Newspaper Page Text
3
THE ATLANTA GEORGIAN AND NEWS.
case.
That is the way it is with the pub
lic mind—always wanting to be just,
and always sure to be just, if given
time and opportunity, yet prope ever
to be rushed along heedlessly in the
beginning of terrible stories!
It is the immediate horror of the
crime that not infrequently distorts
the public’s sense of proportion .pri
marily, and makes it unfair to itself
no less than to other persons con
cerned.
But the public in the end is Just,
and it is true to itself. All it asks
It should remember that both
statements are to be weighed care
fully and analytically—that conclu
sions are to be jumped at from
neither. /
The horror cf the Conley story,
coupled with its unspeakable de
tails, temporarily swept the public
mind Into a seeming solidity of opin
ion hostile to Frank—it carried fn-
stant conviction to hundreds of minds,
through the Sheer force of the sinister
detail it contained.
By and by, however, the public
mind rebounded in a way, and it be
gan taking counsel with itself. And
then came a pause, followed by a
swung back more or less to the nor
mal.
Mrs.
Ida
Miller.
The public, that is to say that sec
tion of the public willing to be fair
and wanting to he convinced accord
ing to the facts, should remember, in
seeking to steady itself in considering
the Frank cas 1 that as the story of
Jim Conley was the climax of the
State’s case, so the statement cf L#eo
Frank was the climax of the defense’s
error and wrong, and you then will
be as right as human ingenuity and
philosophy can make you right.
And after that, you should worry,
I guess!
Since the Frank statement was de
livered, and notwithstanding the fine
PUTS DEFENSE
By JAMES B. NEVIN.
TWO GIRL BRIDES WHO TESTIFIED
IN DEFENSE OF FORMER EMPLOYER
Mrs. W. R.
Johnson,
who before her
marriage was
employed at
the pencil
factory-
—or all it needs—is a chance to re
gain its balance, after having been
knocked this way or that by a stun
ning and unanticipated blow’ it was
not able to w’ard off when delivered.
Leo Frank’s remarkable statement
to the jury Monday, certainly one of
the most convincing statements, so
far ap surface indications go. that
ever fell from the lips of a defendant
in Georgia, still is not sufficient, and
should not be sufficient, within itself
to warrant the oublic now in rushing
to the conclusion that he is innocent.
Pendulum Will Come to Rest.
And so," as in the case of Conley,
while the sentiment of the public
swung heavily in the direction of the
State following the Conley story, and
then swung back in the direction of
the defense following the Frank state
ment. it eventually will right itself
somew’here midway between the two.
perhaps, and then look to the rest of
the evidence as fitting the one or
the other.
A woman correspondent writes
me:
“I have read your articles daily.
Tell me, truly, are you for Frank
or against him? I can not tell
from what you say.”
Now', in a way, I consider that
something of a compliment. I am glad
this correspondent does not know
whether I am for or against Frank,
for I am neither the one nor the
other
I merely visit the courtroom daily,
and “gather me a nosegay of other
men’s flowers; and naught but the
string that binds them is mine own!”
When the storm signals have seem
ed fair for Frank, 1 have so set
it down. When they have seemed
ominous, I have so set that down.
In all the ideas and conclusions f
have transferred to paper in respect
of the Frank trial, the w’ish never has
been father to the thought—save in
that I always have preferred, and al
ways shall prefer, to see a man prove
himself a gentleman rather than a
scoundrel, if he can.
What I do hope to stand for, and
try to stand for. and what none of
us can afford NOT to stand for, is
justice and right, fair play and no
special favors, decency and civiliza
tion, and the supremacy of the law
of the land!
I assure my correspondent that I
am neither for nor against Frank,
but that I am for truth and right, and
in my own w’ay and after my own
fashion I undertake to stand by my
ideal*
Justice the Real End.
Frank Hooper promulgated a plat
form all can afford to mount and
fight upon, when he said, before this
case came on for trial:
“It is not so much a matter of
finding and convicting Leo Frank,
as it is a matter of finding and
convicting the murderer of little
Marv Phagan!’’
So long as you feel that way about
impression it made upon the public,
the State has succeeded in recovering
a good deal of ground, nevertheless;
and it probably is true to-day that it
stands about as firm as it ever did, if
not firmer.
