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; •~— VTTF ATLANTA GEORGIAN ANT) NEWS. FRANK CALM AS HOOPER ARGUES TO SEND HIM TO THE GALLOWS Stoically and Unblinkingly He Listens to Scathing Arraignment of State ACCUSED ATTEMPTED TO IEI AND GANTT, STATE SAYS ATTORNEY F. A. HOOPER ARGUING BEFORE JURY Continued from Pege 1. protection of the law Just as any other citizen. "But another thing He la not en titled to any more. He la not, on ac count of hla high position and wealthy connections, entitled to any more than any other defendant The strong arm of the law la strong enough to reach to the highest places and do Justice there. "It la strong enough to reach down into the gutter and regulate the lives of the lowliest. I am not going to undertake to go over all the facts In this case. Believes Firmly In Frank’s Guilt. "I congratulate you, gentlemen of the Jury, that the case la nearing an end. I have felt sympathy for you. because you not only have worked hard, but you have been de prived of your liberty and the en joyment of your homes. In one Sense of the word, you have been in Jail. "There ha* never been a criminal case In Georgia that has been so long. There has been no trial so Important or the result of which will be so far- reaching, and that only makes the re sponsibility on you the greater. "There is one other thing that I want to say to you before I go Into the facts of the case. This man ought not to be convicted simply because someone has to be, nor because of the law that demands an eye for an eye and a life for a life. We think tho evidence shows him to be guilty bs- yond any reasonable doubt. "In taking up this evidence I am considering you deeply, I am consider ing the strain you have been under. I am thinking deeply; In fact, I am trying to make myself as one of you twelve men, and in attempting to bring this to a conclusion I am striv ing to get at the truth. "Let’* see what the situation was on Memorial Day, Saturday April 26. Here is this great big pencil factory, which was being run by a number of men with this defendant In charge. Let us consider the conditions that existed there, and, gentlemen, I must say that I am not proud of these con ditions. Witnesses Incensed By Factory Conditions. "But to ret to the reel facte of this case; to come to a full realization of Just how thlnrs occurred, we must understand the conditions that existed here absolutely before we can pro ceed with this case. The character of this plaec was one to make us think deeply. The evidence which has been laid J>ef°re you here has been of the kind to make one doublv serious. Take the defendant. Between 26 and 40 girls have come before you and said that hie character was good. “They spoke In the highest terms of him. That must be considered, But on this charge this Is negative evidence. But also consider that we have brought before you girl after girl who told of his character being bad ;who told of the Immoral condi tions that existed in this great pencil factory, and, gentlemen of the Jury, most of thewe girls had quit working at that factory from two years to thres weeks before the time of this trial. "Every one of them said his charac ter was bad. Did you notice the em phasis with which they said It was bad? And did you notice that they would have told more If they could have been allowed to? Did you notice how highly lnoensed they felt toward the Immoral conditions which existed at this factory? "You have those who are still there who *111 say that his character Is good, but you have those who have left who Invariably say hts character Is bad. We put them on notice from the very first that we were willing to enter fully into his character. We could furnish particular information In regard to this, but we have been prevented. “We have asked their own wit nesses and our own; we have asked them. 'Did you ever hear of this Inci dent?' and ’Did you ever hear of that Incident?’ We brought these particu lar girls before you, and asked them In regard to Frank's character. They said It was bad. We turned them over to the defense, and they failed to question them In regard to any ot the Incidents to which we have re ferred." Colonel Arnold Interrupted at this point protesting to Judge Roan that he considered Mr. Hooper was mak ing an Improper argument In saying that the State could not go Into the particular evidence and In intimating that it was an Incriminating circum stance that the defense did not take advantage of Its privilege and ques tion the State’s witnesses In regard to the particular Incidents. Judge Roan sustained Hooper, saying that It was his only legal recourse. Hooper continued: "If out of 100 men, 90 of them say that a certain person's character Is good, but ten of them say, 'Beware of that man; he Is a bad man,' would you say that you had a man of good character? Says Girls’ Morals Were in Hands of Men. "It 1a almost Impossible to magni fy the temptation In the National Pencil Factory to a man without con science and filled with lust. These girls in the factory were entirely de pendent upon the attitude assumed by the men who were superior to them. This defendant, assisted by the noble Darley and the handsome young Bchiff, practically had these girls morals in his hands. The girls were absolutely dependent upon this trio. "We