Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 18, 1913, Image 3

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LEO FRANK'S OWN STORY TO ADD FINAL TOUGH TO STATE’S GREATEST TRIAL By JAMES B. NEVIN. It is rather an • extraordinary thing that on this Monday, the beginning of the fourth week of the most remark able murder trial ever held in Geor gia, the interest should be in nowise abated or lessened, and that the open ing of court to-day saw the biggest, hungriest and most insistent crowd of curious spectators yet on hand at the opening of court. Par from letting go the Phagan mystery, the public to-day seems to be gripping it even more eagerly than ever before Opinion still is widely divided as to the guilt or innocence of Leo Frank, and there have been many switches of conclusion and reversals of the ory, pro and con, within the past week, and no doubt there is much more of the same sort of thing to come. People to-day believe Frank guilty who started out believing him inno cent, and the rule is working right* around the other way, moreover! Despite the many things that have been said and the countless things that have been written of the Frank trial and all that led up to It, it re mains, on the threshold of its fourth week, the most absorbing melodrama ever enacted in Atlanta—the most bitterly fought and the most uncom promisingly contested trial known to the criminal history of the State of Georgia. The principal parties to the case are, of course, Mary Phagan, the dead girl; Leo FMnk '■? defendant at bar. and Jim Conley, the grimly ac cusing net >. Four months ago no one of these people was known to many Geor gians. Mary Phagan, a sw’eet little work ing girl, had a circle of perhaps a hundred friends—not 1 per cent of the population of Atlanta ever had heard of her. Frank Little Known. Leo Frank, the sunerintendent of the National Pencil Factory, was hardly known by very many more people—he had a business and col lege acquaintance, and a limited cir cle of social intimates. Not more than 2 or 3 per cent of Atlanta’s pop- jlation ever had heard of him. Jim Conley, the negro, more than well known in police circles, along the way of the "Butt In” bar in Pe ters street, and a familiar flvura enough along Darkest Decatur, num bered among his respectable ac quaintances not more than 50 people —if nearly so many—perhaps. Now—less than four months after the terrible deed enacted in the pen cil factory on Saturday, April 26— there is not a hamle* a crossroads store or a country or city ^lome in all Georgia that has not heard of every party to the sordid story, and that has not discussed everyone of them, to gether and singular, from every point of view' imaginable! It is more than morbid curiosity upon the part of people that prompts this great and never-flagging intefest in the Phagan case—it is more than the mere fascination of crime that links the heart and mind of the people to it. In the case of Leo Frank there is that indescribable element we call “human interest,” that vague and elusive thing that tugs at the heart strings and nags at the conscience— there is the knowledge upon the part of the public that a monstrous crime has been committed, and that re sponsibility for it must be fixed, no matter the cost and no matter the effort! The public does not clamor for Leo Frank’s life so much, nor for Jim Conley’s—it demands that responsi bility for Mary Phagan’s brutal mur der be fixed, and It will not be satis fied until that responsibility IS fixed. At the same time, I believe—and I have believed all along—that the public wants to see justice done and fair play indulged in. If Frank is not guilty he has been punished already beyond reason or reparation. He should be turned loose, with every amend decency and mistaken zeal ma’, summon to their embarrassed effort at righting a frightful wrong. If. however, he is guilty, and that is shown, then the inconvenience and discomfort accorded him thus far will matter little-, if anything. It is a tremendously big game the lawyers are playing in the stuffy lit tle courtroom in the old City Hall Building. * On one side is the majesty of Uie law of the land, that must be main tained at any and all cost—that ma jesty of the* law' that may be invoked in behalf of the humblest no less than the highest. On the other hand ta the defendant—an abstract thing ill the sight of the law\ On one side is the great State of Georgia, calling for a “tooth for a tooth and an