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TTTE ATLANTA GEORGIAN AND NEWS.
3
GEORGIA'S GREATEST
ITS FATEFUL CLOSE
FORMER EMPLOYEES iSSISm,
WHO ATTACK FRANK’
MISS MYRTICE CATO.
By JAMES B. NEVIN.
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 lawyers to
argue the matter to the jury—and
then, after the court has given the
jury the law in charge, ther e 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 end!
It is do lbtful 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
working 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
Bhould 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
selves; it has concerned itself with
the love of two mothers, and it has
be differentiated in the mind of the
jury from the psychological case—if
the pleadings could be Confined strict
ly to the primary issue, murder, and
not any manner confused with the
other unmentionable issue brought
into the case—the probable finding of
the jury would be easier to antici
pate and forecast.
If Frank might have been tried for
murder, pure and simple, NOW, and
LATER tried for the other thing, the
problem of the jury might, and
doubtless would, be simplified im
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 public to do that—and, after
all is said and done, the jury is but
a portion of the public, made 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 an*] pathetically alone!
He made a remarkable statement—-
It carried with it every indication, sc
far as the surface of things seemed
to show, of truth and straightfor
wardness.
If it was a sustained misstatement
made to bleed the heart of a wife, and fact, toM to save himself, It was
has brought sorrow unspeakable to the m0 ’ st wonderful piece of work I
the minds of hundreds of loving GVer witnessed
friends, both of the accused man and
the dead girl.
Sleeping Prejudice Aroused.
It has, with sordid emphasis, sup
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
pressed but unmistakable, made man- j quitted, that statement must and wi 17
Ifest deep-seated prejudices and opin- ^ credited with a tremendous share
ions—gathering as it swept along of the responsibility thereof.
many things foreign to the real point
in issue, until the one big stake the
It has behind it, too, some things
that the Conley statement has not—•
cards must settle presently has, at among other things, a long record of
times, been completely lost sight of. respectability, integrity and business
! standing, vouched for by an abun-
j dance of very high-class evidence as
i to Frank’s character,
tire scale of human emotions—there i And yet — it was not delivered on
is little by way of sinister or grim 1 oath> and lt cer tainly carried a load
appeal that has not been, somehow 0 f self-interest.
and even now is not easy to locate I
with certainty.
The Phagan case has run the en-
ancl sometime, injected into it!
Undoubtedly much has crept into
But, after all is said and done, per- the case, or been lugged in, that is
haps the matter has been thrashed
out thus far in the light of the best
intelligence that might have been ap
plied to it.
irrelevant, but—well, it is in, and that
is the end of it, perhaps!
If Frank is convicted there will be
grounds innumerable for asking a
At times, fate has seemed all too j 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 new trial or
dered.
All Staked on Acquittal.
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 sq, after the evidence all Is in,
and the public at last is face to face
v\-4th the forthcoming verdict—after
four months of nerve-racking sus-
The one means an ignoble death If pcn.^ie, swung this way and that, and
qever knowing exactly what to think
—there is but one thing human be
ings of normal minds and poise can do
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 said
and done by both sides to the Frank
trial that, as strict matters of la*v
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.
sustained: the other means a worse
than ignoble life thereafter in the
penitentiary.
In a measure, too, the charge of to-day.
murder has been swallowed up and
They must await the verdict with
accept it as the
obscured by the other monstrous mlnd9 preparad t0
thing—and yet one can hardly se?
wherein the defense may complain of
that, in that the second charge got j way of justice and right.
truth—the very best human ingenuity
and the forms of law* can establish by
Into the record with 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.
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.
All that any man SHOULD def»ire—
’4all. 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
And, error or no, he has maintained man j s given the light to see!
an impartial average of judicial fa
vor, so to speak, and he will come
through unsullied and uncriticised.
What effect upon the jury the evi
dence will have is highly speculaive
and problematical.
Both the defendant and the State
have much at stake—the one has hiF
life and his liberty, the other has the
majesty of the law, which is the pro
tection of the lives and liberties of all.
It is easy to find fault, to say that a
If the jury were not composed of mliHake wa , mad( , h( , rt , and there .
human beings and could confine it
self to those things alone lt has been
legally held to, the pathway to ac
quittal of Frank might seem brighter.
But the trial has been so long
drawn out, so full of perplexing de
tail, so worrying and fretiing to sim
ple analysis, so mixed as to- issue*- - ,
and so disconcerting in sequence jf
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 w r ell 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
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 th«-
Phagan murder, in ho far as Leo
Frank Is concerned therein.
VI DALI A GINS RUNNING.
VIDALIA.—The cotton is well un
der way and both gins at this place
are running, ten or twelve bales pet-
day being ginned. At Higgston, how
ever. the gins will not start until after
a rain, as there in not water enoug 1
If the technically legal case could to run them.
