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THE ATLANTA GEORGIAN AND NEWS
ARNOLD CALLS CASE GREATEST OF ‘FRAME-UPS’ _
‘Frank Prosecuted Because He Is a Jew, ’ He Says to Jury j
GEORGIA'S GREATEST
MURDER TRIAL NEARS
ITS FATEFUL CLOSE!
I M. RICH & BROS. CO. 5
KILLED MARY
IS CHARGE OE
Continued From Page 2.
and found something. They found
the body of little Mary Phagan cruel
ly murdered, the cold body lying on
the ground where It had been left for
Jim Conley to burn.
“Jim had taken his nap, though,
and had not come back. The police
men took the body to the undertak
ing establishment, and at daybreak
they started to get up Frank again.
And when they got him he was anx
ious to know if there had been a fire.
“And, gentlemen, aside from the
conversation that took place, even
officer and every man who was with
him that morning will tell you that
he was nervous; that he was shaking
like a leaf; that he rubbed hi& hands
and waa completely tilled with nerv
ousness.
“But, gentlemen, he is a wonderful
man. Though he stood there and
quivered that Sunday morn, not a one
t>f you can say that during this trial
you have seen him quiver once. He
is as calm and cool as any man in
the courthouse, to all intents and pur
poses.
“But the morning after the crime he
was as weak as a cat. He was nerv
ous; he was trembling like a leaf
The people in the automobile on the
way to the undertaking establishment
felt him tremble.
Holds Up Time
Slip to Jury.
“What was his conduct when he got
down there to the morgue? He did
not look on his victim, on whom he
had had lustful eyes for weeks. He
fled; he could not pay the proper re
spect to a dead body. He went be
hind a curtain, a place where he had
no business to go. He rushed out
and waited for the rest.
“Did he identify her? No; he said
he thought it was the girl he had paid
off the day before. He had to go-
back to the records; he had to look
up and see what her name was. Still
he had seen her every day as he
passed the machine where she worked.
“It was the same girl he called
Mary; it was the name girl he tried to
engage in conversation; it was the
same girl on whose shoulder he placed
his hand.
“What did he do with the time slip
that was put in the night before? He
said, after looking at it, that it was
properly punched. Others looking
over his shoulder agreed to it. Dar-
ley himself agreed to the error.”
At this point Attorney Hooper pro
duced the time slip which he held up
before the Jury.
“There weren’t any marks on it
then,” he continued. “Frank said it
SEABOARD EX CUR
SION TO WRIGHTS
VILLE.
$6 round trip. Saturday, August
23. Special train leaves 6 p. m.
li (VriVrV* »7irV»V*i«rr.«W. iVt.VW* «r mVYm ^
Rich’s Economy Basement. ;■
A Fresh Supply of
Boudoir =
j All desirable sizes and col-
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if 75c values for only 59c. |j
The New Fall
IH i g h Shoes;
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| f o r Women, Misses, |
il Boys and Children \
are on sale at popular S
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time to make selections while |
sizes are plentiful, and be-1
fore the rush.
' i
R
i c
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] Economy Basementfi
was perfect. He told the night watch
man: ‘I know you didn’t do it, Newt.’
But he found that he was getting him
self in trouble.
Bloody Shirt
Also Exhibited.
“He asked himself why he had said
anything about the slip until he had
had time to fix it up.
“The next day comes Holloway, his
right-hand man, saying that he had
the slip, and that it had two misses on
it. Frank made s«ome remarks about
Newt Lee.
“John Black, suspecting that the
negro might know something about
the crime, went out to Newt Lee’s
house and in a trash barrel he found
this.”
The bloody shirt was held up by
Hooper before the jury.
“Somebody had to plant a shirt out
at Newt Lee’s. Somebody did plant a
shirt out at Newt Lee’s.
“Did you notice how minutely Frank
described his movements all day Sun
day and all feunday night? That
struck me as very suspicious.
“Newt Lee said: ‘If that is a ma
chine made shirt it is not mine, and if
It is a home-made shirt it is mine.’
And behold! it was a home-made
shirt.
“These remarkable discoveries were
made when the shirt was found. You
will find that the blood is on both
sides of the shirt. And not in corre
sponding places.
“There is only one explanation—it
was used to wipe up a pool of blood.
It did not have the distinctive negro
odor; it had not been washed. The
button holes ahd not been opened up
since it came from the laundry.
“Willing and Anxious
To Sacrifice Negro.”
