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•«k ;•&»
By JAMES
Frank Hooper's speech In behalf of
the'-prosecution against Leo Frank,
charged irfth the murder of little
Mary Phagan, reflected much credit
upon him.
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 he construed as be
low the belt.
Undoubtedly, It was not pleasant to
the defendant, sitting there, stolldlv
following the words of Hooper—but
Horsey and Hooper, In Its Anal aspect,
have made out a most dangerous rase
against Frank, and Hooper was there
to explain and sustain It. He per
formed his duty In a way that hardly
can fall to bring him lasting applause
and commendation.
If. however, Frank felt to the full
the gloom of the case made out
against him by Hooper, he was more
than abundantly taken care of when
Arnold followed.
The case made out 1n defense of
Frank by Arnold was extremely
plausible—It covered 1n 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 rounsel enter
tain that opinion of the Jury—If they
hold It In-such compelling esteem snd
respect—and If the Jury Is such a
Jury aa deserves that opinion, which
I think It la, then the Chances are that
Its verdict will bo righteous and Just,
whatever It may he.
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
Frank 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
tha “twelve good men and true there
to pass upon the fate of Leo Frank.
Neither the State nor the defenaij,
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 bath ways.
Concluding attorneys may amplify
and enlarge upon points raised by
opening attorneys, but they rarely r i
far beyond the primary outlining of
the two main points of view.
And so. while Rosser and Dorsey
may go further than Hooper and Ar
nold in invective, sarcasm, ridicule
and passionate outbreak, neither js
apt 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 he some advantage to it—in that it
has the concluding argument before
the Jury.
No Injustice There.
Some people think this is an injus
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,
as in so many things the law has
been most carefully thought out—and
is just and right.
The law throws about the defend
ant at bar the presumption of inno-
cence-Mt 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
mit* the Anal voice to be the voice
from the grave.
The dead—he or she Vs not there to
speak, and to say as to the truth,
and so the law directs that the State’s
prosecuting counsel shaJl speak it in
stead.
Thus does the law, with impartial
hand, protect first the defendant and
then protect quite as Jealously It*
own majesty, and the rights of ths
dead!
The law, however, in the event the
defendant elects to introduce no wit
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 x»lace
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 Ms n*me of all stain and send
forth a free man?
Or will it find him guilty and fasten
'upon him forever the disgrace of on
of the moat inhuman and diabolical
crimes ever committed in Georgia?
To render the latter verdict it must
beiieve Frank a monster, lost to ever..
sense of decency and right—a man
who has meanly and unpardonably
deceived his mother, his wife, his
friends, 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 hi*
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 who swore Frank’s character is
had, who cited instances of a suspi
cious nature to uphold that belief, are
wrong—that they knew him not. not
withstanding thdr opportunity—and
that all the circumstances of the
crime seemingly connecting him with
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 ea-sy to think it
will!
And yet, again, it MUST believe the
one or thr other—or there will be
no verdict!
What. then. CAN honest minded
mortals, men and women who want to
Hee 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 hav© about concluded that.
The general public should now pre
pare itself to receive the verdict as
the final and determining circum
stances In the rase.
Individual opinion is 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
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 1 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
fail!
There Is no responsibility upon in
dividuals expressing opinion pro and
con. They ore not under oath—the
life of a human being, on the one
hand, and the majesty 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.
Publio Should Accept Verdict.
Rut 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 way
of finding the truth of a case like
the one now on trial, than has been
provided in the present hearing?
Negro Is Executed
In Savannah Jail
SAVA&NAH. Aiy;. 22 Frank Col
lier, a negro, was hanged In the
Chatham County Jail yard to-day for
the murder on April 13, 1912. of Mor
ris Robinson, a negro.
Just hefore the execution. Collier
privately reiterated a previous con
fession to the Hey. John S. Wilder,
pastor of the South Side Baptist
Church, acknowledging his guilt. Col
lier sang and prayed all of last night.
‘ ‘ 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.
Name of Bolling H. Jones as Suc
cessor to Go to Senate
Within Few Days.
‘‘Governor Slaton” Is One of the
Most Distinguished Young
Cats in Atlanta.
“Governor Slaton” was peeved, and
Justly so, for a hurrying traveling
man had stepped on his tall. 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
along Miss Brinkley Is one of the
prettiest of the young wome/i who
work at the Ansley. Diners unite In
saying that the smiloR she dispenses
a* 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 Mias 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 mother
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 r 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
keeps a shop on the mezzanine floor,
to pat him. He ha* 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
purr luxuriously in her lap.
And Miss Brinkley likes the “Gov
ernor." too.
“All cats are nice," she said, “hut 1
Just dote on ‘Governor.’ He is so
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
I first saw him, the day the travel
ing man stepped on his foot. I felt
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 clock** and watcher,
it was learned that the cat had been
born ai the exact moment Governor
Klaton was inscribing his name on
the hotel register—hence the name.