eye for an eye”—on the other side are those guaranteed rights of citizens embodied in Frank, that must not be challenged lightly or without complete and compelling reason. % It Is a Big Game. It is a big game—it involves that most precious of all gifts of God, a human life, and a human reputa tion, a home and the happiness there of. It is a game, nevertheless, that involves on the contrary a sinister charge of utter unworthiness upon the part of the man who still pro tests his rights to these precious gifts, jealously given of a Divine Power, and as jealously guarded by His laws, no less than by the law’s of human beings. One can not get away from the con clusion, cited many times, that, after all is said and done. Frank’s charac ter will determine the verdict in the c^se now' on trial. His character will be found to be his greatest asset and his most sure dependence, in this his hour of press ing peril—as his lack of It, if shown, must prove to be his final and ever lasting damnation. Frank, by injecting his character in issue, has challenged the worst upon the part of the State. He has cited scores of witnesses to uphold it—he has made a brave, and maybe an abundant, showing. The St$.te, however, says It will break down that character—that It will show* Frank’s unspeakable de pravity, even as charged glibly and smugly by the negro, Conley, as yet uncorroborated by any person the most abandoned would care to be lieve. If the State can do this thing Can it be possible that Frank, through all these years, has been leading a double life? Can it be true that he has. while professing to be an honorable and upright man, a faithful husband, a dutiful and worthy son, a deserving and decent friend among his neigh bors and his kind, nevertheless been, really, a moral degenerate, an ignoble and deceitful creature—and can it be that these things, so long and so clev erly concealed, at last led him to mur der? The State’s Contention. The State holds that his family cir cle, his intimate social acpuaintances, and his business associates, would, as a matter of fact, be the last peo ple in the world to know the truth of Frank’s double life—for, say they, Frank would employ every artifice Women of BxB.rl.ne. Advise th. Un of j and summon to his 111(1 ever >' P° Bslble Mother's Friend. # j device to keep those very people from ! discovering the truth concerning him. To The Young Expectant Mother There is a certain degree of trepide- < Mon in the minds of moat women in re- This, so the State contends, is pre- g&rd io the aubjeot of motherhood. Tbs cisely what Frank did do—and In that way they justify his alleged in timacy with Conley and his quick calling upon Conley for help, when eventually he found himself with the blood of a human being on his guil ty hands. The State is asking a good deal w'hen it asks the public to believe this of Frank, in the light of the ev idence of his good character tender ed last week, and it hardly is possi ble that the public WILL believe it, unless the State makes its charges crystal clear. Men will ask themselves—and will ask themselves wisely—whose repu tation is safe, if it may be brushed away and broken down by the un corroborated word of such a creature toagfog to p«w«M is often contradicted by the tnherent fear of a period of die- _ut there need be no such dread In view of the fact that we have a most S >We remedy in what is known as other** Friend. This is an external application that has a wonderful Influ ence and control over the muscular tis sues of the abdomen By its daily use the mu soles, cords, tendons and liga ments all gently expand without the slightest strain; there Is no pain, no nausea, no nervousness; what was dreaded ae a severe physical ordeal be comes a calm, serene, joyful anticipa tion that has Jte impress such as our as Conley? foremost teachers of Eugenics are strlv- i tog to drill into the minds of the present ; generation. Th almost every community there are ] _ .. .. .. , women who have used Mother's Friend- I quite and altogether another. and they are the ones that recovered E * fcly. conserved their health and ngtn to thus preside over families ined by every rule of physiology and the history of successful men and wo men to repeat the story of greater achievement. Mother’s Friend Is prepared after the formula of a noted family doctor by ihe Braufleld Regulator Co.. 188 Lamar Bldg.. Atlanta, Ga. Write them for their Instructive book to expectant mothers. You will