“Remember pjease that that morn
ing this defendant had brought up a
time slip with skips showing that
Newt Lee had not made all the
punches. Gentlemen, he was willing
and anxious to have that negro’s life
sacrificed to save himself.
“The Bible says: ‘What will a man
not give for his life?’ He was will
ing to give up Gantt, but never one
word did he say against Conley. Con
ley was his friend and associate. That
poor negro got arrested for washing
a shirt to go to Frank’s trial.
“Frank never accused him until the
Newt Lee scheme and the other
schemes had fallen through. As a
last resort the defense has thrown his j
whole attack on Conley.
“There is one other thing I want to
mention—that big stick and the little
piece of paper found by the shrewd,
smart Pinkerton detectives who can
And anything, even an elephant, on a
floor. These were found after nu
merous searches, weeks after the mur
der.
“Unfortunately, they showed the
slip of paper to Mr. and Mrs. Cole
man, but there was a figure ‘5’ on this
piece of paper, purporting to be a
part of Mary Phagan’s pay envelope.
“When they came on the stand with
that evidence, the figure ‘5’ had been
conveniently removed. It fitted the
amount Mary Phagan drew that week
“Doctors say the wound on Mary
Phagan’s head could not have been
made with a stick like they exhibited.
No scientific tests for blood were
made on it. Yet the defense intro
duced it as the possible weapon that
caused her death.
“Where Is Mincey?”
Hooper Asks.
“An inquiry has been made about a
man named Mlncey. Conley went on
the stand and was* asked if he did
not make certain statements to Min
cey about killing a girl. The only
purpose of these questions was to in
troduce Mincey to clear up this whole
affair.
“My recollection was he was
brought into the courtroom and sworn
with the other witnesses. ’
Rosser: “You are mistaken.”
Hooper: “I may be, but where : s
Mincey? It looked like the whole fight
was to be about him. Frank was to
be cleared, Conley convicted. But
there has not been one word from
him.
“Gentlemen, I am not going to take
up any more of your time. I wanted
to open up the case fairly ani
squarely to show you and the defonse
your positions on these various
points.”
Hooper concluded. Then Judge
Roan asked Solicitor Dorsey to cite
I the authorities upon whic h he expect-
I ed the court to base its charge to the
I jury.
Solicitor Dorsey requested Mr.
Hooper to do it for him.
The jury retired for a short recess
and Dorsey sent his deputies out for
a number of court dedal »ns.
“Use Common Sense,”
Hooper Tells Jury.
After the jury returned to the box.
Hooper read from a great many au-
By JAMES B. NEVIN.
thorities on the question of a reason
able doubt and the quality of circum
stantial evidence.
“I have heard men say that they
thought one thing but when they were
on a jury they had to decide another
way,” said Hooper. “That being on
a jury made a whole lot of difference,
but it was never intended that such
should be the case.
“If you gentlemen believe beyond a
reasonable doubt, that is the way you
should decide. You should decide this
case as you would in your own home.
You are supposed to use your com
mon sense in arriving at a conclusion
in this case, for the law is supposed
to be common sense in its highest
form.
“The absolute certainty is not ob
tainable. The most that can be ob
tained is the moral certainty, which
has been described as being an ab
solute certainty. The question of
moral certainty is before you in this
case. The question for you to decide
is whether or not it is an absolute cer
tainty.
"It Is unfair for a Jury to be charg
ed that direct evidence is superior to
circumstantial evidence. And it is
against the law to charge a jury that
circumstantial evidence is inferior
to direct.
Citing • other authorities, Hooper
said: "If the facts of the case point
unerringly to the guilt of this defend
ant, then to all intents and purposes
his guilt is as certain as though the
evidence was direct.
“The proof of good character,”
Hooper continued, “will not hinder a
conviction if the evidence against the
defendant is sufficient. Even though
the proof of good character is not at
tacked, as it was in this case, the
evidence in the case is enough to
overbalance the character testimony.
“An alibi must exclude the posfd-
bi’lty of the presence of the defend
ant at the place and the time the
crime was committed.
“You are not ’o be governed by any
opinion that counsel may express, but
by the evidence presented.
“If a party is apprised of the evi
dence against him and does no‘ ex
plan or controvert it, the strongest
presumption is that it is true.”
Arnold Opens Argument
Charging Persecution
When Attorney Arnold arose to
speak he asked for the paper model
of the pencil factory. The model was
brought in and placed before the jury
stand.
“Gentlemen of the jury,” Arnold be
gan, “we are to be congratulated that
this case is drawing to a close. We
have all suffered at trying a case re
quiring so much effort, time and con
centration is such hot weather. We
have suffered for lack of adequate
quarters, and from the noises from the
street.
