Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 19, 1913, Image 3

Below is the OCR text representation for this newspapers page.

i A 3 THE ATLANTA GEORGIAN ANT) NETS. MOTHER OF LEO FRANK BEST PLEA PBESENTEB IN HIS DEFENSE SO FAR By JAMES So far, unquestionably, to my way of thinking: Leo Frank himself has oiade the best and most appealing plea In behalf of Leo Frank. His statement In the recital thereof was as clean cut, as dignified, as dis passionate and as convincing as any statement I ever heard from the wit ness stand, and I have heard hun dreds. Regardless of its merits—or, at least, aside from that—the defend ant acquitted himself with credit, and that much may be said of him un grudgingly and in the frankest fair ness to all parties concerned. Of course, had Frank been nerv ous, hesitating, “fidgety,” or seeming ly in any wise disconcerted, there would be those, perhaps, who would nave seen in that great evidence of his guiltv-and by the same token, In that he was calm, poised, self-pos sessed, even smiling at intervals, there will be those who see in that pvldence of a monstrous coldness and anfeeling design. The vast majority of those who neard that remarkable statement, however, must have been Impressed by, at least, the apparent sincerity of it and the seeming inclination In the defendant to hold back nothing. In its recital the statement of Leo F*rank was wonderful—in Its writtea form, stripped of the man’s personal ity, it still is a human document of Intense and absorbing interest. It impressed me, too. as being n many ways characteristic of Frank as I have come to know him of late— and I never spoke one word to him in all my life. I have come to know him as the prisoner sitting over there between :he two women in the courtroom— Che slight, spectacled party, a seat or two beyond Luther Rosser and Reu ben Arnold. I have come to know him, in my way of knowing person* charged with grave crimes, not by way of personal touch so much as by constant obser vation of him under fire. Repression Makes the Story. All that was dramatic in Frank’s statement was repressed—the dramat ic touch was there, to be sure, but the red fire and the usual accom panying stage tricks were not. If Frank should undertake to sell me a gross of pencil*. I should ex pect him to tell me the truth about the pencils, and nothing but the truth —but I should expect him neverthe less to sell me the pencils at a profit. His statement of Monday seemed to me a recital much after the fashion I should expect from him In the oen- dl transaction. To me, it* seemed that Frank was undertaking to tell the truth and nothing but the truth of the Mary Phagan murder, as he knows the truth—and to tell it at a profit to himself. That is the best and the worst that I can say of Leo Frank’s state ment. as it appealed to me. True; In a transaction involving a mere gross of pencils, there would he lacking all the great elements that entered into the statement Frank made on Monday—and yet. at that, neither subject matter i«, in it* final analysis, anything more or less than something about which the simple truth should be told. Frank looked the jury fairly and squarely in the eye when he was mak ing his statement—and not once did he hesitate or falter in stating his 'plea. Contrast the statement of the de fendant with the statement of the negTO—the star witness summoned against him. Frank’s Day in Court. Now, Monday was Frank’s day in court, and it is square and right that Frank's showing should be criticised freely and frankly—it is right that his statement should be praised, if it seemed to deserve praise, just as it should be condemned, if it seemed to merit that melancholy fate. Contrast it, therefore, with the statement of Conley! Argue the matter with yourself. Certainly, Frank has behind him a long period of decent life, good rep utation, business integrity, and home lappiness—and Conley has, what? Take the two stories—and upon these two stories the verdict in the Frank case must turn eventually— uid weigh them, side by side, honest ly, without prejudice, and in the light }f a clean conscience. What is your answer? What will be the Jury’s answer? The field of speculation thus opened is most engaging, and it will, if one but undertake to enter it seriously and with open mind, be well worth :he entering. In the matter of his character, Frank said little. He entered simple denials to some few things cited against him. He was willing to be cross-exam ined on his statement. He himself insisted that his general character be put In issue. He furnished the State with the first information it ever had that Conley could write. All tV'e way through, his statement rang * B. NEVIN. dare to the State to prove anything vile in him whatever! Now, then, people will differ as to the EFFECT Frank’s statement will and ought to have on the jury. Maybe it is a clever evasion of a grave issue—maybe it is possible of rebuttal, and maybe it will be broken down. Impressively Delivered. The fact remains that it was most impressively delivered.