Newspaper Page Text
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TTEARST’S SUNDAY AMERICAN, ATLANTA, GA„ SUNDAY, AUGUST 17, 1913.
LEO FRANK IS READY TO REVEAL HIS STORY
Accused Superintendent to Appeal to Reason of the Men Who Will Decide His Fate
Could You Qualify as Juror in Case
Hinging on Circumstantial Evidence?
Defendant Will in No
to Stir Emotion
the Jurors.
Way Try
of
M Frank'** statement to the
Jury, delayed from last week by the
swarm of character witnesses brought
In at the last moment, is the main
factor of interest remaining In the
trial of the National Pencil Factory
superintendent before the rebuttal is
taken up by the two attorneys rep
resenting the State.
What this statement will be the de
fendant’s lawyers themselves profess I
not, to know. They have had litll«
or no part in framing it, they say.
All they know is that he proposes
to make one, and that he has been
preparing it piecemeal as the trial
has progressed and one point after
another has arisen.
Whether it will be a formal state
ment read verbatim, no one knows
except the prisoner and possibly his
immediate relatives.
If the lawyers know they are keep
ing it darkly a secret. They believe,
they have ventured to say, that it will
be more or less Informal and that it
will be in the nature of an address to
the jury and the court based upon
the notes that Frank has made from
time to time during the trial.
Appeal To Reason.
That there will be little appeal to
the emotions of the Jurors Is prac
tically a foregone conclusion. It is
the purpose of Frank, it is understood,
to appeal directly to the reason and
common sense of the twelve men—to
outline to them as he has outlined to
his own attorneys the weak points
or improbabilities in the negro (’on-
ley’s story.
As well as this, it is his intention
to picture to them his every move
ment during the entire day and to
represent the physical impossibility
of his having committed the crime
and disposed of the body as Conle>
describes, if his alibi as set up by a
score of witnesses is accepted by the
Jury.
The statement will embrace much to
which he testified at the Coroner's
inquest. But there will be much more.
He will go into some things on which
his own lawyers have not touched.
The statement practically is certain
to form a most remarkable and most
important portion of the record of the
trial s proceedings.
What promised to provide a sensa
tion during the presentation of the
defendant’s case may collapse into
nothing. This is W. H. Mincey and
Ms startling declaration that he saw
Jim t’onley on the afternoon of the
murder, and that Jim bragged to him
that he had killed a girl that after
noon and didn't want to kill anyone
else.
Appear to Doubt Mincey.
The attorneys for the defense have
not been willing to say whether or
not they would call Mincey. They
have appeared to entertain some
doubts of Mlncey's credibility. Reu
ben Arnold said Saturday that he
was not prepared to say that he
would or would not call Mincey.
If Mincey's story could be corrob
orated it would furnish a most ef
fective weapon in winning the battl
for Frank's life. Granting its truth
fulness, it is the most definite and
direct evidence of the entire case
embracing as it does a virtual con
fession of murder on the part of the
negro.
Mincey said he met Conley at
Electric avenue and Carter street
Saturday afternoon. Ajiril 26. Con
ley was partially Intoxicated and be
coming angered at Mlncey's insistence
that h? take out an insurance policy
threatened the agent and boasted of
killing a girl shortly before, accord
ing to the affidavit made by Min
cey. . . , . .
his
The time element plays the most important part in the trial of Frank. The State has built up an elaborate
ease to show that Frank had the opportunity to kill Mary Phagan. The defense, on the other hand, is building up
just as elaborate a ease to show that Frank could not have had the time to do the things charged against him. The
principal time elements brought out so far follows:
THE STATE’S TIME-TABLE
8:30—Conley and Frank met at the factory.
9:00—Conley left to see his mother at the Capital City Laundry,
Frank admonishing him to return in 40 minutes and meet him at Mon
tag Bros., Nelson and Forsyth streets.
9:30—Miss Mattie Smith left.
10:30—Conley met Frank at Nelson and Forsyth streets. Frank
told the negro to wait a few minutes while he went into Montag
Bros.
10:50—Frank came out and went back to the factory with Conley.
10:55—Frank stationed Conley on the first floor. Frank said there
would be a girl there soon, and he wanted Conley to lock the door
when he stamped and unlock It when he whistled.
