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& r - 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. Cash Grocery Co. 118 WHITEHALL 25lbs.$ugar s 1- No.10 u,7LARD s 1 !5 Winner Milk - - 10c 4Dc Coffee, fb - - 28c 35c Wesson Oil - • 24c WOLFSHEIMER 114-116 Whitehall Street Specials for Cash Only Stew Meat 8c Brisket .' 10c Pot Roast 15c Rib Roast 17y 2 c Chuck Steak 15c Round Steak .... 17%c Loin Steak 20c Porterhouse Steak ,20c LAMB Lamb Stew .. .* ,9c Lamb Shoulder .. 12%c Lamb Hindquarter .15c Lamb Chops 20c Hams, Sugar-cured Picnic 14%c Hams 19c to 21c Breakfast Bacon .. 21c WOLFSHEIMER 114-116 Whitehall Street BANKRUPT SALE! Millinery Supplies for Retail Merchants and Milliners < $26,000.00 STOCK OF MYERS MILLINERY CO. HOW OfTSALE> Purchasers Can Select Just What They Can Use in Their Own Busi ness at Less Than Cost to Myers Millinery Co. Stock Consists of Following Items, To-wit: / ‘‘Ribbons, $5,600; wire, $194; hat pins, $65; thread, etc., $288; mourning veils, $100; hat bands, etc., $378; braid, $950; velveteen, $98; velvet, $1,285; English crepe, $155; felt, $65; furs, $47 ; maline, $367 ; chiffon, $998; scarfs, $188; veiling, $706 ; lace, $812; mull, $124; silk, $1,000; plumes, $3,839; aigrettes and fancy feathers, $2,800; flowers $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