^ and carried with it every emphasis of apparent truth and straightforwardness! It is my opinion now that the State has in Frank’s statement the hard est thing to get away from that yet has been tendered to it. It contradicts the State at points that the defense has been able to for tify abundantly with facts. It makes more necessary than ever before the complete success of the State's efforts to break down Frank’s good name. For 1 think it safe to predict that unless the State DOES demolish Frank utterly, the wonderful state ment he made on Monday more than likely will serve in connection with the other things set up—to clear him of the charge of murdering Mary Phagan! rt matters not, so far as this arti cle is concerned, moreover, w’hether the statement ought to clear him— the prospect is that It WILL clear him unless the State can batter it down and collapse It entirely! The defendant touched upon every phase of the State's case against him —the happiness of his home, his nervousness on the morning of the murder, his movements on the day of the crime, and the day before, and the day after, his family’s financial resources, his disinclination to talk to Conley, although he at first talked freely to the police officers, his alleged peeping into the girls’ dressing room, his lack of knowled^" of or acquaint ance with the impeached Dalton, his non-association with loose characters, male and female. There was not a point he failed to touch, even though he seemed to touch points now and then with a measure of fine scorn! Is there a gap that Fraak MIGHT let down that he has FAILED to let down? Is there a point involved that Frank has not invited investigation of? Hard to Find Gaps. It is .rather hard to locate any such gaps or points, if they are there. And yet they may be there! Thav Is for the State yet to demonstrate! The State has the full rigor of re buttal, as applied to Frank s state ment, that it enjoys in respect of other evidence. There may be weak points in his story—just as there were weak noints in Conley’s. The point is that they are not nearly so apparent upon the surface of things in the Frank statement. For one thing. Conley made four sworn statements, all contradictory, before he got one finally landed, and Conley admitted freely from the stand that he had lied time and again. On the other hand, Frank's state ment is the first and only sustained and sequenced utterance as to the de tails of his story yet falling from his lips. It must Gtand in its entirety or fall in its entirety. Whatever may be the efTect of that statement in the end, it will go down in the criminal history of Georgia as one of the most remarkably clear and apparently convincing statements ever falling from a defendant’s lips. When the State gets through with it, the statement^ may be shot to pieces and rendered utterly ineffective. As it stands to-day, however, I hardly think a dozen people who heard it will deny the profound im pression it made, and tfye present probability of its determining effect upon the minds of the jury. The defense has played its best card in Leo Frank's statement. It remains yet to be seen, how ever, whether that card is sufficient to win the easel Wife at Last Breaks Down, Overcome by Frank’s Story After having braved every trying courtroom ordeal arid faced every horrible charge hurled at her hus band with a stoicism almost as un flinching and imperturbable as his. Mrs. Leo Frank gave away complete ly to her emotions and sobbed unre strainedly as Frank said the last words of his wonderful and most im pressive address to the Jury Monday. It was the final dramatic touch to a situation that had held a courtroom full of spectators in an irresistible thrall through four long hours of the afternoon. The spell that had been cast over