Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 22, 1913, Image 3

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THE ATLANTA GEORGIAN AND NEWS. 3 DORSEY'S TACTICS ARE FLAYED BY ROSSERjn.oo nRY ponne Pft They Will Never Be Repeated in Georgia Courts, He Say s'“ ON TO CURVES OF POLICE Continued From Paflo 2. to th© pros© table and said that he wanted to make an explanation of where he came from, after Mr. Ros ser's humorous references to him. *'W© both oame from Randolph County/’ Hooper said, “and I guess Mr. Rosser knows about as much •bout gophers and wire grass as I •The only suspicion against this man *sr that he employed me and he employed Herbert Haas. I felt a lit tle bad about ft because my friend IVymey didn't say anything about tfcube Arnold. Frank didn’t employ li lawyer Sunday, but on Monday the jHrtloe employed different tactics. ffhep»eent after him with two detec-’ tfwea. He wasn’t arrested—oh, no. Bwf'tny friend Black said he was re leased, When I asked him what that meant, If he wasn’t arrested, he had to ©droit that to all intents and pur- potsf^s Frank was under arrest. •Chief Lanford walked about with Ms accustomed dignity, and Chief Beavers, the beautiful one, scudded •round, and they left Frank to soak.” Here Rosser turned to Frank. “That’s the only time in this whole thing,” he said, “you didn't show good sense. If you had known what I know about that bunch, you wouldn't have gotten one lawyer, but would have gotten two goods ones, and you wouldn’t have been satisfied then. “But old man Slg Montag was a lit tle wiser than Frank. He knew that bunch. He was onto their curves. I am going to be mighty careful, though, about what I say about that police bunch, because if they take a notion they would get me for white slavery before to-night. “At any rate, Sig Montag called Herbert Haas and told him to go down there and see what is the mat ter with Leo Frank. Haas could not go. I will give a house and lot worth $20,000 to be in the same position he was that day. His wife was pre paring to have a baby. Not Arrested, But Had To Be “Released.” “Sig took the automobile and went down to Haas’ house and said you must go. They went to the police station, and what happened? That throws a whole flood of light on the matter. “No, Frank was not arrested, but he had to be released. I said to John Black, ‘John, what do you mean by released?’ He stammered and stut tered, and said, ‘Why, I just mean released.’ “These men went down to see a man who was not under arrest. was a free citizen sitting there, and yet they wouldn’t let his friends see him. They wouldn’t let his lawyer Haas see him. •'This mail Haas is not of my age or of my flesh, or of my experience. He called me up. If there is any crime in that he is the guilty man. My friend Dorsey, with hi* eyes close together, snapping like snake's, made much of the fact that Frank had hired the lawyer. The charges and insinuations that he has made are the most contemptible that ever have occurred in a Georgia court. The things that he has done in this trial will never be done again in Georgia. I will stake my life on that. Could Not Hire ire Devoted Lawyer. ►orseys pyes got as green as s on a woman’s dress as he ?d his charges against Frank of r dog and brutal murderer. You question Frank in his judgment; night have hired a better lawyer I. He might have hired a more nt lawyer, but he couldn't have i a more devoted lawyer. I will that for myself if I drop dead in tracks. nder what circumstances did Ik hire tlie detectives? He had , to the station house and was d to make a statement. I wen* n there, not at Frank’s invitation, le didn't know I was coming. Mr. s had asked me to go down there, I wasn't a welcome visitor at the •e station that morning. They t like me very well down there f didn't take my hat; they didn't me a warm welcome. I guess would have arrested me long hut they just don’t want me n there. I can't blame them for .nd when I reached there I saw lk for the first time in my life. I ted in and said, 'What’s the’mat- here, boys?’ You know, I Just I plain old common English. 1 t put on any fancy frills. Someone said, 'They’ve got Mr. nk under arrest here for murder.' of the detectives got up and , No, we lia'-epit’ Yet they talk ed about him not being under arrest at that time. Why Didn’i They Want Me There? "Someone said, ‘They want him to make a statement.’ I said, ‘Let him go ahead and make it.’ Right away Lanford and the others hustled him over to a room. They didn’t want me to go with him. “Now, I have always been a little bit Impudent, and when I started in, they said, ‘We don’t want you in here,’ and I said, kind of impudent- like, ‘I’m coming in, anyway. I won’t interrupt him, but I’m coming in.’ ’’And why didn't they want me in there? I don’t know. Wasn’t I as reputable a citizen as Lanford? Wasn't I as capable of protecting the law as he was? Gentlemen, while we were there a peculiar thing hap pened. I said a man could not have committed that crime and not have scars upon him. Frank showed them that he had no marks upon himself. "Why didn’t Lanford get upon the stand. Was it-because he dreaded to get in converse with me? No, he didn’t want to recall that dark Con ley chapter; that hideous Minola Mc- Knlght incident. "And after they had released Frank, what did they do? They went out to his (rouse and looked at his soiled linen, and what evidence did they find? Not a thing. "If Frank had been a guilty man, do you know what he would have done? Gentlemen of the Jury, he would have kept quiet. He would have kept his silence to himself. But he was not guilty and he did not do that. But he went home with the thought of this horrible murder in his mind. He thought of how a beast had committed the crime; of how God's laws had been outraged; of hiw there was a stain upon the fair name of this city. Says Frank Wanted To Find Slayer. “Then he sat down and did what? He telephoned Sig Montag that he wanted to hire detectives; that he wanted to ferret out and punish the murderer o fMary Phagan. “I have not had *oo high an esti mate of the detective department. I don’t mean they are not good, clever fellows, but no man can spy on folks, come in constant contact with crime and elevate his character. God Al mighty couldn’t do it. “You,” and here Rosser turned again to the detectives, “may not be made worse men, but you won’t be made better men. Nor Scott; I am sorry he has gone and will not hear what I have got to say. He crept into this case In the most remarkable sit uation I ever heard of. He got up on the stand and said, ‘We worked hand and glove with the city detectives.’ Ain’t that a fine gang? Do nothing outside of what the city police do. “Hiring Detective A Courageous Deed. ’ ’ “Some good man will hire him again. But I don’t care anything about that. I will let it go. The point is that F*rank knew that Scott was going to work with the police. I will give Scott credit for being that hon est. He told Frank he was going to lock arms with John Black and waik down the disgraceful avenue of this case. “This young Jew, just down from the North, ignorant of Southern cus toms, hired a Pinkerton detective to ferret out the crime. The detective told him he was going to trail with the police. Frank told him, ‘Find the murderer.’ He knew Scott was going to trail with the police, even if Frank himself was trailed. “Ah. gentlemen, his race has pre- ( rented many a heroic scene, but nev er one greater than this. Yet they want to hang him because he em ployed a detective. “My friend Hooper charged that he tried to point suspicion on Newt Lee. I don’t believe Hooper meant what he said. Frank first said there was no error in the time slips. The next day he said there was. Darley made the same mistake. Why not hang Dar ley?. “Then do you remember what ne said about the time being rubbed off of that slip? Dorsey had to admit that he erased it. I don’t mean that Dorsey meant any harm. Denounces Bloody Shirt Evidence. “Then the bloody shirt. Gentlemen, that is the most unfair thing in this whole case—to charge that that young man had that shirt planted. Black and Scott went out and found that shirt in the bottom l! an old barrel at Newt Lee’s house. They found it Tuesday morning, brought it in and Newt said it was his shirt.” Dorsey jumped to his feet at this moment and exclaimed that such was Luther Rosser s Tribute to the Jury “We walk the streets carelessly, absorbed in our own interests. We pass our friends, and do not recognize 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 are careless. “Men of the jury, you are set aside. You cease to be a part of that revelry of the streets. In old pagan Rome women walked the streets, chatted gaylv and carelessly, but a few were set aside—the vestal virgins. They cared not for the gladiatorial combats or the strife. “So it is with you set apart. You care not for the chatter or the laughter of the rabble. You are unprejudiced. Yours- is the sworn duty to pass on a matter of life and death. You are to decide on the evidence, with no fear, no favor, no affection. “Others may take the brave task of standing up for the weak and oppressed, but it is not for you. You are a s'till, 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.” not the testimony. Rosser said: “Newt Lee did. I got it out of one of those boys on the stand.” “No, he didn’t,” replied Dorsey. “Lee said it looked like a shirt of lyls.” “Well, we’ll admit it then,” Rosser continued; “we will just put it that way. We will suppose they went out and got a bloody shirt just like the one old Newt Lee wore and hid it in that barrel. “Frank didn’t even know where old man Lee lived. He certainly didn’t know he had a shirt that looked like that one. I never heard of going to such extremities to try to hang an innocent man. “But old man Lee—I don’t believe he hadanything to do with the crime itself I never will believe anything but that he found that corpse earlier than he said he did. I can't under stand how he knew it was white when it took the detectives so long to find cut. 1 can’t understand how he saw the body from where the detectives themselves said It was Impossible to see it. “And he said the f^ce was turned up and the police found it different. I