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f - j Wfp \ ' f ~ '■ ™ : r^irzai..:—-”TSg±r. THE ATLANTA GEORGIAN AND NEWS. (STATEMENT B¥ FRANK WILL BE THE FEATURE OF THE TRIAL By JAMES The defense is nearing: Its end In the Frank case. A few more character witnesses— there seems to have been no difficulty whatever in securing character wit nesses by the score to testify in be half of the defendant—the statement of Frank, and the defense will rest. The State will t n introduce Us witnesses in rebuttal of the defense’s character witnesses, and along other lines. Not improbably, the State will undertake to rebut in a measure the defendant's personal statement. The entire case should go to the fury Monday or Tuesday—meaning by that that the argument should begin then. The State has been all along much more sensational and spectacular than the defense. That generally is the way these cases go, and in respect of that, therefore, the F ik case has not been particularly remarkable. In the length of time required to develop fully both sides, however, the case Is in a class by itself, so far as Georgia Is concerned. The Frank case has been noticeable, too, because of the fact that women have been excluded from the^ court room practically from the beginning *of the trial—and yet in the main there . hasn’t been a great deal said in the ^courtroom that might he called par ticularly offensive, as those things go. Innuendo Plays Larcjw Part, f. Aside from Conley’s direc* state- Yfnent as to unspeakable depravity fIf upon the part of Frank, the most that * has been sale, by way of the very of fense has been said largely through suggestion and Innuendo. Unless the State comes forward in rebuttal with some direct allegations to bolster up Conley, the chances are that there will be no further ultra- sensational testlmor.; Introduced. *The constant dread has been pres ent in the mind of the court, however, that in this case there always Is the chance that something highly offen sive to sensitive ears may “break," and at any moment. The court has had no way of ltnow- ' ing what eithei direct or cross- examination might develop in a wit ness. and for that reason the presid ing judge has kept the courtroom clear of women and children as the case proceeded. This circumstance has served to emphasize the presence of the de fendanfs wife and mother, and ,o make them at all times conspicuous among the spectators—as they must ’ have been, in a large degree. In any Both of these women have faced the long and trying ordeal with remark able fortitude and patience, all things considered, and it probably Is true that at no stage of the trial has any thing less than genuine sympathy gone out to them from the crowds constantly on hand to witness the proceedings. The elder Mrs. Frank was on Frl- day a most Interesting witness. A day or so before she had—for the first and only time—lost control of her feelings in the courtroom and per mitted herself to say things to the Solicitor that she herself no doubt al most Instantly regretted. Mother a Dignified Figure. On Friday, however, when reading the somewhat remarkable and signifi cant letter of her son to his uncle, she was a most impressive and digni fied figure. I have no doubt what ever that her testimony had a fine ef fect upon the Jury. She is the de fendant’s mother—it is her son about whom all those horrible things have been said—and her deep concern and Interest In the ease could not be mis- 4 taken. Her heart is Involved necessarily as the heart of no-other one person possibly can be—no human being would expect less of her than that 1 tut her calmness and deliberation on the stand Friday showed that she ap- predated the material value of the evidence she was then giving, and i that it was necessary then that her best and most discriminating intelli gence be given full play, no less that, heretofore her heart had been. I think the public now is looking forward to the defendant’s statement with far more Interest than anything e l se unless It be to the forthcoming evidence of the more or less myste rious witnesses the State still has in reserve. Frank never has told his own story. He has maintained a reserved silence ever since he was arrested, and it will be particularly interesting to hear what the main actor in the drama has to say in his own behalf, after all else has been said on that side. It is by no means too much to lay that Frank’s statement may make or mar his case—It may clear him entirely, for that thing has happened, ind many more limes than once—or It may cut the other way. It certain ly will be a dramatic utterance— vhether the thrill of It he pronounced or repressed. It looks as if the defendant has said 1 about the la ft word that can be sakl in establishing his good character. Good character can be proved only in the way he has gone about it. If the State relies