were put on the stand, nearly a score of Frank's acquaintances, some of them his classmates and in- ■ structors at Pratt Institute and Cor nell University, were called to testify to Frank’s good character. These witnesses for the most pa”t were excused without cross-examina tion. Prominent citizens of Atlanta also declared Frank to be of good character. Among these witnesses were Rabbi David Marx, V. H. Krieg- shaber, Milton Klein and R. A. Sohn. A peculiar situation arose through the calling of Max F. Goldstein and Arthur Heyman as character wit nesses by the defense. Goldstein is a law partner of Frank A. Hooper and Heyman of Solicitor Dorsey, the two attorneys who are prosecuting Frank. Says Conley Told Her He Was Drunk One of the startling statements of the day came from Mis* Rebecca Car- son. She declared Conley had sworn to her that he was not in the factory the day of the murder—In fact, tint he wa* so drunk he did not know where he was or what he did. Solicitor Dorsey obtained an admis sion from J. R. Leach that cars fre quently run ahead of time >n practi cally all line*. This serves to lessen in value the testimony of the crew of the car on which Mary Phagan came to town. They swore they never ran ahead of time and that the Phagan girl could not have arrived In town before 12:07 o’clock the day she was slain. Judge Roap threatened Thursday afternoon to >lear the courtroom <t disorder did not ceaae. V. H. Krieg- shaber wa* on the stand testifying *> the character of Frank when laughter at some of the te'timonv disturbed the courtroom. Attorney Arnold protested. "This is not a side show,’’ he said. "Must we put up with such disorder?” "Find the man that laughed and put him out* ordered the Judge. "If there i* any further disorder, no one will be admitted to the trial to-morrow.” Father and Son in Fatal Duel for Girl Special Cable to The Atlanta Georgian. PARIS. Aug. 15.—A fatal duel b^- twen a father and son named Blan chard, living near Aubusson, began in rivalry for the heart of a pretty farmhand. The son. Jean Lelong. was Jealous of his father, who had won the girl’s affection, so tire two men agreed to fight. Six revolver shots were exchanged without result. They resumed the fip-M with kitchen knives, while tjie girl watched the duel without Inter fering. The father received terrible wounds dying soon afterward. LOOK FOR GOOD CROPS. VIDA LI A. GA.. Aug. 15.—Expecting a yield for Toombs County of double Last year’s, the compress has In creased its platform spare and track age. Ginning began Tuesday with four bales. Cost of Living Up in Britain 14 Per Cent Special Cable to The Atlanta Georgian. LONDON, Aug. 15.—Striking fig ures showing the increased cost of living are contained in a voluminous report Issued by the British Board of Trade, according to which present prices are the highest in 25 years. Retail prices of food have riser. 14 per cent since 1900, while wages have increased only 3 per cent.* Child Physical Marvel In Feat of Swimming PHILADELPHIA. Aug. 16.—Flor ence McLaughlin, who is 4 feet 3 inches in height, weighs 68 pounds and will not be ten years old until August 19. swam five miles practically In still water, in 3 hours. 3 minutes and 22 seconds. CHIQAGO, Aug. 15.—Hamlet with out Hamlet, or you can have your cake and eat it, will be the motif of raadame’s garb next fall. , There will be slits without any opening, shadow skirts without any view. It will be a season of compromises. These things are all evident at the annual style review of the Chicago Garment Manufacturer^ Association, which formally opened to-night in Orchestra Hall. And the decrees are authoritative, for it is the assertion of the Chicago garment manufactur ers that the fashions for a majority of American women are created in this city. Skirts w’ill be Just as tight and just as thin and Juat as slit. It is only that they won’t look that way. The sensible American woman, according to one leading designer, wants the graceful, smart efTect of the narrow, slit skirt, but »he wants it less sen sational. Tha I - Don’t - See-You Gown. For which reason ingenious design ers have advised a gown with rows of ruffles or flounces running around the bottom. The skirt is slit and of the transparent texture that the dictates of fashion demand, but the thick cir cles of flouncing fill up the gap and make the whole thing as impregnable to vision as a Chines* wall. Smart ness—and modesty. What more will any woman ask? Beyond this, there won’t be much change. The narrow skirt with straight lines will prevail. There will be much more fullness around the hips, however, and skirts will be somewhat longer. Draping? also will be popular. Freedom is allow’ed in the choice of colors, and no one shade will be much more popular than any other. If there Is any preference it is in va rious shades of green. The same free dom is noticed in materials. If there la any preference in the latter it Is toward sobriety, the Bulgarian? being somewhat more subdued and th- combinations of cloth less hectic. Among the novelties Is w’hat is called a tango skirt. This is built along the architectural Lines of a coat skirt—that la. it button? around in stead of going on over the head. It has the advantage of providing an elastic slit, a sliding scale or frank ness The wearer can leave as many of the low’er buttons unbuttoned as she chooses. Vincent Astor Heads Fire Protection Body POUOHKEEPSIE, Aug. 1«—Vin cent Asrtor is leading a movement of wealthy residents of Rhinebeck and vicinity to buy fire apparatus to check fires on their estates, which have re cently caused heavy damage and which are laid to a firebug. A Poughkeepsie fire auto is to be sent to Mr. AstbJ's estate, Fern- cllfre, for a demonstfatton, and simi lar machines, combining chemical en gine and hose wagon, may be main tained by the Rhinhbeck millionaires. 25% Discount on Rubber Hose Keep your grass green. Now is the best time to get your lawn in condition to withstand the rigors of the winter months. We are offering genuine reductions on plain, molded, weatherproof and wire-wrapped hose. We guarantee ev ery foot of it. Here are a few prices: Red Rubber Hose (V2 inch) 15c foot, now 11/4c Red Rubber Hose (% inch) 16c foot, now •. . 12c Molded Hose (V2 inch) 20c foot, now 15c Molded Hose ( 3 '» inch) 22c foot, now • 16%c Red Weatherproof Hose ( :v < inch) 22c foot, now I6V2C Wire-Wrapped Hose, 25c foot, now 18%c Molded and Weatherproof H »se come in reels. We can furnish any length. Other hose in 25 and 50-foot sections only. $3.75 Porch Swings $1.98 HAVE YOU HEARD THE KENYON QUARTET AT BONITA THEATER? Encore after encore greets the Kenyon Quartet at each ap pearance at the Bonita Theater and they respond, too. This is one of the best bunch of singers heard in Atlanta for some time, and the patrons of the Bonita ap preciate them. The vaudeville bill put on la?t Monday proved a decided success from the first appearance. and the remilt has been capacity houses. Staunch and comfortable porch swings made of solid oak. Chains of heavy linked steel. Put up on your porch bv our man 50c extra. KING HARDWARE CO. 53 Peachtree Street. 87 Whitehall Street.