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TTTE ATLANTA GEORGIAN AND NEWS.
STATEMENT BY FRANK
WILL BE THE CLIMACTIC
^FEATURE OF THE TRIAL
By JAMES B. NEVIN.
In
Ity
LpThe defense is nearing Us end
ibe Frank ease.
:8 a few more character witnesses-
there seems to have been no dlfficul
whatever in securing character wit
qesses by the score to testify In be
half of the defendant—the statement
df 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.
‘8 The entire case should go to the
Jury Monday or Tuesday—meaning by
• that that the argument should begin
Ihen.
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
I (hat, therefore, the F, nk case has hot
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 oour'-
*Toom practically from the beginning
of the trial—and yet in the main there
Hiasn't been a great deal said in the
'^courtroom that might be called par-
SSicularly offensive, as those things go.
Innuendo Plays Laroe Part.
I Aside from Conley’s direct state-
Jlment as to unspeakable depravity
*<! upon the part of Frank, the most that
|§ has been saiu by way of the very of-
:J| fense has been said largely through
suggestion and Innuendo.
Unless the State comes forward in
m rebuttal with some direct allegations
if to bolster up Conley, the chances are
| that there will be no further ultra-
•ij sensational testimony introduced.
The constant dread has been pres-
■ ent in the mind of the court, however,
A that in this case there always is the
kj chance that something highly often-
k sive to sensitive eaTS may "break,"
1 and at any moment.
The court has had no way of know-
1 ing what either direct or cross-
I examination might develop in a wit-
H ness, and for that Teason the presid-
f i n g judge has kept the oourtroom
i clear of women and children, as the
case proceeded.
This circumstance has served to
emphasize the presence of the de
8 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
event.
Both of these women have faced the
| long and trying ordeal with remark
able fortitude and patience, all things
8 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
proceeding's.
I 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
V whom all those horrible things have
’ been said—and her deep concern and
interest in the case could not be mis
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—
but her calmness and deliberation on
the stand Friday showed that she ap
preciated the material value of the
evidence she was then givinf, and
that it was necessary then that he.r
best and most discriminating intelli-
| gence be given full play, no less than
f heretofore her heart had been.
I think the public now is looking
I forward to the defendant’s statement
8 with far more interest than anything
i ' else—unless it be to the forthcoming
|f evidence of the more or less myste-
• U pious witnesses the State still has in
reserve.
I Frank never has told hi9 own story.
, 4|He has maintained a reserved silence
J^ever since he was arrested, and It
will be particularly interesting to hear
i||*vhat the main actor in the drama
*M»as to say in his own behalf, after all
el«e has been said on that aide.
I It is by no means too much to
■sny that Frank’s statement may make
Mpr mar his case—it may clear him
entirely, for that thing has happened,
and many more times than once—or
it may cut the other way. It certain
ly will be a dramatic utterance—
whether the thrill of it be pronounced
or repressed.
It looks as if the defendant has said
about the laert 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 j
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 dp 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 Statf
of Georgia as the question of the de
fendant’s possession or lack of char
acter.
When the attorneys pro and oon
come to sum up the case, for the
benefit and theoretical enlightment ot
the jury, it will be found. I think
that both the State and the defense
have made out castes remarkable ir
p„int of strength for and agains*
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 cast
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 comfrrt.
Consideration has been shown the
defedant, the members of his family,
and the warm friends constantly »n
attendance upon him.
The spectators have been orderly,
ever* 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 jud~~ 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 bo the State.
An Even Break.
There was no possible connection,
really, between these two things, of
course, for the judge did exactly the
thing he thought was right in both
instances. It memerly 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 if
makes an even break.
I make the foregoing observation
now because, looking at the case from
the present ~oint of view, in advance
of the verdict, I feel that the obsera-
tlon is true—and whateevr 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 laymen 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 battM,
perhaps, and that is in the time 1t
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 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.
Mother-Love Gives Trial Its
One Heart-Stirring Scene
By L. F
Every human emotion has been pa
raded during the long three weeks of
the Frank trial.
There has been pathos. There has
been pathos. Comedy has opposed
tragedy. Science has met sympathy.
Truth has been arrayed against fic
tion. Negro has conflicted with white.
The erudite Arnold has matched
wits with the thick-lipped, thick-
skulled Conley. Luther Rosser, stem
determined and skillful, has had to
try to meet the machinations \ of a
brain of a cornfield negro, Newt Lee.
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
trembling a high crescendo and the
hearts of the audience beating a long
roll in double time.
It was furnished during the past
week.
The Mother’s Part.
It was furnished by the person that
a Belasco would have picked for the
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. %vlth a little girl
of the common masses of the common
people called the victim of his de
generate lu*t
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 mintrelsy in his testimony,
though it was as black as the charge
against the man w r ho 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 cooly when
another negro, a being of a different
type, had told a story as sinister at
Satan, as awful as the wrath of Jove.
He sat, and without noticeable change
of expression, heardl 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 accuser’s.
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.
WOODRUFF.
Solicitor General Dorsey asked him
if he know of any acts of perversion
Frank had committed.
Then the volcano that had been
dormant for ages became active.
Then the race that has 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 spok© it.
Then the drama w’as 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 the
incident that ha dreally stirred.
Maxim dor ky Dying,
Nursed by Actress
Special Cabie to The Atlanta Georgian.
PARIS, Aug. 16.—Maxim Gorky,
the famous Russian writer and exile,
is seriously ill of tuberculosis, and
his death Is believed to be near.
Friends of Gorky received a letter
to-day from the great realist and so
cialist telling of his condition.
Gorky is being attended by an ac
tress who fled w-ith him from Rus
sia.
Governor Slaton Honors Papers
for Young Man Released From
Federal Prison.
Extradition papers for David J.
Steinburg, w r anted in Arkansas on
charges of embezzlement, were hon
ored by Governor Slaton late Friday,
followMng a stubbornly contested hear
ing. Sheriff Sam D. Crawford, of
an Arkansas county, left with the
prisoner at midnight to forestall ha
beas corpus proceedings.
Steinburg. who is Just 22 years of
age, w’as released last Wednesday
from the Federal Prison, where he
was confined nine months upon con
viction in New York. Hardly had he
stepped from the prison door when
he was arrested by a local deputy,
who served a warrant sworn out in
Arkansas. Steinburg retained coun
sel to fight the extradition. He was
represented by the firm of Napier,
Wright Wood.
In rendering his opinion, Governor
Slaton declared he had no option In
the matter, as the defendant was
clearly a fugitive from justice. Ac
cording to Sheriff Crawford, Stein
burg Is wanted badly in Arkansas,
and probably will get something like
ten years on four separate charges.
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