It is conceded that the State lost
heavily from a legal standpoint when
the presiding judge decided on Tues
day not to admit any evidence tend
ing to break down Frank’s character
in specific instances not directly con
nected with the murder of little Mary
Phagan.
When one comes to consider the
matter of public opinion, however, it
may he that the defense in this won
nothing more than a Pyrrhic victory,
at best, and that it might have been
better to let the State go ahead and
prove w'hat it could, if it could prove
anything.
The Solicitor General has said all
along that he was prepared to estab
lish his allegations of gross immoral
ity against Frank; and when Frank
seemed to meet that challenge by in
jecting his general character in is
sue, the public was inclined to ap
plaud and to say that was fair and
square enough.
If the State was “four-flushing”—
which Dorsey solemnly affirmed It
was not—and the defense appeared to
call its hand, the public was honest
enough to grant Frank’s right to do
that, and to approve his dare to the
State.
Effect Is Disconcerting.
When, however, the defense is per
mitted to enter its call, and Dorsey is
then shut off on the threshold of his
attempt to make good on his position,
the effect naturally is somewhat dis
concerting, even 10 those who believe
Frank not guilty.
The State stands now in the posi
tion of having said, unqualifiedly, that
it COULD make good its charges, and
w then, after having been challenged to
St, you are on safe and solid ground; do^so, of being estopped from proceed-
Itate—and to
hut once you get away from that
standpoint, you begin groping and lis
tening to the persuasive plea of your
prejudices and your preconceived
opinions, no matter what they may
be.
When a man is on trial for his life,
you don’t have to be FOR or
AGAINST him—but you DO have to^
be in favor of a fair trial for him!
Then, when everything has been
done in order and according to the
best teachings of a thousand years of
Angh> Oi/S'itn civilization, even as im-
perfe’i' r yet is, the verdict
finally . • > inder the law will
provide . Neet anchor axainst
ing!
In all fairness to the
the defense, too, for that matter—
this seems rather a hardship upon it.
Frank made a brave showing of
good character—he seemed to chal
lenge fcfre State to do its worst, if it
could. And now’ the State is shut off,
upon th e defense’s own motion, from
undertaking to do THE VERY
THING THE DEFENSE HAS VE
HEMENTLY PROTESTED IT
COULD NOT DO!
There is not much difference, as I
see it, in having the impression spread
that the State COULD make good, if
given an opportunity, and that it
DID make good, when given an op
portunity!
The vital thing and the necessary
thing, so far as public opinion is con
cerned. perhaps, is that the defense
show that the State NEVER COULD
MAKE GOOD, IN ANY EVENT!
The court does not permit the in
troduction of irrelevant evidence—and
maybe that is right; it is the law,
anyway—but the public does, partic
ularly when it can not see the irrele
vancy of the evidence.
The attitude of * Y rank personally
has seemed to be that of inviting the
closest and most searching investiga
tion into every phase of the charge
against him—but It seems to me, as 1
said in another article, that the worst
the defense can do for Frank is to
let the impression become fixed tha»
there are some things against which
he sadly NEEDS protection!
So far, Leo Frank himself has made
the very best plea that has been en
tered in behalf of Leo Frank!
He has boldly thrown down the
gauntlet—and he says he made up his
statement in his own way, after his
own mind, and without even consult
ing his lawyers.
He delivered his defense from the
stand in a most convincing manner—
if it was the truth, it was given speed
by being simply told, and in appar
ent candor.
If it was an untruth, it wag deliv
ered with consummate art. Only
Frank and his God can know, for
sure, whether it is the one or the
other!
Willing To Be Cross-examined.
He was reported w illing to be cross-
examined on his statement, if that
might be thought desirable upon the
part of the State, but whether the of
fer actually was made there is no
outspoken evidence.
Nevertheless, it probably will do
Frank no good in the mind of the
public to have it appear that he was
professedly willing enough to let dow n
the bars at every point, but that, for
some reason, the bars were prevented
from being let down—and by Frank’s
own side!
The defense can not hope to eat
its cake and have it too—-that is, it
can not hope to have both those
things unprotested. It can not well
say Frank’s character is above re
proach and then head off the State in
an attempt to prove otherwise.
It can not do that in justice to
Frank. I think—and certainly not in
justice to the State!
Sometimes things are done under
the forms of law that are tactical and
strategic mistakes, riotwithrtanding.
There is no complaint as to their le
gal righteousness, perhaps, but there
may be some complaint as to their
illuminating the subject matter in
hand.