find But, Conley uncorroborated in one thing—while Conley corroborated is The State is yet to be heard in re buttal of Frank's character witnesses —and so Judgement must be suspend ed pending their revelations. The only point is—and it has been an evident point so long that to re emphasize it seems trite—the State must make good on its sinister charge of perversion and degeneracy upon Mother's Friend arraU by gtt drug t h e par t 0 f Frank, or its case will be THE ATLANTA UEOKU1AH AND JNEWS. GIRL WORKER WHO TESTIFIES TO GOOD CHARACTER OF LEO FRANK Miss Opie Dickerson, who praised Frank and denounced Conley. greatly weakened, perhaps beyond re pair. I have an idea that Frank’s state ment on the stand may w'eigh heavily in the minds of the jury. Frank the Star. Indeed, it is not improbable that the very best jury speech and jury argument put forth in defense of Frank, with all due appreciation and respect of and for Rosser and Mr. Arnold, will be made by Leo Frank himself! His statement, although not sworn to, will carry’ an appeal that hardly cun be framed of other lips—either that, or it will fall flat and stale and of no consequence whatever. The trial long ago resolved itself into a matter of P’rank vs. Conley. It is the defendant’s word against the negro’s. Both have self interest in the ver dict—the life of one or the other must pay the forfeit of Mary Phagan’s murder. The forthcoming statement of Frank, and the rebuttal of the char acter witnesses, constitute the two events ahead th^t may. within them selves, make or mar this case, as one may come to view it eventually. And it is this situation, no doubt, that holds up the interest to-day, as the fourth week begins—for, despite all that ha~ gone before, the case is not yet nearly ended, and there still remains many things undetermined. Wilson’s Own Dentist InNavy,Mann Charge WASHINGTON, Aug. 18. — The charge that “the navy is making a farce” of the retirement age law, and the further disclosure that President Wilson has appointed his personal dentist to the reserve corps are made by Minority Leader Mann. “While the retirement age in the navy 16 62,” said Mr. Mann, one of thees new dental surgeons is now over seventy-six. But he happens to come from the same town as the Secretary of the Navy. One of the surgeons is 62 years and another who is 42, was the personal dentist of the President.” Down Went His Gum, On Went His Train \ ATLANTIC CITY, Aug. 18.—Chew ing gum or tobacco while on duty has been forbidden the motormen by the management of the Short Line road. Glen Grice bought a penny stick of gum at Ocean City just before he boarded his train for a run to this city. After the train had attained a 30-mile gait. Grice swallowed the gum. It lodged in his throat and shut off his wind. The motorman fell over unconscious and the train, heavily loaded with passengers, ran for three miles be fore the cohductor could stop it. Widow of Wealth ‘Turkey Trots’ at 78 PORT JERVIS, N, Y„ Aug. 18.—In proceedings to test the competency of Mrs. Mary N. Gray to manage her $50,000 estate, it was testified that the 78-year-old widow had these fads: Joy rides from Honesdale to New York. Turkey trotting in the Wayne Hotel corridor. Giving huge tips. Wearing four skirts and a sweater to keep out evil spirits. Robert H. Gray, of Denver. a nephew, says her physician has drawn exorbitant fees. PASTOR TRIES TO SAVE IWNAUGHTI Savannah Minister Declares That Flanders, Alleged Victim, Died From Natural Causes. Patient Dies After 300 Neck Operations BALTIMORE, Aug. 18.—After un dergoing more than 300 operations during three years for the removal of a growth in his throat, George Mc Dowell, 31 years old, formerly of Spartanburg, S. C., died in a hospital here while surgeons were making a last attempt to save his life. For the last eighteen months. Mc Dowell breathed through a silver tube inserted in his throat. He had been under so many operations that he be came immune to the effects of co caine. Barnesville Stages Hurry-Up Election BARNESVILLE, Aug. 18.