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VfTTC ATLANTA GEORGIAN AND NEWS.
FRANK CALM AS HOOPER ARGUES TO SEND HIM TO THE GALLOVl
Stoically and Unblinkingly He Listens to Scathing Arraignment of Sta
ACCUSED ATTEMPTED TO
DAUGHTER OF JUROR
WAITING TO SEE 'PAPA'
GANTT. STATE SAYS
Continued from Page 1.
factory, and. gentlemen of the Jury,
most of these girls had quit working
at that factory from two years to
three weeks before the time of this
trial.
"Every one of them said his charac
ter wan bad. Did you notice the em
phasis with which they wild 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 Incensed they felt toward
the Immoral conditions which existed
at this factory?
"You have those who are still there
who will say that his character is
good, but you have those who have
left who invariably say his character
is bad. We put them on notice from
the very first that we w-ere 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, hut ten of them say, ‘Bew’are
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 is 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 wen; superior to them.
This defendant, assisted by the noble
Darley and the handsome young
Schiff, practically had these girls'
morals m 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 daily 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?
”1 expect most all of you have read
that little f*tory, "Dr. Jekyll and Mr.
Hyde.” We are all dual characters;
none is so good but that there is
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 seek* associates
of his baser passions, then it is that
we get a glimpse into his other na
ture. So it is with this defendant.
"He didn’t seek opt the bankers and
people of his regular sphere when his
baser passions 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 fact* 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 hie protection, was In his
eye, the eye of lust. He w as 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 ever knew' Mary Phagan.
~ i said t*> Gftxgtt, a man reared in the
same community, several weeks be
fore the tragedy, ‘You are pretty thick
with Mary Phagan?’ He had her in
his mind. Next we see him getting
Gantt removed, and It was Just after
he bad remarked what a good office
force he had. The fir*t 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. I
haven’t nald anything about him yet.
but he comes in right here. He was
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 again* weakness
—and after three and one-half days
you saw Conley unshaken. His evi
dence was written ns fast as he talked
and my friend here, Rosser, carried
him back over the same ground again
and again, but they could not break
him down, because it was the truth.
It continued to pour like the waters
through a mill race, because that ne
gro didn’t have sen*e enough to lie.
He was telling for the first time the
real story of what actually happened
that fatal day.
Other Men and Women
Corroborate Conley.
“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
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
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 might
bring out even more of the truth.
What they brought oift did Frank no
good. They beat upon him mentally
but he remained unshaken.
"This defendant is a smart man 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 man and
then the other.
“But let us go hack to Jim Conley,
the Jim Coni A 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 othel
people come there; that he saw men
and women meet there; and, gentle
men. there are other people who cor
roborate Jim Conley; who said they
saw men and women come to this
pencil factory and meet the defend
ant there.
Says Affidavits Fit Exactly
With NegTo’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
Mre. White came downstairs she saw’
a negro sitting exactly where Jirn
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 w’hat wag
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 w r as 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 saw Mrs. White, but he
Margaret
Louise Wisbey,
whose father
Is on the Frank
Trial Jury.
,V.;VV.
t >
< * -• f -y
admitted that he was napping about
this time. Now w r e come to the time
of the tragedy. Jim was still there.
“But about this little Mary Pha
gan. A little girl who asked for
Man’s money had 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 Schlff told
you, 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 was to watch at the door
as he had done before. He wanted
him to watch while girls came up to
the office to chat with him. You
will notice something peculiar about
that word ‘chat.’ It is a word 1
never have heard before, but you will
notice that there are two persons that
use It. One of them Is Frank and the
other Is Conley.
Paints Word Picture of
Little Mary Phagan.
"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 makes 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,
with her curly hair and bright eyes,
and trim figure.
"She came with a little boy. They
must have been sweethearts. She had
an engagement w ith 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 horribly
f
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 w’ent
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 la
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 to combat him.
"It had to be got around. You don’t
have to depend altogether on Jim
Conley’s story. Monteen Stover went
to his office after Mary Phagan, ani
he was not here.
Rosser Interrupts to
Enter an Objection.
“In the meantime another little girl
was waiting in 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 gained 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 a ripple of laughter that
ended when she realized his hellish
purpose; the scream that ended when
her life began to ebb.”
