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THE ATLANTA GEORGIAN AND NEWS.
STATEMENT BY FRANK
ILL BE TIE CLIMACTIC
FEATURE Of THE TRIAL
'CLUB OF TEMPORARY WIDOWS" GATHERS
EACH DAY TO GREET THEIR HUSBANDS ON JURY
By JAMES B. NEV1N.
The defense is* nearing 1 its end in
the Frank case.
A few more character witnesses—
thojre 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 its
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
Jury Monday or Tuesday—meaning by
* that that the argument should begin
then.
The State has been all along much
mors 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
k been particularly remarkable.
In the length of time required to
1 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 cour -
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 be called par
ticularly offensive, as those things go.
Innuendo Plays Large Part.
Aside from Conley’s direct state
ment's to unspeakable depravity
upon the part of Frank, the most thai^
has been saiu 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 testimor. 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 know
ing
1I1B 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 th*
case proceeded.
This circumstance has served to
emphasize the presence of the de
fendant's 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
eV 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 stkge of the trial has any
thing less than genuine sympathy
K one out to them from the crowds
constantly on hand to witness the
proceedings.
The elder Mrs. Frank was on Fri
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 case could not be mis-
taken. l
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—
but her calmness and deliberation on
the stand Friday showed that she ap
preciated the material value of the
evidence she was then giving, and
that it was necessary then that her
best and most discriminating intelli
gence be given full play, no less than
heretofore her heart had been.
I think the public now is looking
forward to the defendant’s statement
with far more interest than anything
else—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 tc
jay that Frank’s statement may make
or mar his case—it may clear him
entirely, for that thing has happened,
»nd many more limes tnan once—or
It may cut the other way. It certain
ly will be a dramatic utterance—
*hether the thrill of it be pronounced
or repressed.
It looks as if the defendant has said
about the last word that can be said
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
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 Is 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 td sum up the case, for the
beneflt and theoretical enlightment of
the jury, it will be found, 1 think,
that both the State and the defense
have made out cases 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 the witnesses under
the rule while the case 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 mus*
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 wily,
and the warm friends constantly >n
attendance upon him.
The spectators have been orderly,
even the hours observed by 'he (jour;
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 o‘f evidence supposed
ly unfavorable to the defense. It so
happens, however, that later he let in
another line supposedly as unfavor
able to thje 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 ~oint of view, in advane
of the verdict, I feel that he observa
tion is true—and v hatever the out
come of the trial. I for one shall njt
feel that the case has been unfairly
tried.
Judicial error may have crept In—It
certainly Is not for 1. 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 court
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 carefiii-
ly and discriminatingly every bit of
evidence as* it has fallen from the lips
of witnesses.
There is no Reason why any person
able to read the English language
should be unfamiliar with any detail
of the trial.
The newspapers certainly have done
their part in preading the story, as
told by each side, before the pub ic
from day to day.
The} 7 have
chosen
Mrs. W. M.
Jeffries
‘forewoman.”
Nearly half a hundred witnesses
testified in bel.t'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 'est 5 -
mony to that ^ hich she hoped woul l
save her son from the gallows.
Virtually all who were called were
character witnesses. Near the close
of the day Reubtn Arnold announced
that he proposed to call every wom-
a^n and girl employed on the fourth
floor of the pencil factory, as well ns
many from the other floors, to testify
to Frank’s conduct about the factory
and his attitude toward the girls Ip
his employ.
He called three before the close of
the day and explain ' to them in ad
vance that he was going to ask them
questions which he planned to direct
at every girl employe'' called. He
then asked them if they ever had had
any part in the gay parties that the
State aus 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 denieo
knowing of or participating in an>
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 obtains 1
to discredit the stone*- of some of tho
State’s witnesses charging that Frank
was in the habit of entertaining wom
en in his office.
Employees Show Loyalty.
The factory employees called Fri
day displayed the utmost loyalty to
their superintendent. They testifi?.i
as though they could believe nothins
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
have 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
always had known Frank as a
gentleman, and never had heard any
stories of immorality in regard to
him.
She said Xh at Conley’s character
was bad, and that he had a reputa
tion for being shiftless and dishonest.
Mrs. 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 Solicitor 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 befpre 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
salesmarf 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. be sure and cofne this after-
noon,” Frank replied, according to.
Gottheimer.
Interest was at, fever heat through
out the day because of the report thai
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 apked 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. Mrs.
Frank read the letter and identified it
as the one which had been read in her
presence April 28 in the Hotel :ic-
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 a no
killed.