“A man’s physical surrounding has
a good deal to do with how he can
do work. I never could do good work
when I was uncomfortable. And it
has been especially hard for you jury
men. shut off as you are. but that has
always been so. You are set upon a
hill, as it were, where the sound of
the multitude does not reach you—
away from the ugly things men do and
think and feel.
“The Jury system has been in use
a long time. It is now' in use in all
of the countries of Europe adopted
from the English system. In the old
days trained Judges tried cases; they
heard all the facts and were supposed
to be able to tell when a man was tell
ing the truth and when he was not,
and from the viewpoint f>f an expert
Continued on Page 5, Column 3.
The evidence in the Frank case all
has been delivered; the last word has
been spoken, both for and against the
defendant, so far as the witnesses are
concerned.
It only remains for the law yers to
argue the matter to the Jury—and
then, after the court has given the
Jury the law in charge, there will re
main only the verdict to record.
The most complex, difficult, elusive
and mysterious murder case In the
entire criminal history of Georgia is
nearing its enft!
It is doibtful whether any of us
ever shall see the like of the Frank
trial again.
Lawyers give It as their opinion
that it has been, in a dozen or more
ways, the most extraordinary pro
ceeding ever coming under their ob
servation—and certainly the news
papers of the State never have been
called upon to handle a story so
amazingly strange In Its varied and
sometimes astonishing ramifications.
The Phagan case—for as such it
will go down in history, rather than
as the Frank case—has combined
within itself all that goes to make
for intense and insistent heart in
terest.
It has revolved about a sweet little
W'orking girl, tragically, and cruelly,
and brutally killed—murdered In the
first flush of young and promising
womanhood, who probably never
knew, and if knowing, still not com
prehending, why that awful fate
should have come upon her so sud
denly and so unavoidably!
It has involved the honor and the
home happiness of a young business
man, theretofore of unblemished in
tegrity and standing in one of the
most cultured cities in the world; It
has stormed about two households,
equally unoffending within them-
Belves; it has concerned Itself with
the love of two mothers, and It has
made to bleed the heart of a wife, and
has brought sorrow unspeakable to
the minds of hundreds of loving
friends, both of the accused man and
the dead girl.
Sleeping Prejudice Aroused.
It has, with sordid emphasis, sup
pressed but unmistakable, made man
ifest deep-seated prejudices and opin
ions—gathering as It swept along
many things foreign to the real point
in issue, until the one big stake the
cards must settle presently has, at
times, been completely lost sight of,
and even now is not easy to locate
with certainty.
The Phagan case has run the en
tire scale of human emotions—there
is little by w r ay of sinister or grim
appeal that has not been, somehow
and sometime, injected into it!
But, after all is said and done, per
haps the matter has been thrashed
out thus far in the light of the best
intelligence that might have been ap
plied to it.
At times, fate has seemed all too
unkind to the defendant; at times the
State has seemed unduly estopped
from proceeding as it thought it had
a right to proceed.
Undoubtedly things have been saH
and done by both sides to the Frank
trial that, as strict matters of law
and justice, never should have been
said or done.
Frank has had to answer not to
the charge of murder alone—as the
indictment contemplated he should—
but to two charges.
The one means an ignoble death if
sustained; the other means a worse
than ignoble life thereafter in the
penitentiary.
In a measure, too, the charge of
murder has been swallowed up and
obscured by the other monstrous
thing—and yet one can hardly see
wherein the defense may complain >f
that, in that the second charge got
into the record wdth the consent of
the defense, if not almost by Its in
vitation.
Scales Held With Even Hand.
Judge Roan—and In this, at least,
—I think the public is agreed, has
tried his level best to hold the bal
ances even. If there be error In his
rulings, they have been errors of the
head and not of the heart, I take !t.
And, error or no, he has maintained
an impartial average of Judicial fa
vor, so to speak, ahd he will come
through unsullied and uncriticised.
What effect upon the Jury the evi
dence will have Is highly speculaive
and problematical.
If the Jury were not composed of |
human beings and could confine »t- i
self to those things alone it has been j
legally held to. the pathway to ac- |
qulttal of Frank might seem brighter. 1
But the trial has been so long |
drawn out, so full of perplexing de- j
tail, so worrying and fretting to sim- |
pie analysis, so mixed as to issues
and so disconcerting in sequence jf
I testimony, that one is at a loss to
Imagine just what the jury MUST
think of it all now.
