Newspaper Page Text
THE ATLANTA GEORGIAN AND NEWS.
ATTACK PUTS DEFENSE
TWO GIRL BRIDES WHO TESTIFIED
IN DEFENSE OF FORMER EMPLOYER
Mrs.
Ida
Miller.
By JAMES B. NEVIN
The public, that Is to say that sec
tion of the public willing to be fair
and wanting to be convinced accord
ing to the facts, sihould remember, in
seeking to steady itself in considering
the Frank ca*s that as the story of
Jim Conley was the climax of the
Tcate's case, so the statement of Leo
Frank was the climax of the defense's
esse.
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 in
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
swing back more or less to the nor
mal.
That is the way it is with the pub
lic mind—always wanting to be Just,
and always mire to be Just, if given
time and opportunity, yet prone 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
—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 ward off when delivered.
Leo Frank’s remarkable statement
to the Jury Monday, certainly one of
the most convincing statements, so
far an 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 nubile 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
somewhere 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. Iam 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, I 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 wish never has
been father to the thought—save iu
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 5*tand for, and what none of
us can afford NOT to stand for, is
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
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 way and after my own
fashion I undertake to stand by my
ideals
Justice the Real End.
Frank Hooper promulgated a plat
form all can afford to mount and
fight upon, when he said, before this
cafe 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
it. you are on safe and solid ground;
but once you get away from that
standpoint, you begin groping and lis
tening to tty* 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
Anglo-Saxon civilization, even as im
perfect as that yet is, the verdict
finally recorded under the law will
provide you a sheet anchor against
Mrs. W. R.
Johnson,
who before her
marriage was
employed at
the pencil
factory.
:*r -\v
t . \
^ ' "■ / • ■ -j
/ ■ '
4 • ,
i v ’:‘ 'vs-?' •.
l
U: • /
* •
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 be 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 what 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 dar e 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
then, after having been challenged to
do so, of being estopped from proceed
ing!
In all fairness to the State—and to
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 the State to do its worst, if it
could. And now the State is shut off,
upon the 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 un 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 Frank personally
has seemed to be that of inviting the
closest and most searching investiga
tion into every phase of the charge
against blm—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 that
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 uis 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 was 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 willing 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 down
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, notwithstanding.
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 when the defence 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 Krtel
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 hi» 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 hi
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 was 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 was 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 town if she had taken a car
at Lindsay street, on which she lived,
at 11:50. Kenley estimated that it
would be 12.10 or 12:05 at the earliest.
It has been accepted by both the
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
in the event Frank was 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.
Tell* of Frank and Mary Phagan.
Will Turner,, a 16-year-old lad who
formerly worked at the pencil far
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 toward
the murdered girl and almost conclu
sive of his acquaintance with 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.
Frank’s attorneys represented to
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 was nothing in
the boy's testimony, they said, which
went to disprove Frank’s declaration
that he did not know the girl by
name. Judgo 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 the
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 s
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 that Frank’s character waa
“bad.” She declared she did not know
his general character, as she had been
at the factory only two days. Dorsey
claimed that he had been misled and
trapped.
George Gordon, who figured as the
mysteriously silent attorney for Ml-
nola McKnight, the negro cook at the
Selig home, when she was locked up
for the purpose o£ getting from her
an affidavit against Frank, testified
that he was not present when she pu«
her signature to the documedt. lie
said that Dorsey would not order her
release for fear of “getting in bad with
the detectives.” He charged that she
was held illegally and without a war
rant.
Wounds of Milien Bride, Shot by
Divorced Wife, Fatal—Pris
oner Laughs Over Crime.
MILLEN, Aug. 20. Ignorant of the
fact that her husband had been
fatally shot, Mrs. Florence R. Godbee,
third wdfe of Judge VV. 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 burled with
Masonic honors t 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” jail to await
trial in Jenkins Superior Court in
September, when she will face two
charges of murder. According to her
attorneys she will waive preliminary
hearing and. not seek bail.
Laughs. Over Tragedy.
Mrs. Godbee was arrested and
Jailed within 3ft 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 w’as 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 low’er 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 w’as bitterly dis
appointed. This was about five years
ago.