11:30—N. V. Darley left.
11:45—Holloway left.
11:50—Lemmle Quinn entered the factory.
11:55—Lemmie Quinn left.
12:05—Mary Phagan entered. The State contends that although
the car schedule would have brought her to Forsyth and Marietta
streets at 12:07, it might have been five or six minutes ahead of time,
giving Mary ample time to get to the factory by about 12:05. The State
also has to discard the testimony of George Epps, who swore that he
rode with Mary to town and got off the car with her at 12:07 o'clock.
12:06—Frank went with the girl to the metal room and there at
tacked her. Conley heard the retreating footsteps and later a scream.
12:08 to 12:10—Monteen Stover entered the factory; was seen by
Conley; went to Frank’s office and found him absent.
12:13 to 12:15—Monteen Stover left.
12:20—Frank returned to his office, leaving the body in the metal
room.
12:25—Conley dropped asleep.
12:30—Frank was startled by the arrival of Mrs. Arthur White.
12:50—Frank went to the fourth floor and told Mrs. White, her
husband and Harry Denham that they would have to be locked In the
building if they did not leave, as he was going to lunch.
12:52—Mrs. White left.
12:54—Conley was awakened by Frank stamping on the floor. He
locked the door and a minute later unlocked it when he heard Frank
whistling. Conley was directed to go to the metal room to get a girl
whom Frank "had struck too hard."
12:56—Conley and Frank carried the body of the girl downstairs.
1:03—They completed their task and returned to Frank’s office.
Conley hid in a closet five minutes while two women were In Frank's
office.
1:08—Conley wrote four notes at Frank's dictation.
1:15—Conley left the factory.
1:18—Frank left the factory.
1:20—Frank caught his car.
1:30—Frank arrived home, but hastily returned to town.
THE DEFENSE’S TIME-TABLE
8:25 A. M.—Frnk arrived at factory. Met Holloway, day watch
man, and Alonza Mann, office boy.
8:50 A. M.—Employees began coming for pay envelopes, Mattie
Smith among them. N. V. Darley arrived.
9:40 A. M.— Miss Smith and Darley left.
10:00 A. M.—Frank went to Montag Bros., Nelson and Forsyth
streets.
11:00 A. M.—Returned alone to pencil factory.
11:45 A. M.—Miss Corinthia Hall and Mrs. Emma Freeman left
factory after entering to get Mrs. Freeman’s coat.
12:02 P. M.—Miss Hattie Hall, the stenographer, left.
12:05 P. M.—Miss Monteen Stover entered.
12:10 P. M.—Miss Monteen Stover left.
12:12 P. M.—Mary Phagan received pay envelope from Frank.
Frank testified at coroner’s inquest that she left his office in two or
three minutes and that he thought he heard her talking with another
girl and then heard their footsteps dying away.
12:20 P. M.—Lemmie Quinn visited Frank’s office.
12:22 P. M.—Lemmie Quinn left.
12:30 P. M.— Mrs. Arthur White entered Frank’s office and then
went to the fourth floor to see her husband.
12:50 P. M.—Frank went to the fourth floor and saw Mr. and Mrs.
White and Harry Denham. He stayed about two minutes.
12:53 P. M.—Mrs. White left. On her wav down the stairs she saw
a negro sitting on a box on the first floor. She thought it was Con
ley.
1:05 P. M.—Frank left for his luncheon. He walked up Forsyth
street to Alabama and down Alabama to Whitehall.
1:10 P. M.—Miss Helen Curran saw Frank waiting at Alabama and
Whitehall streets for his car. It is the contention of the defense that
Frank could not have been there at this time is Conley’s story is true.
1:20 P. M.—Mrs. A. P. Levy saw Frank enter the home of Emil
Selig, with whom he lived at 68 East Georgia avenue. Frank sat
down and ate with his father-in-law. The servant, Minola McKnight,
saw him when he arrived home.
1:50 P. M.—Left home for factory. Saw Mrs. M. J. McMichael,
his wife’s aunt, Jerome McMichael, Julian Loeb and others.
2:00 P. M. —Caught car at Glenn and Washington streets. Met
J. C. Loeb on car.
2:10 P. M.—Car was blocked at Hunter street by Memorial day
crowds. Frank was seen by H. J. Hinchey who was riding by in his
automobile. Frank left the car and walked on Hunter street to White
hall.
