Below is the OCR text representation for this newspapers page.

» TH K ATI iA NT A < i l ,OK< i I AN AM) MEWS. i J I 'MAN WHO WROTE NOTES KILLED MARY PHAGAN/ SAYS ARNOLD Recalls Dreyfus Case to Show Mistakes of Circumstantial Convictions ‘PICE OF PERJURERS’ IS EPITHET APPLIED TO BY ATTORNEY Continued hrom Page 3. determine his guilt or his innocence. The Jury system came as a result of a desire to popularize the courts; to let the people flow through the courts “God Grant We Get Away From the Street.” ‘inexperienced, as they are, it was decided that juries were capable of de ciding questions of fact. Of course the judge still decides all legal points. "My friend Hooper, in reading hi.? authority just now, used a funny ex pression. He said your position is no* different from any man’s who wants to learn the facts; from any man on the street.” Hooper objected. ‘‘Your honor.” he said, “1 don’t want the speaker to mis represent my meaning.’’ Arnold: % "You said street. God grant thar we get away from the street when we come into court. What is the use of having any court if we don’t get away from the street? There It is the man who has the most friends who wins. Courts are to protect a man from the street. "Gentlemen, sometime 0 the very horror of a crime does a man a grave injustice. Time rights it all. of course, but at the present blush of a horror friends can’t judge fairly. "The crime in this case is an awfui crime. It was committed by a fiend— a brute. But ho matter how terrible, no fair-minded man would refuse to give a man accused of it a fair trial. "But well-balanced men don’t say just because he is charged with the crime by Detective Starnes and So licitor Dorsey: ‘We will hang him. Thinking men weigh the facts. “Keulev Sample of Lyrnj Elowhards.” “I remember a case when Charley Hill was Solicitor, he asked a pros pective juror the formal question, and when he came to that part where the Solicitor General said: ‘Juror, look on prisoner; prisoner, look on juror,’ that old fellow got up and looked him over and said: ‘Judge, he’s guilty. That is the way with public senti ment in this case. ‘‘There has been so much lying and rascality as I will show you that I won’t add to it. That fellow Kenley is a fair example. He is a man that any honest mar ought to be ashamed to say ne knows. His mouth is Q et like a catfish. He is the type of lying blowhards that constitutes the so- called public sentiment. He is the man who said they hanged two ne groes at Decatur because they had to have somebody, and he is the man who said, ‘Hang this Jew for the murder of that poor little girl whether he is innocent or guilty.’ ‘‘I had rather be In Deo Frank’s shoes to-day than Kenley’s. ‘‘Gentlemen of the Jury, there are people who say that Frank is a re markable man; that he is a man of Wonderful courage; that he has gone through this trial in a manner most remarkable for a man of his physical build and temperament. ‘‘Gentlemen, he has inherited it through 2,000 years of persecution. Behind him there is a long line of an cestors who for centuries have been abused, and I hope the day will come when a man will get justice, will be accorded fair treatment, be he Jew o: Gentile, or white or black. ‘He has endured persecution, and his family has endured it. The Jews have been thrifty, and envy has been tile result. If Leo M. Frank had not been a Jew there would not have been any prosecution of him on this despic able charge. The miserable, lying ne gro, Jim Conley, was brought in to tell his miserable, lying story, to re cite, parrot-like, the story in which he had been so well drilled. "1 am asking my own people and my own kind of people to do Frank justice. 1 am not a Jew, but I would rather my throat would be cut than do one an injustice of this sort. "They have got their miserable per jurer, Conley, to come up here and swear Frank’s life away. They have had him swear against a man who never had a word said against him before. ‘‘Of course, after a crime, you al ways find persons who say that they knew the defendant’s character was bad. But you don’t make a murderer in a single day. "I am going to compare the wit- . nesses that were u*>ed by the defense with those that were used by the pros ecution. They brought up the dregs of humanity to testify against this man. They brought up jailbirds and convicts to hang this man. They spouted hot and cold. They hurried the schedule of a street car. They slowed down the time clock at the factory. They got the detectives to say that Frank was nervous. They got his mother-in-law to say that he was so soulless he didn’t open his mouth. “Built Up Case, Then Tore It Down.” ‘‘They got