am mighty afraid the old man knew it’ was a white girl, but I still don’t believe he had anything to do with the crime itself. If he did, he is the most remarkable old negro that ©ver lived. “Shame the Way They Treated Newt Lee. ” “If I nad his endurance, I would talk forever. It will be N a shame to the dying day of every member of that detective department the way they treated that poor old man. They talked to him until he got weary and his head hung low, and then they sent in a fresh relay, and when it looked like he couldn’t endure it any longer, they would come in with a battery of pistols and poke them in his face. “I am afraid Newt Lee saw the body before he said he did. But he is a wonderful negro. Oh, the dirty trick that you played on him will be a shame to you as long as you live. (Rosser looked at the detectives.) You hammered away at that old negro all hours of the night. But Newt wore the detectives out in relays. They fired pistols near him. “I am afraid he know* more about this than he ever has told. Let us listen to the story that he told. He told of coming to the factory that night and that Gantt and he stood out In front of the factory. He said that Frank appeared alarmed when he came out and ran into Gantt. “But the explanation that the negro gave was the very best that could be given. He said, ’I knew they had had some trouble, and I thought Gantt wa§ there to do Mr. Frank dirt.’ Lee and Gantt both say now that Frank jumped back, but neither said it be-* fore the Coroner’s inquest. No Wonder Frank Jumped at Seeing Gantt. “Is it to be wondered at that Frank jumped, if he actually did Jump, which I doubt? Why, you could take him and put him on the top floor of the factory with a girl the size of Mary Phagan and she could make him jump out of the window. He is not a strong man. He is a physical weak ling, comparatively. I am not say ing this unkindly, but the Jewish peo ple, once the bravest pn earth, are not the fighters now that they used to be. “As he came out of th© factory he was confronted by this giant, Gantt. He might have jumped back. If lit tle Dorsey had come out suddenly like that in the night he would have bent his back into a bow Jumping back. It Is little groveling, spake- like suspicions like this that have marked Dorsey’s whole case against the defendant. “They said also that Frank had thrown suspicion on Gantt. Scott gets up now and says that Frank told him Gantt was familiar with the lit tle Phagan girl, not in a bad way, as there has been no reflection upon this little girl’s character, but that they were friends in a good way. But, gentlemen of the jury, Scott didn’t say that in his reports to us. He didn’t say that in his reports to the police. He didn’t say that in his re ports to his agency, and now, in this connection, the understanding was that the Pinkertons were to furnish the police their reports 24 hours be fore they gave them to us. And this was done all the way through. “Now for old Newt Lee, and then I am through with the suspicious cir- cumstancese. Frank had told old Newt to come early Saturday, as that was a holiday, and having in his jnind at the time that he was going to the ball game. “The suspicion has been cast be cause he was afraid that he might discover something, that he might make the grewsome find uf that cruel ly mutilated body In the basement. “Is it conceivable that by a trick he would get oid Newt away for two hours and then leave him the whole night alone in the building where he was sure to discover the body? Then we know that Frank went home and calmly ate his supper; that he read, that he was light-hearted and told a joke. And my brother gets up and charges that Frank was so callous that he laughed. “Oh, gentlemen of the Jury, can you imagine that laugh? If Frank had been guilty of murder it would have been the laugh of a maniac. Now, Frank Ls smart. Is there a man here who Is such a fool that he believes that Frank would have sent the watchman away by a trick for two hours and would have then left the body with no one but Newt in the building? And Newt there all night? “Gentlemen, that would have weighed on his mind. He would have been raving like a maniac, waiting to be called by old Newt to be told of the grewsome find. Can you believe it? Oh, such a stigma; oh, such a hideous plot. No Chnce for Him To Commit Crime. , “There is one other suspicion. They say he was in the factory the time Mary Phagan was. But, "•entlemen, you know this only because Frank says it. You didn’t have to fish it out. He was not the only man there. If the corpse had been found there and he was the only man in the build ing, it might have been some proof; but there were others. He was In an opqn room. He had company every hour. Unless he was some magician there was no chance for him to com mit the crime. Up on the fourth floor were two young men. “If there is one thing indelibly fixed in this case, it is that this young boy could not see ingoers and outgoer* of that factory. 