—Barnes- ville is in the midst of one of the live liest and most unique municipal con tests in many years. The white pri mary will be held August 25, and those nominated will be elected the next day. A Mayor and three Aldermen are to be elected. For Mayor there are two candidates, James M. Cochran end Alderman A. H. S. Franklin. For the three aldermanic places there are already seven candidates, J. E. Bush, T. J. Berry, B. H. Butts, M. Burns, M. B. Fitts, W. T. Summers and W. C. Stocks. Cool Days Promised As Breezes Return The breezes, which had been on a strike for the past few days, were back at work Monday, keeping At lanta’s business section cool. The thermometer registered 70 degrees at dawn, after a night cool enough to make a blanket appreciated. Although September is usually one of th% hottest months In Atlanta, Forecaster VonHerrmann says it will be an unusually cool month this year. Fair weather Monday night and Tuesday is predicted by the local bu reau. H ESCAPE FROM ASYLUM Noted Prisoner Flees U. S. Yacht—Can Not Be Extra dited, Says Whitman. on Continued from Page 1. SAVANNAH, GA., Aug. 18.—The Rev. John S. Wilder, pastor of the South Side Baptist Church, has re turned from Atlanta, where he ap peared before the State Prison Com mission in behalf of Dr. W. J. Mc- Naughton, the Emanuel County phy sician who Is in jail under sentence of death in September for the al leged murder of Fred Flanders. All of the evidence has now been presented to the Prison Commission with the exception of one or two af fidavits, which will be sent to At lanta early next week. The commis sion Is expected to act on the case on the first Monday in September. Immediately after the decision of the commission is rendered the matter will be taken up with the Governor. Everything will have to be done dur ing the first week in September, be cause September 5 is the date set for the execution. “I feel that nothing short of a par don would vindicate an innocent man and correct one of the greatest mis takes ever made in Georgia,” said Mr. Wilder, who expresses the ut most confidence that Dr. McNaugh- ton will not be allowed to hang. “I have always contended that Flanders was not nuirdered, hut died from nat ural causes. I think this has now been indisputably established. We have the sworn statements of seven teen of the most prominent physi cians in Georgia, including an expert who gives more arsenic possibly than any other physician in the Southern States, all of them agreeing that Flan- ders did not have the symptoms of arsenic poisoning, but the symptoms of nephritis, or Bright’s dise*lse. If these medical authorities are correct, then no murder has been committed, and Dr. McNaughton should go free.” it was formerly known. They spent money freely and devoted considera ble time to scouting about the coun try. In answer to queries they said they were preparing to locate for the sum mer and wanted to find a quiet, rest ful spot. FTiday evening they re turned in an eighty-horsepower auto mobile. The size and strength of the car also caused much curiosity. They had with them men who registered as Roger Thompson and Eugene Duf fy. A little later the party was joined by a fifth man, who registered as Thomas Flood. It was he who took the launch to Beacon. Flood was af terward identified as the reckless driver of the touring car who took Thaw across the Connecticutt State line at 70 miles an hour. He waa the most reckless of the party. Saturday morning the men left the Holland early and were not seen about the hotel again. From the talk of the men an impression arose that they were professional gun-fighters recruited from gangs in this city and were paid Hberallv to risk getting Thaw to safety. One of them, after drinking considerably in the barroom at the Holland Hotel said: “It was Iris business to help good fellow*.” Reward of $500 Offered. Following the escape. Superintend ent Raymond F. C. Kleb, of Mattea- wan Asylum, offered a reward of $500 for Thaw's arrest as a "dangerous fugivtive.” Dr. Kieb’s belief is that Thaw made his way around Long Island and Is now bound for Europe. Dr. Kieb feels that his personal reputation and integrity as a public official are at stake, and has personally hired a private detective agency to trail Thaw. So closely has Roger O’Mara, the Pittsburg private detective, been con nected with Thaw since the shoot ing of White that some persons Jumped to th conclusion that O’Mara was concrnd In some way with Thaw’s escape. This was heightened by the fact that one of the men at the Holland Hotel slightly resem bled him. Another posed as "Roger” Thompson. A Pittsburg telegram states, however, that O’Mara was In Pittsburg yesterday. Mrs. Mary Thaw, mother of Harry K. Thaw, who has spent nearly a milli nodollars In trying to restore his liberty, was surprised to lerrn of her 9on’s escape. She said she had come here In response to a requst from