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FRANK'S AGITATION IS DECLARED NO GROUND FOR SUSPICION
Why Don’t They Hang Everybody Who Was Nervous? Attorney Demand
TO
COURT TO HEAR CLOSE
OF FRANK ARGUMENTS
Continued From Page 3.
you word for word. But get him cn
something else and he Is lost.
“You can train a dog to do tricks;
you can train a horse to count, bu?
tell the dog or horse to count some
thing else than that in which he 1*
trained, and he is completely lost.
, Conley Arraigned
For “Disremembering.”
“And it was like this with this ne
gro. He had been well trained in his
part. As long as he was repeating
ills story of the disposition of the
body he was letter perfect. But just
let me ask him anything else and in
stantly he was treed. He couldn't
remember anything else. I asked him
about Daisy Hopkins. The first time
lie spoke of Daisy he said he saw her
on the first floor with Mr. Frank.
Then he had her somewhere else, and
then again at another place.
“If I asked him questions of other
tiling, he would say, T can’t remem
ber.' He could trip t>ack and forth
over his story and remember every
word. Conley reminds me of an in
stance in connection with Queen Car
oline of England. She was charged
with treason, but no Englishman
dared to swear against her. They
searched the whole of the broad land
and not a man of the Anglo-Saxon
race would dare to speak the lies
they sought to have spoken. Finally
they found two or three Italians who
swore against her. They learned their
tale and they had it as‘letter perfect
as the actor who studied Macbeth.
But when their questioners deviated
from the particular subject they
would resort to the Italian tongue
and declare they could not remember.
They perjured themselves. And it
was this way with that negro, Jim
Conley. He perjured himself.
"When I would ask Conley about
anything else, he would say, ‘Boss, 1
don’t know,' or ‘Boss, I disremember.’
When I would ask him, ‘Who did you
tell about it? When was it?’, and
like questions, back would come his
old answer, ‘Boss, I can’t remember.
"They say he could not have made
up that kind of a story, but I think he
could, and I think he did well in re
membering his story.
Negro Was Lying To
Save His Own Neck.”
"But why shouldn’t he? Think of
the coaching he had, I think if I had
Black, Starnes, the Chief of Detec
tives and the rest of them, that I
could become letter perfect in it, too.
He had them to help him out. Let’s
call them professors in this school of
learning.
“Here is Starnes; let’s call him the
professor of theology. Then there is
Professor Black. Professor Scott, Pro
fessor Rosser and their dean, New
port Lanford. Ah, here comes the
dean now.”
At this moment Chief Lanford en
tered the courtroom.
“Now, we shall open school in reg
ular order. Tell me a negro can’t fix
up a scheme to protect himself. Why,
gentlemen of the jury, would any
Southern man believe that statement?
I would not expect a negro to become
a student by the midnight lamp. I
would not expect him to become an
astrologer. 1 would not expect him •]
to become an architect and plan a
cathedral. The negro is not pos
sessed of that sort of originality. But
if anyone thinks this* negro Jim Con
ley hasn’t a keen African imagina
tion he is mistaken.
“The person who thinks the negro
t an not make up folklore and stories
is greatly mistaken. Th*y are mis
taken if they think he can not tell a
story to save his own neck.
"Why, Brother Starnes, if you saw
a negro with a chicken in his posses
sion and he told you he got it from
Mrs. Jones across the street you
would put him in jail as soon as he
told the story. Where does all the
folklore come from? It comes from
Africa. Where did we get the mate
rial for the Uncle Remu* stories?
. From the sama orisin.
How the Witness
Arranged His Dates.
"When it comes to fixing a grew-
some story like that told by Jim Con
ley, there is. not a white man in my
hearing who is the equal of the ne-
gro. Let’s see the story he told: He]
began by telling of being on Peters
street all Saturday forenoon. He said
that he w-asn’t at the factory at all.
Starnes said he couldn't fix a story,
but he fixed this one. They got Mrs.
White to look at him at the police
station. And he screwed his face up
so she couldn’t recognize him. Th**y
found out that he could write. He
had lied about that. They caught him
reading in the stockade; caught him
reading right in this courthouse. He
had lied about that.
