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VFTE ATLANTA GEORGIAN AND NEWS.
ASKS 'HOW DID FRANK KNOW GIRL WOULD COME FOR HER PAY?’
No Way for Him to Know She Would Call on Holiday, Rosser Asserts
AS 'ACTIVE
CHARACTERISTIC POSE OF SOLICITOR
AS HE MAKES A CONVINCING POINT
Continued from Page 1.
pass our friends and do not reroanUe
them. The mind wanders in flights
of fancy and fits of revelry. We mean
no harm to ourselves nor harm to our
friends, but we aTe careless.
"Men, you are set aside. You cease
to be a part of that revelry of the
streets. In old pagan Rome women
walked the street*, chatted gayly and
carelessly, but a few were set aside—
the vestal virgins. They cared noj
folk the gladiatorial combats or the
strife.
"So It is with you set apart. You
care not for the chatter or the laugh
ter of the rabble. You are unpreju
diced. Yours is the sworn duty to
pass on a matter of life and death.
You are to decide on the evidence
without an echo from any hostile
mob. With noffear, no favor, no af
fection.
“Others may take the brave task of
standing up for the weak and op
pressed, but It Is not for you. You
are a still, silent, consecrated band.
You are to do your duty without one
thought of the past or the future.
You are here and now consecrated by
Justice to do your duty. I do not feel
that 1 can add to anything Mr. Ar
nold said except to touch the high
places and probably wander afield
some places where he did not go.
"No crime could be more frightful
than this. That little girl in the
sweetest period of her life was cut
down by some brute and the public
was horrified. We all agree that no
punishment would be severe enough.
It Is nothing but human nature In a
crime of this kind that a victim Is
demanded.
"A cry goes up for vengeance. It
Is the old law of an eye for an eye
and a life for a life. It la the primeval
man. The early Indian when his
companion fell by his side demanded
vengeance. He went out for a vic
tim regardless of who It was. But.
thank God, that age Is past and In
this intelligent twentieth century of
ours we no longer say, ‘Give us a vic
tim, a sacrifice,' but, 'Give us the gull-
ty man.’
Rosser Analyzes
Dalton’s Character.
“I believe this Jury Is a courageous
Jury. I know they are not like prime
val men. who sought to And a victim
whether he was guilty or not. Uet Us
see who is the man most likely to
have committed the crime. You want
to ask what surroundings such a
crime was likely to have come from,
and to look at the man who was most
likely to have done It.
“My friend Hooper understood that
He said that the conditions at the
factory were likely to produce such a
crime, but as a matter of fact the
conditions are no better and no worse
than in any other factory. You find
good men and bad men. good women
and bad women. What man raises
one word against the moral atmos
phere of that factor ? Conley? Yes.
I’ll come to him later, not now. Dal
ton? Yes.. 1*11 take up his case right
now.
“God Almighty when He writes
upon a human face does not always
write a beautiful hand, but He writes
a legible one. If you were In the
dark with that man Dalton, wouldn't
you put your hand on your pocket-
book? If you wouldn't, you are
braver men than I. The word 'thief
is written all over his face My friend
Rube Arnold said when Dalton came
to the stand, 'That's a thief or 1
don’t know one.' 1 smelled the odor
of the chaingang upon him. I 'reach
ed' for him: I 'felt' for him; I asked
htgi if he had ever been long away
from home. He evaded me When
he left the sland, I said, 'Rube, that
man's been in the chaingang as sure
as there's a God In heaven.’ And,
sure enough, we looked htm up, and
he had been Then he came to At
lanta. and they said he had reformed
But there are two things In this world
I do not believe In. One is a reformed
thief and the other is a reformed
woman of the streets.
"Joining the Church Is
Old Trick of Thieves.’’
“On the cross the thief prayed, and
the Master recognized him. He gave
him forgiveness, lie saw the thief
and before the thief spoke He recog
nised him as a thief. But the Lord
i* all-forgiving, and He said to the
thief. ‘This day thou shalt be with
Me in Paradise.' Now’, I have no
^laith in these reformed thieves. I
e no faith in a reformed pros-
ute. Tell me you can reform a
tief? 1 mean a thief at fteart. and
the man who has thievery in his heart
will carry it there all his life. H e may
steal with secrecy, and be safe, but
the thievery is still within him. You
may reform other criminals, but the
thief never.
•■Has Dalton reformed? Oh, he has
flone th* beastly thing. He has done
... y \ V
rv« -a
Hugh M.