Bosser Interrupted Attorney Hooper
to say that there was no evidence
about laughter. Hooper replied: “AH
right; I was mistaken.”
"The scream.” Hooper continued.
“and then those fast running foot
steps, That was Frank coming to get
the cora that strangled the child
Then he gave the signal for the negro
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 his
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 show 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 thdt
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 Ms 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 be
heard over the entire building, and
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.
How Did Conley Know
He Came From 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 Instincts of hu
manity could 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 tho courtroom so faith
fully through all this trial. I can not
understand how she has had the
bravery to do it.”
AX this point Attorney 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 negro 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 don’t think Frank had any
$200 in his 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 hack to you.’
Tells How He Arranged
To Dispose of the Body.
"False again to the poor negro who
had carried out his hellish purpose,
he compromises with a cigarette box
containing about $1.50.
"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 back 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
o’clock, where he had an engagement
with Conley to dispose of* the body,
and he knew that Newt Lee was go
ing 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 short?’ 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 w r ould not harm a flea.
He reassured Frank by telling him ne
nad come to ^et a pair of shoes ne
had left in the factory. But Frank
didn’t want him in there, and told
him the shoes had been swept out.
Charges Frank
Lied to Gantt.
“Gantt 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 cf the factory, or did he
really think the shoes had been swept
out? He told a lie, and he was so
afraid Gantt would find something
that he sent him in under guard.
“And, gentlemen of the Jury, as he
stood at that entrance in the presence
of Gantt the thought was going
through his head, ‘It is going to be
known in a day that Mary is gone.
Lord knows I don’t want to let you
inshore, but 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 Gantt found both
pairs of shoes, showing, gentlemen of
the Jury, that Frank had never seen
the negro sweeping them out.
“Did he lie 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 called again
and asked if that long-1e~*red Gantt
was there.
"And when he found that Gantt 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
Joke* No wonder that his family
I could say that he had nothing on his
! mind.
“Another Thing on His
Mind That Night.”
"But yet he hAd another thing on
his mind before the night had gone.
During the early hours his 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
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 bum.
“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 his hands
and was completely filled with nerv
ousness.
“But, gentlemen, he is a wonderful
man. Though he stood there and
quivered that Sunday mom, not a one
of 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 same 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
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
htfd 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 some 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 Sunday night? That
struck me a* 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 please 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
schemes had fallen through,
last resort the defense has throw
whole attack on Conley.
“There is one other thing I wai
mention—that big stick and the 1
piece of paper found by the shre
smart Pinkerton detectives who't
find anything, even an elephant, on
floor. These were found after n
merous searches, weeks after the mui
der.
“Unfortunately, they showed tht
slip of paper to Mr. and Mrs. Cole
man, but there was a figure *6’ 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 Mincey. 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 wa*
brought into the courtroom and sworn
with the other witnesses.”
Rosser: “You are mistaken.”
Hooper: ‘1 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 and
squarely to show you and the defense
your positions on these various
points."
Hooper concluded. Then Judge
Roan asked Solicitor Dorsey to cits
the authorities upon which he expect
ed the court to base its charge to the
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 decisions.
“Use Common Sense,’’
Hooper Tells Jury.
After the jury returned to the box.
Hooper read from a great many au
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
wa3 r ,” 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 esnse 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
or not it is an absolute certainty.
“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
to direct.
Alibi Must
Be Complete.
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 ip 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 possi-*
bility 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 not ex
plan or controvert it, the strongest
presumption is lhat it is true.”
Negro Boy Held for
Drowning White Boy
DOUGLASVILLE, Aug. 21.—Will J
Tally, a negro boy, Is in Jail here ; L
charged with the murder of Fred Hol-
llnsgworth, a white boy, at LithiaJ
Springs.
It is alleged that in a struggle be-J
tween the boys on the banks of Sweet-1
water Creek the negro struck Hol-j
lingsworth with a rock and pushed;!
him in the creek, where he waal
drowned. The negro says they were
in swimming and when the white boy .
became strangled he was unable to
save him. W
JEFF DAVIS CORN RALLY.
VIDALIA.—The boys’ corn clubs df
Jeff Davis County held a rally at
Hazlehurst Wednesday, all the clubs
In the county having representation.
A program previously arranged
carried out.