In its strict legal aspect, the case
against Leo Frank, while wonderful
ly well held together and set forth by
the Solicitor General, still Is not such
a case as would prompt one to pre
dict sure conviction.
Neither, however, has the defense
been of a nature warranting a pre
diction of sure acquittal.
If the technical^' legal case could
he differentiated In the mind of the
Jur$ from the psychological ease—if
the pleadings could he confined strict
ly to the primary issue, murder, and
not in anv manner confused with the
other unmentionable issue brought j
Into the case—the probable finding of
the Jury would be easier to antici- j
pate and forecast.
If Frank might have been tried fori
murder, pure and simple, NOW. and
LATER trie<J for the other thing, the
Jury might, and
be simplified im*
problem of the
doubtless would,
mensely.
But to expect the Jury to separate
in Its mind entirely the two things
Frank Is answering for is almost tc
expect of it the impossible—the su
perhuman!
Jury but a Part of the Public.
It has been seemingly impossible
for the nubile to do that—and, after
all is said and done, the Jury is but
a portion of the public, njade more
careful in forming its opinions, to
be sure, by the solemn oath it has
taken, but merely a portion of the
great public nevertheless!
The big card played against Frank
was the negro sweeper, Conley.
Upon his astonishing story turns
the State's entire case, from every
point of view.
Conley it was who first pointed the
direct finger of accusation toward
Frank and fixed upon him the awful
charge of murder, and Conley it was
who first spoke the word of unspeak
able scandal that has made Frank’s
road to acquittal a thousand times
harder to journey.
Pitted against Conley is Frank, al
most and pathetically alone!
He made a remarkable statement—
it carried with It every indication, so
far as the surface of things seemed
to show, of truth and straightfor
wardness.
If it was a sustained misstatement
of fact, told to save himself, It was
the most wonderful piece of work 1
ever witnessed.
In his own behalf Frank was far
and away the very best witness the
defense put forward.
If it shall so fall out that he be ac
quitted, that statement must and wil/
be credited with a tremendous share
of the responsibility thereof.
It has behind it, too, some things
that the Conley statement has not—
among other things, a long record of
respectability, integrity and business
standing, vouched for by an abun
dance of very high-class evidence as
to Frank’s character.
And yet—it was not delivered on
oath, and it certainly carried a load
of self-interest.
Undoubtedly much has crept into
the case, or been lugged in, that is
irrelevant, but—well, it i§ In, and that
Is the end of It, perhaps!
If Frank is convicted there will be
grounds innumerable for asking a
new trial; and if that is refused,
there will be an abundant assignment
of error whereby a reversal possibly
may be had later and a hew trial or
dered.
Frank, however, has staked his all
and everything on acquittal—to be de
nied that Is to be denied the hope
of all hopes that sustain him to-day!
And so, after the evidence ail Is in,
and the public at last is face to face
with the forthcoming verdict—after
four months of nerve-racking sus
pense, swung this way and that, and
never knowing exactly what to think
—there is but one thing human be
ings of normal minds and poise can do
to-day.
They must await the verdict with
minds prepared to accept it as the
truth—the very best human ingenuity
and the forms of law can establish by
w r av of Justice and right.
Either an acquittal or a conviction
—the one final, and the other a matter
to be reviewed—would be the finish
of this trial most satisfactory' to the
public.
Ail that any man SHOULD desire—
all. indeed, that any honest man CAN
desire—is that the truth be recorded
In the Frank case. In the light of rea
son, common sense and Justice, as
man is given the light to see!
Both the defendant and the State
have much at stake—the one has his
life and his liberty, the other has the
majesty of the law, which in the pro
tection of the lives and liberties of all.
It is easy to find fault, to say that a
mistake was made here and there;
that sins of commission and sins of
omission marked the progress of the
trial from both sides.
But that, and none of that, gets us
away from the fact that the trial has
been as fair and square as might have
been expected—and whatever the ver
dict, no man will have the right to
say that undue favor has been shown.
The verdict of the Jury—“twelve
good men and true”—that the public
should be prepared to accept, loyally
and sincerely, as the TRUTH of the
Phagan murder, in far as Leo
Frank is concerned therein.
'*2
*2
August Furniture Sale
This salt 1 was carefully planned six months
ago and the 10 to 50 per cent reductions em
brace :
First—Every piece of our regular furni
ture on the warerooms and on the floors.
Second—Special purchases from manu
facturers who supply us regularly.
Customers wishing to profit by the Au
gust prices and desiring more than the usual
30 days’ credit, can arrange terms through
our office.