upon the de- 'CLUB OF TEMPORARY WIDOWS” GATHERS EACH DAY TO GREET THEIR HUSBANDS ON JURY B. NEVIN. fendant’s lack of character to hold together it3 other story—and that seems .to be the way the State is fighting its way along—it must break down the defandant’s exhibits com pletely, or the defendant’s showing Is bound to figure tremendously in shaping the verdict. Can the State do It? That is a question Atlantans and Georgians have asked themselves con tinually for the past week or ten days. It is the question they still are asking themselves*—and It is the question they will ask themselves un til It la answered. Upon the rebuttal of the Frank character witnesses much depends— and it has been promised, Inferential- ly, at least, that this rebuttal will be complete and final. It must be. If the State hopes to win out. There is nothing now that goes sc directly to the very core of the is sue between Leo Frank and the State of Georgia as the question of the de fendant’s possession or lack of char acter. When the attorneys pro and con come to sum up the case, for the benefit and theoretical enllghtment of the Jury, it will be found, I think, that both the State and the defense have made out castes remarkable in point of strength for and against the defendant. In other words. I mean It will be found that the State has made the very best of the material It had on hand by way of outlining and estab lishing the charge against Frank, the while the defense has been every bit as circumspect and astute in provid ing for the refutation of the charges. Trial a Fair Fight. Certainly the trial has been such a trial as men call fair. The case was not called until both sides had had ample time to prepare for it, and until both sides announced ready. The State and the defense each Is supplied with as able and Intelligent counsel as might be secured, there has been no limit whatever upon the time taken up, court officials have left nothing undone to have the witnesses both ways on hand at the moments wanted, and th© witnesses under the rule while the ca»e has proceeded, have been handled as they should be. Judge Roan, occupying not only a most responsible position, but cer tainly a most trying one, has borne himself with a degree of official dig nity and fair-mindedness that must commend him very highly to the public. The jury has been taken care of like real human beings—nothing has been left undone for Its comfort. Consideration has been shown the defedant, the members of his ' .nily, and the warm friends constantly in attendance upon him. The spectators have been orderly, even the hours observed by *he court have been adjusted to the accommo dation of the lawyers, the defendant, and the jury. So far as human ingenuity and law can make it so, therefore, the trial of Leo Frank has been fair, I think—as fair as could be asked. And when I say that I mean fair to both the de fense and the State. The presiding judge let in one big, significant line of evidence supposed ly unfavorable to the defense. It so happens, however, that later he let in another line supposedly as unfavor able to the State. An Even Brea There was no possible connection, reaily, between those two things, of course, for the judge did exactly the thing he thought was right in both instances. It merely is a fact that his two biggest rulings cut evenly be tween the State and the accused—and to that extent is noticeable, in that it makes an even break. I make the foregoing observation now because, looking at the case from the present ~olnt of view, in advance of the verdict, I feel that he observa tion is true—and whatever the out come of the trial, I for one shall n.>t feel that the case has been unfairly tried. Judicial error may have crept in—it certainly is not for L ymen to say as to that. It perhaps is not right and proper even to speculate upon such a thing. Whatever judicial error has crept in, however*, if any has, It may be cor rected upon review before a couit higher up. Either that or the error will redound to the defendant’s bene fit—for once acquitted, he never can be tried again for the murder of Mary Phagan. There is on advantage that has come of the long drawn out battle, perhaps, and that is In the time it has given the public to weigh careful ly and discriminatingly every bit of evidence as it has fallen from the lips of witnesses. There is no reassn why any person a»ble to read- the English language should be unfamiliar with any detail of the triai. The newspapers certainly have done their part In preading the story, is told by each side, before the pub ic from day to day. They have chosen Mrs. W. M. Jeffries “forewoman.” MOTHER'S LOVE GIVES TRIAL ITS By L. F. WOODRUFF Every human emotion has been pa raded during the long three weeks of the Frank trial, There has be?