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TTTE ATLANTA GEORGIAN AND NEWS.
By JAMES
Frank Hooper's speech in behalf of
the prosecution against Leo Frank,
charged with the murder of little
Mary Phagan, reflected much credit
upon Ijim.
It was fair, to the point, well
thought out and appealing In tone and
delivery.
It went for the defendant, hammer
and tongs, but it was devoid of any
thing that might be construed as be
low the belt.
Undoubtedly, it was not pleasant to
the defendant, sitting there, stolidly
following the words of Hooper—but
Dorsey and Hooper, in Its Anal aspect,
have m^de out a most dangerous case
against Frank, and Hooper was there
to explain and sustain it. He per
formed his duty in a way that hardly
can fail to bring him lasting applause
and commendation.
If, however, Frank felt to the fall
the gloom of the case made out
4 against him by Hooper, he was more
than abundantly taken care of when
Arnold followed.
The case made out in defense of
Frank by Arnold was extremely
plausible—it covered in detail every
point developed by Hooper. It, like
Hooper’s, was a speech evidently
carefully considered.
Jury Held in High Esteem.
Now, the thing about these two
speeches that made them particularly
and uniquely noteworthy, perhaps, is
that both were seemingly designed for
the consideration of a jury held to be
highly intelligent and not apt to rush
pell-mell to a verdict either for or
against Frank.
And if the opposing counsel enter
tain that opinion of the jury—if they
hold it in such compelling esteem and
respect—and if the jury is such a
jury as deserves that opinion, which
I tjiink it is, then the chances are that
its verdict will be righteous and just,
whatever it may be.
And that the finding of this jury
SHALL speak the truth, the whole
truth and nothing but the truth—
that, in the words of Hamlet, “is a
« consummation most devoutly to be
wished!”
"Try this case, gentlemen, accord
ing to the law and the facts!” said
Fr«*nk Hooper, addressing the jury
Thursday.
That is the final and the ultimate
request any man for or against the
defendant could or should make of
the “twelve good men and true” there
to pass upon the fate of Heo Frank.
Neither the State nor the defense,
in justice and right, dare will plead
for more or less!
The two opening speeches in mur
der trials are presumed to outline
clearly the trend of the completed ar
guments both vrays.
Concluding attorneys may amplify
and enlarge upon points raised uy
opening attorneys, but they rarely g:
far beyond the primary outlining of j
the two main points of view r .
And so, while Rosser and Dorsey I
may go further than Hooper and Ar- |
nold in invective, sarcasm, ridicule
and passionate outbreak, neither js
ant to add anything material to either
side, as compared with the things
Hooper and Arnold have said.
There is some advantage to the
State—or, at least, there is supposed
to be some advantage to it—in that it
has the concluding argument before
the jury.
No Injustice There.
Some people think this is an inj%. c ’-
tice and a hardship upon the defense,
but when one comes to consider the
theory upon which that practice is
founded the apparent injustice and
hardship of it vanishes, and it may
be seen readily enough that in this,
q as in so many things, the law has
B. NEVIN.
been most carefully thought out—and
is just and right.
The law throw’s about the defend
ant at bar the presumption of inno
cence—it places upon the State the
burden of proving him guilty, rather
than putting upon the defendant the
burden of proving himself innocent.
But the law, having done this, per
mits the final voice to be the voice
from the grave.
The dead—he or she is not there to
speak, and to say as to the truth,
and so the law directs that the State’s
prosecuting counsel shall speak it in
stead.
Thus does the law, with impartial
hand, protect first the defendant and
then protect quite as jealously its
own majesty, and the rights of the
dead!
The law*, however, in the event the
defendant elects to introduce no wit-
i nesses in his behalf, and to rely sole
ly upon his own isolated statement,
! not under oath, reverses the order of
argument and permits the defense to
open and close—for the law will not
permit a defendant even to place
himself at a disadvantage without
fully compensating him for the same!
What will the Frank jury say?
Will it find the prisoner not guilty,
clear his name of all stain and send
him forth a free man?
Or will It find him guilty and fasten
upon him forever the disgrace of one
of the most inhuman and diabolical
crimes ever comm!‘U»d la Georgia?