the room by the quiet but earnest words of the slight young factory superintendent was broken by the tones of the deputies, who shouted the moment Frank rose to leave the witness chair: "Keep your seats, gentlemen, while the Jury passes out.” Frank Rushes to Wife. In the confusion that followed some did not notice that Frank rushed right to the side of his wife, who had thrown her head in her arms and was shaking with pitiful sobs as she moaned his name again and again. The woman who had steeled herself against the accusations and innuen does of the Solicitor General during the three long weeks of the trial col lapsed when her husband himself took the stand to declare his inno cence. Many who had rushed into the in closure to give their congratulations to Frank oaused as they observed the piteous figure. The jurors, already deeply im pressed by the talk of Frank, were freshly touched by this exhibition of emotion. They had arisen to file over to the Kimball House. Juror Johen- ning, at the head of the line, stood for several minutes with tears run ning down his cheeks, oblivious of the fact that he was blocking the rest of the jurors and that three deputies were waiting to take them on their way. Deputy Sheriff Plennie Miner leaned against the railing of the inclosure. There was a suspicious moisture ip his eyes, which have grown accus tomed to many tragic and affecting spectacles. Troublesome Lump Rises. Very few in the courtroom had much to say until they had managed to subdue that troublesome lump that persisted in rising in their throats. "Rube, that boy put it all over you and me,” muttered massive Luther Rosser, huskily, to Reuoen Arnold, his partner in the case. For many minutes after the packed courtroom had emptied itself a little group of persons remained in front of the judge's bench. Mrs. Frank, the wife of the man accused of the re volting murder, and the elder Mrs. Frank, his mother, were weeping hys terically, overcome by the appeal that had been made. Relatives surround ed them. Frank talked comfortingly to them for several minutes, and then, feeling in danger of breaking down himself, signaled Sheriff Mangum and returned to his cell in the Tower. Suffragettes Want Baby Booth at Fairs NEW YORK. Aug. 19.—Among the things that the suffragettes, headed by Harriet Stanton Blatch. want is a pocket in their skirts and a place at fairs where women can check their babies. Mrs. Blatch visited a number of fairs throughout the State and de clares It a crying shame that at not one of them did she find a place where mothers could leave their babies while they rambled around the park. Gives Up Bad Checks, Admitting Forgery MOBILE, Aug. 19.—When arrested on the charge of passing forged checks hist night in a Royal street restaurant and taken before Chief of Police F. W. Crenshaw, J. A. Ball, a bookkeeper claiming I*aurel, Miss., where *he says his mother residen, as his home, admitted his guilt. Ball, when seached at the police station, had a total of $315 in forged checks in his pockets. Moonshiner Slays Man in Pistol Duel Bulgar Plot to Slay All Turks Reported LEXINGTON, Aug. 19.—In a pis tol duel at Burnside, Ky., between Joshua Carter, a moonshiner, and John Fitzgerald and Town Marshal John Coomer, Fitzgerald was killed and Coomer wounded by Carter. The slayer forced a ferryman to row him across a river when pursued by a posse. Officers wounded him as he escaped to the mountains. A posse is in pursuit. Special Cable to The Atlanta Georgian. CONSTANTINOPLE, Aug. 19. — Evidence of a conspiracy of Bulga rians to rise up in Adrianople and massacre all the Turks has been dis covered, it was declared in a telegram received here to-day by the Grand Vizier. The contents or the message were turned over to the foreign diplo mats to support Turkey’s contention that an army is necessary at Adrian ople to protect the Turkish civilians from Bulgarian outrages. ID DIN! GIT Accused Will Attempt to Put Part of the Blame at the Door of Another Man. SAN FRANCISCO. Auk. 19.