find that the defendant con nected himself up with a man whose character Is good enough at present, but who admittedly was leading an Immoral life at that time. What can we say when a man whose dally as sociates are bankers and prominent business men shall associate himself In his leisure hours with a man of the character of this C. B. Dalton? "I expect most all of you have read that little etory, "Dr. Jekyll and Mr. Hyde." We are all dual characters; none Is so good but that there 1s some evil; none so bad but that there Is some good. It Is when the evil predominates that we have a bad man. The bad Is good when with his own class. When the shades of night have fallen, and he seeks associates of his baser passions, then It Is that we get a glimpse into his other na ture. So it Is with this defendant. "Hd didn't seek out the bankers and people of his regula# sphere when his baser paeslons came on. He looked for an associate in a man like Dalton. Dalton has had a number of men to get up here and say they would be lieve him. They are men who have worked side by side with him. Of course, he is a fellow’ of a lower class, but It has been shown to you that he is a good fellow of his class, con genial to that environment. "Then there are other facts to sup. port this Idea. This defendant claimed to you he did not know Mary Phagan. Yet the evidence showed that he passed back and forth by her every day. We find he did know her. Wit nesses declared he stopped to speak to her and show her how to do her work. He told her HE was the su perintendent of the factory. He pur sued her out of the beaten path. This little girl, sent there by her parents to be under his protection, was In his eye, the eye of lust. He was laying a foundation for his object. Conley, Too Ignorant to Lie, Stuck to Truth. “Let’s turn back to the first evi dence of this, the first interest of this man who never knew Mary Phagan. He said to Gantt, a man reared in the same community, several weeks be fore the tragedy, ’You are pretty thica with Mary Phagan?’ He had her In his mind. Next we see him getting Gantt removed, and It was Ju$t after he had remarked what a good office force he had. The first opportunity was about one dollar. He sought to give you the impression of dishonesty. He would attack this man whom he wouldn’t let go into his factory unless accompanied by a negro. Shame upon him! "Thus he got rid of Gantt, and be gan to lay his plans. "You remember that the defense pitted its case against Conley. 1 haven’t said anything about him yet, but he comes in right here. He w’as to them like a stone mountain. They must break him down, or they are lost. They must break him down, and you have seen here the greatest fight between my herculean friend Rosser on the one side, and that poor, ignor ant negro on the other, and you have seen the result. It was brains against ignorance; strength against weakness —'and after three and one-half days you saw Conley unshaken. His evi dence was written as fast as he talked and my friend here, Rosser, carried him hack over the same ground again and again, but they could not break him dowm, because It was the truth. It continued to pour like the waters through a mill race, because that ne gro didn’t have sense enough to lie. He was telling for the first time the real story of what actually happened that fAtal day. "Why didn’t Mr. Rosesr break Jim Conley down? It was because, after all the lies the negro had told, he was telling the truth, and the truth Is stronger than either of these two gentlemen. And it was the truth, gentlemen of the Jury, that held Jim Characteristic attitude of Dorsey’s aide in <r- V. -A Attorney F. A. Hooper, who opened the Frank trial argument for the State. Conley unbroken on the stand for three days. And truth Is greater than all. Yes, even after my herculean friend had worn himself out in a three days’ effort to break the negro, he tried to put it off on his brother, Mr. Arnold. But the law protects a man, and would not allow this. They will tell you that Jim Conley Is a powerful liar—and he Is. But take each of his affidavits. Each one of them gave a little more of the truth, and on Mr, Rosser’s long cross-exami nation he brought out more of the truth. "The opinion I expressed at the time was that if the defense contin ued to bore into Conley they mighl bring out even more of the truth What they brought out did Frank no good. They beat upon him mentally but he remained unshaken. "This defendant is a smart ma.n. It was a remarkable statement that he made upon the stand to you, but he didn’t need to get on the stand here and talk to you for more than two and a half hours. He went Into each detail, going from one thing to the other, and putting it on one maxi and then the other. "But let us go back to Jim Conley, the Jim Conley they could not shake, because he was telling the truth. He tells you he had done that often be fore. He told you that he saw other people come there; that he saw men and women meet there; and, gentle men, there are other people who cor roborate Jim Conley; w’ho said they saw men and women come to this pencil factory and meet the defend ant there. Says Affidavits Fit Exactly With Negro’s Narrative. "The next morning Frank was there to see him; the next morning Jim was there. Do you know, gentlemen, that