little George Epps to tes tify that Mary Phagan got into town at 12:07. Then they began to tear their own testimony down. 1 am go ing to strip the case of some of the falsities and the warnings of the evi dence. if God Almighty gives me strength I don’t know that He will, for I am nearly worn out. ‘There have been a great many things brought into this case which should not have been brought in. Thi defendant must be proved guilty of the murder of Mary Phagan. Every other reasonable hypothesis must be eliminated. “You must liberate Frank, other wise. The law says you must. If you think that it is as reasonable to be lieve that Jim Conley committed the crime, then you must turn Frank loose. ► "Our friends, the detectives and po lice. were hard put to find somebody on whom to place the crime. They thought at first it was this man Gantt. Sentell and others said they saw Mary Phagan on the street at midnight. Of course, they did not. But It will illustrate the uncertainty with which this crime has been hatched. “Then they were almost certain that Newt Lee was the man. They found the notes by the girl’s body, and New; Lee said in reference to ‘night-witch.’ a phrase occurring in one of the notes, that ‘night-witch means me, Boss.’ "I do not think that Newt Lee com mitted the murder, or had anything to do with the killing of the girl, but I never will get it out of my mind that Newt Lee knew some’hing about tne writing of tho?«e notes. “Man Who Wrote Note Killed Mary Phagan.” "This is one of the profoundest mysteries that ever confronted a com munlty. It has baffled investigation at every turn. * But one thing has stood out like a mountain on a plain, since the very beginning of this case. The man who wrote those notes killed Mary Phagan. “Oh, you remember how they searched for him. The notes were found be«»'de the dead body. It wa.* right hard to recite what was in the obscure mind that wrote those notes It looked like one negro trying to ac cuse another, bui the one question stood out. Who w i*oie the notes? Wh<; wrote the notes? “Things developed. Newt Lee wa? put through the third degree and 111* fourth degree. Just the day or the day before the Court of Appeals hand ed down a decision which is especially applicable to thin ca9e. It denounce? such methods. How it does hit Jim Conley and the authorities that made hlm swear. How it does hit MinoD McKnight!” He read a newspaper clipping of the decision. “Our friend Hooper said there was nothing to hold Jim Conley in tha: chair but the truth. My God! He h.u his life at stake! Before you gei through with this case you will see that they have got to depend on Jin: Conley. If they can not hobble on those too rotten crutches they can't hobble at all. Before 1 get through with it I am going to fhow there nevti was such a frameup since the world began.” Court adjourned at this time. Recalls Fairous Durant Case. When court convened for the aft ernoon session, Arnold resumed his argument. "Gentlemen of the jury,” he said, “my friend Hooper made some re marks about circumstantial evidence and how powerful it was. He forgot to mention the fact that the clrcum stances had to be substantiated by reputable witnesses and eliminate every other reasonable doubt. “I read a book once that dea’* itn circumstantial evidence and 1: was positively sickening the number >f mistakes that have been made. The famous Durant case that has com - within our memorv is a striking illus tration. Two girls were found mur dered in the tower of a church. Du rant was the last man seen with them. The public said. ‘You are guilty.’ One man swore he saw him wearing a girl’s ling. Another mm swore he had found Durant nervous and perspiring as though he had come from recent great exercise. The women egged him on his way to court. The Jury found him builty and a weak judge the first I have ever heard of, sentenced him to hang »n three days. They appealed the case, but lost out, and they hanged him. There was not a cemetery in Frisco that would bury that man. They took him out to a little country church yard and buried film. Time went on and people forgot about it. The preacher in that little church con tinued to address his congregation. After a number of years the preach*-* 1 ’. was confined to his death bed. He called a number of his friends around him and confessed to the murder «>f those two girls, and explained the cir cumstances in such a way that it left no room for doubt that he was telling the truth. Cites Infamous Dreyfus Case. “I remember another case—the Hampton case in England. It is a historic case. A country gentleman bv the name of Hampton disappeared. He had lived with an old woman