PREPARING FOR LABOR DAY.
COLUMBUS.—The Columbus La
bor and Trades Assembly is prepar
ing a program for I^abor Day at
Wildwood Park. There are about
2,500 union men in Columbus.
Senator Borah, Cut
By Bottle, Swoons
WASHINGTON, Aug. 22.—When
Senator Rorah attempted to take the
cork out of a mineral water bottle
In the Republican cloak room of the
Senate, the neck broke and the palm
of the Senator’s! hand was badly cut.
The blood flowed so freely and the
cut was so painful that the Senator
swooned. A dtoctor was summoned
and it was found necessary to take
th^ee or four stitches in the w'ound.
WASHINGTON. Aug. 22.—Despite
the efforts of Postmaster Hugh L.
McKee of Atlanta to postpone his
removal by the Postoffice Depart
ment, and his assertions that he will
fight the request for his immediate
resignation, no extension of time will
be allowed him. He will be sum
marily removed, It was said here to
day, within a few days, and the name
of Bolling H. Jones will be sent in as
bis successor within the next two or
three days.
The department has read Mr. Mc
Kee’s statement, in which he denies
any knowledge of the efforts of his
friends to have the charges with
drawn. He states emphatically that
he does not want them withdrawn,
and that he will not resign his office
until he knows the nature of the
charges. Mr. McKee and his friends
say that had his resignation been re
quested on the grounds that the Ad
ministration wished to appoint a
Democrat, he would have complied at
once, but in view of the charges, he
thinks it best to remain at his post
until they are proved or disproved.
So far the department has received
no answer to its letter to Mr. McKee,
dated August 14, asking for his im
mediate resignation. Having allowed
him plenty of time to submit it. the
department proposes to go ahead with
the appointment of his successor
without delay.
Alligator Puts Hotel
Patrons in a Panic
ST. LOUIS., Aug. 22.—An alligator
that was on exhibition at the Planters
Hotel at the convention of the Na
tional Commissary Managers’ Asso
ciation escaped from its cage and in
vaded the dining room, sending guests
scampering to cover.
One man Jumped over two tables
in his haste to escape. The alliga
tor turned his attention to the negro
waiters, who dropped their trays and
fled. The house detective shot it.
POWDER PUFF JN COW.
PLEASANTDALE, Aug. 22.—An
autopsy on a cow at Plea stant dale re
vealed a silver match safe, powder
puff and tooth brush in her stomach.
The match safe was lost two years
ago. The matches were in good
shape.
All alone In a “dead” automobile on
a dark night on a lonely road between
Atlanta and Stone Mountain was the
experience of Commissioner J. D.
Price, of the State Department of
Agriculture. .
Although Mr Price admitted It’s a
good one on him, he doesn't make
any secret of it, and now that the
harrowing experience is a thing of the
past, he actually chuckles when ne
speaks of it.
The Commissioned and his son were
motoring from Walton to Atlanta.
Everything went well until the Geor
gia Railroad crossing a few miles
from Stone Mountain was reached.
There is a dangerous crossing as a
result of new grading, and to add to
the difficulty Mr. Price’s machine
suddenly went “dead," and “dead” it
remained until nearly midnight. Mr.
Price remained In the car while his
son walked four miles to the nearest
house for assistance.
‘Poor Girl Can't Be
Good in New York'
NEW YORK, Aug. 22.—“I want to
die. A poor girl can’t be good in New
York," exclaimed Elizabeth Heath,
18-year-old orphan, as she swallowed
bichloride of mercury in Stuyvesant
Park. She was rushed to a hospital.
“I won’t be bad, so I can’t live,”
moaned the girl, refusing to take an
antidote.
Wife Shovels Snow;
Gets Reno Decree
RENO. NEV., Aug. 22.—Helen May
Donahue, a pretty Chicago woman,
has obtained a divorce here.
She testified she shoveled snow,
carried the coal and chopped the
kindling because her husband. John
Francis Donahue. thought himself
above doing manual labor.
Mrs. Donahue said she had been
accused unjustly of unfaithfulness.
There is one child, four years old.
STATE ASYLUM INSPECTED.
Representative J. R. P. Thompson,
chairman of the House Committee on
the State Sanitarium at Milledgeville,
will report Friday that the affairs of
the institution are in excellent condi
tion. He completed his inspection
Thursday.
LLOYD LINE TO NEW ORLEANS.
NEW YORK, Aug. 22.—A cable
gram received here says the North
German Lloyd Company has made
arrangements to inaugurate a tri-
monthlv passenger and freight serv
ice between Bremen, Boston and New
Orleans. The new service will com
mence September 15.