'Conley or some other negro was seen In the hall on the first floor. Yesterday there came out like a ray of sunlight on a wicked j world another negro, a lighter one. They had the same opportunity to commit this murder that Frank had. Who knows what white-faced scoun drel might have lurked around among those machine^. “Gentlemen, these facts drive out any suspicion that he did the deed simply because he was there. Father of Abraham, Isaac and Jacob, father of us all, may no such mean prejudice rankle in the hearts of this conse crated jury, to the undoing of this unfortunate young boyl “I know you will not blame me if I fail in my feeble steps to walk over this same ground that this legal giant (referring to Arnold) did yesterday. So I will touch briefly on some of these points. “I come to Conley. That part of the case fatigues my indignation. That white men should believe this infamous character is a shame on this great city and this great State, and will be to the end of time. .Who is this Conley? Let’s see who he used to be. A plain, dirty, filthy, drunken, lying, and I expect, lousy, negro. Scores Scott, Pinkerton Detective. “Have 1 overstated that? Starnes knows I have not. Black knows I have hot. I don’t know whether Chief Reavers’ dignity has ever got down low enough for him to see him. but if it has, he knows it. Now Black, he of the doubtful memory, he would remember one thing one time and the next time he wouldn’t—there was a good deal of fun made over Black, but I say he was trying to tell the truth and got mixed. But he is in a heap better fix than Scott. Scott— well. I’ve seen a heap of men heavier up here (pointing to his forehead). He might detect a louse with a spy glass; I don’t think he could do more. ‘‘I said, ‘Scott, what about that negro? Does he look like he did when you got him here?’ He said ‘No!’ I said. They have slicked him up a little bit, haven’t they?’ And he had to admit it. And shame to them. Who was it that took this dirty, filthy negro, gave him warm baths and good clothes, and brought him out here to make his dirty, lying testimony be fore detectives? I don’t charge that to anybody, because I don’t know who it was, but it is as dirty and con temptible a piece of work as was ever done. They shaved that dirty wool and his bestial face; and if I knew who was responsible for It I’d call his name. “I’ve had that Joke played on me. nearly, once before. Some railroad lawyer dressed up a brakeman who was suing the railroad and brought him into court, but I never heard of it being done in a case of life and death. It is very hard to find a man that somebody won’t believe. There’s Dalton; some few believed him. But who was there, in all that crowd, who would say they would believe Jim Conley? Black Hypocrisy Charged to Dalton. "What a contempt Black has for this man Dalton. What a contempt that son of Erin (pointing; out Pat Campbell) has for him. “Yet they found people who would testify io his good character and to his reputation for truth and veracity. One man said that Dalton had joined the church and, so far as he knew, he was a good church member now. Thus was the blackest hypocrisy add ed to his other evil characteristics But they found sponsors for him. “But who was Conley? Who would stand up and say his character was good? Who would be sponsor for him ? “Do you, Starnes? Stand up if you do. “Do you, Black? Stand up. “Do you, Campbell? “Do you, Rosser? Rosser is one whose ancestors trod the earth in the same places as mine, and I know he wouldn’t hang a suck-egg dog on the testimony of this lying nigger Con ley. / “They have swept every back al ley in Atlanta to get someone who would stand up and say that he was an honest nigger. But they found not a soul. Who is there that will stand up and marry the nigger Conley to the truth? Not a person. Failed to Prove Frank a Pervert. “My friends on the other side have attempted to make this young man before you a pervert. They tried to do it on the lying testimony of this nigger, unsupported by a single other person. But they didn’t do it. “But even if they had proved it be yond doubt, it could not enter into this case. This boy is being tried for murder, and if he is a thousand times a pervert, that can not be allowed to sway your verdict. “The vilest thing in this case is the dragging of this issue into the trial on the unsupported word of the lying nigger who is trying to save his own neck by any foul lies which he can shape. “Yet the Solicitor made the charges here in open court. He made them before the Jury, before everyone in the courtroom. He made them be fore the young wife of the defendant. He made them uselessly and pur poselessly. They could serve only one purpose. The sole explanation is that the Solicitor made them to add a lit tle strength to his case, to serve his leaping ambition to win his case and send a man to the gallows. It is im possible that it was done in the in terests of Justice. “A dirty thief and liar was brought into the courtroom to destroy a man’s character. My indignation can not be put in words.” Court adjourned at this point for the noon recess. Attorney Rosser say ing that as it waa near the recess hour he would prefer to stop his ad dress at that time, as h© did not