Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 21, 1913, Image 3

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THE ATLANTA GEORGIAN AND NEWS. GEORGIA’S GREATEST MURDER TRIAL NEARS ITS FATEFUL CLOSE FORMER EMPLOYEES WHO ATTACK FRANK MISS MYRTICE CATO. By JAMES The evidence in the Frank case all has been delivered; the last word has been spoken, both for and against the defei^ant, 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, 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 end! It is doubtful 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 womanhod, who probably nevpr knew, and if knowing, still not comprehend ing, why that awful fate should have come upon her so suddenly and so un avoidably! 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 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 vith certainty. The Phagan case has run the en tire scale of human emotions—there is little by way 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 inteligence 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 estopepd from proceeding as it thought it had a right to proceed. Undoubtedly things have been saiA and done by both sides to the Frank B. NEVIN. 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 obscured by the other monstrous thing—and yet one can hardly se? wherein the defense may complain of that, in that the second charge got into the record with the consent of the deefnse, 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 it. And, error or no, he has maintained 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. If the jury were not composed of human beings and could confine ?t- self to those things alone it 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 fretting to sim ple analysis, so mixed as to isBue*?, 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 well held together and set forth by the Solicitor General, still is not such a case as would promnt 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 be differentiated in the mind of the jury from the psychological case—;f the pleadings could be confined strict ly to the primary issue, murder, and not in 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 be,en 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 *c expect of it the impossible—the su perhuman! Jury but a Part of the Public. It has been seemingly impossible for the r*ublic 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 : Rancher Buried Alive By Mexican Rebels 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 which 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 ; ged ranch owner buried alive by Zapatists. U. S. EXPORTS TO SUiS Hi! ALCOHOL 3 PER CENT. AVegclabL Preparation for As slrailating the Foodam/Regula ting (lie Stomachs amlilowelsaf Promotes Diges(1on.Chcerfut ness and Rest.Contains netttar Opium.Morphine norMinmL No-r Narcotic. CASTORIA For Infants and Children. The Kind You Have Always Bought Bears the Signature of Jttapr ofOUDt&MUafflWlA fiaopkw SttJ- JUdhSOt- skmcSml + min*.. WhmSui- - iwmttjtttn riuTir. Aperfecl Remedy forConsfipa- tton, Sour Stowach.Diarrhoea Worms .Convulsions .Feverish ness and Loss of Sleep. Pac Simile Signature of dLtffzs*- NEW YORK. In Use For Over Thirty Years .V Alb months oDl jj£ JjDoSES-JSCfNTS i-rthe Food a .Guaranteed ■Erect Copy of Wranoer. r*-r ciNTion boumni. * - Remarkable Increase in Trade Is Cited as Proof of Need For Reciprocity. 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- wardnes. 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 will be credited with a tremendous shire 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 v8y 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 cas'\ or been Digged in, that is Irrelevivvi, but—v ell, . and that Is tbs 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 new trial or dered. AH Staked on Acquittal. Frank, how r ever, has staked ihs 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 all 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 MISS MARIE KARST. 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 I way 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. All that any man SHOULD de*ire— 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 iight to see! / Both the defendant and the State have much at stake—the owe has his life and his liberty, the other has the majesty of the law, which is the pro tection of the l«ves and liberties of all. | It is easy to find fault, to say th; 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 so far as Leo Frank is concerned therein. Hail Ruins $59,000 North Dakota Crops Queen Mary Won’t Let George Run Club Special Cable to The Atlanta Georgian. LONDON, Aug. 21.—A committee of the exclusive Marlborough (Hub de- j cided recently to have a ladies night j once a week, on which members j might bring ladies to dinner, with a j 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. Last week, however, the King noti fied the club that on second thought he withdrew bis approval. It is said Queen Mary caused the King to change his mind. WASHINGTON, AOg. 21.