and her two sons. It was pupposed tha: he had been killed. One son made Incriminating admissions. They trie ! the old lady and her two sons and hanged them all. In a year Hampton appeared in life. “I recall another case, the most dreadful of all—the Dreyfus case. He was a lieutenant in ttm French army. Someone had been telling the plans of the French fortifications. Drevfus f was suspected. They got evidence] against him; he was court-martialed J and sent to Devils Island. The men J who sent him away thought they were safe, but the people became calmer and began reconsidering their action. In time a most infamous conspiracfy was revealed. One man confessed and before the end practically every man in the prosecution committed sui cide. Dreyfus was a Jew. He was friendless. He was an easy mark and they got him. “I have never seen so much venom as there is in this trial. The murder ous bestiality that robbed little Alary I'hagan of her life Is scarcely worse than the spirit that would de prive this man of justice No wolf in the forest, no beast in his cage is so savage as these people who would hang this man on the flimsiest sort of evidence. Arnold Grows Facetious At Expense of Hooper. "One thing in my friend Hooper’s speech I want you to consider. What he didn’t know about this case would fill many volumes. He has got Just a little feeble smattering of an idea. He doesn’t know what the witnesses said. He doesn’t know’ anything about the factory. He got mixed in Conley’s evidence. Part of the time he was quoting from statements of Conley made before the trial. "But I can’t blame him much. Con ley’s evidence is so crooked he couldn’t follow* it. It reminds me of the story of the farmer who tried to teach his boy to plow a straight row. He said: 'Son, you see that bull across yonder? Follow straight to him and your row’ will be straight.’ He came back later and found the boy plow ing in semi-circles. ‘What are you doing?’ asked the farmer. I am fol lowing the bull,’ replied the boy." Arnold illustrated his point by walking around in circles before the jury, holding his walking stick as though it were a plow’stock. yheviff Mangum had to r&p to keep down the laughter. "I have never yet seen an effort to get a jury to believe a witness in the attitude of Jim Conley,’’ Arnold con tinued. "There are vfle different edi tions of hi- statement. If he made one to-morrow, there would be a sixth. He has got the strongest mo tive in the world to lie—to save his own neck. Premeditated Killing. Scouts Theory Frank “Take my friend Hooper’s theory that Frank knew it if Conley killed the girl. That is about as weak as the rest of his argument. If Conley had killed her on the second floor, he never would have taken her down until Frank and Mrs. White left. "Frank left about one. It is absurd to assume that it was impossible for him noj to have seen Conley. But we don’t believe she was killed on the second floor. And I am going to show that there is no evidence that she was killed there, except what Christo pher Columbus Barrett found. "Hooper smelled the plot. He says this man had had his eye on this dear little girl for some time. That he had been thinking of how he could get her. That he had plotted to make an at tack on her. I join with everyone in saying that who killed Mary Phagan was a foul Wast. a fiend, a savage, it was not the act of a civilized man. "But Hooper was hard pressed. They had to fall on something. They had to fall back on the evidence of this miserable negro, Jim Conley. And look at his evidence. A mass of lies. He lied in the first affiJavit; in the second; in the third; in the fourth. He lied the fifth time, and I daresay that if he w r as placed on the stand he would lie the sixth time. ‘‘Now’ look at w’hat they got. They ay that on Friday Frank knew’ he was going to make an attack on little Mary Phagan. And, gentlemen, tak ing in the evidence and everything else, this is the wildest conception I over heard of. “Conley Was Made to Tell Suitable Tale.” "The utmost they can get is by this poor miserable little fellow, Tur ner. brought in here at the eleventh hour and who says he worked at the pencil factory for ten days. And all he said was that Frank had put his hand on her shoulder and called her Mary. “When asked if he could describe her, Turner said that he could not. He did nto know anvone else in the factory. He could not describe any one. And what did he say that Frank -aid to her? All in the w’orld that he said was that: ‘I am superintend ent of this factory.’ “And mind you, gentlemen of the jury, this was in broad open daylight. They brought in other women here to testify as to his conduct with Mary Phagan. And all that they could say was that they had heard him call her Mary. “To get back to Jim Conley; he Is at the beginning of the plot. From all the evidence, they just took him and led him around and made him fit a theory. I will prove by Harry Scott’s evidence that whenever Con ley said anything that didn't exactly fit, they said: ‘Here Jim, that won’t do. That doesn’t fit Bill Jones’ testi mony and Conley immediately switch ed it around so thut it w’ould fit. "By Conley’s evidence that on 3 o’clock Friday afternoon, Frank came to him on the third and fourth floors, they expected to show that Frank at 3 o’clock Friday afternoon knew Mary Phagan was not coming for her pay. "Now they didn't begin the payroll until 5 o’clock Friday afternoon Who on earth but God himself would know that little girl was not coming for her pay? Sees Conspiracy in State Evidence Chain. “How unreasonable must it be for intelligent human beings to believe any story so utterly unreasonable. “There is a little girl named Fergu son. I notice that Mrs. Coleman never said a word about the Ferguson girl, nor did she say a one about the Epps boy. But the Ferguson girl says: ‘I asked Mr. Frank for Mary Phagan’s pay, and he wouldn’t give it to me.’ Frank didn't know’ Mary was not coming for her pay that day? How did he know’ she wouldn’t come for her pay that day? Wasn’t it natural to suppose that if she didn’t come that day, that she would come on Monday, the next working day? Do you think that he knew she was com ing Saturday morning? “Gentlemen, it is the wildest theory on earth. Yet the Ferguson girl said: ‘I asked for Mary’s pay and h e said he wouldn’t give it to me.’ Frank never paid off. Schiflf always did that. They had a pay window', and Schiff sat behind it. I doubt if Frank ever saw' ihe girls w'ho w'ere paid. “There is another little girl, Mag nolia Kennedy. She looks Just as w’ell as the Ferguson girl. She de clares she was behind the Ferguson girl and that the Ferguson girl asked for the pay of no one but herself. “There is your conspiracy. Before anything happened you have Conley laying the foundation. You have Frank on Friday knowing all these things and telling Conley to come back Saturday. You have Frank say ing :‘I don’t think Mary Phagan will ask for her pay this evening. I don’t think she will come down and get it at the usual time. I think she will come Saturday morning. So I will have Conley here and he can watch for me while I assault her. Accuses the State of Begging the Question. “Gentlemen, it is too thin. But my friend Hooper says that Frank fired Gantt for a'une-dollar debt. Gantt don’t come into this cast in a very good light. He admitted the one shortage for which he was discharg ed There was no doubt that the man who made the complaint knew of the missing one dollar. You don't know how much more there was. You don’t know what Gantt did during the time he was working there'. W* didn't go into that. We don’t want to sling any mud on to anyone at all. Yet they are bringing in the dis charge of Gantt as having a bearing on this case. “They claim Gantt was discharged because he had said he knew Mary Phagan. There is no proof that Gantt knew her. They were born in the same county, but there are 30.00U people in Cobb County. He was not her guardian She was not dependent upon him. "Little Grace Hix said that Frank didn’t know Mary. Magnolia Ken nedy said that Frank was not ac quainted with the Phagan girl. "My friend Hooper said some mighty bad things about what hap pened at the factory. He has pictur ed the conditions at the factory as being grossly Immoral. “Gentlemen,( that is begging the question. I venture the assertion that this factory is no better nor no worse than the general line of fac tories. Any place where you work from 100 to twice that number of men and women you are almost cer tain to get some^ ho are not so good as they might be. There is always the evil mixed with the good. “Discharged Employees Testified in Revenge. ” “We are not trying this case on w hether you or Dorsey or me or Mr. Starnes or Frank have always be -n perfect. I say to my friends, let him without sin cast the first stone. Thera was a little immorality here as In other factories. My friends Dorsey and Hooper have put the microscope on everything. They have dug up everything that ever happened at that factory. They have ~one back five years in their efforts to create trou ble. They went fishing for witnesses and I don’t wonder that they could find a dozen or so who were willing to swear that Frank’s character was had. “You can always find discharge 1 employees of the factory who were envious or Jealous and