ATLANTA UKUtUilAJN ANIJ NLWM
171 T
IKE IT TO GET
time Emm
Commissioner Price
Spends Night in Dead
Auto on Lonely Road
FELINE WAIF FINDS PROTECTOR
IN PRETTY HOTEL ANSLEY MISS
This is Miss
Gladys
Brinkley and
‘ * Governor
Slaton” in a
special pose for
camera man.
B. NEVIN.
New York Mystery Cleared When
History of Trappist Monks’
Ward Is Traced,
LACHINE, QUE., Aug. 22.—After
being kidnaped by gypsies and escap
ing, then being taken up and cared
for by Canadian monks, Frederick:
Brosseau, of Potsdam, N. Y., has been,
found. Brosseau was kidnaped seven
teen years ago when he was seyen
years old. After escaping he was
given a home by Trappist monks near
Oka. The monks reared him. The
gypsies made several ineffectual at
tempts to get the boy away.
Chief Clark, of Lachine, to-day ap-
pU*d to the provincial authorities to
send men after certain gypsy leaders
in the North and bring them here or
to Montreal for trial.
The Rev. Father Myron, of Pots
dam, while visiting the monastery of
the Trappist fathers at Oka. heard
the strange story of the man. and,
remembering the disappearance of
Brosseau at Potsdam, questioned him.
Rrosseau’s parents went to Oka and
identified their son by a birth mark.
In the meantime news of the young
man’s strange capture got abroad in
the newspapers and many persons
claimed him as their son.
Killed While Rushing
To See His Sick Baby
LEXINGTON. Aug. 22.—Morton
Little, a railroad man of Caney, Ky.,
called home by illness of his baby,
jumped from a train when it did not
atop at his home, broke his back and
a leg and fractured his skull.
He died at a hospital here.
Chatham Tax Rate
$8.33 on Thousand
SAVANNAH, Aug. 22— Chatham
County’s rate for 1913 has been fixed
at $8.33 on $1,000, which is the same
rate levied for last year. It was found
to be impracticable to make any
downward revision of the rate; de
spite the rather substantial increase
in tax returns, for the reason that
the increase in revenue will be only
about $20,000.
The Commissioners allow 10 per
cent discount on taxes paid in quar
terly installments.
— — 1 1 !■' '-.I... '■■» - ■ ■
Funeral Designs and Flowers
FOR ALL OCCASIONS.
Atlanta Floral Company
455 EAST FAIR STREET.
NEGRO HELD FOR MURDER.
Dave Wright, a negro who was shot
by Abe 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.
The
Look of
Youth
The Best Food-Drink Lunch at Fountains
Insist Upon
ESS HORLICK’S
Avoid Imitations—Take No Substitute
Rich milk, malted grain, in powder form.
For infants, invalids and growing children.
Pure nutrition,upbuilding the whole body.
Invigorates nutsmg mothers and the aged.
More healthful than tea or coffee.
Agrees with the weakest digestion.
Keep it on your sideboard at home.
A quick lunch prepared in a minute.
j !t depends more upon
the condition of the hair
than upon the features of
a woman's face. That is
, why any woman can keep
young looking, because no mat-
j -er what the condition, of her hair.
! thin, faded or gray, it can be re-
j stored to Its natural color and beau
tiful softness and luster with
Robinnaire Hair Dye
This wonderful preparation keeps
the hair In a beautiful condition, re-
•tores the original color to faded or
gray hair, and does not stain the
scalp or make the hair sticky. Pre-
j pared for light, medium and dark
brown and black hair.
For sale by druggists and toilet
goods departments, 75c. If you can
not obtain It, sent by parcel post. 83c.
If you will give us the name of
druggist who can not supply you, we
will send you FREE samples of the
world-renowned Robinnaire Face
j Powder and Cold Cream of Roses.
Jacobs’ Pharmacy
j AUmUlu! U,
Season’s Farewell Offer!
Tomorrow Positively Ends It.
Your One Last Chance to Get
Extra Pants
FREE
“Stop all free pants offers after
tomorrow’s sale.” That’s our orders.
WeVe got to obey. After tomorrow
we tighten up. No more “gift” pants.
This is positively your only hope—your last
chance to get a nifty pair of genuine S. W. M. $5,
$6 and $7 pants made to order absolutely free.
SOT*
Made to
Girder
EXTRA
$5, $6, $7
PANTS
FREE
We are going to end the season in a blaze of glory. Our entire
line of fancy fabrics is at your disposal. The run of the store is yours.
Choose any material—there are no restrictions. But come early and
get the cream of the picking. Many Fall Patterns Included.
REMEMBER—this is
final—your last chance
The Original $15 Tailors
107 PEACHTREE
“The Piedmont Is Across the Street"
EMmilus
Open Saturday Night Until 10:30