Perhaps the initial mistake was
made w r hen the defense permitted
Conley’s first unspeakable charge to
go unchallenged—when it even cross-
examined Conley upon it—but once
that mistake was made, it may prove
in the end to have been a far better
policy to fight it out to the ultimate
status along that line.
Important testimony was given late
Tuesday by George Kenley, a rtreet
car motorman, and M. E. McCoy, a
painter, of Bolton both of whom
swore they knew’ Mary Phagan and
saw' her at about noon on the day of
the tragedy. It is the contention of
the defense that Mary Phagan did
not leave her street car until 12:07
and could not, therefore, have pre
ceded Monteen Stover, who went to
Frank’s office at 12:05 o’clock, into
the factory.
Hadn’t Thought It Important.
McCoy said that he saw the girl
not more than three or four minutes
after 12 as he was walking south on
Forsyth street. He testified that it
might have been a little earlier than
this. He said he had looked at his
watch only a short time before.
He admitted on cross-examination
that although he had had this infor
mation in his possession all of the
three and a half months during which
the authorities have been searching
for some one who saw’ the girl just
before she entered the factory
had not revealed it until about a
week and a half ago. He explained
that he “hadn’t thought it of any
account.”
Kenley, the motorman. declared
that he saw Mary Phagan just as
she w r as coming off'the viaduct on her
way to the pencil factory. He testi
fied that he was on a street car due
at that point at about noon and that
this was the way he determined the
time it w r as when he saw her. He
said on cross-examination that he
was not positive that the car he was
on was on schedule, but he thought
it was.
Attorney Rosser asked him what
time Mary Phagan could have ar
rived in tow’n if she had taken a car
at Lindsay street, on which she Hved,
at 11:50. Kenley estimated that it
would be 12.10 or 12:05 at the earliest
It has been accepted by both th°
State and the defense that 11:45 is
the approximate time that Mary Pha
gan left home and 11:50 that she took
the car.
Rosser asked Kenley if it was not
true that he had made himself a
nuisance on his car by his continual
vilification of Frank and if he had
not on several occasions declared that
the event Frank w r as freed he
would be one of the first to join a
lynching party. • The witness denied
this even though the names of per
sons to whom he was said to have
made his statements were read to
him.
Tells of Frank and Mary Phagan.
Will Turner, a 16-year-old lad who
formerly worked at the pencil fac
tory, testified that he saw Mary Pha
gan “backing away’’ from Frank one
day in March when he entered the
metal room unexpectedly.
He said that Frank appeared to be
trying to force his attentions upon
the Phagan girl, who was seeking to
evade him and get back to work.
Solicitor Dorsey interpreted this al
leged circumstance as strongly in
dicative of Frank’s, attitude tow’ard
the murdered girl and almost conclu
sive of his acquaintance w’ith her, al
though he has persistently declared
he knew her only as one of the girls
in his factory and not by name.
The Solicitor in an address to the
court on the admissibility of the boy’s
evidence announced it as his opinion
that Frank’s efforts on this occasion
to talk to Mary Phagan were the be
ginning of a series of events which
culminated in the crime.
Frarfk’s attorneys represented f o
the court that the testimony was im
material as it indicated, if it were
true—and they doubted it seriously—
nothing more than that Frank was
talking to her as he would to any of
his employees. There w’as nothing in
the boy’s testimony, they said, which
went to disprove Frank's declaration
that he did not know the girl by
name. Judge Roan, after a large
amount of argument on both sides,
let the testimony go in.
Decisive Defeat for State.
The day was marked by one of tb -
most decisive and important defeats
that the State has suffered since the
beginning of the trial. Solicitor Dor
sey started his threatened attack up
on the character of Frank as soon
as the defense rested early in the
forenoon session, but he had barely
asked ihe first question that gave
promise of sensational testimony be
fore he was estopped by a sharp ob
jection by the defense and a few
minutes later by the decision of Judge
Roan that this sort of testimony
should be excluded.
Dorsey had a number of witnesses
on hand who were to testify to par
ticular acts of alleged immorality on
the part of Frank. By the judge e
ruling none of them will be permit
ted to tell of the grossly improper
conduct with which the young^ su
perintendent is charged by the State.
Every effort of the Solicitor along
this line collapsed throughout the day.