are anxlo is to get revenge on their employees. When you swear to character, it is always an opinion. And the value of your opinion depends on the length of time you hav^ known the person for or against whom you are swear ing. “The prosecution has put up eleven girls. Most of them worked there years ago and for only a few weeks at a time. They have gotten all the floaters they could find, employees who worked at one place for a short while then moved on. “They have searched these witness es out carefully. They have taken them to their offices and questioned them. And I don’t doubt that after they got through questioning them they were able to find many who were willing to swear that Frank's char acter was bad. From the way they nave been giving evidence, I am In clined to believe it. "Now, of all the incidents men tioned by our friend Mr. Hooper, the dressing room incident is about the worst. There is the room, gentle man that has absolutely no conven iences—no w'ash room, no lavatory. “Now' Miss Javckson said that the girls went to work at 7 o’clock and that Frank loked in at 7:10 or 7:15. Miss Jackson admlted that girls had been flirting from the windows of that dressing rom. She said they were all afraid of Frank and went to work when he appeared. The only reason that Frank loked Into that dressing room, was to see that his orders prohibiting flirting had been obeyed. “Do you think he could run a fac tory like that and flirted and had been familiar with the help? Don’t you know that If he had done that, all organization would have been swept away and work would have been practically at a standstill? Do you think Montag would have kept him If he had done all the things the prosecution said he did? Do you think they would have trusted their bus iness with a man like that? Why. it is preposterous. “Men here talk like putting the hand on a thirteen-year-old girl’s | shoulder amounts to anything. Or ! looking Into a room where girls j change only their top dresses? Why you can go out to Piedmont Park any day and see 500 women with almost nothing on. “You can go to shows and see them with practically nothing on. And I don’t mean w r e are getting worse, either. cW are getting broad, er. This prudish attitude of holding up yo\ir hands in horror of a man’s putting a hand on a woman’s should- er miKM me sick, i wouldn’t trust that sort of a man behind a door. Killing Was Crime Of Savage Negro. “We are living in a broad age. We are getting more sense about these matters. Sometimes I think it is a little too broad for me. But Frank’s acts that w’ere testified about were made in the broad open day, and no complaints were made about them at the time. “I was talking about Hooper's theory. He Is the sort of man who sees a bear behind every bush. He quoted Conley’s statement about Frank telling him to come back and watch. Don’t that fit beautifully? Mary Phagan had not been there. It isn’t so, of course. Frank couldn’t have had any engagement with that little girl. That crime couldn’t have happened As Conley said it did. It was the crime of a savage negro, whose first attack is violence, because he can not accomplish his object In any other way. “Now we come to this man Barrett. I don’t know what his name is, but I call him Christopher Columbus be cause of his numerous discoveries. He talked about a reward. Smith testified he saw’ him counting his imaginary money. Frank, Chief Beavers and Detective Starnes made a searching investigation of that fac tory Sunday They didn't find any blood spots. But Christopher Colum bus embarked on a voyage the next day and discovered wonders. "I am going to show you just how Continued on Page 6. Could Not Rest Day or Night. Sores Itched So Would Scratch Herself to Pieces. Cuticura Soap and Ointment Cured in Two Weeks.- Glenns P. O.. Ya. — “My baby's trouble began with an itching and then a little bump would come and she could not reet day or night. The trouble affected her whole body. The bumps festered and came to a bead and the corruption looked like thick matter, kind of a yellow color. The sores Itched so badly until it i) seemed to me she would scratch herself to pieces and then a sore would form and her clothes would stick to her body and pull off the little scab. In some places she would scratch and Irritate the sores until they seemed to be large, flhe was affected about a year. “ Plrgt I employed a medicine which did very little good ; neit I used and that did harm. So I wrote for a sample or Cuticura Soap and Ointment. I bathed her body in warm water and Cutl- cura Soap and then I applied the Cuticura Ointment and they afforded relief after twice using. I bought some more Cuticura Soap and Ointment and inside of two weeks she was cured." (Signed) Mrs. J. R. Greggs. Nov. 21. 