Harry that she pay him a visit. The New York police department is keenly interested In the search for Thaw and have sento ut a general alarm with a description of the fugi tive. The detective bureau will flood the country with circulars bearing Thaw’s picture. “There is no doubt in my mind that Thaw will return at one© to the vices to which he was addicted, in cluding not only drink and drugs, but moral perversion. The moment he takes a drink of w’hlsky or a bottle of wine he at once becomes not only irresponsible, but he Is almost cer tain to revert to the delusions of per secution which he has cherished, and is likely to single out any of the persons he believes has wronged him.” Jerome Fears Thaw. In this connection, friends of for mer District Attorney William Tra vers Jerome have warned him to be on his guard. Jerome prosecuted Thaw and did more than any other man to keep Thaw in Matteaw'an. Jerome has admitted time after time that he would never be safe with Thaw at liberty. “I feel morally certain he will try to kill me as soon as he is liberated. If he ever is freed, and for that reason 1 am doing all in my power to keep him in Matteawan,” said Jerome once. Thaw shot Stanford White on the Madison Square roof garden on the night of June 25, 1906. The Jury in the first trial disagreed but at the second trial Thaw was acquitted. He was then placed in Matteawan Asylum, an institution for the crim inally insane. His case was the most sensational in the criminal history of North America and aroused wide interest tlyroughout the civilized world. His aged mother had stood by him loyally to the end and to-day ex pressed heartfelt satisfaction that Chronology of the Famous Thaw Case June 25, 1906—Thaw shot Stan ford White. , June 26, 1906—Thaw in Tombs prison. June 28, 1906—Indicted for mur der in first degree. January 23, 1907—First trial be gins. April 4, 1907—Commission de clares him sane. April 12, 1907—Jury disagrees. January 11, 1908—Second trial begins. February 1, 1908—Verdict: Not guilty, on the ground of insanity. February 2, 1907—First day in Matteawan. May 25, 1908—First habeas cor pus hearing decided against him. August 19, 1909—Second habeas corpus hearing decided against him. June 8, 1912—Transferred to Westchester jail. June 17, 1912—Third habeas cor pus decided against him. May 17, 1913—John M. Anhut, a New York attorney, convicted of offering $20,000 bribe for Thaw’s release from asylum. August 17, 1913—Thaw escapes from Matteawan. IMPROVED ROOFLESS PLATE Made of gotd or aluminum, ne gumi no roof. Truly Nature’^ du- R llcate, made only by ua. Perfact t or no pay. GOLD CROWNS WHITE CROWNS BRIDGE WORK iO-YIAR GUARANTEE We wttl continue to moke our Whalebone Ever, •tick Suction Plato for 13.00. Tho lightest and strongest plate known. EASTERN PAINLESS DENTISTS JKJftSUftMS her boy had at last been able to se cure his freedom, even though he could not effect it in a legal way. Thaw’ was committed to Matteawan by Justice Dowling early In 1906. The escape of Harry K. Thaw from Matteaw’an Asylum Sunday morning about 7:45 o'clock was the climax of the dramatic career of the young Pittsburg millionaire. A careless sauntering into the courtyard of the Institution, a grad ual drawing nearer to the gate as the time came for the early rounds of the milkman, a lightning dart through the gate as It was opened to reoelve the vender of milk, a leap into a six-cylinder racing auto that stood across the road, a cloud of dust as the big machine lurched forward and gathered speed—and the slayer of Stanford White was gone like a rock et for the Connecticut State line, 30 miles away. Ten minutes after Thaw dashed through the asylum gates under the very eyes and arms of Howard H. Barnum, a keeper, the big black car w’as plunging through the hamlet of Stormville, ten miles away. Swaying from side to side, siren shrieking and the opened exhaust keeping up a continuous roar, the big machine passed through the village at 70 miles an hour. Early risers saw Thaw and the men w’ho had aided him to escape crouched in the machine to escape the clouds of dust and the rush of the wind. Escape Carefully Planned. Thaw’s escape evidently was care fully planned and consummated with out a hitch. He was aided by five men, four of whom came to Mattea wan and registered at the village ho tel four days ago. The fifth, sup posed to be the driver of the big car, came Saturday and registered under the name of Thomas Flood, of New York. The