** pathos. Comedy has opposed tragedy. Science has met sympathy. Truth has been arrayed against fiction. Negro has conflicted with white. The erudite wits with the skulled Conley, determined and Arnold has matched thick-lipped, thick- Luther Rosser, stern, skillful, has had t# iNf TESTIFY TO > <m Nearly half a hundred witnesses testified In bel.e’f of Leo M. Frank Friday. As a climax to the day’s pro ceedings in Judge Roan’s court the defendant’s mother, Mrs. Rae Frank, went on the stand to add her ‘estl- mony to that ---hich she hoped wou‘1 save her son from the gallows. Virtually all who w$re called were character witnesses. Near the clos? of the day Reubin Arnold announced that he proposed to call every wom an and girl employed on the fourth floor of the pencil factory, as well as many from the other floors, to testify to Frank’s conduct about the factory and his attitude toward the girls, in his employ. He called three before the close of the day and explain Z to them in ad vance that he was going to ask them questions which he planned to direct at every girl employe 0 called. He then asked them if t’ey ever had had any part in the gay parties that the State uas said took place in Frank's office either during or after factory hours. He asked them if they ever had drunk beer in Frank’s office or ever were there for a questionable purpose. All of the witnesses denied knowing of or participating in anj such parties. Frank’s lawyer said that he would continue this line of questioning with all of the women he called from the factory. The testimony was obtainei to discredit the storiec of some of the State’s witnesses charging that Frank w as in the habit of entertaining wom en in his office. Employees Show Loyalty. The factory employees called Fri day displayed the utmost loyalty tj their superintendent. They testified as though they could believe nothing wrong of Frank and appeared ihdig- nant at the suggestions of immorality made by Solicitor Dorsey. When the day closed there were still many witnesses to be heard. It was problematical if the defense would finish during the day. The statement of Frank was being re served until the last moment before the defense rested its case. His at torneys announced that they did not know themselves whether it would be a formal written statement or whether Frank would make it in formally from notes he had taken before and during the trial. The first move by the State in re buttal is awaited with the keenest Interest. It generally is conceded that Solicitor Dorsey will occupy the major part of his time in attacking the character of the young factory superintendent. He is said to be willing to let the main theory of the crime, as suggested by the defense, go practically unassailed except by the testimony already given by his witnesses, Jim Conley principal among them. Girl to Assail Frank. Dewey Hewell, a 16-year-old girl, recently sent from Atlanta to the Home of the Good* Shepherd in Cin cinnati, was returned to this city Friday for the express purpose of testifying against Frank. She was brought back under the Solicitor’s directions, and is reported by persons connected with the prosecution to hav e testimony extremely damaging to Frank’s moral character. Many of Friday’s witnesses who testified to the excellence of Frank’s character, testified at the same time to the worthlessness of Conley’s. Miss Dora Small, a machine opera tor on the fourth floor, swore that she always had known Frank as a gentleman, and never had heard any MRS. M. F. WOODWARD. —*e \ ■. . * 1 " v ' * : . stories of immorality in regard to him. She said that Conley’s character was bad, and that he had a reputa tion for being shiftless and dishonest. Mr9. E. H. Carson, mother of Miss Rebecca Carson, another of the wit nesses, declared that Conley acted suspiciously after the crime. Says Conley Cringed. Miss Mary Pirk said that she had accused Conley of the murder and that the negro slunk out of her sight and had not appeared around her again during the day. She was asked by the Solicftor if she ever had seen Frank struggling with Mary Phagan or ever had noticed Frank'taking her to one side to talk with her during the weeks Immediately preceding the tragedy. She replied she had not. The So licitor pressed this question, demand ing if it was not true that Frank, about two weeks before the Phagan girl was murdered, had taken her to one side of the room and caught hold of her when she tried to get back to her work. Miss Julia Fuss testified that Con ley had said Frank was ‘‘as innocent as the angels in heaven.” Harry" Gottheimer, a traveling salesman for Montag Bros, and the National Pencil Company, testified that he had an engagement with Frank for Saturday afternoon. Miss Hattie Hall, stenographer, swore two days previously that Frank tried to persuade her to work at the pencil factory during the afternoon. Combats Premeditation Theory. These two witnesses were produced