“What did the detectives do with
that negro? They took him down and
gave him what I called the third de
gree. They said it wasn’t, but if It I
wasn’t, I should hate to get the'
fourth. They swore at him; they
abused him; they said to him, ‘Don't
you know' that man didn’t bring you
down there Friday to write thos^
notes?’ and Jim would say, ‘Yes, boss.
I know.’ They would say, ‘Don’t you
know he wouldn’t have you write
those notes before he killed the girl?*
and Jim would say, ‘Yes. boss, I know
that’s right.’ They would say, ‘Well,
then, why don’t you tell the truth .”
and Jim would say, ‘I will, boss; it
was on Saturday.’
“You can very easily see how they
made him fix up his story. They took
his lies and showed him where they
could not be true. They told him
where they were wrong and where
they would have to be fixed up. We
have got Scott’s own testimony for
that
Viciously Assails
Detectives’ Methods.
“Scott and Black had him when he
was In Ihe high school. I don't know
whether Scott and Black are profes
sors or not, but they would say to
him, ‘Stand up, Jim Conley, and re
cite.’ I reckon they called him
'James' and then say to him. 'Stand
up James; when did you write those
notes. James?’
“And he would say. 'On Friday.’ And
they would say, 'Ain’t you got no
sense? Don’t you know that you
wrote those notes'on Saturday?’ He
would say, ‘Yes, boss.’ They would
say, ‘Now, James, let’s be sure about
that; when did you write those
notes?’ And the negro would say, '1
wrote them on Saturday, boss.' They
would say. 'That's right, Jim. You
are all right, now.’
“I know how they got that. Good
boy. James; let’s have that again.
What were they doing five hours one
day and one hour another day? Was
It an honest thing; was it a right
thing? Was it right for two white
men to take him an^ educate him.
But that was only the high school.
They had to take him through the
university. Scott and Black were too
white for that; they didn’t get any
perversion. They were too honest.
But at the university they had Pro
fessors Starnes and Campbell. I
would give anything in the world to
look as pious as Professor Starnes.
I don’t know' whether Professor Dor
sey was in there or not, but there are
some mighty strange things. They
didn't dare make other affidavits. We
trailed the serpent too well by those
first three. It is Just as plain as
Colonel Hooper and I used to trail the
j gopher in South Georgia.
He Told New Story
At Every Opportunity.
“That tiptoeing and running back
and forth—when did that get In?
Seven times Dorsey had him. Three
timeM Starnes had him. Oh, gentle
men, lovers of Justice, is it fair to
take this pliable negro and fan him
away from a statement he said was
the truth and was his last? Has he
told the last? Who knows but that
the 1F.71h chapter of his statement is
but the beginning of he Clearing of
this mystery? At the very last op
portunity he told a new story, one
even Professor Starnes did not know
about, the product of nome other par
ty. He told about finding that mesh
bag.
"They didn’t put him back as they
started to. They were afraid ht
would give a new revelation of the
whole affair I am nearly through,
but before I conclude I want to di
rect your attention to one fact. Put
away all I have said. Forget it, ana
I wouldn’t blame you If you did.
One who has talked as much as I
have deserves to be forgotten. I don't
care anything about that doctor’s
row. I think that was one of the
funniest things that ever crept into i
courthouse. It doesn’t make any dif
ference whether the statement of
Harris that she died within half an
hour, the statement of Johnson that
she died within an hour, or the state
ment of Westmoreland and the others
that it was all a wild guess, Is true.
I Just want to say that If I believed
Dr. Harris’ statement the next time I
got sick I would send for him and
give him the earth.
"Dr. Harris believed he was telling
the truth. Harris is a fine boy. His
father admitted me to the bar, thougli
he may be culpable for that, but did
you ever eat any cabbage? I can eat
everything from whetstones to cab
bage. but cabbage alone I can’t di
gest.
‘ ‘ Time Element Fatal
To State’s Theory.”
“I can drink everything from lager
beer to champagne, hut I can’t digest
champagne. They say they are talk
ing about normal stomachs. There
are no normal stomachs, according to
these experts. I will bet there are
not three men In the courtroom who
will prove to have normal stomachs
under their examination.
