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VfTE ATT .A NT A 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
DETECTIVES ME SCORED
GANG’ BENT
Continued from Page 1.
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.’ I smelled the odor
of the chaingang upon him; I 'reach-
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 has fallen, which I pray to God
she has not, let us forgive her, !ike
the Saviour forgave the Magdalene.
"Gentlemen of the Jury, 1 don't say
Rosser turned toward Attorney
Hooper at this point, and continued:
"You were 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 thl»
-arth 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 assert they could not have
been there eight long years if the
factory had been an Immoral house.
Those girls would have fled. The
outraged citizens would have torn
LEADINGCOUNSELFOR
FRANK IN FULL SWING
Rosser's
work on
the case has
taxed even
his
remarkable
physique. He
has lost 25
pounds in
weight.
every man connected wdth the bank
has been under suspicion at one time
jr the other. But there is one thing
I wish to fay. 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
m 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 follow's 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
Luther Z,
Rosser
closes
argument
ed’ for him; I ‘felt’ for him; 1 asked
him If he had ever been long away
from home. He evaded me. When
he left the stand, I said, ‘Rube, that
man’s been In the chaingang as sure
as there’s a God In heaven.’ And,
sure enough, we looked him up. and
he h*d been Then he came to At
lanta, and they said he had reformed.
But there are tv/o 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. He saw the thief
and before the thief spoke He recog
nized him as a thief. But the I^ord
is all-forgiving, and He said to the
thief, 'This day ihou shalt be with
Me in Paradise.’ Now, l have no
faith in these reformed thieves. I
have no faith in a reformed pros
titute. Tell me you can reform a
thief? 1 mean a thief at heart, 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
done the beastly thing. Ho has done
the low, with a sanctimonious ex
pression on his face. He slinks down
upon a congregation of godly people
and deceives them. H«» 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 w hite face, but that
was all. He was black within. What
did he do, thia thief who joined the
church? Look how brazenly he ad
vertised his immorality. When he was
placed upon the stand and questioned
as to his acts, he could have declined
to answer; could at least have
hung his head in shame. But was he
ashamed? No; he was as proud of
his dirty immorality as a young hoy
with a new red top. He milled 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
Coming of
The Sunbeam
How to Avt>id Those Pains and Dis-
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There la no fooliah diet to haraaa the wind Th«
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U a aubjert every woman ahould bo familial
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and la only $1.«S a bottle It U fur externa, **
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to day to tho Brtdfigld Regulator Co.. 1?T lamai
Atlanta. Gm. for a Boot valuable boofc
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 tho 'peach' that
he had. Why, even the beasts of the
field hide.that.
"Burns had It right when he wild *n
that poem aibout ‘be gentle with your
brother man. be gentler with your sis
ter woman.’ that ends with the lin >,
‘'Tis "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 nose
of a skunk would be offensive, where
a dog would 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. I 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, ‘I’ll 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 Wooden ware 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 we come to consider t,
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 delightfu 1 man John
Black. Do you know when I think of
him I just want to take him In un
arms and caress him. And it was
searched by Patrick Campbell, that
noble detective who wouldn’t go on
the stand for fear 1 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?
"Lot’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. But Chief Beavers doesn’t.
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, has 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 Schiff? Who has a word to
say against young Wade Campbell?”
Rosser
possesses
none of
the graces
of the
pleasing
speaker,
but in
forcefulness
he is
hardly
surpassed
at the
Atlanta
bar.
down that old building, stone by
stone. You may assert that those
girls wouldn’t have fled, but I tell you
I have a higher conception of the
Georgia working girl than to believe
for one minute that she would have
remained.
"If I am mistaken, and 100 willing
females stayed there, and 100 thin-
blooded males stood by and let con
ditions continue, 1 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.
“Frank’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 thing, and 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 smarv
Every one of us know s 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,
remarkable, and as I sat and listened
to it for the first time, I wondered
and marveled at the brain of the man.
I could never have made up a speech
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
was the plain, simple flowing truth .is
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 silver tinkle
that can not be mistaken. And tho
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 tho nicest men you
ever met. I eat regularly and get
plenty of sleep, and I behave mvseif.
I mean I am fairly good. But let mo
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
gets 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 this
is what he said when his faithful em
ployees gathered around him; ‘Iq my
40 years in this bank, it has been an
unfortunate coincidence that nearly
in bis character, but
let
them
take
his 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. I am going to deal with
the facts.
Easy to Find Witnesses
Against a Character.
"I couldn’t fool you if I tried. Let’s
see who they are who say he has a
bad character. You know’ you can
And some people to swear against
anyone. Suppose my friend Arnold
had occasion and so far forgot him
self a3 to put my character up. Don’t
you suppofcie 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 hav$ 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 T
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,
w-hy 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
w-as a vile man? She w’ould have fled
from him long ago. Oh, s»he 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 Winkle 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
other 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 against 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 knows.
Hundreds of men have worked in
that factory, 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
w'hy he left, but you know why he
was fired. He was there for three
months. Don’t you know- that if
Frank’s character had been what they
said it w-as. if he had been the las
civious fiend, the brute and moral
pervert. Gantt would have been tha
first man to testify to it?
"I had intended not to go into tha
detail, but If you will bear with me
for a while I will. My friend Hooper
said he had fairly presented tha
State’s case. If he has they haven’t
a case and If he has not he has nofi
been fair to you.
Says Boy Was
Wheedled By Dorsey.
"They say Frank had been prepare
ing for this for several weeks. That
little fellow says he saw Frank talk
ing to the little girl and calling her
Mary, and this Gantt said Frank told
him he seemed to know- Mary Phagan
very well. Gantt did not tell that be
fore t^-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
w-as a little boy named Turner. I am
not here to say anything against Tur
ner, but look at the detectives with
their claw-s about him. Remember
what 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 threo
steps, but he admitted that it all
took place in broad daylight, and in.
full sight of Lemmie Qufnn’s office.
“Is it to be believed that a man in
sight of a whole factory, handicaped
by his race, would have gone into tha
metal room and attempted those ad
vances with that little girl? Is it to
be conceived that this innocent lit
tle girl would not have fled like a
frightened deer hnd would not have
run home and toid 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 pajt 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 w r as
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, she turned and walked away.
"Now, we have Magnolia Kennedy,
who says she was right there with
the little Ferguson girl, and that she
Continued on Page 3, Column 1.
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