1912. For more t han a generation Cuticura Soap and Ointment have afforded the most eco nomical treatment for affections of the slds and scalp that torture, itch, burn, scale, an# destroy sleep. Sold everywhere. Sample o # each mailed free, with 32-p. Skin Book. Ad dress post-card "Cuticura, Dept. T. Boston.’ A#-Men who shave and shampoo with Cu ticura Soap will find it beet for skin and scalp i: Chamberlin = Johnson = DuBose Co. ATLANTA NEW YORK PARIS Here’s News That Interesting Reading Will Make For Women $20.95 BALTIMORE AND RETURN VIA SEABOARD. On sale August 22, 23 and 24. Correspondingly low rotes from other points. Through steel trains. Fun-era] Designs and Flowers FOR ALL OCCASIONS. Atlanta Floral Company 455 EAST FAIR STREET. Nainsook Gowns That Were Until Now $1, $1.50 & $1.75, Are Prepare to buy them in twos and threes and half doz ens. You will, once you see how tine they <tre—(it does not take a woman’s eye long to catch the real value that lies in such an offering as this). Here— They are, every one of them, taken from our own stocks, which means they had to be worth their former prices before they could enter. The nainsook is smoothly woven and light and free from all filling. The laces, Valenciennes, Clunv and shadow, are those neat and dainty patterns that women of good taste instinct ively prefer, and so with tin* Swiss embroideries that form yokes, that are oddly placed in sleeves, slip-over style, Em pire style, both variously charming. We warrant you haven’t known such gowns before at 69c. Chamberlin = Johnson = DuBose Co. A Big Sale Remnants White and Col ored Wash Goods 12 l-2c to 35c Qualities SALE BEGINS PROMPTLY AT 8:30 o’clock Friday morn ing. White Piques, Repps, Bedfords, Dimities, Lawns, Nain sooks, Batistes, Swisses, Voiles, Crepes, Madras and Poplins. Values up to 35c yard. Colored Ginghams, Poplins, Voiles, Madras, Piques, Foulards, Serpentine Crepes, Batistes, Chambrays, Percales, etc.; up to 35c yard. Be amongst the first comers at this sale; the assort ment is the greatest we've ever put into a Remnant Sale. Waist Sale Values to $2.50 A clean sweep sale of all voile, lingerie and linen waists of our great special pur chase, also a big lot of slightly soiled fine waists from our regular stock. Sale be gins at 8:30 sharp, Friday morning. While they last 77c each. White Skirts 51-00 Values to $2.50 * We have put into one lot all white Bed ford, Ratine, Pique and Crash Skirts formerly priced $1.50, $2.00 and $2.50. We intend to close them out in one half day. Therefore the price is cut regard less of cost to $1.00 each. — Women’s - Undermuslins 25° New, Fresh Fall Floods 100 dozen pairs of women’s fine cambric drawers, the best we’ve ever bought under 35c, Cp 50 dozen neat pretty new nain sook Corset Covers, six r lovely styles, trimmed with embroid ery, lace, beading and draw rib bons. Special price, Friday and Saturday, half-day Men's $1 and $1.25 Shirts To Go in One Lot The most stylish patterns in plaited and plain-front shirts, all sizes, imported per cales and madras, made by the best people in the business—in our August Reduction Sale, 79c each. All 50c Silk Neck wear, except Con tract T ^ r* Goods j 25c and Wash and | Neck- | wear . 50c Silk 20 c Men’s Summer Underwear, 1-4 OFF. Men’s 50c Black Silk Sox, 25c PAIR. Kimonos 39 50c and 75c Values All our summer stock of short lawn kimonos, in white and col ors; also black and white effects —while they last, 39c each. Just In! BIG STOCK OF NEW FALL CREPE KIMONOS — perfect beauties; new styles, new pat terns, and worth one-third more than our prices. $1.50 to $1.98 Women’s Vests To Close 100 dozen women’s fine Maco Cotton Vests, low neck, no sleeves. Friday and Saturday, while they last, at 10c each. Rummage Sale—Notions 4 bars Armour’s Bath Soap for 25c. 15c box Marine Bond Stationery 8c box. Cable Cord, all sizes, white or black, 12 yards for 10c. High’s Poplin Lawn Paper, 15c pound. Western Electric Hair Curlers, curl the hair in a few minutes, without heat, 2 on card, 10c card. Best Quality Clincher Dress Fasteners, 12 on card, 5c card. 4 Papers American Dress Pins for 5c. 16c Tooth Brushes 10c. Treasure Nickel-plated Safety Pins, all sizes, 5c card. Washable Net Collar Forms, 5c. 25c and 35c Scissors, 19c. 500 Yards Spool King’s or Pennant Basting Cotton, 5c Spool or 50c Dozen. Blue Bird Rings, 25c. 10c Collar Bands, 5c 15c Inside Belting, white or black, 10c yard. Ribbon Remnants, 1-4 off marked prices. 4 Palm Leaf Fans for 5c. J.M.High Commny. J.MJIigb Cgmmny. lll!IIIIHIIIRIIillRlll!lll|JII IllilllUts