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T THK ATLANTA <iLOK<JIA.\ AM) xNLVYH. ‘MAN WHO WROTE NOTES KILLED MARY PHAGAN,’ SAYS ARNOLD Recalls Dreyfus Case to Show Mistakes of Circumstantial Convictions 'PRINCE OF PERJURERS 5 EPITHET APPLIED TO CONLEY BY ATTORNEY Continued ^rom Page 3. determine his guilt or his innocence. The Jury system came as a result of a desire to popularize the courts; to let the people flow through the courts “God Grant We Get Away From the Street.” “Inexperienced, as they are, it was decided that juries were capable of de ciding questions of fact. Of course the Judge still decides all legal points. »"My friend Hooper, in reading his authority just now, used a funny ex pression. He said your position is no* different from any man’s who wants to learn the facts; frorft any man on the street.” Hooper objected. “Your honor.” he said, “I don’t want the speaker to mis represent my meaning.” Arnold: “You said street. God grant that we get away from the street when we come into court. What Is the use of having any court if we don’t get away from the street? There It is the man who has the most friends who wins. Courts are to protect a man from the street. “Gentlemen, sometimes the very horror of a crime does a man a grave injustice. Time rights It all. of course, but at the present blush of a horror friends can’t judge fairly. “Th£ crime in this case is an awful crime. It was committed by a fiend— a brute. Put no matter how terrible, no fair-minded man would refuse to give a man accused of it a fair trial. “But well-balanced men don’t say just because he is charged with the crime by Detective Starnes and So licitor Dorsey: ‘We will hang him. Thinking men weigh the facts. “Kenley Sample of Lying) Plowhards.” “T remember a case when Charley Hill was Solicitor, he asked a pros pective juror the formal question, and ■when he came to that part where the Solicitor General said: ‘Juror, look on prisoner: prisoner, look on juror,’ that old fellow got up and looked him over and said: 'Judge, he’s guilty. That is the way with public senti ment in this case. “There has been so much lying and rascality as I will show you that I won’t add to it. That fellow* Kenley Is a fair example. He is a man that any h?nc3t mar ought to be ashamed to say ne kgows. His mouth is set like a catfish. He is the type of lying blowhards that constitutes the so- called public sentiment. He is the man who said they hanged two ne groes at Decatur because they had to have somebody, and he is the man who said, ‘Hang this Jew for the murder of that poor little girl whether he is innocent or guilty.’ “I had rather be in Leo Frank’s shoes to-day than Kenley’s. “Gentlemen of the jury, there are people who say that Frank is a re markable man; that he is a man of Wonderful courage; that he has gone through this trial in a manner most remarkable for a man of his physical build and temperament. “Gentlemen, he has inherited it through 2,000 years of persecution. Behind him there is a long line of an cestors who for centuries have been abused, and 1 hope the day will come when a man will get justice, will be accorded fair treatment, be he Jew or Gentile, or white or black. ‘Re i»as endured persecution, and his tamily has endured it. The Jews have been thrifty, and envy has been the result. If Leo M. Frank had not been a Jew there would not have been any prosecution of him on this despic able charge. The miserable, lying ne gro. Jim Conley, was brought in to tell his miserable, lying story, to re cite, parrot-like, the story in which he had been so well drilled. "I am asking my own people and m.v own kind of people to do Frank justice. I am not a Jew, but I would rather my throat would be cut than do one an injustice of this sort. “They have got their miserable per jurer, Conley, to come up here and swear Frank’s life away. They have had him swear against a man who never had a word said against him k before. "Of course, after a crime, you al ways find persons who say that they knew the defendant’s character was bad. But you don’t make a murderer in a single day. “I am going to compare the wit nesses that were u'-'ed by the defense with those that were used by the pros ecution. They brought up the dregs of humanity to testify against this man. They brought up jailbirds and convicts to hang this man. They spouted hot and cold. They hurried the schedule of a street car. They slowed down the time clock at the factory. They got the detective*' to say that Frank was nervous. They got his mother-in-law to say that he was so soulless he didn’t open his mouth. “Built Up Case, Then Tore It Down. ’ ’ “They got little George Epps to tes tify that