Married Th'-rd 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 lived at her home here with
her daughter, Mis*« Sarah Godbee, IS
years old. There are two other chil
dren—Frank Godbee, of Swainsboro,
and King Godbee, of Augusta.
Uses Wheel Chair
In Fleeing Hospital
STAMFORD, CONN., Aug 20.—
Stanford Palmer, 70, a veteran of
the Civil War, who is an invalid,
w’heeled 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 an express train bound for
New York.
When Palmer’s absence was noted,
inquiry was made of the New York
police, but tt)is didn't find the veteran.
It Is believed he went to Brooklyn,
where he has friends.
100,000 at Work on
Roads in Missouri
Dices s«
Accused’s Story on Stand Con
sidered Unfavorable to Him.
Pleads He Feared Father.
KANSAS CITY, Aug. 20.—Nearly
100,000 business men and fanners of
Missouri took up their /picks and
shovebi at daylight to-day and began
two days of work on the roads of
Missouri.
In some places the heat was ter
rific. 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.”
Chinese Rebel Chief
In Search of Funds
Special Cable to The Atlanta Georgian.
TOKIO, Aug. 20— Dr. Sun Yat Sen.
first President of China and one of
the instigators of the present revolu
tion in Southern China, who arrived
at Yokohama yesterday, left to-day
for Canada.
It was said here that Dr. Sun will
cross Canada and sail for England
from the eastern coast. He expects
to raise funds in England to further
the cause of revolution in China.
Buffalo Bill' Weeps
As Pet Horse Is Sold
DENVER. COLO., Aug. 2ft.—Colonel
W. K. Cody, “Buffalo Bill,” wept when
his famous horse, Isham, which he has
ridden for nearly 25 years, was put on
the auction block.
The proceeds of the sale will be ap
plied on liens against the Buffalo Bill
Wild West Show and Pawnee Bill's Far
fiast Show, which went Into bankruptcy
recently.
SAN FRANCISCO. Aug. 20.—The
case of Maury I. Diggs, charged with
violation of the Mann white slave law
In transporting Marsha Warrington,
a 19-year-old Sacramento girl, fronv
one S^gte to another for immoral
purposes, will be In the hands of
the Jury before to-night.
Arguments which were begun yes
terday will be completed shortly aft
er 4 o’clock this afternoon. Judge
Van Fleet will deliver his charge to ,
the Jury and the twelve men will/
retire to deliberate.
It was the belief of many who have
followed closely the progress of the
trial that Diggs, as a witness in hU
own behalf, made a bad impression
on the Jury His efforts to plac#
entire responsibility for the flight to
Reno at the door of the Warrington
girl, his statements that he was half
crazed with fear on account of tha
reported anger of his wealthy father
because of his numerous escapades,
and the action of the attorneys for
the defense In preventing Diggs tes
tifying with reference to the move
ment of the elopers after they left
Sacramnto, appeared to Impress the
Jurors unfavorably.
Speaking of the wrath of his father,
Diggs said he was afraid of what his
father would do to him. He said he
was so frightened that he was half
crazy and did not know what he was
doing.
He told how he hid from his father
in the Columbia Hotel and how he
spent 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
Court officers, though he denied a
charge that this fear was due to re
lations with young girls of 15 and 17.
Can You Imagine It?
Cincinnati To Be‘Dry’
CINCINNATI. Aug. 20.—Gloom
prevails here. The town Is to be
“dry” on Supdays hereafter, in keep
ing with the orders of Governor Cox.
Saloonkeepers in Kentucky towns
across the river are laying in large
supplies in anticipation of prolonged
visits on Sundays from thirsty
Ohioans.
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.
Suffragist Signs Too
Gandy for Hartford
HARTFORD, CONN., Aug. 2ft.—
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 Mis^s
Elsie Mackenzie and Verna Went
worth, of England.
They are conducting a campaign
through New England. The jwilice
gathered them In when they arrived
here with a wagon generously daubeu
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 city.
Davison-Paxon-Stokes Co.
New and Becoming Dresses
For Girls Are Priced at 69c
i
Tn 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 bv 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 waist -
ed, plaited'skirt, with belt; 2 to 6-year sizes. 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.