Dorsey
snapped
the low, with a sanctimonious ex
pression on his face. He slinks down
upon a congregation of godly people
and deceives them, rte Joins them
in hypocritical carrying on of their
work. He deceives them. Why. gen
tlemen of the Jury, Joining the church
is an old trick of thieves, and here
before us we have had the real il
lustration, that of a thief who stinks
in two counties and goes into an
other to get away from the odor of
his past existence.
'Here is this man Dalton, of the
Anglo-Saxon race. Yes, gentlemen of
the Jury, he had a white face, but that
was all. He was black within. What
did he do, this thief who Joined the
church? Look how brazenly he ad
vertised his immorality. When he wm
placed upon the stand and questioned
as to his acts, he could have declined
to answer; he could at least have
hung hJs head \gt shame. But was he
ashamed? No; he was as proud of
his dirty immorality as a young boy
with a new red top. He amiled over
it. He gloated over it. It was the
first time in his existence that a
group of respectable men and women
had listened to him. and he fairly
gloated.
“Did you hear what he said when
asked as to what Frank was doing
in his office? He said: ‘I had such a
peach myself that I had no time to
give attention to anyone else.’ Gen
tlemen, he said he had Daisy, and
you saw Daisy. She was the ‘peach!’
Poor Daisy! She is not to 'blame. If
she hits fallen, which I pray to God
she has not, let us forgive her, like
the Saviour forgave the Magdalene.
“Gentlemen of the Jury, I don't say?
all of us have been free of passion’s
lust, but I do say that most of hu
manity guilty of the crime hold It
private. A gentleman wants decent
surroundings when committing such
an act. He wants cleanliness. No
decent man ever stood on the stand
and bragged about the peach’ that
he had. Why. even the beasts of tho
field hide that.
“Burns had it right when he said ‘n
that poem about ’be gentle with your
brother man, be gentler with your sis
ter woman.’ that ends with the llna,
' ’Tls human to step aside.’
“Dalton went and got that ’peach’
and carried her to his scuttlehole like
a gopher. Did you ever see a gopher?
My friend Hooper used them for
chains down in South Georgia all his
life. The gopher has a a hole, with
usually a rattlesnake for his compan
ion. Ain’t that a fine combination?
In that dirty, filthy old hole of the
pencil factory, on old goods boxes,
with an odor which if put to the noso
of a skunk would be offensive, where
a dog w’ould not step aside, where an
old lascivious cat would not crouch—
that’s Dalton. Yet only he and Jim
Conley have brought charges of im
morality against this factory.
“I am going to be fair with you,
gentlemen, if I can. I am going to
tell you the truth. 1 thought this case
was to be tried by a Solicitor Gen
eral. God save the mark! I’ve never
seen such partisan feelings before.
Says State Witness
Left Serpent’s Trail.
“This arm of the State Is to protect
the weak, yet I’ve heard something
I’ve never heard before, and I never
expect to hear as long as God lets me
live. The Solicitor said, Til go as far
as the court will allow me. That's
the crux of this whole case. When
the Solicitor General said that, God
only knows how far the detectives
went. Dalton said he went to the
factory some time last year, between
the hours of 1 and 2 o'clock. Did he
go into the Woodenw’are Company's
part of the building or into the pencil
factory? There’s nothing to show,
except that wherever he went he left
the trail of a serpent behind him
Frank didn't know he was there. It
was Frank’s lunch hour. If Dalton
went, he was taking advantage of the
factory authorities.
“When w’e come to consider it,
what is there about this factory to
make it so bad as the State has tried
to paint it? It was searched by my
friend Starnes, who wouldn’t stop at
anything to get evidence. It was
searched by that delightful man John
Black. Do you know when I think of
him 1 Just want to take him in my
arms and caress him. And it was
searched by PatricK Campbell, that
noble detective who wouldn’t go on
the stand for fear I might ask him
about his tutorage of Jim Conley.
“The entire police department, in
all its pride, went over the record of
thAt factory with a fine-toothed comb
What have they found?
“Let’s see. In the first place we
have had a mighty upheaval in the
last two years. It is wrong to com
mit adultery, but with segregation,
the proper surroundings, and a de
cent amount of secrecy, the world tol
erates it. Bui Chief Beavers doesn t.
Gesticulations
aid the
prosecutor
in his
arguments.
pervert, Gantt would have been the
first man to testify to It?
“I had intended not to go into the
detail, but if you will hear with me
for a while I will. My friend Hooper
said he had fairly presented the
State’s 1 case. If he has they haven’t
a case and if he has not he has not
been fair to you.
Says Boy Was
Wheedled By Dorsey.
“They say Frank had been prepar
ing for this for several weeks. That
little fellow says he saw- Frank talk
ing to the little girl and calling her
■
He has combed the town with a fine-
toothed , comb. Young women have
had to fly to cover, and young men go
down the middle of the road. That
immoral squad; what do they call it.