2:20 P. M.—Watched parade. Met Miss Rebecca Carson in front
of Rich’s store.
2:40 P. M.—Was seen by Miss Carson to go in Jacobs’ Phar
macy. Whitehall and Alabama streets.
3:00 P. M.—Arrived at the pencil factory. Went to fourth floor to
see Denham and White.
3:08 P. M.—Denham and White left
If Mincey goes on the stand
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testimony will become the target for
some of the State's strongest rebut
tal. That and the character of Frank
will divide the attention of the So
licitor. He will not bother about
much else. He Is content to let Con
ley’s story, as bolstered and strength
ened by the testimony of detective*
and other witnesses, stand as a suffi
cient rebuttal for practically all of
the evidence that the defense has
brought out in favor of Frank. The
Solicitor believes that when the ar
guments go before the jury the mem-
ber« will be willing to accept the
story of the negro as against that of
Frank.
After Frank’s Character.
Dorsey, however, has been unceas
ing in his efforts to wreck Frank’s
character. He has branded him as a
degenerate and a criminal of the
worst type. The introduction of char
acter witnesses by the defense has
given him a new opening, and he pro
poses to take every advantage of it.
His attitude is shown in a colloquy
between himself and Judge Roan.
‘•How far do you intend, to go in
that line of testimony?” Inquired the
Judge.
"Just exactly as far as your honor
will let me," Dorsey replied.
Judge Roan remonstrated that the
Solicitor General should not seek to
introduce evidence that he knew wan
illegal. The Solicitor smiled.
Dorsey has about twenty witnesses
he will use in an effort to destroy all
of the favorable impression created
by the 100 character witnesses who
have testified for Frank so far in the
trial. From some of them he has
promised to produce testimony of the
most sensational sort.
One young girl. Dewey Hew ell, not
yet out of her teens, was brought all
the way from Cincinnati last Friday
for the express purpose of testifying
against the young factory superin
tendent.
She was in the Home of the Good
Shepherd, to which she was sent from
Atlanta.
The defense is expected to close itt
case by Monday night or Tuesday
noon if the cross-examination of its
witnesses is note xtended. The re
buttal of the State will not last more
than a day and a half, or two days at
the most, according to the estimates
made by lawyers connected with the
case. This will bring the closing ar
guments some time Thursday. It is
not improbable that he Judge’s charge
will be made before court adjourns
Thursday night.
Arguments Are Awaited.
The true strength of the defense
and the prosecution will not be de
veloped until the closing arguments.
I Much of thv* significance of important
I bits of evidence has been obscured
and passed over lightly as the case
progressed. The lawyers have been
I willing that the jurunr as well as the
I spectators, did not see the full import
of certain pieces of testimony at the
time It was given. They have been
just as willing that no one understood
the particular part it was to play in
their theory of the crime. Their main
purpose was to get it clearly and un
mistakably on the record.
When the arguments begin, these
apparently disconnected and disasso
ciated fragments .•!' evidence will as
semble themselves magically. Their
significance will dawn forcibly on the
minds of the jurors under the spell of
the eloquence and logic of four shrewd
and capable lawyers.
As the EVank trial has surpassed
all other criminal cases In the his
tory of Georgia in the amount of
testimony that has been transcribed,
so will It surpass all others, it is very
likely, in point of eloquence and mas
terly argument.
Both sides are determined. That
there will be bitterness anti rancor in
the arguments is inescapable. If the
attitude of the Solicitor has been
forcast at all truly in his remarks
during the progress of the trial, his
address to the jury will be charged
with as terrible and denunciatory
invective as ever heard in an Atlanta
court. If the prisoner at the bar,
innocent or guilty, can save himself
from cringing or from the least sign
of emotion during the argument of
the Solicitor General, he will have
earned his title of iron man, indeed.
Alibi Built Up.
The two lawyers for the defense,
Luther Rosser and Reuben Arnold,
have built up an alibi for the accused
man which they believe is indestructi
ble. At the same time from this
witness and that one, they have ob
tained testimony supporting their
theory that the crime was done by the
negro. Jim Conley, and that the ne
gro’s story is a product of his imag
ination evolved for the sole purpose
of saving his own neck.