To render the latter verdict it must
believe Frank a monster, lost to every
sense of decency and right—a man
who has meanly and unpardonably
deceived his mother, his wMfe, his
friend®, his faithful employees and
his acquaintances. It must believe
him a cruel murderer, for an un
speakable lust—the vilest and mos*.
evil creature ever known among his
kindred and his kind!
Will the jury believe that? It is
not easy to think It will.
And yet—
The Alternative.
Not to believe it is to believe those
girls w’ho swore Frank’s character is
bad, who cited instances of a suspi
cious nature to uphold that belief, are
wrong—that they knew him not. not
withstanding their opportunity—and
that all the circumstances of the
crime seemingly connecting him w’ith
it are errors, and that Conley's story,
no less too big to be true than too big
to be untrue, still is untrue, and that
all the things alleged against Frank
either are wrong naturally or wrong
by design and malicious purpose!
Will the jury look at the matter
that way? It is not easy to think it
will!
And yet, again, it MUST believe the
one or the other—or there will be
no verdict!
What, then, CAN honest minded
mortals, men and women who want to
see the right and the right alone pre
vail, do other than put their faith
in the JURY there, and believe that
it will speak the TRUTH of this case,
no' matter what may be anybody’s
preconceived opinion?
The time for argument has passed.
Rosser and Arnold and Hooper and
Dorsey have about concluded that.
The general public should now pre
pare itself to receive the verdict as
the final and determining circum
stances in the case.
Individual opinion la interesting at
times, but after all, one man’s opin
ion is as good as another’s, but not
more so.
The Important Thing.
What you think, reader, and what
I think, is relatively inconsequential
—the thing that matters SUPREME
LY now, and the thing that alone
matters supremely, is what does the
FELINE WAIF FINDS PROTECTOR
IN PRETTY HOTEL ANSLEY MISS
This is Miss
Gladys
Brinkley and
‘ ‘ Governor
Slaton” in
special pose for
camera man.
“Governor”
is never quite
happy unless
he is safe in the
arms of his fair
guardian. No
one can step on
his tail then—
he’s sure
of that.
Why is the soda cracker today
such a universal food?
People ate soda crackers in the
old days, it is true—but they
bought them from a barrel or
box and took them home in a
paper bag, their crispness and
flavor all gone.
Uneeda Biscuit—soda crackers
better than any ever made before
—made in the greatest bakeries
in the world—baked to perfection
—packed to perfection—kept to
perfection until you take them,
oven-fresh and crisp, from their
protecting package. Five cents.
NATIONAL BISCUIT COMPANY
JURY think, and what will the jury
say!
No one of us has the opportunity
to know so well the ins and outs of
the case as the Jury. The Jury does
not read what I write nor does it
hear what, you say. It is there, in
the courtroom, aside from the out
side world, off to itself, a thing apart
—there to do Justice, to the State
and to Frank, though the heavens
fall!
There is no responsibility upon in
dividuals expressing opinion pro and
con. They are not under oath—the
life of a human being, on the one
hand, and the majisty of the law of
the land on the other, are no direct
legal concerns of theirs.
It is all very well for you to say,
‘‘If I were running this thing I would
turn Frank loose in a Jiffy,” or “If
I were running this thing I would
hang Frank,” when there is no le
gally imposed and oath-bound obli
gation upon you to render a verdict
that means something definite in
law.
With a juryman, however, the case
is different—he is there to fashion a
finding that means everything!
Within twenty-four hours, per
haps, the public will know what the
Frank jury thinks of the case made
against him. /
The jury may convict him, and it
may acquit him.
No man possibly can know at this
time—and nothing is so uncertain
in the matter of forecasting as the
verdict of a jury.
Public Should Accept Verdict.
But whether it be acquittal or con
viction, the public should, and the
law-abiding public WILL, prepare it
self to accept that verdict as right
eous and just.
No man ought to be willing to set
his opinion doggedly against that of
those “twelve good men and true,”
whatever their verdict may be.
Leo Frank, the defendant, is en
titled to all the protection the law
gives defendants—he is entitled to an
absolutely fair trial, without favor
or prejudice, one way or the other.
He is entitled to all of that—but no
more.
The State has rights as sacred as
the defendant’s—they must be con
sidered.
What more can human ingenuity
and the forms of law provide by w’ay
of finding the truth of a case like
the one now on trial, than has been
provided in the present hearing?