“Have you got a normal nose?
Have I got a normal nose? I wouldn’t
say I have, but let’s dismiss all that.
Let Harris pet his theory like he
would a house cat. Let’s look at the
cold facts in this case.
“In the first place, that little boy
Epps says he and Mary Phagan got
to Forsyth anu Marietta streets at
12:07 o’clock. The motorman testi
fied that that was the time the car
got there. Her own mother said she
left home at 11:45 and the most rea
sonable assumption from that state
ment U» that she caught the 12:07
schedule.
“If you make a just allowance for
the time it iook to walk to the f tc-
tory, it was about 12:12 when she ar
rived. Dor .sey is going to deny that,
but just for the sake of argument,
admit th car was three minutes
ahead of time. She got there at 12:09.
Supposr she got there at 12:05? I
don’t believe she did. I don’t be
lieve little Mon n Stover could see
into Frank’s inner office. The fact
stands out that at 12:20 Lemmie
Quinn was there a 'sis work. Frank
was there. Do you believe he could
have killed that little girl, washed
Ills hands, cleaned his clothes, and
been In their calmly at work in 15
minutes?
‘‘Who Lies—Conley
Or These Good Women?”
I
"If he could have done it, the ma
gicians of India are but common
tricksters compared with him.
"Frank is a magician if he killed a
girl and then performed the work that
he did that afternoon. But I think
that we will hardly accuse him of
being that. He must have disposed of
the body some time between six min
utes to 1 and I 30 o'clock. *T'nat ,is,
if we believe Jim Conley.
"Con ey is positive about the time,
because he wen*, across the street and
ate a lunch. Ah, what an appetite he
had. He ate a. fish and liver sand
wich, and he Is positive that Frank
must have dune It by 1:30, becau.se
after he got over there and ate this
fish and liver sandwich he looked at
the clock, and it was 20 minutes to 2.
“Now. bear this in mind, gentle
men. He said 1:30. Now, let’s see
whether he perjurer himself or not.
Here is little Miss Curran. She ha*
told you that she saw Frank at 1:10.
Are we to make a perjurer of this
sweet young girl? Then there is Mrs.
Levy, a neighbor of Frank's. She saw
Frank at 1:20. Are we to make a
perjurer of her? Can you say that
you believe the story of Conley and
in the same breath call Miss Curran
and Mrs. Levy liars?
“Now take the mother-in-law* and
father-in-law of Frank. They say
that Frank came home about 1:20 to
lunch. Are we to tell these old peo
ple that thev are liars, too?
Claims Alibi From
State’s Own Testimony.
"And, gentlemen, there is the hard
est thing of all. They must also
make a perjurer of Minola’s husband.
Albert McKnight, for he says that
Frank was there about 1:30 at the
Selig home. Ah, think of that. To
make a perjurer of their own Albert.
"Then Minola says that Frank was
there at 1:20. And Minola—ah. she L
the greatest stain on this case. Can
we ever forget the plot made by this
poor wretch arrested out of the So
llcitor’s office? Ah, the shame of it
all. I assert that the men connected
with this hideous affair, the unlawful
arrest of this poor woman, will be
ashamed of this one act the balunce
of their lives. And Starnes, the hon
est man that he is, tells us that before
he could turn her loose he had to call
up Dorsey twice. And where is m>
immaculate friend Beavers, who stood
by and watched it all? If all this is
not true, then Starnes hq-i to perjure
himself when on the stand.
"Ah, many things nave happened
under oath in this case which may or
may not have happened, but there is
one thing on which the State and de
fense are agreed—that is, except
(’onley—that Frank was not in that
factory at 1:30. Conley alone, per
juror that he is, untrained and un
taught, the great liar that he is. alom
says he was there. And on Conley
rests their case.
"Consider this line, gentlemen, an<5
the others. No one body on earth
has the power of the American Jury.
They hold the power of life and death,
and I have yet to find one that failed
to show Its courage.
Rosser Concludes
Plea cf Defense.
"Gentleman, I am nearly through.
