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3 OBJECTION TO CHARACTER ATTACK PUTS DEFENSE IN ANOMALOUS POSITION By JAMES B. NEVIN. The public, tluit is to say ta' sec tion of thep ublic willing to be fair and wanting to be convinced accord ing to the facts, should remember, in •eoking to steady itself In considering the Prank cae^ that as the story of Jim Conley was the climax of the State’s case, so the statement of Leo Frank was thee Umax of the defense’s case. It should renaember that both statements are to be weighed care fully and analytically—that conclu sions are to be jumped at from neither. The horror of 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. Bye and Bye. 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 *ure to be Just, if given time anfl opportunity, yet prone ever to be rushed along heedlessly in the beginning of terrible stories! It 1$ 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 juft, and It Is true to Itself. All tt asks —or all it needs—Is a chance to re gain its balance, after having been knocked this way or that by a stunn ing 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 ao surface Indications go. that ever fell fro-m the lips of a defendant In Georgia, still is not sufficient, and should not be sufficient, within itself to warrant the public now in rushing to the conclusion that he is inocet. 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, an*i 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 dally. 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 •tring that binds them is mine own!’’ When the storm signals have seem ed fair for Frank, I have so set kt 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 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 civilisa 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 fashio I undertake to stand by my Ideals. Justice the Real End. Frank Hooper promulgated a plat form all can affard 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 covictig the murderer of little Mary Phagan!” So long as you feel that way about it, you are on safe and solid ground; but once you get away from tuat 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 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 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 impression it made upon the public, the State has succeeded in recovering a good deal of ground, nevertheless; i and it probably is true to-day that it j stands about as firm as it ever did, if j not firmer. It is conceded that the State lost heavily from a legal standpoint when the presiding judge decided or. 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 to 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 th« 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 Frank 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 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 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 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 he 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 I THE ATLANTA UTJUKU1AN AND NEWS. ASSURED Manufacturers Propose to Lease Top Floors of Chamber of Commerce Building. The success of the proposed Atlan ta Manufacturers’ Exposition was practically assured at the luncheon given to a number of manufacturer* by the Chamber of Commerce at the Hotel Ansley. About 50 manufactur ers were present at the luncheon, and the majority of them added their names to the 34 who had previously signed for space. In the absence of Brooks Morgan, chairman of the exposition commit tee, V. H. Kriegshaber took charge of the meeting. He explained the prop osition of renting the top four floors of the new Chamber of Commerce Building as a permanent exposition of Atlanta-made goods, and outlined the plan of the exhibit. He stated that a competent man would he In charge to explain the ex hibits to visitors and get prospective buyers in touch with the manufactur ers. He also told of the various plans for advertising the exhibit. Asa G. Cajidier told of the many manufacturers' exhibits he had visit ed in various sections of the coun try, and heartily indorsed one for At lanta. He urged better co-operation between the members of the Cham ber of Commerce. W. L. Moore, president of the Cham ber of Commerce, spoke of the ob jections that had been raised because of the three-year term of contract in leasing space and the price charged. He explained the necessity of the stipulated terms and outlined the plan by which the new building was made possible. A resolution introduced before the City Council by Alderman Nutting, providing for the renting of space by the city for an exhibit with special reference to the schools and other large public improvements, was read This resolution has been adopted and spare has been arranged for. The final speaker was O. T. Camp, president of the Retail Grocers’ As sociation. who stated that the grocers and butchers of Atlanta were behind the exhibit and intend to push At lanta food products on all occasions. Wednesday has been made a special day for home products. About 60 guests and manufacturers ^ ere present. The Terfecl Baby Of the Future A 6!mple Method That Has a Wonder- ful Influence Upon the Future Infant Too much enu not be said for a wonderful rem edy. familiar to many women as Mother** Friend. It Is more eloquent in it* action than all the health rule* ever laid down for the guidance of expectant Frank, I think—and certainly not in justice to the State! Sometime.s 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, hut there may be some complaint as to their illuminating the subject matter in hand. Perhaps the initial mistake was made when 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. German Marine to Have Fair Exhibit Special Cable to The Atlanta Georgian. HAMBURG. GERMANY, Aug. 20 — Offlclafs of the Hamburg-American Steamship line to-day declared that the steamship line would have an ex hibit at the Panama Exposition in San Francisco in 1915 despite thy fact that the German Government re fused to participate in the fair. New York Couple Weds in Cemetery NEW YORK. Aug. 20—A cemetery is where Miss Jennie Kocher Berger and Fred Staberman are. going to be married on August 27. The wedding will take place at Flushing, N. Y. The girl’s father is superintendent of the cemetery. ^■ ■■■'—- 1 ——J‘- 1* A Beautiful Face S with clear eyes—unwrinkled skin S and vivacious manner comes to the 5 girl wbc .s freed from the nervoua ST tension—the headaches, backaches and pain that sap her strength at «5 irregular intervals and make her old C before her time. She can be rea- -jjj cued from such slavery by taking £ the right remedy. jjj Dr. Pierce’* Favorite Prescription ZZ has been sold by druggists for K over forty years and always gives S satisfaction. 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 goi that man and others to carry him aboard an express train hound for Ndw 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. mother*. It ts an external application that gpiea<li It* Influence upon *11 th* cord*, muacle*. ligaments and tendons that nature calls Into play; they «- pand gracefully without pain, without strain, and thus leave the mind care free and In >oy<>us antle- 1 ipatlon of the greatest at all womauly ambition. Mother's Friend mu«rt therefore be considered aa directly a most imporant Influence upon th* Char acter and dljaualtlon of the future generation. It la a conceded fact that, with nausea, pain, ner vousness and dreed banished, there 1* stored up such an abundance of healthy energy aa to bring Into being th# highest Idtals of those who fondly theorise on th* ruloe that Insure the coming of the perfect baby. Mother's Friend can be had at any drugflst at |1.00 a bottle, and It is unquestionably one or those remedies that always has a place among the cher ished few in Uie medicine cabinet. Mother's Friend la prepared by the Bradfleld Reg al a tor Co.. 138 I.unar Bldg, A riant*, (la., after 4 formula at a noted family doctor. Write them for a very Instructive book to ex pectant mothers. See that your druggist will supply veu with Mother's JTtfMUL Soda crackers are more nu tritive than any other flour food. ITneeda Biscuit are the perfect soda crackers. Though the cost is but five cents, Uneeda Biscuit are too good, too nourishing, too crisp, to he bought merely as an economy. Buy them because of their fresh ness—because of their crispness— because of their goodness—because of their nourishment. Always 5 cents. Always fresh, crisp and clean. . NATIONAL BISCUIT COMPANY This beautiful American Flag, the very latest, with 48 stars, made of fine bunting. Cut out Coupon below, and bring to THE HEARST’S SUNDAY AMERICAN and ATLANTA GEORGIAN Of fice, with 90 cents, and secure one of these beautiful flags. THIS 00UP0N and 00c entitles the holder to an American Flag, 5 feet by 8 feet, when presented at our offices, HEARST’S SUNDAY AMERICAN THE ATLANTA GEORGIAN 20 EAST ALABAMA ST. 80 PEACHTREE ST. Flags will be mailed at an additional charge of lOo for postage. Every man is proud to say he is an American, and it is his duty to see that “Old Glory is flung to the breeze” on every appropriate occasion. See that you have one of these flags at your office or at your home. Take advantage of this offer. 35 Peachtree Street Alabama Street ATLANTA, GA.