“Governor Slaton” Is One of the:‘Get Off the Line!
Most Distinguished Young We're Being Married’
Cats in Atlanta.
i
“Governor Slaton” was peeved, and
justly so, for a hurrying traveling
man had stepped on his tail. He
arched his back, dug his claws into
the soft rugs at the Hotel Ansley and
snarled vengefully. He loved no
body and nobody loved him.
Then Miss Gladys Brinkley came
DAYTON. OHIO, Aug. 22.—“Do
you. Louis Motzel—” “Number,
please.” —"take Florence Igou—”
“They don’t answer.”
“Oil, Central, please get off the
line, we’re trying to get married.”
Yen. Louis Motzel and Florence
Igou had their troubles getting mar
ried over the telephone. Cupid finally
got the phone plugs in their proper
places on the switchboard and Squire
along. Miss Brinkley is one of the j Koehne was able to finish the cere-
prettiest of the young women who I m °ny.
STATE ASYLUM INSPECTED.
Representative J. R. P. Thompson,
chairman of the House Committee on
the State Sanitarium at Mllledgevfile,
will report Friday that the affairs of
the institution are in excellent condi
tion. He completed his Inspection
Thursday.
NEGRO HELD FOR MURDER.
Dave Wright, a negrr who wpe shot
by .-ibe Smith, another negro youth,
Tuesday afternoon in Courtland
street, died in Grady Hospital Thurs
day. Smith is held awaiting prelimi
nary hearing on a charge of murder.
work at the Ansley. Diners unite in
saying that the smiles she dispenses
as she hands out the hats at the door
of the rathskeller are worth more
than the dinner.
It was one of those whole-souled,
joyful smiles tha Miss Brinkley be
stowed on the disconsolate “Govern
or.” The “Governor” succumbed to
the witchery of the smile and knew
right away that he had found a
friend. So he sheathed his claws,
dropped his back, and leaped straight
into Miss Brinkley’s arms, where he
purred contentedly while she stroked
him behind the ears and crooned over
him.
For “Governor Slaton” isn’t what
you might think he is at all!
He’s a cat!
And the “Governor” is quite a re
markable cat, too. To begin with, he
is snow white; not a blotch of color
mars his sleek beauty. He is abso
lutely alone in the world, having no
brothers and sisters, and his mothei
deserted him when he was quite
young. He is further distinguished
by the fact that he probably is the
only cat in captivity born In a big
hotel. For the “Governor” first saw’
the light of day in a vacant room on
the thirteenth floor of Atlanta’s new
est hostelry.
“Governor Slaton” does not care
much for human companionship—ex
cept Miss Brinkley—but once in a
while he will allow Mrs. Morgan, who j
keeps a shop on the mezzanine floor,
to pat him. He has no use for men,
unless they come bearing gifts, which
he accepts and then sticks a claw
into the hand of the giver. He Is
happy about six hours a day. That
is when Miss Brinkley is on duty
and he can snuggle up at her feet or j
purr luxuriously in her lap.
And Miss Brinkley likes the “Gov- |
ernor,” too.
“All cats are nice,” she said, “but 1
just dote on ‘Governor.’ He is bo
well behaved, and never tries to
scratch me. He always hunts me up
when I go to work, and will sit with
me for hours at a time. The ‘Gov- |
ernor’ has been my friend ever since j
I first saw him, the day the travel- |
ing man stepped on his foot. I felt
Motzel and Miss Igou had found
two magistrates absent from their
offices, and when they reached the
office of Koehne, only to find him
gone, they located him at a construc
tion, three miles from the city, and
he readily consented to “tie the knot”
by phone.
Sympathy for Fugitive Great, and
He Is Elated as Court Delay
Aids His Fight.
Continued From Page 1.
so sorry for him I couldn’t keep from
cuddling him.”
The hotel attaches tell a rather re
markable tale about the coming of
the cat, which shows why he was
named “Governor Slaton.” It seems
that when the rugs came to the Ans
ley and workmen took them to the
thirteenth floor, a big white cat Jump
ed out when they unrolled one. Kitty
ran down the hall, and no attention
was paid to her. Two weeks later
the hotel opened, and Governor John
M. Slaton was the first man to regis
ter. The same night one of the hotel
employees found a little white cat on
the thirteenth floor, crying its little
heart out for something to eat. By
consulting a few clocks and watches,
it was learned that the cat had been
boro at the exact moment Governor
Slaton was inscribing his name on
the hotel register—hence the name.