This theory has been suggested
from time to time during the trial,
but little attempt has been made to
develop It in the minds of the Jurors
through tlie medium of the support
ing testimony.
The two lawyers will marshal—
probably already have marshaled—the
evidence in its proper sequence and
will then present it to the jury as
the most convincing argument that
the crime was the deed of the negro
and not of Leo Frank.
Frank Follows
Schedule in Jail Life.
Leo Frank is living a sane and ra
tional life as a prisoner in the Tower
—a life of scrupulous dumbbell exer
cises. daily cold baths, chats with
many visitors, chess playing and
reading.
Always an energetic man. Frank is
himself even in Jail. Each mornini
he arises at 6 o’clock and dives fo
his dumbbells. Following a brisk ex
sity of Georgia in the class of *1888.
Frank A. Hooper was a student at
the Southwest Georgia Agricultural
College before he entered Mercer,
where he graduated with the A. B.
degree in 1886. In 1888 his alma mater
conferred an honorary A. M. degree.
E. A. Stephens, assistant to So-
licltpr Dorsey, is an Emory man of
the class of 1891.
Mr. Rosser and Mr. Stephens are
members of the Chi Phi Fraternity.
Mr. Arnold and Mr. Hooper are Phi
Delta Thetas. Mr. Dorsey is a Kap
pa Alpha.
Luther Z. Rosser, Jr., and L. S.
Hopkins, Jr., from Rosser’s office,
have assisted him. Young Rosser Is
a Tech man, an Emory man and
graduated from the law department of
Mercer in 1909. Mr. Hopkins is an
A. B. graduate of Emory, 1901, grad
uate of the law department of the
University of Georgia in 1904, and
LL. B. from Yale University in 1906.
Mr. Rosser is a Chi Phi and Mr.
Hopkins is a member of Phi Delta
Theta and the Phi Delta Phi legal
fraternity.
Luther Z. Rosser. Jr., and Hugh
Dorsey are brothers-in-law. and C.
B. Shelton. Rosser’s brother-in-law, is
a law partner of Dorsey’s two broth
ers, Cam and E. Roy Dorsey.
Jurors’ Wives Find
Solace in Union.
None of your clinging wives are the
eleven women who. the wives of jury
members, are made widows for the
while by the triai of Leo Frank. They
are not women to stay at home and
weep in weeds. With their "Club for
Temporary Widows" they are mak
ing the best of a bad situation, and
even finding some real fun.
Mrs. W. M. Jeffries, one of the
wives made widows because her hus
band must serve on the jury, wan
dered about disconsolately the first
two or three days. Then she became
nervous and from nervousness she
drifted into a spell of the blues.
Blues is the mother of invention,
as all the world knows. With the
tears not far from her eyelashes one
afternoon she was seized with an
Idea that sent the tears back and that
made her hurry to the telephone. One
by one she 1 oca tod them, the other
wives who were widows, and unfold
ed her plans for an organization.
"And then we should worry,” she
told each one.
The idea found favor with them all.
Eleven women who didn’t know each
other before were drawn together,
and now they can be seen sallying
forth, consoled by their own num
bers, and even gay, to the courthouse
of an afternoon.
Time was when the trial started
that their greetings were waved to
their husbands with handkerchiefs
wet with tears. But now the signal is
gay. The widows have found in their
common grief something to laugh at.
And the Jurymen themselves don’t
worry about the folks at home so
much now'. They smile, too, when
they leave the courtroom and catch
the cheery greetings. All except C.
J. Bosshardt. the lone unmarried
member. There is no one to greet
him, but they do say
By 0. B. KEELER.
Putting it somewhat abruptly—
Would you hang a man on circum
stantial evidence?
This is with some small reference to
the Frank trial. Nearly everything
has a Frank trial trend these days.
And the trial Itself la working around
to where that problem is beginning to
press on the twelve good men and
true.
Also it is pestering the courtroom
regulars.
It always does at a big murder
trial. Probably more friendships
have ceased over the question of
hanging on circumstantial evidence
than over the proposition that all men
are born free and equal, or the world’s
series or the age of Ann.
You Either Would or Wouldn’t.
Probably you have a pretty well
fixed idea as to the ultimate value
of circumstantial evidence.