Providence sometimes will di vulge the truth at the very last min ute? At the last minute yesterday two men came up here and said that they saw Jim Conley there. Mrs. Ar thur White said she saw someone re sembling Jim, but she was not cer tain. So Jim was telling a story that a good many people were disbelieving, but here came two men who said they saw him there, or a negro very much like him, who directed them to the of fice at the right of the stairs. As Mrs. White came dow’nstairs she saw a negro sitting exactly where Jim Conley in his affidavits said he was. They made their affidavits at differ ent places, but they fitted In exactly. "Why was he there? For what was he sitting there hour after hour? He was sitting there to do as he had done many times before—to watch at the direction of Frank. One thing they have said is that he was drunk. 1 suppose he did drink a few beers that morning, but have you noticed that he told of everyone that went up there that morning, and in the order in which they went up. He could have said that he saw Mrs. White, but he admitted that he was napping about this time. Now we come to the time of the tragedy. J!m was still there. “But about this little Mary Pha gan. A little girl who asked for Mary's money hkd been refused the night before. They told her that Mary would have to come after it herself. This was a violation of the general rule at the office. Even Schtff told y6u, I think, that they gave out the envelopes to other persons If they knew them well enough. Frank told Jim on Friday night to come back the next morning, but he didn’t have any work for him to do. All he want ed of him w’as to watch at the door as he had done before. He wanted him to watch w’hlle girls came up to the offics to chat with him. You will notice something peculiar about that word ‘chat.’ It U a word I never have heard before, but you wdll notice that tnere are two persons that use tt. One of them is Frank and the other Is Conley. "He tells Jim he wants to have a chat with that girl that day. ‘Jim, you Just make yourself convenient; wait around.’ Jim comes and waits He make® himself easy there in the hall. He takes a nap. People come and go. Then Mary Phagan comes, the beautiful little Mary. She must have been a beautiful little girl. I guess you all remember her pictures, w’ith her curly hair and bright eyes, and trim figure. "She came with a little boy. They must have been sweethearts She had an engagement with him. She want ed to go to the factory first for her little $1.20. She went, tripping along, a happy child. From that dreadful hour not one thing was heard from her. But we know what a horrible catastrophe she met as she went, so Innocently, for her little $1.20. "Frank was there. How do we know it? From his own statement. And he had to change It when he came upon the stand. A live human being, a young girl, came here and said he was not there when she went to his office. Frank did not see her. She waited five minutes. He was not in. I am not going into the details cf the time. Mr. Dorsey will do that in his conclusion. What*I want to im press upon you is that Frank stated here from this stand he might have gone out of his office for a moment. It was the first time such an admis sion was Intimated. But there was the sworn statement of Monteen Sto ver-bo combat him. “It had to be got around. You don't have C-O depend altogether on Jim Conley’t' story. Monteen Stover went to his office after Mary Phagan, an1 he w’as not here. Rosser Interrupts to Enter an Objection. "In the meantime another little girl was waiting lh his office—Monteen Stover—and Conley was waiting for the signal downstairs. Frank fol lowed that little girl back there, and I want to be perfectly frank and say I do not think he had murder In his heart when he did, but the pent-up passions of weeks grained control and he could not stop. That' scream that was poorly described here by this poor, Ignorant negro—I wish you could have heard it; that scream that sounded like & ripple of laughter that ended when she realised hl» hellish purpose; the scream that ended when her life began to ebb.” Rosser Interrupted Attorney Hooper to say that there was no evidence about laughter. Hooper replied: “All right; I was mistaken.” "The scream,” Hooper continued, ’and then those fast running foot steps. That w’as Frank coming to ge f the cord that strangled the child Then he gave the signal for the negrr to lock the door and come up, and Conley found him nervous and shak ing, fresh from that harrowing scene on the rear of the floor on which hi* office was located. "Now, gentlemen, we have this man Frank—this man of high standing and character—either committed this crime or that he was back in his office in plain hearing of any scream or any running of the elevator or the hearing of people going up and down the stairs, attending to his duties in his office, preparing that wonderful state ment we have heard so much about. Finds Mute Accuser In Factory Diagram. "By this diagram I will show you that he was bound to have known of the commission of this crime, even if he hadn’t committed it, but lis tened to that brute negro attack that little girl. "I want to show you that even If he was where he said he was, and where Monteen Stover said he was not, that this crime could