In the afternoon he called Miss Nel
lie Wood, who testified at the Coro
ner’s Inquest. She was expected to
tell, said the Solicitor in his address
to the court, of improper advances
made to her by Frank. She was pre
vented from testifying in this respect,
the attitude of the court being that
Frank was being tried on the charge
of murder and not for any other act.
The Solicitor was unable even to
get from the witness the general as
sertion .hat Frank’s character was
"bad.”
The Best Food-Brink Lunch at Fountains
3C Insist Upon
original OODB
GENUINE 9
Avoid Imitations—Take No Substitute
Rich milk, malted grain, in powder form. More healthful than tea or coffee.
For infants, invalids and growing children. Agrees with the weakest digestion.
Pure nutrition,upbuilding the whole body. Keep it on your sideboard at home.
Invigorates nursing mothers and the aged. A quick lunch prepared in a minute.
Wounds of Millen Bride, Shot by
Divorced Wife, Fatal—Pris
oner Laughs Over Crime.
Uses Wheel Chair
In Fleeing Hospital
STAMFORD, CONN., Aug. 20.—
Stanford Palmer, 70, a veteran of
the Civil War, who is an invalid,
wheeled himself from the Soldiers’
Home Hospital here over a half mile
to the railroad station, where he
asked a railroad employee to buy him
a ticket for New York, and then got
that man and others to carry him
aboard tin express train bound for
New’ York.
When Palmer’s absence was noted,
inquiry was made of the New York
police, but this didn’t find the veteran.
It is believed he went to Brooklyn,
where he has friends.
MILLEN. Aug. 20.—Ignorant of the
fact that her husband had been
fatally shot, Mrs. Florence R. Godbee,
third wdfe of Judge W. S. Godbee, is
dead from wounds inflicted by Mrs.
Edna Perkins Godbee divorced sec
ond wife of the slain Jenkins Coun
ty judge. Mrs. Godbee died in a hos
pital here at 10:35 o’clock Tuesday
night Just a few hours after Judge
Godbee’s body had been buried with
Masonic honors at Waynesboro, his
former home.
Mrs. Edna Perkins Godbee, who was
arrested Monday just after she had
shot down her former husband and
his young wife, remains a prisoner
in the Jenkins Count - ja 11 to await
trial in Jenkins Superior Court in
September, w’hen she will face two
charges of murder. According to her
attorneys she will waive preliminary
hearing and not seek ball.
Laughs Over Tragedy.
Mrs. Godbee was arrested and
jailed wdthin 30 minutes after the
tragedy. After the shooting she
calmly walked by Judge Godbee’s
dead body and started toward home.
After she had walked a short dis
tance she was overtaken by Sheriff
M. G. Johnson, who took her to jail.
On the way to the jail she laughed
about the shooting. She said she had
to kill both, but wanted to kill Mrs
Florence Godbee first. She was shot
three times in the back, one ball going
through the right lung, one lodging in
the left lung and the third piercing
the lower stomach through a hip.
Back of this tragedy is a long list
of marital troubles ending in Mrs. Ed
na Godbee suing Judge Godbee for
divorce. He was wealthy, and in her
suit she asked for a large sum as ali
mony. She gained her divorce, but
lost the alimony, and was bitterly dis
appointed. This was about five years
ago.
Married Third Time.
Early this year Judge Godbee mar
ried Miss Florence Boyer, of Wil
liamsport, Pa. This was his third
marriage. His first wife died years
ago.
The last marriage was another bit
ter disappointment to Mrs. Edna God
bee. She livdd at her home here with
*
her daughter, Miss Sarah Godbee, 18
years old. There are two other chll-
100,000 at Work on
Roads in Missouri
KANSAS CITY, Aug. 2ft.—Nearly
100,000 business men and farmers of
Mkssouri took up their picks and
shovelsi at daylight to-day and began
two days of work on the roads of
Missouri.
In some places the heat was ter
rifle. Many of the volunteer laborers
were not used to the violent exer
cise, but they stuck to their work.
The slogan of the good roads
movement is “Pull Missouri out of the
mud.”
DIGGS SLAVERY
Accused’s Story on Stand Con
sidered Unfavorable to Him.
Pleads He Feared Father.
Suffragist Signs Too
Gaudy for Hartford
HARTFORD. CONN.. Aug. 20.—
There were three highly indignant
suffragists in this town to-day. They
were Elizabeth Freeman, of New’
York, veteran of the hikers to Al
bany and to Washington, and Miss-ies
Elsie Mackenzie and Verna Went
worth, of England.