(Furniture—Fourth Floor)^^
For College Girls, Brides or Matrons
A hand-embroidered shirtwaist will
1 please them all. Exquisitely embroidered
! shirtwaist fronts, on sheer voile and lin-
I gerie, are to be sold for $1.98. The designs
! are beautiful and the work is perfection.
! Before the number diminished we sold
! these for $2.50 and $3.50, but we dislike
i to keep this beauty hidden.
(Embroideries
SJ.98
-Main Floor, Right)
:jj Neckwear of Beauty
The new Fall Neckwear has arrived. But—that is too
5 conservative when speaking of this array of loveliness. Rich
> Oriental effects for the! stately matron—dainty pink and blue em-
5 broideries for the bnds—-modest little colored embroideries on ecru
for the schoolgirl and beauty for all. 29c to $6.00.
«2 New tartan and bandit striped sashes are here in full force.
Fringed ends -ready for the quick, novel adjustment which brings a
y* frock up to the minute in style. 2Va yards long. $1.75, $3.00, $5.00.
(Neckwear—Main Floor, Right)
: Center Aisle Greets You
With a Sparkling Trio of Good Values.
£ Hatpins 25c.
Imported 6-inch hatpins,
Sg small heads, set with clusters
ag of most brilliant rhinestones.
2 on card 25c
» Bandeaux 25c
Hair Ornaments $1.49.
Jeweled barrettes, back
combs and other hair orna
ments. Beautiful and ex
clusive. Values from $3 to $7
«2
£
r*i
New coiffures demand bandeaux. These
would adorn the head of Psyche herself—-so
prettily are they set with brilliants, pearls
and corals. Were good values at 50c to $1, are
now but 25c.
= 69c—Leather Bags—69c
Regular $1 and $1.50 values, but an odd assortment, so all
7* will go for 69c. Frames—German silver and leather-covered.
Uj Top strap handle, round and creased bottoms, leather and
■5 moire lined. Fitted with neat coin purses. Mostly black, but
some in colors.
tj! (Center Aisle—Main Floor)
1 Handkerchiefs Wave Farewell
5
ii
Watch Out
1 Indigestion
1 Dyspepsia
Constipation
Biliousness
will surely “get you” .
if you are careless and
1 neglect the Stomach,
I Liver and Bowels. Be i
I on guard, and at the
first sign of trouble
always take
|HOSTETTER'S
I STOMACH BITTERS
1 It tones, strengthens,
! invigorates the entire
system. Try it now.
M
In fact, that’s what we expect. We are not anxious to
keep these broken lots in the store. You will be glad we feel
that way when you see:
Pretty Handkerchiefs—15c each.
Some white, others with colored borders. Black and
white borders on many. Values—25c to 50c.
All Linen Handkerchiefs—25c each.
Ladies’ embroidered ,and men’s hemstitched handker
chiefs. Worth 50c to 75c each!
All-Linen Handkerchiefs—6 for 49c.
Ladies’ initial handkerchiefs. Only a few initials lack
ing. Values—98c to $1.25.
All-Linen Handkerchiefs—6 for 98c.
Many styles. Unusual opportunity to get very good
handkerchiefs for less than the price of ordinary ones. Val
ues—$1.50 to $2.
School Days Are Nigh
i
Get the children handkerchiefs before the last
; minute.
j Girls’ Handkerchiefs—6 for 29c.
! All-linen hemstitched and in-
! itial handkerchiefs. Used to cost
50c, but you can buy six for
your little girl at 29c.
; Boys’ Handkerchiefs—6 for 69c.
- All-linen, with neat initial.
Serviceable. Best $1 value—
good for Dad,, too.
(Handkerchiefs—Main Floor, Left)
Here Again, Double-Front
Petticoat 98c
i
This eliminates use of two petticoats. Narrow style, careful
ly fitted with buttoned placket, neatly scalloped hem. Double
front gore makes it the preference under summer frocks,
Ought to mark it $1.25.
, (Musllnwear—Second Floor)
Dainty Kimonos
98c
Flowered lawns, in Empire
style. Some have large, fancy
collars. Pink, blue and lav
ender—all in floral designs
with borders to match.
Were $1.25, now 98c.
August Blanket and
Bedding Sale Continues.
I Neat House
. ■*
Dresses
I 98c
§2 Ginghams and percales with
5 little tailored touches which
=2 remove them from the eom-
p2 monplaee. You can take
’2 absolute satisfaction in their
2 simple prettiness'. Were $1.25,
now 98c.
MMffiMMM M. RICH & BROS. CO. WAVAWJ
R