by the defense to combat the State’s announced theory that Frank delib erately planned on Friday, the day before the crime, the attack which the State says he made on Saturday. Gottheimer testified that Frank asked him to come over to the fac tory during the day. “I’m not sure that I can get over this forenoon,” Gottheimer said he told Frank. “Well, if you can’t come this fore noon, he sure and come this after noon,’’ Frank replied, according to Gottheimer. Interest was at fever hea't through out the day because of the report that Frank was about to make his state ment. It increased when Mrs. Rae Frank, mother of the defendant, was called to the stand late in the afternoon. She was asked by Attorney Rosser to identify a letter said to have been written by Frank the afternoon of April 26 to his uncle, M. Frank, who was In New York at the time. Mr*. Frank read the letter and identified it as the one which had been road in her presence April 28 in the Hotel Lie- Alpin, New York. Letter to Show Frank Calm. The letter was another of the pieces of evidence submitted by the defense in an effort to show Frank’s mental and nervous condition Saturday after noon after the time the State claims Mary Phagan was attacked and killed. The message was quite like any letter that might be written in ordi nary circumstances. The writing was regular and without any Indications that the writer was laboring under mental excitement. Tn the course of the letter the word “Yontift” occurred, which Mrs. Frank described as a pure Hebrew word meaning holiday. The letter follows: Atlanta, Ga., April 26. 1913.—De ir Uncle: I trust that this finds you anJ MRS. F. V. L. SMITH. There Are Eleven Full-Fledged Members and “Associate” Mem ber, Who Waves at Bachelor. HELEN WOODWARD, DAUGHTER OF JUROR. dear auntie well after arriivng safely in New York. I hope that you found all the dear ones well i.i Brooklyn, and I await a letter from you telling me how you found things there. Lu- cile and I are well. “It is too short a time since you left for anything startling to have de veloped down here. Tho opera haa Atlanta in its grip, but that ends to day. I’ve heard a rumor that opera will not be given again in a hurry here. To-day was Yontif (holiday) here, and the thin gray line of vet erans. smaller.each year, braved th° rather chilly weather to do honor to their fallen comrade*. “Inclosed you will find last week’s report. The shipments still keep up well, though the result is not what one would wish. There is nothing new in the factory, etc., to report. In closed please find the price list you desired. “The next letter from me you should get on board ship. After that I will write to the address* you gave mo in Frankfurt. “With much love to you both, in which Luclle Joins me. I am, your affectionate nephew, “LEO M. FRANK.” Negro Drayman Denies Seeing Conley Four negro witnesses were called during the day. one of them? Tru man McCreary, a drayman, testified he never saw Conley watching at the factory door as Conley testified it was his frequent custom to do. Walter Pride, a flegro helper, de clared he would not believe Conley on oath. He Raid he often was at the factory on Saturday afternoons and tn.it he never saw women in Frank’s office. Ray Bauer, a white youth, told of visits to the factory on Saturday af ternoons. He declared he always had found Frank there alone working on the books. He never aaw any wo men. V* I ^ John D. a Prodigal; Gives Berries Away NEW YORK, Aug. 16.—The har vest of crabs and blackberries at Tarry town this year beats all records. Thousands of crabs are being caught in the Hudson daily. One man caught 150 In two hours. Blackberries are so plentiful that half of the boys of the village are picking them. The favorite and best field is on John D. Rockefeller’s es tate. Mr. Rockefeller has not Inter fered with the picking, and it is es timated that 300 quarts are picked from his bushes daily. Old Sol, as Barber, Singes Lem’s Beard MIDDLETOWN, OHIO, Aug. 16.— Lem Buhler got In the way of a sun beam reflected through a prism glass here, and it set fire to his whiskers. He may lose one eye. Atlanta has a brand new club. It is called “Th© Club of Temporary Widows.’’ Its membership, as its name indi cates, is made up entirely of women. There are Just eleven of them. All were brought t© their temporary widowhood by the trial of Leo M. Frank. All are wives of Jurors in th© great murder case, or, at least, they were before* the trial began. All are thoroughly tired of the tedious pro cesses of the law which have kept them in their somber weeds for- three long weeks. Mrs. Jeffries, “widow” of W. M. Jeffries, a real estate man, who is serving on the Frank Jury, has been elected the “forewoman.” They do not have a president in the Club of the Temporary Widows. They Meet Every Day. Every night the eleven widows may be seen at Alabama and South Pryor streets as the Jurors file by under as close a guard as though they were prisoners, and very dangerous pris oners at that. They are privileged only to wave their handkerchiefs—the young bride of the club throws kisses—as the men go by on their way to the Kim ball House for the night. This same young bride—or young widow—rush ed up to the line the first day of the trial and tried to speak to the hus band of whom she had been bereft. A stern look from one of the depu ties repulsed her. Softening, the of ficer explained that it would be worth as much as his job if he should let her or any of the widows say Just one little word to one of those Jurors. There’s One Associate Member. Several times another young woman has been noticed on the edge of the little group making up the widows’ club. She has had eyes only for the bachelor of the jury. He has had eyes only for her. It is said that she is to be taken into associate mem bership in the club. Report also has it that she will qualify for full mem bership soon after the trial. None of the Widows knew each other before the trial began. Now a number of strong friendships have been formed. In addition to the daily gatherings at Alabama and South Pryor streets, meetings are to be held each week during the life of the club, which its members hope to per petuate for years. The meetings will be held at the members’ homes, and the regained husbands may be per mitted to attend once in a while. try to meet the machinations of a brain of a cornfield negro, Newt Lea. Hugh Dorsey, young and deter mined; Frank Hooper, smiling and ambitious, have breast to breaat en countered the battleax of Roaser and the rapier of Arnold. There remained but one thing—the dramatic touch that sends the violin* trembling a high crescendo and tho hearts of the audience beating a long roll in double time. It was furnished during tho pa*t week. Th« Mother 1 * Part. It was furnished by the person that a Belasco would have picked for tha part. The touch was added by the person to whom the trial mean* mo*© than a seat in high heaven—a woman whose son is on trial for his life. The stage had been appropriately set for the dramatic effect. The au dience had a man of unquestioned wealth back of him, with a little girl of the common masses of the common people called the victim of his de generate lust Atlanta’s most noted criminal law yers confronted a young prosecutor and a youn# lawyer who is seeking the accolade Ot the bar. A cornfield “nigger” had told his simple atory. There was even the air of minstreli in his testimony, though It was as >black as the charge against the man who looked on him calmly and unafraid during the min utes and hours in which he spoke words that helped the opposition in its desire to fasten a rope around his neck. This same man had sat ipolly when another negro, a being of a different type, had told a story as sinster as Satan, as awful as the wrath olJove. He sat, and without noticeable caangj of expression, heard this bei cuse him of a deed as dark as der. And all through this ordeal a wom an had sat near the. accused man. Her eyes had faced his accusers. They had faced them boldly. Her bearing was remarkable. The Last Straw. But a straw will break a camel’s bank, the old saw declares. The straw fell, and (Jie camel’s back caved as dynamite destroys. But th e break came unexpectedly, 5 Ashley Jones, an Insurance man, had told of Frank’s good characte: on the witness stand. J He paused for cross-examlnatior Solicitor General Dorsey asked hi? if he knew of any acts of perversk Frank had committed. Then th e volcano that had her dormant for ages became actl% Then the race that has endun martyrdom broke its silence. Their the mother, who believes in he* heart that her boy could do no wrong, spoke. “He never heard such a thing, and neither have you.” and her voice waa blazing when she spoke it. Then the drama was furnished. The audience rose from the seata Eyes were fixed. Breaths were short# ly drawn. Seconds seemed hours. I It had taken mother love, the ter*- derest of all passions, to furnish thj* incident that had really stirred. 7 1 V STARTS ON 2,000-MILE FLIGHT. Special Cable to The Atlanta Georgian. SOUTHAMPTON, Aug. 16.—Avia- | tor H. G. Hawker^started shortly be fore noon ot-day on a 2,000-mile flight around Great Britain. Sterling Paint A Practical Painter A Perfect Job A Pretty House A Pleased Owner A Permanent Customer l(oj Remember “It’s Cheaper to Paint Than Not to Paint.” Phones: Main 1115; Atl. 329. DOZIER & GAY PAINT CO. 31 South Broad Street CINCINNATI, OHIO. The Southern Railway an nounces reduced round trip fare of $15.00 from Atlanta to Cincin nati. Ohio; tickets on sale August 22. 23 and 25. good for return un til September 1. City Ticket Of fice. No. l Peachtree street. Both phones Main 142. ETROIT 2 TRAINS DAILY LT,7:12AM.,5aQM \LUN