Mary Phagan got Into town at 12:07. Then they began to tear their own testimony down. I am go ing to strip the case of some of the falsities and the warpings of the evi dence, if God Almighty gives me strength I don’t know that He will, for I am nearly worn out. ‘There have been a great many things brought into this case which should not have been brought in. Th? defendant must be proved guilty of the murder of Mary Phagan. Every other reasonable hypothesis must be eliminated. “You must liberate Frank, other wise. The law says you must. If you think that it is as reasonable to be lieve that Jim Conley committed the crime, then you must turn Frank loose, “Our friends, the detectives and po lice. were hard put to find somebody on whom to place the crime. They thought at first it was this man Gantt. Sentell and others said they saw' Mary Phagan on the street at midnight Of course) they did not. But it will illustrate the uncertainty with which this crime has been hatched. "Then they were almost certain that New t Lee was the man. They found the notes by the girl's body, and New; Lee said in reference to ‘night-witch.’ a phrase occurring in one of the notes, that ‘night-witch means me, Boss.’ “I do not think that New t Lee com mitted the murder, or had anything to do with the killing of the girl, but I never will get it out of my mind that Newt Lee knew some'hing about tne w riting of thof-«e notes. “Man Who Wrote Note Killed Mary Phagan.” “This is one of the profoundest mysteries that ever confronted a com munity. It has baffled investigation at every turn. But one thing has stood out like a mountain on a plain, since the very beginning of this case. The man who wrote those notes killed Mary Phagan. “Oh, you remember how they searched for him. The notes were found bes ! de the dead body. It wa.i right hard to recite what was in the obscure mind that wrote those notes It looked like one negro trying to ac cuse another, but Lit one question stood out. Who wrote the notes? Wh'; wrote the notes? “Things developed. Newt Lee was put through the third degree and thf- fourth degree. Just the d ly or the day before the Court of Appeals hand ed down a decision which is especially applicable to this case. It denounce* such methods. How it does hit Jim Conley and the authorities that made him swear. How it does hit Minoli McKnight!” He read a newspaper clipping of the decision. “Our friend Hooper said there was nothing to hold Jim Conley in that chair but the truth. My Goa! He ha a his life at stake! Before you gei through with this case you will see that they have got to depend on Jin; Conley. If they can not hobble on those too rotten crutches they can’t hobble at all. Before 1 get through with it I am going to Mhovv there nevti was such a frameup since the world began.” Court adjourned at this time.. Recalls Famous Durant Case. When court convened for the aft ernoon session, Arnold resumed his argument. VGentlemen of the jury,” lie said, "my friend Hooper made some re marks about circumstantial evidence and how powerful it was. He forgot to mention the fact that the circum stances had to be substantiated by reputable witnesses and eliminate every other reasonable doubt. “I read a book once that deal: itu circumstantial evidence and it was positively sickening the number if mistakes that have been made. The famous Durant case that has com- within our memorv is a striking illus tration. Two girls were found mur dered in the tower of a church. Du rant was the last man seen with them. The public said, ‘You are guilty.” Ohe man swore he saw him wearing a girl’s l ing. Anotlu r man swore he had found Durant nervous and perspiring as though he had com.- from recent great exercise. The women egged him on his way to court. The jury found him builty ami a weak judee the first I have ever heard of. sentenced him to hang ;n three days. They appealed the case, but lost out. and they hanged him. There was not a cemetery in Frisco that would bury that man. They took him out to a little country church yard and buried him. Time went and people forgot about It. The preacher in that little church con tinued to address his congregation. After a number of vears the pr^ache»* was confined to his death bed. He called a number of his friends arounl him and confessed to the murder those two girls, and explained the cir cumstances in such a way that it left no room for doubt that he was telling the truth. Cites Infamous friendless. He was an easy mark and they got him. “I have never seen so much venom as there is in this trial. The murder ous bestiality that robbed little Mary Phagan of her life is scarcely worse than the spirit that would de prive this