not have been committed without his knowl edge. "I want to ahow you that he could see from his desk to a point by the clock. I don’t want to give any tes timony. for if I did I could show that he saw more than that, but by this diagram—and it is a fact—I will show that his line of vision sitting at his desk would bring him to the clocks. “Frank doesn’t sit back in his chair He sits away forward, and when he is at work he Is the hardest working man you ever saw. And, gentlemen, he could see into the space beyond his office. “Little Mary Phagan was killed back there In the metal room—back there where our friends say they could see not find any blood spots, but where we have shown there were spots of blood. And, gentlemen of the Jury, if Frank did not commit this crime, he sat supinely there at his desk and let that brute negro kill her; let that negro bring her up the pas sageway, bring her up to the elevator and take her down that elevator, which, when running, shook the whole building, which the negro said he could hear downstars; which witness after witness has told you could i>© heard over the entire building, aud which Frank could not have helped but hear. “Frank’s First Word Betrayed His Guilt.” "Mr. Frank, I will give you the benefit of every doubt, but according to your own statements as to the time you were there, and the time which has been shown conclusively that the girl was killed, you were right there; you sat right there, and you never moved. "Now, to bring Jim .Conley back into it: Gentlemen of the Jury, isn’t It an evident fact—haven’t you been shown conclusively, that either Frank or Conley killed little Mary Phagan? Or that Frank killed her by himself, as Conley says? Or that Frank sat supinely at his desk and let this negro Conley kill her, and yet he made no move? “As soon as the murder was con summated, there was something up stairs that had to be attended to. There were two men upstairs and a woman. Frank was anxious that they be let out of the factory. He went upstairs and told them that if they were going to go, now was the time. "Mrs. Arthur White left. Arthur White and Harry Denham stayed. Frank told Mrs. White that he was going to put on his coat and hurry away. But this man, who was in such a hurry, still was without his coat when she got down to the office floor. Frank went into his office, washing his hands in that imaginary water. They say that this was his habit, and that we must not assume anything from it. “The first words that he uttered when he got inside the office, he opened the doors to his guilt that all might look In. Frank said: ‘Why should I hang,’ adding that he had wealthy people in Brooklyn. "What was the estimate that he put on the life of a young girl? Didn’t it hurt him to wind the rope about her neck until It had sunk deeply Into the tender flesh? I can’t conceive how any being with the Instinct* of hu manity oould have twisted the rope about the neck of that pretty little girl. But he said: ‘Why should I be punished for doing such a little thing as taking the life of this little girl? I have rich relatives in Brooklyn.’ They will say he never uttered these words. He has denied them on the stand. But did Jim know that he came from Brooklyn? Did Jim know that he had rich relatives in Brook lyn? Did Jim know that he reckoned a human life in dollars and cents? "No; those words came from the bottom of this man’s heart. “From the African temperament of Jim Conley came the next remark. ‘What’s going to become of me?’ he asked. ‘Oh, I’ll take care of you, Jim: you have been a good negro. I will write my mother In Brooklyn.’ “This Is that old mother who has stayed here in the courtroom so faith fully through all this trial. I can not understand how she has had the bravery to do It” At this point Attorney Rosser ob jected on the ground that the speaker was quoting from the affidavits that Conley first made and not those that he told on the stand. “You will find that they are all about the same,” said Hooper. "Frank says: ‘Jim, can you write?’ Jim says: ‘Yes, I can write a little bit.’ Says Frank Lost Head In Fixing the Notes. “Why did he ask Jim that ques tion? Jim had furnished reports on those boxes. He knew what Jim could do. “Jim was trustful; he wasn’t on his guard like he was when confronted by the terrible Mr. Rosser. He had faith in his boss, and how false was his boss? As false as he was to the little girl. As false as he was to poor old Newt Lee when that bloody shirt was planted. "You all, I presume are Southern men, or have lived long enough in the South to become familiar with the traits of the negro. Can you tell me that you could Imagine a negro on his own initiative writing such notes as were found beside that body? "They charge the crime to a negro —a negro who could hardly write. Would a ndgro who stood before the grilling of Luther Rosser for three days, and came out victor, be fool enough to do that? “The truth of the matter—the fixing of those notes seems to be the only time that Frank lost his head. He might have known the police would go back of that. “Then we come to the money in the case: I 6*n’t think Frank had any $200 in hfcs office when he was talking to Conley, but dollar bills would look mighty big. He handed the reward to Conley. Then he thought: ‘You are as deep in the mud as I am in the mire.’ Aloud he said: ‘Let me see that money, Jim;’ and he sticks it back Into his pocket as If to say: ‘If everything comes out all right, I will give It back to you.’ Tells How He Arranged To Dispose of the Body. "False again to the poor negro who had carried out his bellish purpose, he compromises with a cigarette box containing about $1.60. "Perhaps there was another idea in his head; there was the mute and mutilated evidence of the crime in the basement. That must be destroyed. This money would be a reward to get that removed. “Then we come hack to that origi nal proposition that the body was carried down the elevator shaft by Frank and Conley. But there is the part of burning the body. A man who had committed the crime would not hesitate to burn it. He knew that there was no man to come back there that day except Newt Lee. "I don’t care anything about what time Frank got home or what he did there; he got back to the factory at 3 - $6 WRIGHTSVILLE BEACH Round trip Saturday, August 23. Special train, sleepers and coaches. Leave Old Depot 6 p. m. SEABOARD. POPULAR EXCUR SION TO WRIGHTS VILLE BEACH. $6 round trip; six days; Satur day. August 23. Special train, sleepers and coaches. l^eave 6 p. m. Make reservations early. SEABOARD. Cash Gro. Co., 118 Whitehall EGGS 1 1m, Lemons. 10c doz. 25 Pounds Sugar $1.25 No. 10 Silver Leaf Lard $1.35 Are You Sick, Diseased, Nervous, Run Down? Have You Blood Poison, Kidney, Bladder and Urinary Troubles? IF SO, CONSULT (FREE) Dr. Huihra. Atlanta’s Long Established, Most Reliable Specialist. I cure to stay cured NERVE. BLOOD and Skin Dlweaaaa. STRICTURE, Fronts tic Trouble*. VARICOCELE, HYDROCELE. Kidney, Bladder and Urinary Dlneama, Piles and All Chronic and Private Dt**anes of Men and Women. I give 606, the celebrated German prepara tion. for Blood Poison, and Guarantee re sults. Everythin* absolutely confldentlaL If yeu can’t call, write. Free Consultation and Advloe to all. HOURS—9 a. m. to 7 p. m. Sundays. 9 to 1. DR. HUGHES Opposite Third National Bank. 16Vi N. Broad St.. Atlanta. Ga. o’clock, where he had an engagement with Conley to dispose of the body, and he knew that Newt Lee was go- if)pr to get there at 4 o’clock. "Conley overslept himself and Lee came first. Frank said: ‘You go away, Newt,' then to himself he said: ‘And give me two more hours to get rid of that body.* “But Conley never came back, and Newt Lee did. He had to let him in, and he knew then that he was lost. “When Frank saw Gantt in front of the factory door, did he start back aghast and say, ‘There Is that blood thirsty thief that was $1 sh^rt?’ No: he said, ‘There Is Gantt; he was Mary Phagan’s friend. He lived near her and her family has sent him to find her.’ "But Gantt would not harm a flea. He reassured Frank by telling him Qe nad come to "-et a pair of shoes n* had left in the factory. But Frank didn't want him In there, and told him the shoes had been sw'ept out. Charges Frank Lied to Gantt. "Qantt told him there was another pair, and, gentlemen of the Jury, Frank had to let him In, and he went In and found not one pair of shoes, but both pairs. "Did Frank tell him a lie to keep him out of the factory, or did he , really think the shoes had been swept out? He told a He, and he was so afraid Qantt would And something that he sent him In under guard. "And, gentlemen of the Jury, as he stood at that entrance In the presence of Qantt the thought was going through his head, It Is going to be known In a day that Mary Is gone. Lord know* I don’t want to let you In here, hut I have got to let you In, but I will guard you. Come on In, but you go with him, Newt,’ and, gentle men of the Jury, notice this: "The striking thing about It—the singular fact Is that Qantt found both pairs of shoes, showing, gentlemen of the Jury, that Frank had never seen the negro sweeping them out. "Did he He about this, gentlemen? And after he had left the pencil fac tory. trembling and with a burden upon him, what did he do that night? He did something he had never done before. He called up Newt Lee over the telephone, and when he could not get him the first time, he colled again and asked If that long-leewed Qantt was there. "And when he found that Qantt had left and had discoveerd nothing, what burden rolled from him! No wonder he looked light-hearted. No wonder that he could read baseball stories and Joke. No wonder that his family could say that be bad nothing on his mind. “Another Thing on Hi* Mind That Night” "But yet he had another thin* on hia mind before the night had gone. During the early hours hia telephone rang, but he did not answer it Hon est old Newt Lee notified the police and tried to notify him. "But Frank did not answer. He says he heard the telephone but faint ly, or he Imagined he heard it "But the police heard the call, and they went down into that basement Continued on Page 3, Column t. WHEN FAGGED OUT Tako Hartford's Add Phosphate Especially recommended as an liivigorator to overworked body and brain. A healthful tonic. Adv. Atlanta is en joying cheaper minimum tele phone rates to day than any American city in which inde pendent com petition has been stifled. The Atlanta citizen can have a telephone in his home for 8 1-3 cents a day. Thousands of them have. Why not you ? ATLANTA TELEPHONE & TELEGRAPH GO.