Brother Arnold? Oh. yes; the vice
squad, ha* swept the town with a
broom until there is not one lasciv
ious louse left in the head of the
body politic. And now they try to
tell us this pencil factory was an im
moral resort.
"Who has one word to say against
that boy r Schifff? Who has a W’ord to
say against young Wade Campbell?”
Rosser turned toward Attorney
Hooper at this point, and continued:
"You w^ero willing, without one line
of testimony, to attack the charac
ters of these young men, so that you
may carry your case. You are willing
to clasp this Bertus Dalton to your
breast as though he were a 16-year-
old. If I know a single thing on this
earth I know' the ordinary working
man and working woman of Georgia.
I have an ancestry of working people
behind me. My parents were work
ing people. With 100 of Atlanta’s
working girls, with about the same
number of Atlanta's hardy working
men, in that factory on Forsyth
street. I assort they could not have
been there eight long years if the
factory had been an Immoral house.
Those girls would have fled. The
outraged citixeiis would have torn
down that old building, stone by
stone. You may assert that thos*
girls wouldn’t have fled, but I tell you
1 have a higher conception of the
Georgia working girl than to believe
for one minute that she would have
remained.
“If I am mlatakon. and 100 willing
females stayed there, and 100 thin-
blooded males Mood by and let con
ditions continue, I assert the factory
could not have lasted 48 hours. No
man in charge of a business of that
magnitude ever yet attempted to be
on terms of criminal intimacy with
the scores of women in his employ
but that they didn’t rule him with
stronger reins than the Queen of
Sheba.
"Prank’s Statement
Had Ring of Truth. ’ ’
“What do you think would become
of a factory superintendent who got
on intimate terms with his women
employees? This would be bad
enough for a native born American,
but what would you think full-blood
ed Americans would do or say about
a foreigner who came here and at
tempted such a tntng, ana especially
considering the antipathy which has
always been borne to the Jewish
race?
“Now. I have shown you that the
factory has been prosperous, and we
know well enough that it could not
have been prosperous if immorality
had been allowed to exist there.
“Now, let’s take up the man. I
don’t have to tell you that he is smart.
Every one of us knows that. When he
got upon the stand and talked to you,
he gave Illustration of being one of
the most remarkable men I have ever
met. His talk to you was. indeed,
remarksbla, and as I sat and listened
to it for the first time, I wondered
and marveled at the brain of the man.
*1 could never have made up a speecn
like that, even if I had had the brains.
And it wasn’t a written speech, either.
It was the truth, gushing out natural
ly as does the water from the flowing
spring. There was no force behind it.
There was no electricity there. It
w'as the plain, simple flowing truth as
mother Nature furnished It.
Gentlemen of the Jury, If Frank’s
talk to you had been forced, it would
not have had that ring of truth to it
You may make a silver dollar that in
appearance would fool the Secretary
of the Treasury. But drop that dollar
and the ring will tell. The real dollar
has the real ring, the sliver tinkle
that can not be mistaken. And the
real truth, like the real ring, has the
ring that shows that it is nothing but
the truth.
"Frank's words had the ring that
comes from old Mother Nature's
breast when telling the truth. The
old saying is that the idle brain is
the devil’s workshop. No one knows
this better than I do. When I am
busy, I am one of the nicest men you
ever met. I eat regularly and get
plenty of sleep, and I behave myse«f.
I mean I am fairly good. But let me
stop work for a couple of days and
there is no telling where I will light.
It is the man with nothing to do who
^ets into mischief.
Why Frank’s Character
Was Put in Evidence.
"Who do you catch stealing and
doing mischief all around? It is the
idle folks. An old banker retired
from active business in New York
was once given a banquet, and thie
is what h e said when his faithful em
ployees gathered around him: 'In my
40 years In this bank, it has been an
unfortunate coincidence that nearly
every man connected with the bank
has been under suspicion at one time
or the other. But there Is one thing
I wish to say. There was never a
hard-working, thrifty man among you
who was ever found guilty in the
slightest way.’
“Now, gentlemen of the Jury, that is
the way it is in every walk of life.
When you watch a great river flowing
on to the sea, you don’t take a spy
glass and pick out the little eddies.
No. You look at the heavy flow of
the waters as they move majestically
along.
"So it is with human life. It is
this way with the hard-working man
who follows the straight course and
goes on in a majestic flow on the
even tenor of his way. It is not for
the Jury, trying him, to take the spy
glass and search out the small eddies
in his character, but let them take
Ills full character, the broad and ma
jestic flow of it.