—Whvn his trial was resumed before Fed eral Judge Van Fleet to-day Maury I. Diggs was the first witness called to deny that he was guilty of violat ing the white slavery law in eloping to Reno with Marsha Warrington, Drew Caminetti and Lola Norris. It was contended by counsel for the defense that Diggs and Caminetti did not take the two girls to Reno for immoral purposes, but to escape ar rest and prosecution by their wives. That Diggs wJll attempt to make a Sacramento man share responsibility for the downfall of Marsha Warring ton was one of the things hinted at to-day by persons in his confidence. Whether Judge Van Fleet will allow testimony of this character, however, was problematical. Diggs will be followed on the stand by his wife and Mrs. Caminetti. Caminetti will also be a witness. The appearance of the wives of the young men at the trial promised to invest it with renewed interest to day. Mrs. Diggs, a handsome bru nette, was in court with her young daughter, Evelyn, several days last week. Both Mrs. Diggs and Mrs. Cami netti will testify that they had threatened their husbands and their girl affinities with prosecution by the Juvenile Court of Sacramento and that these threats primarily were re sponsible for their flight to Reno. Marshall Woodworth, one of the attorneys associated in the defense, said that the outcome of the Diggs trial would have no effect on the plans for the trial of Caminetti. Ac cording to Woodworth, Caminetti in tends to adhere to his plea of not guilty and stand trial whether Diggs is convicted or freed. New Insurance Firm Open for Business Announcement of the establishment of the French & Lochridge Insurance Agency was made Tuesday morning by T. B. French and Clifford L. Loch’- ridge. The new agency takes its place among the business enterprises of Atlanta with every prospect of suc cess. Mr. French and Mr. Lochridge were with The Atlanta Constitution for several vears and have made u;i extensive study of ail forms of in surance. They have obtained the local agen • cy for-lwo of the leading companies of the United States and a German company. Associated with them a John R. ("Jake”) Rauschenberg, a widely known insurance man. The offices of the new agency are in the Candler Building. Anniston Has World’s Biggest Casting Pits ANNISTON, Aug. 19.—Anniston’s latest world-beater comes in the form of the largest casting pits in exis tence, it is said, at the new plant of the Lynchburg Foundry Company, which is nearing completion. The plant will make pressure pipe. Although there are labor-saving de vices on every hand at the new plant, it is said that it will employ 200 men when it 1m put into blast, and when the other two ptts are completed this number will be doubled. ALABAMA MILITIA CAMP. MOBILE, Aug. 19.—The artillery encampment and that of the officers' school of the Alabama National Guard will be held here September 15 to 23, according to announcement of Adju tant General J. B. Scully. Officer’s Wounds Are Serious Following Attempt to Close Store in East Point. Bailiff J. P. Gaddy is lying serious ly wounded at his home in East Point Tuesday morning, with bullet wounds in his breast, shoulder and right arm, following a pistol battle with J. J. Willis, an East Point storekeeper, late Monday afternoon. Willis fired six shots at Gaddy when the officer attempted to place him under arrest or. a warrant charg ing contempt of court. A few min utes after the shooting Willis was arrested by Policeman Creel, of Col lege Park, while trying to make his escape into the open country. Gaddy was taken to his home at No. 4 Pine street, in East Point, and his wounds dressed by Dr. E. C. Suggs. Four of the shots fired by Willis took effect, the first entering the right breast and ranging downward under the left arm, th e second shattered the bones of the right elbow, and the last two striking the officer in the shoul der. Dr. Suggs stated last night that Gaddy will live. The warrant for Willis’ arrest was issued because he had opened his store in violation of a writ of attach ment served upon him several weeks ago. after George Harris, a cotton mill worker, had obtained a judg ment for $1,000 against Willis for false imprisonment. Willis had pre viously had Harris arrested on a charge of obtaining goods under false pretenses, and bad lost the case. "When 1 went after Willis I was accompanied by my brother-in-law, John Wynn," said Sheriff Gaddy in telling of the shooting. "We found Willis sitting on the steps of his store. When he saw us he ran into the building. When I got inside he covered me with a gun. I told him not to shoot and started for him. He fired, the bullet strikng me in the breast. I then drew my gun, but be fore I could shoot another bullet struck me In the elbow. I was help less, and staggered out of the front door. As I did so Willis fired four times and two of the bullets struck me in the back.” Special Session Idea In Alabama Growing BIRMINGHAM, Aug. 19.