I wish to call your attention to one
thing. They mentioned this man
Mincey and intimated that we were
afraid to introduce nim. But his tes
timony was not of any direct, pro
hibitive value. All that we desired of
Mincey was to discredit Conley, but
Conley got up himself and admitted
that he was a liar. So what was* the
use of calling Mincey for the same
purpose? It might have been a day’s
row to determine if he were a re
sponsible person. I know* nothing
about Mincey, nor care anything
about him. If he is as honest and
truthful as the angels in Heaven we
had no need for him. If he is merely
part of a scum that has arisen at a
time like this, then I would certainly
want to wash my hands of him.
"I have yet to believe that it is
necessary for the truth to be cared
for. cherished and watered througn
four long months by the detectives. 1
have yet to believe that this man
Conley has to be supported in his
statement by sudden visits of the So
licitor I have yet to believe It re
quires so many professors to bring
Conle- ’s story to its full and fruition.
God deliver me from some of the tes
timony that has come up in this case
I might have hanged a yellow dog
upon it, but I would have gone home
ashamed of myself. Gentlemen of
the Jury, you have heard me courte
ously. I thank you. This case has
been a furious one. You have been
attentive and 1 have appreciated it."
This concluded Rosser's address,
and Solicitor Dorsey Immediately be.
gan the closing argument for the
State.
SOUTH AFRICAN FIGHTER
KILLED BY OPPONENT
LIVERPOOL, ENGLAND. Aug. 22.
Harry Price, a South African boxer,
died to-day from a blow administered
by "Private” Basham, an English
fighter, who is under arrest. Price
was struck over tht ead and knocked
out by a terrific right-hand swing.
Tariff Act May Cost
The U. S. $10,000,000
WASHINGTON. Aug. 22.—A report
from the Secretary of the Treasury
showing that the Government would
lose about $10,000,000 if the goods
now stored in bonded warehouses oe
taxed under the proposed duties of
the Underwood bill Instead of being
taxed under the present tariff law,
was sent to the Senate to-day.
The Democrats are seriously con
sidering adopting the suggestion of
Senator Sutherland that the Payne
law* rates be imposed upon all goods
brought to this country and stored In
bonded warehouses prior to the en
actment of the pending law.
Drowns in Attempt
To Rescue 2 Women
BILOXI, MISS., Aug. 23.—Emile
Faviere, a prominent young man of
New* Orleans, was drowned at Horn
Island trying to rescue tw*o women
who got beyond their depth. The
women were unconscious for an hour
i after being rescued.
The three were members of a par-
| ty of five people who went out to the
j island on a pleasure boat.
TWO DIE IN 8UICIDE PACT.
INDIANAPOLIS, Aug. 22.—Wrap
ped In each other’s arms, Roy Gross,
22. and Hazel Stewart, 22, a married
woman, aied early to-day In a suicide
pact carried out with carbolic acid.
EISEMAN BROS., Inc.
A SHAMPOO—
And h#w much better you feel.
Our process Is different. Try it.
Makes you feel like new.
“The l ittle White Shop
Around the Corner”
Leslie’s Place
10 Alabama St.
SEMI-ANNUAL STATEMENT
For the six months ending June 30, 1913, of the condition of
The American Credit-Indemnity Company
OF NEW YORK
Organized under the laws of the State of New York, made to the Gov
ernor of the State of Georgia in pursuance with the laws of said State.
Principal Office—No. 302 Broadway, New York City.
I. CAPITAL STOCK.
Amount of capita] stock ■••• *
Amount of capital stock paid up in cash 350,000. uj
II. ASSETS.
Total admitted assets $1,210,629.00
III. LIABILITIES.
Surplus over all liabilities •••• ••• $ i
Total liabilities (including $350,000 capital) I,0o8,423.99
IV INCOMP DURING FIRST SIX MONTHS OF 1913.
Net premiums ...
Income from interest 29,48X80
Total Income * 396,98r,.49
V. DISBURSEMENTS FOR FIRST SIX MONTHS OF 1913._
Total loss payments ••• * 182,762.49
Operating expenses (including items for which we carried
a reserve of $23,564.53 December 31. 1912) 180,171.39
Loss on bonds
Total disbursements s 368.436.38
A copy of the act of incorporation, duly certified, is on file in the of
fice of the Insurance Commissioner.