MONTCLAIR, N. J., Aug. 21.—Mrs.
L. H. Forster’s pet cat was murdered,
seemingly by a dog, whereupon Mrs.
Forester rushed into police head
quarters here and asked that Snap,
a dog owned by a neighbor, be
charged with the murder and duly
executed.
Asked if she knew* to a certainty
that Snap was the culprit, she an
swered in the negative, but declared
she felt sure Snap killed her cat, “be
cause he was sniffing in my yard
afterward.’’ The police contended
that Snap had a right to sniff and re
fused to have him haled into court.
Women Control 3
Big Baseball Clubs;
Mrs. Locke Magnate
PHILADELPHIA, Aug. 21.—Wom
en’s rights ' are becoming rear and
earnest in major league baseball.
To-day three women control the
majority stbek in three National
League clubs—Philadelphia, New
York and St. Louis. The hand of
Providence gave this power to the
woman in each instance.
Mrs. William H. Locke, widow of
the president of the Phillies, Is the
most recent of the trio of the women
magnates. She obtained a controll
ing interest in the local National
League club last week, when her
husband died.
She is not expected to take an
active part in the management of the
club. She will depend on her cousin,
William F. Baker, the acting presi
dent, and her father, David C. Sny
der, secretary-treasurer.
Morgan Is Refused
Seat on Own Road
BOSTON, Aug. 21.—J. P. Morgan
with his valet and handbags the other
day boarded an express train at New
London for New York and demanded
a seat in the parlor car. There was
none left and the conductor was
dreadfully sorry, for Mr. Morgan
practically owned the road.
He was led to an ordinary cda“’t
and his valet stowed away on a seat.
Further developments resulted in the
conductor seizing the baggage mas
ter's private camp chair and exca
vating a place in the parlor car for
Mr. Morgan, who rode to New York
perched on the camp chair and wab
bling rather wrathfully.
Couple Married 11
Times in 4 Years
HAGERSTOWN. MD„ Aug. 21.—
Mr. and Mrs. Frank Vernon lay claim
to being the moRt married couple in
the world. They’ve had the knot tied
eleven times. They first were mar
ried in Columbus, Ohio, in 1909, then
in Montreal in 1910, in Scotland, Eng
land, Wales, Germany, France, Bel
gium and Russia in 1911; in Australia
in 1912, and in Mexico in 1913.
Vernon said it merely was a hobby
of theirs to be married in every dif
ferent country they visit.
miss marie karst.
First Woman Umpire
Success in Chicago
CHICAGO, Aug. 21.—Mrs. J. E.
Waters, wife of a Woodlawn business
men, claims to be the first woman
appointed to umpire a baseball game.
She officiated at a contest between
teams made up of members of the
Woodlawn Business Men's Associa
tion at Marshall Field to-day.
“I know the game well and am
proud of being the first woman um
pire,” said Mrs. Waters before the
game. “With women umpires gener
ally I think ther would be much less
rowdyism at games.’’
Stole Her Husband’s
$120,000 Stamps
Special Cable to The Atlanta Georgian.
PARIS, Aug. 21.—The police claim
ed to-day to have solved the mystery
surrounding the theft of $120,000
worth of rare stamps from the col
lection of M. Hadimirza, the famous
Persian stamp collector, by causing
the arrest of his wife.
According to th<* authorities. Mine.
Hadimirza confessed taking the
stampn and fleeing to Berlin, but re
fused to divulge their hiding place.
Hadimirza had the finest collection in
the world.
Mackay Would Teach
Scotch to the Scots
Special Cable to The Atlanta Georgian.
EDINBURGH, Aug. 21.—Clarence
H. Mackay, who, with a party, is
grouse-shooting at Fattereaso, in
Kincardineshire, has been teaching
the Scots how to pronounce his sur
name.
The natives think this is rather
funny, as Mackay is the name of a
Highland clan.
In Scotland it is ahvayn pronounced
to rhyme not with “day,” but with
’’die.”
200,000 Blistered
Hands Resume Work
On Missouri’s Roads
T
Good Roads Boosters Are Aroused.
Big Ovation for Pathfinders Is
Planned in Birmingham.
Court-Martial Is Too
Lenient,Says Daniels
WASHINGTON, Aug. 21.—In ap
proving »he courhnarlial sentence cf
Paymaster Theodore J. Arms, found
guilty of “culpable inefficiency in the
performance of duty,” Secretary of
the Navy Daniels deplores the in
adequacy of the pentenee—loss of
three numbers—and accuses six mem
bers of the court who recommended
clemency “as placing themselves on
record in favor of condoning the of
fense.”
As officer in charge of the commis
sary of the battleship Louisiana Arm’s
negligence made lt possible for the
chief commissary steward to defraud
the United States out of $7,060.