—The need of reciprocity with Canada wap Strik ingly shown in a report issued to day by the Bureau of Foreign and Domestic Commerce. This report sets forth that despite the high tariff wall between the United States and the Dominion that territory during the fiscal year just ended was the world’s largest pur chaser in the market of the United States. The total value of United States ex port* for 1913 was $415,000,000 against $216,000,000 in 1910. “Manufactures,” says the report, ‘ form about two-thirds of the Ameri can merchandise exported to Canada, and were the chief factor in the re markable gain by waich trade has practically doubled in three years.” Under the broad reciprocal agree- | ment urged by Mr. W. R. Hearst three years ago, tariffs on the mutual ex change of the commodities of the United States and Canada would have been lessened to such an extent that the Dominion imports would have far exceeded the 1913 fiscal year figure. A Clinching Argument. Step* were taken to-night to bring this report to the attention of Con gress as the most convincing argu ment yet advanced for the enactment into law of an agreemet between the United States and Canada. It was pointed out that inasmuch as the Hearst reciprocity agreement adopted in an amended measure by the Taft administration, called only for decreased duties on commodities mutually exchanged, the manufac tured exports of the United States would have remained practically the same, while Canada’s purchases from the American farmer would have greatly increased. Through the drastic reductions it) the prepent tariff bill, Canada will virtually get all the advantages pro posed in the reciprocal agreement, without making return to the United States. ' She will be able to purchase more cheaply than ever in the United i States, while the American consumer will still have to pay Canadian duties | on goods imported from the Dominion. The report in part follows: “Passenger and freight car* im- prted from the United States in- | creased in value from $500,000 to $5,333,000 in the past three years, and the export of automobiles to the Dominion nearly tripled, increasing 1 from $3,333,000 to $9,250,000. Gains by Millions. “Other gains were copper pigs, bars, etc., from less than $1,000,000 to more than $6,500,000; steel rails, from less than $1,000,000 to nearl> $4,000,000; cotton cloths, from $760,000 to $2,500,000; locomotives, from $250,000 to more than $1,000,000; lumber, from $5,000,000 to $13,333,000, structural iron and steel, from less than $3,000,000 to more than $9,000,- 000: metal working machinery, from $333,000 to $2,333,000; agricultural implements, from $3,333,000 to practi cally $7,000,000. “The gain in raw materials and foodstuffs was less pronounced. “The actual gain in exports from the United States to Canada in the fiscal year, 1013, was $86,000,000; that in exports to the United Kingdom. $33,000,000; Germany. $35,000,000, Netherlands. $22,000,000; Belgium, $15,000,000; Italy, $11,000,000; Europe, a^ a whole. $138,000,000; to all South America, $14,000,000; to all North America, except Canada. $15,000,000. “According to Canadian figures the United Stales supplied 63 per cent of the imports of Canada in 1912, against 58.4 per cent in 1902. “The growth in the import trade* with Canada is less striking, the total being $95,000,000 In 1910, compared with only $121,000,000 in 1913.” n ‘Minute Men’ Gujtrd at 1 !; j 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. Watch Out Indigestion Dyspepsia Constipation biliousness will surely “(ret you” if you are careless and neglect the Stomach, Liver and Bowels. Be on guard, and at the . first sign of trouble always take ;H OSTETTER’S I STOMACH BITTERS 1 It tones, strengthens, invigorates the entire system. Try it now. >1 MINOT, N. D„ Auk. 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 was five miles wide and more than thirty miles loll”-. LOWRY NATIONAL BANK Capital $1,000,000 Surplus Savings Deparlnrcn! $1,000,000 Safe Deposil Bonesj l r J 1 AMERICA’S CHAMPION HUSBAND, NAT GOODWIN has come to the rescue of downtrodden men who dare not speak their minds, and reveals all the joys and heartaches of mat rimony in “WHAT i THINK OF MY FIVE WIVES” This daring actor in his new role ex plains how he found wife No. 1 “Like a Mother,’’ No. 2 “An Obligation,” Maxine Elliott a “Roman Senator,” Edna Good rich “An Error,” and No. 5 his “Life Pre server.” This wdll all appear in NEXT SUNDAY’S AMERICAN with the countless other features which have made The American the leading "newspaper of the South, as well as a posi-’ tive joy to the readers of Dixie. Lady Duff Gordon, who, as Lucille of London, is equally famous, will entertain her fol lowers with a description of MARRIAGE MARKET GOWNS •with which far-seeing mothers enhance the charms of their debutante daughters. And coming down to the doings of fash ionable Atlanta you will find that POLLY PEACHTREE was among those present at all the func tions of the inner circle, and will tell about them in her usual sprightly style. Moreover, baseball fans, as well as those who never see a game, will find a fascinat ing story in • THE PLOT FOR THE PENNANT by Hugh S. PYillertonj which begins in this issue. So, why worry about your Sunday reading when you know that in addition to these great features and a dozen others, you caji have all the news of the whole universe—sports, financial, foreign, political and local—delivered at your front door for 5 cents ? Better clinch the bargain at once, and order from yo*ur dealer or by phoning Main 100. m j y