want to be interrupted In his closing at the afternoon session. Women Early To Get Seats. Attorney oRs/er resumed his ad dress at 2 o'clock. He said that he would probably consume about half or three-quarters of an hour longer Many women were in the courtroom during the afternoon, having been al lowed to come In early and get seals. Several hundred men were on the outside trying to get admission when the court opened. Attorney Rosser said: “Gentlemen of the Jury, when re cess came I was Just saying how hor rible it was that this charge of per version had been made against the defendant. Dorsey made the charge through his lying witness Conley. No other witness in this case has made such a suggestion as that mad^ by the negro. ‘‘It was a horrible thing—a thing inconceivable that such an accusation should be brought in here. Conley had no one to support him except Dalton, and palton did not say that he ever had seen Frank in any wrong conduct. Dalton merely said that h«> had seen women in Frank’s office. When questioned, he was unable to say that he ever saw’ Frank do a wrong act. “Dalton in his story said that he was with Daisy Hopkins in the fac tory. “But Conley says that It wa» Frank who had Daisy Hopkins. This is the Important point on which these two liars differ. Conley said that Dalton was with some ‘peach,’ some lesser beauty, living between Haines and Hunter streets. * Says Conley Has “Butted In” for Life. “He went to that Butt Inn saloon and Lord bless my soul, he has butted in for life. He gave a detailed state ment of seeing those negroes and taking drinks with them. Did any one of them come here to say he did? Did that negro come here that Con ley said he shot dice with—the negro with the w'hip around his neck? Did that bartender come here w’ho mixed his wine and beer? “Now, these police know those ne groes on Peters street lots better than they do you and I. It is their busl- nesss to know them. They know those dicemen around there like a book. If Conley had given a single correct name, time, place or inci dent, they would have had that whole horde of negroes lined up here. “Another thing, he said dice: He would have said craps, until those po licemen got him and talked to him. He said his name was James Conley; he certainly would have said Jim^ if they hadn’t have been after him said ‘Snowball’ heard Frank tell hi to come back and watch for him, bu 1 Snowball said he didn’t. Snow’ball is just a plain, ordinary, African negro. He didn’t know how to tell a lie. “And then they talk about Frank trying to mak e the police suspect somebody if he could. Why, it is Just like an English sparrow sus pecting a horse and then following him a mile.” An eloquent four-and-a-half ad dress by Reuben Arnold for the de fense marke dthe first day of the arguments in the Frank trial. Only two addresses were made to the Jury, that by Arnold and the opening argu ment of the State by Attorney Frank A. Hooper, who has been associated with Solicitor Dorsey in the prosecu tion df the case. Hooper spoke in th© forenoon from 9 o’clock until 11:30. Arnold began his remarkable speech at 11:50 and was interrupted by recess at 12:30 o’clock. He resumed at 2 and con tinued until 5:50 in the evening. Arnold a speech was remarkable for the minute detail with which it cov ered practically every important phase of the great murder mystery, for Its satire, for its flashes of humor and sarcasm, for its impassioned ap peal for the life and liberty of a man who was described as the innocent victim of one of the most nefarious plots ever hatched against a man’s character. The lawyer in bitter words charged that if it had not been for Frank’s race he never would have been on trial for his life. He charged that the State had been compelled to bring Us witnesses from the dregs of human ity, from the Jails and from the con vict camps, to perfect the terrible I conspiracy against Frank. He asserted that the Solicitor had been forced to warp and stretch the probabilities to the breaking point jn order to bring about a suppositious situation in which it would have been possible for* Frank to have commit ted the crime and gone through the disposal of Mary Phagan’s body as described by Jim Conley. They built up a structure of testimony against Frank by their own witnesses, he charged, and then proceeded to de molish It because it would not fit in with their theories or with the prob abilities of the case. Laughs at State's Chain of Circumstances. He held up to ridicule the theory of the State that the attack could have been premeditated on the part of Frank. He laughed at the chain of antecedent circumstances which the Solicitor and Attorney Hooper had endeavored to link together to show that Frank on Friday was contem plating the attack Saturday on the little factory girl. He did not believe that Frank on Friday at 3 o’clock asked Jim Con- CLEARANCE OF BEAUTIFUL DRESSES $0.90 Ladies’ Beautiful white embroid-1 ered Net Dresses. Handsome. white embroidered Voile Dresses, silk Ratine Dresses and all silk Messaline Dresses, worth $10 to $12.50. 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