man of Justice. No wolf in the forest, no beast in his cage is so savage as these people who would hang this man on the flimsiest sort of evidence. Arnold Grows Facetious At Expense of Hooper. "One thing in my friend Hooper’s speech I want you to consider. What he didn’t know’ about this case would fill many volumes. He has got Just a little feeble smattering of an idea. He doesn’t know what the witnesses said. He doesn’t know* anything about the factory. He got mixed in Conley’s evidence. Part of the time he was quoting from statements of Conley made before the trial. “But I can’t blame him much. Con ley’s evidence is so crooked he couldn’t follow’ it. It reminds me of the story of the farmer who tried to teach his boy to plow* a straight row. He said: ‘Son, you see that bull across yonder? Follow straight to him and your row will be straight.’ He came back later and found the boy plow ing in semi-circles. ‘What are you doing?’ asked the farmer. ‘I am fol lowing the bull,’ replied the boy.” Arnold illUeiii Aled his point by walking around in circles before the jury, holding his walking stick as though it were a plow’stock. Sheriff Mangum had to rap to keep down the laughter. “I have never yet seen an effort to get a jury to believe a witness in the attitude of Jim Conley,” Arnold con tinued. “There are vfle different edi tions of his statement. If he made one to-morrow, there would be a sixth. He has got the strongest mo tive in the world to lie—to save his own neck. Premeditated Killing. Scouts Theory Frank “Take my friend Hooper’s theory that Frank knew it if Conley killed the girl. That is about as weak as the rest of his argument. If Conley had killed her on the second floor, he never would have taken her down until Frank and Mrs. White left. “Frank left about one. It is absurd to assume that it was impossible for him not to have seen Conley. But we don’t believe she w*as killed on the second floor. And 1 am going to show that there is no evidence that she was killed there, except what Christo pher Columbus Barrett found. “Hooper smelled the plot. He says this man had had his eye on this dear little girl for some time. That he had been thinking of how he could get her. That he had plotted to make an at tack on her. I join with everyone in saying that who killed Mary Phagan was a foul beast, a fiend, a savage. It w’as not the act of a civilized man. “But Hooper was hard pressed. They had to fall on something. They had to fall back on the evidence of this miserable negro. Jim Conley. And look at his evidence. A mass of lies. He lied in the first affidavit; in the second; in the third; in the fourth. He lied th e fifth time, and I daresay that if he was placed on the stand he would lie the sixth time. “Now look at what they got. They ay that on Friday Frank knew he was going to make an attack on little Mary Phagan. And, gentlemen, tak- ng in the evidence and everything else, this Is the wildest conception I ever heard of. “Conley Was Made to Tell Suitable Tale.” “The utmost they can get is by this poor miserable little fellow. Tur ner. brought in here at the eleventh hour and who says he worked at the nencil factory for ten days. And all he said was that Frank had put his hand on her shoulder and called her Mary. "When asked if he could describe her, Turner said that he could not. He did nto know anyone else in the factory. He could not describe any one. And what did he say that Frank -aid to her? All in the w’orld that he said was that: ’I am superintend ent of this factory.’ “And mind you, gentlemen of the jury, this was in broad open daylight. They brought in other women here to testify as to his conduct with Mary Phagan. And all that they could say was that they had heard him call her Mary. “To get back to Jim Conley; he is at the beginning of the plot. From all the evidence, they just took him and led him around and made him fit a theory. I will prove by Harry Scott’s evidence that whenever Con ley said anything that didn’t exactly fit, they said: ’Here Jim, that won’t do. That doesn't fit Bill Jones’ testi mony and Conley immediately switch ed it around so that it w*ould fit. "By Conley’s evidence that on 3 o’clock Friday afternoon, Frank came to him on the third and fourth floors, they expec ted to show that Frank at 3 o’clock Friday afternoon knew Mary Phagan was not coming for her pay. "Now they didn’t begin the payroll until 5 o'clock Friday afternoon Who on earth but God himself would know that little girl was not coming for her pay? Sees Conspiracy in State Evidence Chain. "How unreasonable must it b e for intelligent human beings to believe any story so utterly unreasonable. “There is a little girl named Fergu son. I notice that Mrs. Coleman never said a word about the Ferguson girl, nor did she say a one about the Epps boy. But the Ferguson girl says: ‘I asked Mr. Frank for Mary Phagan’s pay, and ho wouldn’t give it to me.’ Frank didn t know Mary was not coming for her pay that day? How did he know she wouldn't come for her pay that day? Wasn't it natural to suppose that if she didn't come that day, that she would come on Monday, the next working day? Do you think that he knew she was com ing Saturday morning? “Gentlemen, it is the wildest theory on earth. Yet the Ferguson girl said: I asked for Mary’s pay and h e said he wouldn’t give it to me.’ Frank never paid off. Schiff always did ,that? They haxi a pay window*, and Schiff sat behind it. I doubt if Frank ever saw the girls who w*ere paid. “There is another little girl, Mag nolia Kennedy. She looks just as well as the Ferguson girl. She de clares she was behind the Ferguson girl and that the Ferguson girl asked for the pay of no one but herself. “There is your conspiracy. Before anything happened you - have Conley laying the foundation. You have Frank on Friday knowing all these things and telling Conley to come back Saturday. You have Frank say- I ing :‘I don't think Mary Phagan will ask for her pay this evening. I don’t ! think she will come down and get it > at the usual time. 1 think she will j come Saturday morning. So I w*ill ! have Conley here and he can watch j for me while I assault her. Accuses the State of Begging the Question. “Gentlemen, it is too thin. But my friend Hooper says that Frank fired Gantt for a une-dollar debt. Gantt don't come into this case in a very good light. He admitted the one shortage for which he was discharg ed. There was no doubt that the man who made the complaint knew of the missing one dollar. You don t know how much more there was. You don’t know’ what Gantt did during the time he was working there. didn’t go into that. We don’t want to sling any mud on to anyone at all. Yet they are bringing in the dis charge of Gantt as having a bearing on this case. “They claim Gantt was discharged because he had said he knew Mary Phagan. There Is no proof that Gantt knew her. They were born in the same county, but there are 30.000 people in Cobh County. He was not her guardian She was not dependent upon him. “Little Grace Hlx said that Frarfls didn’t know Mary. Magnolia Ken nedy said that Frank was not* ac quainted with the Phagan girl. “My friend Hooper said some mighty bad things about what hap pened at the factory. He has pictur ed the conditions at the faototgy as being grossly Immoral. “Gentlemen,( that is begging the question. I venture the assertion that this factory is no better nor no worse than the general line of fac tories. Any place where you work from 100 to twice that number of men and women you are almost cer tain to get some w ho are not so good as they might be. There is always the evil mixed with the good. “Discharged Employees Testified in Revenge.” "We are not trying this case on whether you or Dorsey or me or Mr. Starnes or Frank have always bejh perfect. 1 say to my friends, let him without sin cast the first stone. Therj was a little immorality here as in other factories. My friends Dorsvy and Hooper have put the microscope on everything. They have dug up everything that ever happened at that factory. They have -one back five years in their efforts to create trou ble. They went fishing for witnesses and I don’t wonder that they could find a dozen or so who were willing to swear that Frank’s character was bad. “You can always find discharge! employees of the factory who were envious or Jealous and are anxlo is to get revenge on their employees. When you swear to character, it is always an opinion. And the value of your opinion depends on the length of time you hay** known the person for or against whom you are swear ing. The prosecution has put up eleven girls. Most of them worked there years ago and for only a few w'eeks at a time. They have gotten all the floaters they could find, employees w ho worked at one place for a short while then moved on. “They have searched these witness es out carefully. They have taken them to their offices and questioned them. And 1 don’t doubt that after they got through questioning them they were able to find many who were willing to swear that Frank’s char acter was bad. From the way they have been giving evidence, I am in clined to believe it. “Now, of all the incidents men tioned by our friend Mr. Hooper, the dressing room incident is about the worst. There is the room, gentle men that has absolutely no conven iences—no w'ash room, no lavatory. “Now Miss Javckson said