Either you would hang a man on
it or you wouldn’t.
If you wouldn’t, you couldn’t have
got on the Frank Jury. Not honestly.
Because there is no direct evidence
in the case. »
In the first place it would be pretty
tough if everybody in the world
snared the conviction that no man
should be convicted on circumstan
tial evidence.
If that were the case the potential
murderer could use a little intelli
gence and a bit of care in arranging
the stage setting for his crime and
get by with it comfortably enough.
He would just provide that nobody
should see him when he let his vic
tim have it under the fifth rib, or
swung the well known blunt instru
ment, or pulled the trigger of the
equally celebrated smoking revolver.
Then the fact that the knife had
been in his possession for years, or
he had been seen extracting the cluo
from a lumber pile, or purchasing the
revolver from a pawnbroker, would
be valueless In default of some op^n-
faced person who would take his
stand upon the witness chair and as
sert dramatically:
"I seen him when he done it!”
Moveover, what are you going to
do with that most monstrous of all
murderers, the poisoner? It is the
rarest thing in the world for a wit
ness to be present when he offers his
victim the fatal capsule and remarks:
“This Is a little slug of strychnine.”
If he didn’t say what it was. there
wouldn’t be any direct evidence that
it wasn’t quinine, you see.
So it does look as if some people
in this world are well justified In their
belief that there can be circumstantial
evidence strong enough to hang a
man.
Value of Direct Evidence.
It looks like a good thing, if only
to bear the murder market.
Now, let’s look over the value of
direct evidence. And there’s an odd
thing about its actual face value, too
Just at first sight it seems nothing
could be clearer and more convinc
ing. Here’s a man, right on the spot.
He sees all that occurs. All he has
to do is to tell about it, in words of
one syllable, if he likes—just a round,
unvarnished tale.
The trouble is, there frequently i 1 *
another man who also was right on
the spot, and also saw all that oc
curred.
When it comes to telling about it,
those tw’o men. like as not. will each
tell an honest and straightforward
story. i
But the stories may not agree.
• Both May Be Honest, Too.
And both witnesses may be perfect
ly honest.
There was a professor of psycholo
gy or something, and he got all work
ed up over the amazing proposition
that several Intelligent persons could
see a tragedy enacted and tell sev
eral and radically different stories of
how it happened.
So he framed up a little game on
his class of 40 students, or 60 stu
dents, or whatever .number it was—
all bright young college men, well
above the average direct witness who
Just happened to be there when it hap
pened.
The class was hearing him lecture
one day, and, presumably, thinking
of nothing else in the world, when
one door of the room burst open and
a pop-eyed man rushed in, followed
closely by two others. The first man
ran halfway across the room, wheeled
and shouted:
"Stand back!”
His nearest pursuer leveled a pa
per cap pistol at him and replied:
"I’ll settle you right now’!’’
The companion waved his arms and
yelled:
"Down with the traitor!”
Then the first man ducked, ran for
the door and disappeared, with the
others after him.
Just Like a Regular Tragedy.
It was all unexpected, just like any
regular tragedy. And it was all very
sudden. It only took about ten sec
onds for the w’hole performance.
The class was surprised. That was
rather natural. But the professor
calmed the students and told them
w'hat It was all about. He wanted
to see how accurate ‘heir powers of
observation were under actual test
Had the young gentlemen seen and
heard all that passed?
The young gentlemen had.
Then would the young gentlemen
kindly w’rite out each a full account
of the proceeding, with the same care
that would be used in testifying to
the happening in a case that involved
life and death?
The young gentlemen would.
And you can take it from the pro
fessor there was something to pon
der in the "testimony.”
A few samples will explain it.
How They Told of It.
One young gentleman testified that
the foremoftt pursuer held a shotgun
and cried, "Sic semper tyrannis!” an
other was positive the weapon was a
long dagger, and that the wielder
said something about revenge for tho
invasion of his home, while his com
panion shouted, "Let me get at him’”
One eyewitness was sure the pur
sued man had dropped on his knees
and lifted his hands in supplication;
also that he had red whiskers: while
another said he was clean shttven and
held a revolver.
And that is a fair sample of the
contradictory “evidence” given by
eyewitnesses in the test case.