STATE OF MISSOURI—City of St Louis.
Personally appeared before the undersigned, Joseph J. Gross, who
being duly sworn, deposes and says that he is the secretary of Che
American Credit-Indemnity Company of New York, and that the fore
going statement is correct and true JOSEPH J. GROSS, Secretary.
* Sworn to and subscribed before me this 19th day of August, 1913.
SHEPARD R. EVANS,
Notary Public, City of St. Louis, Missouri.
Name of State Agent—R. S. WITHERSPOON.
Name of Agent at Atlanta-R. S. WITHERSPOON.
Boys’ and Children’s Department
(Entire Second Floor)
Buy the Boy’s School Clothes
At Clearance Prices!
August Discounts list many items of exceptional value at
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BOYS’ HANDSOME NORFOLK SUITS
25% Discount
BOYS’ D0UBLE=BREASTED SUITS
33*^% Discount
Boys' Nobby Felt Hats
25%
Discount.
Boys ’ and Children’s
STRAW HATS, values up
to $2.00
60c
CHILDREN’S ROMPERS
50c Values 40c
75c Values 60c
$1.00 Values .75c
WASH SUITS
Boys’ and Children’s
Wash Suits in great va-
riety—
33 l /s% Discount
Boys’ Knee Pants in fancy
mixtures, 25 per cent dis
count.
Boys’ Underwear, one lot
shirts and drawers, 25c
values
Per Garment 15c
Boys’ Underwear, one lot
shirts and drawers, regu
lar 50c values,
Per Garment 25c
Boys ’ and Children ’«
SHOES, Main Floor Rear,
Clearance Prices on Boys’
and Children’s low shoes.
CHILDREN’S RUSSIAN and BLOUSE SUITS
made of Fine Woolen Fabrics in a variety of solid colors and
fancy effects—just the thing for early Fall wear—now selling
at Special Discounts of
331%
Summer Clearance Prices are drawing to a close, and the
opportunities now offered for substantial economy in buying
should be quickly taken advantage of.
Discounts In All Departments!
Men’s Clothing === Furnishings === Hats=== Shoes
At Cut Prices
LUGGAGE NOW SELLING AT CLEARANCE PRICES
Eiseman Bros., *
11-13-15-17 Whitehall
FINAL
REDUCTIONS
CLOUD-STANFORD CO.
ANNOUNCE NEW PRICE SCALE
EFFECTIVE AUGUST
23d to 30th
It is a continuation of our former method to clear
our stock completely of seasonable wearables.
The wisdom of such a policy must be obvious to
every one familiar with the character of our mer
chandise, and the mere announcement of a second
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enjoy the luxury of men’s extra fine apparel at
prices much lower than is usually obtained for in
ferior grades,
. . $17.00
ANY SUIT IN THE HOUSE
And no restrictions govern your selection. You have full latitude to choose the most
appealing style with the exception of Dress and Tuxedo Suits.
ANY SHIRT IN THE HOUSE ... 95c
This does not include silk shirts, but all white and fancy negligees and plaits are included
at the above price.
ANY SILK NEGLIGEE SHIRT . . $2.85
Here you get the finest grades of silk shirts we have shown heretofore at a price far below
the cheaper grade silks.
Any Straw Hat in the House ....... $ .95
Any Panama or Bangkok Hat $2.50
All 50c Neckwear Reduced to ....... .25
All $1.00 Neckwear Reduced to 50
All $1.50 Neckwear Reduced to 75
All $2.00 $2,50, $3.00 Neckwear $1.00
All 50c Hosiery, “Onyx Make” ...... .25
All $1.00 Hosiery, “Onyx Make” 50
All $1.50 Hosiery, “Onyx Make” 75
All $2.00 Hosiery, “Onyx Make” .... $1.00
Belts, Pajamas and a special lot of
broken sizes in Underwear reduced to
half former prices.
Cloud-Stanford Co.
6 \ P
eachtree