The message was quite like any
letter that might be written in ordi
nary circumstances. The writing w is
regular and without any indications
that the writer was laboring under
mental excitement. In the course of
the letter the word “Yontif” occurrel,
which Mrs. Frank described as a pure
Hebrew word meaning holiday.
The letter follows:
“Atlanta, Ga., April 26. 1913.—Deir
, Uncle: I trust that this finds you and
HELEN WOODWARD, DAUGHTER OE JUROR.
John D. a Prodigal;
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.
dear auntie well after arriivng safeiy
in New York. I hope that you found
all the dear ones well i.i Brooklyn, !/->.. -p. • *
and I await a letter from you telling (tIVPQ! nPTTlP^ A WAV
me how you found things there. I.u-| UlvLO JjL/1 I lUO £1 W Cij
cile and 1 are well.
“It is too short a time t$ince you
left for anything startling to have de
veloped down here. The opera has
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 oach year, braved the
rather chilly weather to do honor to
their fallen comrades*.
“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
me in Frankfurt
“With much loye to y.qu both, !n
which Lucile 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 negro helper, de
clared he would not believe Conley
on oath. He said he often was at
the factor^y on Saturday afternoons
and tnat he never saw women in
Frank’s office.
Ray Bauer, a white youth, told of
Vi ait.9 to the factory oh Saturday af
ternoons. He declared -he always hail
found Frank there alone working on
the books, Iffi never saw any wo
men.
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 “The 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 to their temporary
widowhood by the trial of Leo M.
Frank. All are wives of Jurors in the
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 j dormant for
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 th6 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 jurorp.
There’s One Associate Member.
Several times another young woman
has been noticed on the edge of the j
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 j
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 j
he held at the members’ homes, and |
the regained husbands may be per
mitted to attend once in a w’hile.
MOTHER’S LOIIE
GIVES TRIAL ITS
GREAT SCENE
By L. F. WOODRUFF.
Every human emotion has been pa
raded during the long three wee^s of
the Frank trial
There has been pathos. Comedy has
opposed tragedy. Science has* met
sympathy. Truth has been arrayed
against fiction. Negro has conflicted
with white.
The erudite Arnold has matched
wits with the thick-lipped, thick-
skulled Conley. Luther Rosser, stern,
determined and skillful, has had
try to meet the machination* of a
brain of a cornfield negro, Newt Lea.
Hugh Dorsey, young- and deter
mined; Frank* Hooper, smiling and
ambitious, have breast to breast en
countered the battleax of Rosser and
the rapier of Arnold.
There remained but one thing—the
dramatic touch that sends the violins
trembllhg a high crescendo and the
hearts of the audience beating a long
roll in double time.
It was furnished during the pa*t
week,
The Mother’s Part.
It w’as furnished by the person that
a Belasco would have picked for th«
part. The touch was added by the
person,to whom the trial means more
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 young lawyer who is seeking
the accolade of the bar.
A cornfield “nigger” had told his
simple story. There was even the
air of minstrelsy 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 w’hich he spoke
words that helped the opposition in
its desire to fasten a rope around
his neck.
This same man had sat soolly when
another negro, a being of a different
type, had told a story as sinister as
Satan, as awful as the wrath of Jove.
He sat, and without noticeable change
of expression, heard this being ac
cuse him of a deed as dark as mur
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
back, the old saw declares.
The straw fell, and the camel’s back
caved as dynamite destroys.
But the break came unexpectedly.
Ashley Jones, an insurance man,
had told of Frank’s good character
on the witness stand.
He paused for cross-examination.
Solicitor General Dorsey asked him
if he knew of any acts of perversion
Frank had committed.
Then th e volcano that had been
irmant for ages became active.
Then the race that lias endured
martyrdom broke its silence. Then
the mother, who believes in her
heart that her boy could do no wrong,
spoke.
“He never heard such a thing, and
neither have you.” and her voice was
blazing when she spoke it.
Then the drama was furnished.
The audience rose from the seats.
Eyes were fixed. Breaths were short
ly drawn. Seconds seemed hours.
It had taken mother love, the ten-
derest of all passions, to furnish ths*
incident that had really stirred.
STARTS ON 2.000-MILE FLIGHT.
SDeclal Cable to The Atlanta Georgian.
SOUTHAMPTON, Aug. 16.—Avia- |
tor H. G. Hawker^started shortly be- I
fore noon ot-day on a 2,000-mile flight
around Great Britain.
Sterling Paint
A Practical Painter
A Perfect Job
A Pretty Itouse
A Pleased Owner
A Permanent Customer
(o)
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 r< duced round trip fa«*<*
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. J Peachtree street. Both
phone
Main 142
2 TRAINS DAILY
Lv,7:12AM.,5:10PM,