Princeton Students
Farming 200 Acres
PRINCETON, N. J., Aug. 21.—
Within 100 yards of the Prlncetoh
University campus a farm of 200
acres is being cultivated by six un
dergraduates of that institution.
In a few weeks the crops from this
acreage will be dispensed to the
students of Princeton and the summer
work of the six college farmers will
clone.
BALTIMORE AND RE-
TURN—$20.95.
On sale August 22, 23, 24.
Through ^teel trains. Seaboard.
Good roads and highway boosters
of Atlanta and Georgia are watching
with interest the progress of Path
finder Ferguson, who is blazing a
trail from Atlanta to Ban Francisco
for Hearst's Sunday American and
other papers.
The Ferguson party is speeding
through east Alabama toward Bir
mingham. Arriving ther® about noon
Thursday the party will be escorted
into the city by a big delegation of
good roads boosters, city officials and
leading citizens, headed by a brass
band. Soon after the arrival a mon
ster meeting and reception will be
held in honor of the trail-blazers.
The tourists will resume the Jour
ney to Montgomery Friday morning
and are scheduled to arrive In the
Alabama capital Saturday. From
Montgomery the party will proceed to
Mobile, thence to New Orleans, Dal
las, Houston, San Diego, Los Angeles
and Ran Francisco.
Enthusiasm Augurs Success.
If the enthusiasm manifested in the
big campaign all along the route from
Atlanta to Birmingham is an indica
tion of that w r hich is to follow from
Mobile and New Orleans on to San
Francisco, the ultimate success of the
project is assured.
Seldom in either Georgia or Ala
bama have people been known to take
such interest in a campaign of this
sort. Leaving Atlanta Mondav morn
ing, the Ferguson party arrived at
Au-ntell, where a big delegation of
Douglasville good roads boosters met
the tourists to escort them to Doug-
lasville. Here Mayor Upshaw and
Editor Drake acted as hosts at a re
ception at the Douglasville Hotel. Not
to be outdone by their neighbors, the
Tallapoosa boosters took the tourists
In hand Tuesday morning and escort
ed them across the State line to Hef
lin, Ala., -where another reception was
held, with Booster R. A. Perryman as
the host.
Contest Over Routes Develops.
From Heflin the tourists proceeded
direct to Anniston, where a new -port
of evidence of the immense interest in
the campaign was found in the form
of a contest between rival delegations
from Ashvllle and Riverside, who want
the highway between Anniston and
Birmingham.
Mr. Ferguson settled the contro
versy for the present by deciding to
go by way of Ashvllle on this trip and
via Riverside and Pell City on the
second trip to San Francisco. Al
though the Riverside enthusiasts were
keenly disappointed, they took their
medicine manfully and went back
holhe Tuesday afternoon to begin
work on the road in prepartion for
Mr. Ferguson’s trip several months
hence. The official route through this
section of the country will not be se
lected until both routes have been
checked over Carefully.
Following arrival at Anniston Path
finder Ferguson declared the roads
between Atlanta and* the Alabama
city w r ere In good shape in most places
and highly capable of affording a
first-class trans-continental route. If
the citizens of Georgia and East Ala
bama do as much for the roads in
the next two years as they have done
In the last two Mr. Ferguson declar
ed, the highway through this section
will be Ideal.
The records Mr. Ferguson Is making
show the road between Austell and
KANSAS CITY, Aug. 21.—Reeking
with the odor of liniment, displaying
sorely blistered hands and cheerfully
trying to persuade aching back mus
cles to do their bidding, the men of
Missouri w'ho joined the crusade of
Governor Major to make the State’s
roadways better resumed their toil
to-day.
Few desertions were reported
among the 100,000 men who gave up
other duties for two days to “pull
Missouri out of the mud.” They
promised that to-day’s setting sun
should shine on $1,000,00 worth rf
road improvement.
Governor Major himself was *out
near Jefferson City to-day directing
the operation of a road-making ma
chine. He toiled tirelessly alongside
grocers, undertakers, barbers, preach
ers, plumbers and men of every line
of business.
Queen Mary Won’t
Let George Run Club
Special Cable to The Atlanta Georgian.
LONDON, Aug. 21.—A committee
of the exclusive Marlborough Club de
cided recently to have a ladles’ night
once a w*eek, on which members
might bring ladies to dinner, with a
quiet little game of cards afterward.
A resolution was submitted to King
George, who has absolute authority in
all such matters, as the club was
founded by King Edward, and he ap
proved it.
I^ist week, however, the King noti
fied tlie club that on second thought
he withdrew his approval.
It is said Queen Mary caused the
King to change his mind.
cum 10 LIFT
BAR TO CHtEK
Will Make Official Request to
County Board So Peachtree
Work May Be Taken Up.
