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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,