“If we hadn't said a word about
his character, the court would have
instructed you to assume a good
character. Under the law, we could
have remained mute, and his char
acter would have been good to you.
But we didn’t wish to do that. We
wanted you to know what manner of
man he was I say to you with all
the sincerity of my soul that no man
within the sound of my voice could
show as good character as he has, if
put to such a test. I am not dealing
with the infamous lies of Dalton and
Conley.
“But you say. ’Wait a minute. Some
people said he had a bad character.
That’s correct. I am not going to try
to fool you. 1 am going to deal with
the facts.
“1 couldn't tool you if 1 tried. Let s
see who they are who say he has a
bad character. You know you can
find some people to swear against
anyone. Suppose my friend Arnold
had occasion and so far forgot him
self as to put my character up. Don't
you suppose you could find a hun
dred men in Atlanta to swear that I
am vilely vicious? I am not—not ex
traordinarily so. but in my long prac
tice of law, perhaps I have wronged
someone. Perhaps sometimes in my
zeal I have been too severe, and some
people may think they have a Just
grievance against me.
“Now, what did this young man do?
Here are the young ladies, and I
haven’t a word to say against them.
The older I get the gentler I become,
if anything. Oh, why should I abuse
and vilify anyone? With our lives a
moment bright, then dark forever,
why should I?
Here is Miss Myrtice Cato. She
worked there three and a half years.
If she was a sweet, pure girl, and I
take it for granted she was, would
she have stayed there that long, con
stantly associated with Frank, if he
was a vile man? She would have fled
from him long ago. Oh, she has felt
the bitterness of the rabble since this
crime occurred. She was under the
tense heated atmosphere of this trial.
“Then Miss Maggie Griffin. She
worked there two months two years
ago. What does she know about
Frank compared with these women
who have been there for years?
“Miss Estelle Wlnkie had an exten
sive acquaintance with Frank. She
worked there one week in 1910. Miss
Carrie Smith, like Miss Cato, worked
there three and a half years, and the
othlr few worked there very brief
periods.
“That’s all. gentlemen, of the hun
dreds of women who worked there
during the last five years.
Scores Detectives
as "Active Gang."
"Why, I could And more people to
swear agrainst the Bishop of Atlanta.
They have searched every corner.
They have spyglassed every nook.
Starnes and Black and Campbell and
Rosser, generaled by that mighty de
tective. Chief Lanford.”
Attorney Rosser turned and ad
dressed the detectives grouped
around the prosecution’s table.
“You are an active gang.’’ he said
to them. “Not only that, but how-
much of the Minola McKnight meth
ods you have used nobody knows.
How they have wheedled and turned
and twisted the minds of these little
girls no one but God Almighty know s.
Hundreds of men have worked in
that facjtory, and they are the larger
vessels, but not one of them appeared
here to testify against Frank’s char
acter.
“Has no man who ever worked
there brains enough to scent the cor
ruption and the depravity that ex
isted around the factory? Here is
that long-legged fellow Gantt. My
friend Hooper here tried to explain
why he left, but you know why he
was Aired He was there for three
months. Don't you know that if
Frank’s character had been what they
said it was. if he had been the las
civious fiend, the brute and moral
Mary, and this Gantt said Frank told
him he seemed to know Mary Phagan
very well. Gantt did not tell that be
fore the coroner’s inquest and that
other young fellow had to be
wheedled and led by my friend Dor
sey, only to get tangled up and prove
that he knew nothing.
“Then what was next? The next
was a little boy named Turner. I am
not here to say anything against Tur
ner, but look at the detectives with
their claws about him. Remember
w'hat they did to Minola McKnight,
and then you will realize what 'hap
pened to the boy.
“Turner testified that he went into
the metal room and saw Frank speak
to Mary Phagan^ Under the leading
questioning of the Solicitor, under,his
wheedling and coaxing, Turner said
that the girl backed off two or three
steps, but he admitted that it all
took place in broad daylight, and in
full sight of Lemmie Quinn’s office.
“Is it to be believed that a man in
sight of a whole factory, handicaped
by his raee, would have gone into the
metal room ana attempted those ad
vances with that little girl? Is it to
be conceived that this innocent lit
tle girl w'ould not have fled like a
frightened deer and would not have
run home and told that good step
father and the good old mother who
reared her?
“That little girl, Dewey Hewell,
testified that Frank put his hand on
Mary ’s shoulder, but there were Grace
Hix, Magnolia Kennedy and Helen
Ferguson. Do you believe that he
would have done this in their sight,
and that they would have said noth
ing about it when they were on the
stand?
Gantt Knows Nothing
Wrong About Frank.