Hail Ruins $50,000
North Dakota Crops
MfNOT. N. D„ Aug. 21.—Fifty to
seventy-five thousand dollars’ dam
age to crops of Renville County re
sulted from a terrific hailstorm. The
damage extends from Tolley across
the international boundary.
The path of the storm w'as five
miles w ide and more than thirty miles
long.
Rancher Buried Alive
By Mexican Rebels
a
SAN FRANCISCO, CAL., Aug. 21.—
Among the recent arrivals from Mex
ico is Sydney M. Sutherland, from
Mexico City. He said:
“Deeds are daily committed in
Mexico wffiich it would be difficult to
credit in this country. The so-called
revolutionists, who are nothing but
outlaws, have done things to their
own countrymen and to foreigners
which Americans can scarcely believe
possible in this age.”
He told of seeing an t.ged ranch
owner buried alive by Zapatists.
‘Minute Men’ Guard
U.S.Flag to Germany
WASHINGTON, Aug. 21.—Selected
as a guard of honor for the American
flag that will accompany the mem
bers of the German Patriotic Society
of America to the fatherland, ten offi
cers of the “minute men” of Washing
ton, a semi-military organization,
have departed with the flag, the gift
of the Daughters of the American
Revolution.
They joined the society delegates
on board a specially chartered liner
for the voyage to Bremen.
Denial that Captain Robert M. Clay
ton. City Chief of Construction, had
made official request that the County
Board of Commissioners rush the
cleaning out of Peachtree Creek so as
to have the work completed before
the opening of the new sewage dis
posal plant has been made by Com-
mlslsoner Thomas Winh.
“The members of the board have
read in the newspapers interviews
from Captain Clayton in which he
urged the work,” said Commissioner
Winn, "but we have never been com
municated with officially. It occurs
to me that the proper way to go
about the work would be for the City
to officially Inform the board of the
work that Is necessary.
“I am sure the Commissioners
w'ould give the matter immediate con
sideration and that lt will be the very
best that possibly can be done to
give the new plant a fair trial, with
out the handicap that naturally
would result from e congested out
flow. The board can do nothing until
the matter is properly presented.”
Captain Clayton In a statement said
the matter of cleaning Peachtree
(’reek so as to give a free outflow
for the sewage disposal plant never
had been presented to the board of
ficially, but declared he did not think
it necessary.
“In personal conversation with
every member of the board,” he said.
“I have urged the importance of this
work, and personally w r ent before the
board emphasizing the fact that the
removal of the accumulated driftwood
from the bed of Peachtree Creek is
necessary to the successful operation
of the new sewage plant.
“However, in order to remove all
doubt and get the work started as
soon as possible, I will at once make
a written statement to the board of
the necessity of the work, and invite
its co-operation. I also will take the
matter up with the Bond Commis
sion.”
chairman Quilllan, of the City
Bond Commission, said he will call a
meeting of the commission at once
and take formal action on the mat
ter. The Public improvements Com
mittee of the Board of Commission
ers meets Saturday morning, and it
is probable the official requests of
Captaih Clayton and the Bond Com
mission will be laid before the board
then.
a
Douglasville to be one of the finest
stretches in East Georgia. The road
bed is built of fine granite soil which
is damaged very little by traffic.
From Douglasville to Tallapoosa the*
road Is not quite so good but is in
such shape that a small expenditure
would put it in excellent condition
The entire route from Austell to Tal
lapoosa is over the old Tallapoosa
highway, which In former times was
the Tallapoosa Indian trail. The pres
ent road was constructed about 25
years ago.
The Ferguson party traveled over
a new route from Tallapoosa to Heflin,
Ala. A part of the road is In fairly
good shape, but other sections are
rough.
These bad conditions will soon be a
thing of the past, however, through
the mutual co-operation of the Ala
bama farmers who are giving a pari
of their time to working the roads in
Cleburne County. Between Heflin and
Anniston the road is bad in spots.
Watch Out
1 Indigestion
1 Dyspepsia
Constipation
Biliousness
will surely “fret you”
if you are careless and
1 neglect the Stomach,
I Liver and Bowels. Be
I on guard, and at the
. first sign of trouble
always take
;HOSTETTEITS
! STOMACH BITTERS
1 It tones, strengthens,
I invigorates the entire
I system. Try it now. |
Summer Dresses
and Linen Suits
Greatly Reduced at ALLEN’S
$6.95 to $10.00 Dresses
$12.50 to $16.50 Dresses
$18.50 to $22.50 Dresses
$25.00 to $30.00 Dresses
$35.00 to $40.00 Dresses
$45.00 to $50.00 Dresses
$2.45
$4.45
$6.95
$8.95
$11.95
$15.95
Any Linen Suit in the House
$4.45
J. P. Allen & Co.
51-53
Whitehall St.