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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. AMERICAN FLAG ■ Men’s Shoes Yi Soled Sewed at 50c GWINN’S SHOE SHOP 6 LUCK!H STRMT, OPPOSITE PfSDMONT HOTEL BELL PHONR IVY 41*1. 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