others gave their name* as Roger Thompson, Richard D. Bustle, Michael O’Keefe and Eugene Duffy, all of New York. They brought with them a black limousine and a black touring car, the most powerful ma chines ever housed at a Matteawan garage. The limousine was aban doned after Thaw made his spectacu lar dash for liberty. The four men who came first spent most of their time in the barroom of the hotel, and earned the name of “easy spenders.” They talked vol ubly on a number of subjects, but refused to divulge the nature of their business in Matteawan. Thompson replied to all questions with a grin and the statement that his business was “helping good fellows who have gotten into trouble.” Signal Is Given. At 7:30 o’clock Sunday morning Harry Thaw. long since risen and fully dressed, paced slowly back and forth 1n his room, with now and then a glance through the barred windows. Ten minutes before the execution of the escape plans, Thaw took hi* last look through the bars. He saw the big black touring can trailed by the limousine, loafing slow ly along the road, apparently with no particular destination or purpose. He saw the touring car give one crazy lurch across the highway, the signal agreed upon. In front of the cars the milkman’s wagon, that was to open the doors of the asylum to free, dom, Jangled and clanged With Kg load. Thaw gave a last glance around tbs bare room In which he had spent his time since he was adjudged insane, thrusting Into his pocket* the few knieknacks he prized. Carelessly be sauntered through the corridors and out into the courtyard, whistling. Howard Barnum, the keeper on du*y at the gate, saw nothing unusual in the apeparance of Thaw. The slayer of Stanford White, by hi* con duct at the asylum, had become a "trusty," and no thought of his es cape w’as entertained. He paid n«* attention when Thaw moved toward the gate. He Dashes Through Gate. l As the Jangling milk wagon drew up In front of the asylum gates, the touring car and limousine came alongside and stopped, but their en gines kept throbbing. Thaw moved closer to the gate. He stopped whis tling .and stood poised, ready for the dash. The milkman drove up with a clatter. Barnum opened the gate without a glance at Thaw. A figure dashed past him, brushing his coat sleeve—and Harry Thaw was running across the road toward the automo biles. The man in the driver's seat swung open the door of the tonneau. Four pairs of hands dragged Thaw into the machine. There was a grinding crash as the gears were thrown into position, a blinding cloud of dust and smoke—and tjie big car plunged up the road. In your hand you hold a five-cent piece. Right at the grocer’s hand is a moisture-proof pack age of Uneeda Biscuit. He hands you the package— you hand him the coin. A trifling transaction? No! A remarkable one—for you have spent the smallest sum that will buy a package of good food; and the grocer has sold you the most nutritious food made from flour—as clean and crisp and delicious as it was when it came from the oven. NATIONAL BISCUIT COMPANY SEMI-ANNUAL STATEMENT For the six months ending June 30, 1913, of the condition of the Franklin Life Insurance Company OF SPRINGFIELD, ILL., Organized under the laws of the State of Illinois, made to the Governor of the State of Georgia In pursuance to the laws of said State. Principal of fice, Sixth and Lawrence, Springfield, Ill. I. CAPITAL STOCK. Amount of capital stock » 100,000.00 Amount of capital stock paid up In cash 100,000.00 II. ASSETS. Total assets •- ..$6,039,945.90 Less unadmitted assets .. ., .. .. .. .. 80,447.81 UNTIL AUGUST 15th ■R. R. FARE ALLOWED 2S MILES' I Admitted assets .. $5,969,498.03 j III. LIABILITIES. ' Total liabilities .. $5,959,498.03 | IV. INCOME DURING THE FIRST SIX MONTHS OF THE YEAR 1913. Total Income $ 843,189.91 ! V. DISBURSEMENTS DURING THE FIRST SIX MONTHS OF THE YEAR 1913. I Total disbursements ..$ 741,745.63 | Greatest amount insured in any one risk $ 15,000.00 Total amount of Insurance outstanding 45,411,123.00 A copy of the act of Incorporation, duly certified, Is of file in the office of the Insurance Commissioner, STATE OF ILLINOIS—County of Sangamon. Personally appeared before the undersigned Henry Abels, who, being duly sworn, deposes and says that he is the secretary of the Franklin Life Insurance Company, and that the foregoing statement is correct and true. HENRY ABELS. Sworn to and subscribed before me this 15th day of August, 1913. WILL TAYLOR, Notary Public.