—That Governor O’Neal may call a special session of the Legislature In order to straighten out the United States Senatorial muddle appears more like ly to-day. The anti-fee system advocates in Jefferson County, the largest county in the State, are working hard to have Included in the call for the spe cial session the anti-fee system bill. It i» pointed out that the Sheriff of Jefferson County gets in'fees almost as much per annum as did the Pres ident of the United States before the last increase in salary of the latter. Aged Fat Man in Furs With Mercury at 100 BOSTON, Aug. 19.—While the street thermometers registered 100 here, a man aged and fat, wearing a heavy winter suit, a heavy ulster that reached th e ground, heavy shoes and a fur cap, with the laps turned down over the ears, was seen wandering about the streets, seemingly cool. 3 Years in Prison For Selling Liquor MERIDIAN, MISS.. Aug. 19.—Prob ably the heaviest sentence ever Im posed for the illegal sale of liquor in this State was given when Tray- ant Johnson, a cripple, to-day was given three years in the penitentiary. The law makes the third sale of liquor a penitentiary offense. JAMES L. DICKEY, Jr., & CO. INSURANCE 317 Equitable Building Atlanta, Ga. SEMI-ANNUAL STATEMENT For the six months ending June 30, 1913, of the condition of the COLUMBIA INSURANCE COMPANY . . OF JERSEY CITY, Organized under the laws of the State of New Jersey, made to the Gov ernor of the State of Georgia, in pursuance of the laws of said State. Principal Office—15 Exchange Place, Jersey City, N. J. I. CAPITAL STOCK. Whole amount of capital stock $400,000.00 Amount paid up in cash 400,000.00 II. ASSETS. Total assets of the company, actual cash market value . ... $973,013.46 III. LIABILITIES. Total liabilities - $973,013.46 IV. INCOME DURING THE FIRST SIX MONTHS OF THE YEAR 1913. Total income actually received during the first six months in cash $344,593.78 V EXPENDITURES DURING THE FIRST SIX MONTHS OF THE YEAR 1913. Total expenditures during the first six months of the year in cash $203 571.24 Greatest amount insured in any one risk $ 40,000.00 Total amount of insurance outstanding 15,598,951.00 A copy of the act of incorporation, duly certified, is of file in the of fice of the Insurance Commissioner. STATE OF GEORGIA—County of Fulton. Personally appeared befora the undersigned James L. Dickey. Jr., who, being duly sworn, deposes and says that he is the agent of the Columbia Insurance Company, and that the foregoing statement is cor rect and true. J. L. DICKEY, JR. Sworn to and subscribed before me this 16th day of August, 1913. ’ C. T BERGSTROM, Notary Public. Fulton County, Georgia. Namttof Agents at Atlanta—JAMES L. DICKEY, JR., & CO. and COKE DAVI-. r j V ^ ■ i AMERICA’S CHAMPION HUSBAND, NAT GOODWIN has come to the rescue of downtrodden men who dare not speak their minds, and reveals all the joys and heartaches of mat rimony in “WHAT I THINK OF MY FIVE WIVES” This daring actor in his new role ex plains how he found wife No. 1 "Like a Mother,” No. 2 "An Obligation,” Maxine Elliott a "Roman Senator,” Edna Good rich 44 An Error,” and No. 5 his ““Life Pre server.” This will all appear in NEXT SUNDAY’S AMERICAN with the eountless other features which have made The American the leading 'newspaper of the South, as well as a posi-" tive joy to the readers of Dixie. Lady Duff Gordon, who, as Lucille of London, is equally famous, will entertain her fol lowers with a description of MARRIAGE MARKET GOWNS with which far-seeing mothers enhance the charms of their debutante daughters. And coming down to the doings of fash ionable Atlanta you will find that P01LY PEACHTREE was among those present at ail the func tions of the inner circle, and will tell about them in her usual sprightly style. Moreover, baseball fans, as well as those who never see a game, will find a fascinat ing story in THE PLOT FOR THE PENNANT by Hugh 8. Fullerton, which begins in this issue. So, why worry about your Sunday reading when you know thal in addition to these great features and a dozen others, you caji have all the news of the whole universe—sports, financial, foreign, political and local—delivered at your front door for 5 cents 1 ? Better elipch the bargain at once, and order from your dealer or by phoning Main 100. J ■ 1 1 ■"