“My friend from the wiregrass
(meaning Hooper) said that this was
the beginning of his diabolical
scheme. Then Gantt was turned on
as a part of the plot, Gantt being
the only one who knew of Frank’s
intentions toward the girl.
“Don’t you suppose that if this plot
had existed, Gantt would have been
the one who In clarion tones would
have proclaimed it from the witness
stand? Yet they had this long-legged
fellow twice on the stand, and both
times he said he knew nothing wrong
about Frank.
“Conley says that Frank told him at
3 o’clock Friday afternoon to come
back Saturday. Now, gentlemen, do
you believe that? Don’t you know
that Frank had every reason in the
world to believe she would not be
there Saturday? Placards had been
posted all around the factory, telling
that it would be a holiday. All of the
employees knew of it, and there was
nothing to show that she did not
know of it. They paid off Friday
afternoon, and there were some en
velopes left over, but Frank did not
know whose they were. Schiff had
paid off, and had put the envelopes
up. Frank had not even seen them.
Now, little Helen Ferguson said she
went to the office Friday afternoon
and got her envelope, and that she
asked them to give her Mary Pha-
gan’s. She said Frank declined to
give it to her, and that when he did
this, sh e turned and walked away.
“Now, we have Magnolia Kennedy,
who says she was right there with
the little Ferguson ^irl, and that she
did not ask for Mary Phagan’s pay.
Now one of them is mistaken, but this
Is not of much importance, so we will
pass it on.
“How did Frank know that Mary
! Phagan would come to the factory at
all on Saturday. Th e custom had
been that when employees failed to
. get their envelopes on regular pay
j days before holidays, that they pass-
i ed over th e holiday and waited until
I the next regular working day to draw
I their pay. So we see from that that
t there was absolutely no reason why
Frank should have expected her there
on Saturday.
“Now, what else? They say Frank
was nervous. He was, and we admit
it. A young boy went there, said he
saw Frank, and that he was nervous.
Black said he was nervous. Darley
said he was nervous. Mr. Montag,
his wife, Isaac Haas, and a number
of others, all said he was nervous.
Of course, he was nervous, and there
were lots of others around there that
were nervous. Why don’t they hang
Jake Montag? Why don’t they hang
old Isaac Haas? They were nervous.
Why don’t they hang all those pretty
little girls who became nervous and
hysterical when they heard of this
terrible crime? Wouldn’t the sight
of this little girl’s body, dragged in
the dirt and crushed into the cinders,
have made you nervous too?
Only Manhunter Not
Moved By Child’s Death.
“Man is a cruel monster. He Is
hard-hearted. They say he is a little
below the angels, but he has fallen
mighty low in ages past, if
the angels haven’t descended with
him. Yet I have never seen a man
who when he looked upon a little
girl crushed that some of the divinity
that shapes his head did not arouse
him and cause tears to flow down his
cheeks.
“I am not chicken-hearted. I could
see one of you badly hurt without
going Into hysterics. But I never
hear the cry of a woman or a child
but that manhood and tenderness I
got from my sainted mother does not
arise in rebellion within me, and I
pray God if it ever shopld cease that
my end may come. *No one but the
manhunter with blood in his heart
would want to hang a man because he
was nervous from the death of a little
child.
“Then we come to that telephone
call. They say he did not hear it and
that that Is cause for suspicion. Some
people sleep lightly; others are hard
to awake. The wife of old man Selig
had to arouse him. They called old
Uncle Ike Haas and he did not hear.
His wife had to aw'aken him. Why
not hang old Uncle Isaac Haas? He
did not hear the telephone. Hang
him because he slept—a peaceful
sleep, evidence of a good conscience.
“They have another suspicion. He
hired a lawyer. I had known the
National Pencil Company, but I don’t
know that I ever saw' Frank until I
met him at the police station. Frank
had been down there on Sunday and
told them all that he could. I don’t
know- what was in the minds of the
detectives: I don’t know w-hat w-as in
the head of old John Black. God Al
mighty only know-s. That’s one rea
son I love John so. I can’t tell what’s
In his head.
“Then on Monday the police did
not have the same attitude to Frank.”
Hooper Says Rosser Is
‘‘Wire-grass’’ Man, Too.
At this point tiie jury was excused
for a breathing spell. Attorney Frank
Hooper, of the prosecution, came over
Continued on Page 3, Column 1.
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$3,282; children’s headwear, $845; ladies’ hats and frames, $1,750.”
This sale is being oonducted under order of the Referee in Bankruptcy, at the old
store of Myers Millinery Co., 39 East Alabama street, Atlanta, Ga. Terms ca«h.
H. A. FERRIS, Trustee