Thaw will never go hack to Mattea-
wan," said Colonel Frazer.
The officials of the Department of
Immigration are marking their time
and doing nothing. There was ap
parently nothing for them to do with
Thaw in jail and his custodv entirely
in the hands of the court. If the
court turns Thaw loose or holds that
he can be extradited, he will be
turned over to the Immigration De
partment officials at once. Clarence
J. Sheain, a New York City lawyer,
is expected to arrive here before
nightfall with a complete list of the
records in Thaw’s various habeas cor
pus fights in the New York State
courts. Mr. Shearn will make the
seventh lawyer in the case.
Alienists Say He Is Sane.
Dr. W. A. Sterring, Dr. G. L. Hume
and Dr. J. O. Ledoux, who examined
Thaw at the request of Dr. Britton
Evans, a New York City alienist, have
made an affidavit to the effect that
Thaw is rational and sane.
These are the various lines along
which Thaw now is fighting:
Delaying arguments on his ha
beas corpus fight that he will
have to be kept in Jail and can
not fall into the hands of the Im
migration Department.
Having his sanity established
by Canadian specialists in order
to prove to the Government he is
not an undesirable.
Appealing to the American
State Department and the Gov
ernor of Pennsylvania to assist
him as a resident of the United
States and property holder in
Pennsylvania.
Preparing to ask for an in
junction to prevent extradition or
deportation if turned over to the
officials of the Immigration De
partment by the court.
Still Clever, He Tells Mother.
Securing the court’s permission
to get his temporary freedom on
bail, os that he might leave the
country and forfeit it.
Resist the service of the Dutch
ess County, N. Y., warrant charg
ing him with conspiracy in his
escape from Matteawan.
Thaw to-day wrote a long letter to
his mother. In which he said he hoped
soon to meet her in Cresson, Pa.
“My cleverness is not exhausted
yet,” he told her.
When the prisoner looked through
the barred window of his cell and
saw a crow’d of several hundred peo
ple in the street* about the Jail, he
showed his elation. The people of
this part of Quebec are still mak
ing a gala occasion of Thaw’s en
forced stay here. There are so many
visiting lawyers, newspaper men and
tourists that hotel accommodations
are becoming scarce.
Gives Sheriff the Lsuah.
Sheriff Hombeck, of Dutchess
County, New York, who came here
wdth District Attorney Conger, of
the same county, to take Thaw on a
conspiracy warrant and land him back
in Matteaw’an, planned to leave for
home this afternoon.
“I can not do any good here with
my hands tied,” said Hombeck. “It
is a certainty that Thaw will be de
ported.”
When Hombeck went in to say
good-bye to Thaw, the fugitive’s face
was wreathed in smiles.
“This is the time I beat you, Sher
iff,” cried Thaw, delightedly.
Sherbrooke Would
Give Thaw Chance to Flee.
SHERBROOKE. QUEBEC, Aug. 22.
The Sherbrooke Record publishes the
following:
“If the illegality of the arrest of
Thaw at St. HermenegUde de Bar-
ford is established, there are some
good Britishers who believe the fair
thing to do Is to take Thaw' back to
the little hotel at St. Hermenegilde
and there set him free.
“Reset the atage exactly as It was
when he was illegally apprehended.
Let the sleuths upon the track be set
back a certain distance and a fair
start given the fugitive.
“If Thaw is to be finally disposed
of according to law' he should not be
handicapped in his defense by illegal
acts against him in the name of the
law, is the contention.
The Fly;
nil aan mi m—mmJm i
The Mosquito
with spongy feet collects the Invisible
germs of dtsrase—spreads them over
our food and poisons ns with typhoid.
with Its MU Injects Into
our veins MALARIA.
TATE ARE all exposed to such dangers—our only armor is good red
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L
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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”
U
This daring actor in his new role ex
plains how T 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 will 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 p 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
bv Hugh S. Fullerton, 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 can have all the news
of the whole universe—sports, financial,
foreign, political and local—delivered at
your front door for 5 cents f Better clinch
the bargain at once, and order from your
dealer or by phoning Main 100.
£3
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