that the girls went to work at 7 o’clock and that Frank loked In at 7:10 or 7:15. Miss Jackson admlted that girls had been flirting from the windows of that dressing rom. She said they were all afraid of Frank and went to work when he appeared. The only reason that Frank loked into that dressing room, was to Mee that his orders prohibiting flirting had been obeyed. “Do you think he could run a fac tory like that and flirted' and had been familiar with the help? Don’t you know that if he had done that, all organization would have been swept away and W’ork would have been practically at a standstill? Do you think Montag would have kept him If he had done all the things the prosecution said he did? Do you think they would have trusted their bus- j inew w*ith a man like that? Why, it is preposterous. “Men here talk like putting the hand on a thirteen-year-old girl’s shoulder amounts to anything. Or ! looking into a room where girls 1 change only their top dresses? Why you can go out to Piedmont Park any day and see 500 women with almost nothing on. “You can go to shows and see them with practically nothing on. And I don’t mean we are getting worse, either. eW are getting broad er. This prudish attitude of holding up your hands in horror of a man’s putting a hand on a woman’s should er makes me sick. I wouldn’t trust that sort of a tnan behind a door. Killing Was Crime Of Savage Negro. "We are living in a broad age. We are getting more sense about these matters. Sometimes l think it is a little too broad for me. But Frank’s acts that were testified about were made in the broad open day, and no complaints were made about them at the time. "I was talking about Hooper's theory. He is the sort of man who sees a bear behind every bush. He quoted Conley’s statement about Frank telling him to come back and w*atch. Don’t that fit beautifully? Mary Phagan had not been there. It isn’t so, of course. Frank couldn’t have had any engagement with that little girl. That crime couldn’t have happened as Conley said it did. It was the crime of a savage negro, whose first attack is violence, because he can not accomplish his object In any other way. “Now we come to this man Barrett. I don’t know what his name is, but I call him Christopher Columbus be cause of his numerous discoveries. He talked about a reward. Smith testified he saw him counting his imaginary money. Frank, Chief Beavers and Detective Starnes made a searching investigation of that fac tory Sunday. They didn't find any blood spots. But Christopher Colum bus embarked on a voyage the next day and discovered wonders. “I am going to show you just how Continued on Page 6. T Could Not Rest Day or Night. Sores Itched So Would Scratch Herself to Pieces. Cuticura Soap and Ointment Cured in Two Weeks. Glenns P. O., Va.— “My baby's trouble began with an itching and then a little bump would come and she could not reet day or night. The trouble affected her whole body. The bumps festered and came to a head and the corruption looked like thick matter, kind of a yellow color. The sores itched so badly until it i| seemed to me she would scratch herself to pieces and then a sore would form and her clothes would stick to her body and pull off the little scab. In some places she would scratch and irritate the sores until they seemed to be large. She was affected about a year. “ First 1 employed a medicine which did very little good; next 1 used and that did harm. So I wrote for a sample of Cuticura Soap and Ointment. I bathed her body in warm water and Cut!- oura Soap and then I applied the Cuticura Ointment and, they afforded relief after twice using. I bought some more Cuticura Soap and Ointment and inside of two weeks ■he was cured." 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Someone had been telling the plans of the French fortifications. Dreyfus was suspected. They got evidence against him; he was court-martialed and sent to Devils Island. The men who sent him away thought they were safe, hut the people became calmer and began reconsidering their action. In time a most Infamous conspiracy was revealed. One man confessed and before the end practically every man in the prosecution committed sui cide. Dreyfus was a Jew. He was $20.95 BALTIMORE AND RETURN VIA SEABOARD. On sale August 22, 23 and 24. Correspondingly low rates* from other points. Through steel trains. Funeral Designs and Flowers FOR ALL OCCASIONS. Atlanta Floral Company 455 EAST FAIR STREET. 69' Here's News That Will Make Interesting Reading For Women Nainsook Gowns That Were Until Now $1, $1.50 & $1.75, Are • Prepare to buy them in twos and threes and half doz ens. 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