One thing stood out above all tho
rest:
Not one single student gave an ab
solutely correct account of the af
fair, which had been worked out and
rehearsed carefully by the actors.
Believe Half You See.
And in a great many cases of di
rect evidence it is a pretty good plan
to believe only half what you see.
And by arguing around in a circle
it would seem that there is a go >1
deal to be said !n favor of circum
stantial evidence, if only because it
is sought Intelligently and consider'd
in cold blood, in place of the usual
goggle-eyed mental condition of ‘ho
witness suddenlv confronted with i
raw and ugly situation, entirely t
variance with anything else he ever
had encountered before.
And now could you qualify as jur r
in a circumstantial evidence case?
FRECKLES
Now Is Time to Q«t Rid of These
Uflly Spots.
There's no longer ths slightest need
of feeling ashamed of your freckle?,
as the prescription othine—double
strength—is guaranteed to remove
these homely spots. ^
Simply get an ounce of othine—dou
ble strength—from Jacobs’ Pharmacy
and apply a little of It night and
morning and you should soon see that
even the worst freckle* have begun
to disappear, while the lighter ones
have vanished entirely. It if? seldom
that more than an ounce *6 needed to
completely dear the skin and gain a
beautiful clear complexion.
Be sure to ask for the double
strength othine as this is sold under
guarantee of money back If it fails
frecl
1 to remove
cklea.
his home. Before the
trial he ate in his cell,
ever, coming daily to th
he gets his breakfast in
Now, how
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At 6 o'clock ir
dinner. The me;
to the jail from
a downtown restau-
home, and always Prank’s ft
come to sit with him white he
latter they stay on to talk, le
about 9 o'clock. Then there are pa
pers to read, magazines to look over
and an occasional book or two, which
keeps Frank up until about 10:30
o'clock, ’the hour of his retirement
each night.
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Every Summer Garment MUST now be disposed of—we MUST make
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8 75
Lawyers In Frank Trial
All Georgia College Men.
Thomas \Y. Connally, the well-
known attorney, has gathered some
interesting facts about principal law
yers in the Frank case.
All of the lawyers. Mr. Connally
finds, are college men. Luther Z.
Rosser and Hugh M. Dorsey are char
ter members of the University Club,
of which Mr Connally is secretary
Mr. Rosser is a graduate of Emory
in the class of 1878. In spite of th-*
fact that he was nearly blind during
part of bis college course, caused by
an attack of measles, he was able by
listening to his roommates study
aloud to master the work so thor
oughly that he took an honor in his
class. For years he was an alumni
trustee of Emory.
Hugh Dorsey is a graduate of the
University of Georgia in the class of
1S93. and afterward studied law at
the University of Virginia.
Reuben Arnold was at the Unlver-
WEEK AUGUST 18th
DAILY AT 2:30 and 8:30
FORSYTH
REAL KEITH VAUDEVILLE
TOOTS PAKA
AND
HAWAIIAN
MUSICIANS
GRACE DeMAR
COMEDIENNE
FOSTER & LOVETT
LAUGH WINNERS
KENNEDY & ROONEY
SONG AND DANCE
NIKKO TROUPE
JAP MARVELS
CASTILLIONS
BRONZE STATUES
PATHE PICTURES
MODERN
WILLIE WESTON
SONGS
MIKE BERNARD
THE PIANO
0
Women's Dresses —
$1 .95
Summer Dresses
were from $6 to
reduced to
that
$10,
The balance of our sum
mer Silk Suits and Woo!,
en Suits, worth up to $25,
are reduced to
Summer Dresses that
were from $12.50 to $15,
reduced to
Summer Dresses that
were from $20 to $25, re
duced to
.75
.75
—Women's Skirts
Women’s Skirts that were _$1,5£ QQ
and $2.00 reduced to
Women’s Skirts that were
$3.60 to $5. reduced to .
$1.19
Child's Bloomer Dresses—i
49 c
Children’s Bloomer Dress
es, In sizes from 2 to 8
years, that were from $1
to $2, are reduced to
WAISTS .St
’2,
na A large assortment of odds and
ends In Women’s Lingerie and
y Tailored Waists, that were from $1
to $3, are reduced to 25c each.
Atlanta’s
Busy
Store
FROHSIN’S
Fifty
Whitehall
Street
passingly strange rnagau u«c j