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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- 1 ors now on hand. Genuine; if 75c values for only 59c. |j The New Fall IH i g h Shoes; i -— ; | f o r Women, Misses, | il Boys and Children \ are on sale at popular S prices. Now- is the better «: time to make selections while | sizes are plentiful, and be-1 fore the rush. ' i R i c s ] 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