They are conducting a campaign
through New England. The police
gathered them in when they arrived
here with a wagon generously daubea
with yellow painted pleas for suf
frage. At police headquarters they
were told that it was against the rules
to display such signs within the citv.
dren—Frank Godbee. of Sw’ainshoro.
and King Godbee, of Augusta.
Slain Bride’s Mother
En Route to Millen.
SAVANNAH. Aug. 20— Mrs. G. W.
Boyer, of Williamsport, Pa., mother
of Mrs. Florence Boyer Godbee. who,
with her husband. Judge Walter S.
Godbee, was fatally shot at Millen by
Mrs. Edna Perkins Godbee, divorced
wife of the judge, reached Savan
nah to-day en route to Millen. She
learned of the death of her daughter
last night
Mrs. Boyer states that on Monday
ahe received a letter from her daugh
ter, in which she spoke of her happi
ness in her new home. She had
hardly completed reading the letter
when the telegram came announcing
the killing of Judge Godbee and the
wounding of his bride. Mrs. Boyer
was to have reached Millen yester
day, but w’as delayed en route.
SAN FRANCISCO, Aug. 20.—Th®|
case of Maury I. Diggs, charged with I
violation of the Mann white slave law I
in transporting Marsha Warrington, I
;t 10-year-old Sacramento girl, from I
one State to another for immoral I
purposes, will be in the hands of |
the jury before to-night.
Arguments which were begun yes- I
terdav will he completed shortly aft- [
er 4 o’clock this afternoon. Judge!
Van Fleet will deliver his charge to I
the jury and the twelve men will [
retire to deliberate.
It was the belief of many who have I
followed closely the progress of the I
trial that Diggs, as a witness in hi*|
own behalf, made a bad impression I
on the jury. His efforts to place |
entire responsibility for the flight to I
Reno at the door of the Warrington I
girl, his statements that he was half I
crazed ^vith fear on account of the I
reported anger of his wealthy father
because of his numerous escapades, [
and the action of the attorneys for |
the defense in preventing Diggs tes- j
tifying with reference to the move
ment of the elopers after they left I
sacramnto, appeared to impress the |
jurors unfavorably.
Speaking of th e w’rath of his father, I
Diggs said he was afraid of what his
father would do to him. He said he
w’as so frightened that he was half |
c razy and did not know what he was
doing.
He told how he hid from his father
in the Columbia Hotel and how he
sppnt a day on the outskirts of the
city to keep away from Diggs, Sr.
Diggs admitted that after he had
taken Marsha Warrington into his
own apartment when his wife was
away he arranged a dinner party to
which he brought the girl to sit at |
his table with Mrs. Diggs. He ad
mitted that he feared th e Juvenile I
Court officers, though he denied a |
charge that this fear was due to re
lations with young girls of 15 and 17.
Militants Destroy
Theater With Torch
Special Cable to The Atlanta Georgian.
CHISWICK, ENG., Aug. 20.—Mili
tant suffragettes caused $60,000 dam- !
age here to-day by burning down a |
theater.
The building was destroyed within !
less than an hour, as the interior had
been soaked with oil and grease.
Davison-Paxon-Stokes Co.
New and Becoming Dresses
For Girls Are Priced at 69c
Jn a few days the early fall school wardrobe must be .looked into, '
and the needs of fresh, new wash dresses will be revealed.
Here are new dresses that are intended for just this purpose. They
are beautifully made, in eight different styles, of pretty striped lawns,
light and dark shades, and effectively trimmed. Sizes 6 to 14 years—
priced for to-morrow’s sale at 69c each.
Pretty New Dresses for
Little Tots at 39c
Every one new—they have just come,' and will be gladly wel
comed by mothers who are now finding their children’s wardrobes
dilapidated from the hard summer’s wear.
These dresses are made of sturdy percales, dotted and figured
effects; about six styles—low square neck, short sleeves, long wait
ed, plaited skirt, with belt; 2 to 6-yearkizes. Priced at 39c.
A Sale of New P. N. Corsets
at Special Prices
$1.50 for $2.00 Corsets
$1.00 for $1.50 Corsets
. Every corset in both groups is new. Bought under special condi
tions to sell for less. New models; extra boning; medium and low
busts; extra long; six good supporters attached.