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i VHE ATLANTA GEORGIAN ANT) NEWS. TWELVE JURORS WITH WHOM LEO M. FRANK’S FATE RESTS M. S. WOODWARD. M. JOHENNING. F. E. WINBURN. C. ,J. BOSSHARDT. W. F. MEDCALF. ,T. F. TTTGDON. A. L. WISBKY D. TOWNSEND. A. H. TIEN DEE. J. T. OSBURN. Continued from Pag. 1. «»f the jury box as he opened hit •speech. “Your honor and gentlemen of the jury.” he said. “1 was speaking to you j esterduy of the character of this de fendant. This defendant has not & good character. The conduct of the counsel in this case in failing to cross-examine, in refusing to cross- examine these twenty young ladies, refutes effectively and absolutely the claim of the defendant that he has a good character. Says Defense Had Right to Refute Charge. "As 1 said, if this man had a good character, no power on earth could have kept him anti his counsel from asking those young girls where they got their information and why they dsai what they did. Now that's a common sense proposition. “Vou know is twelve men seeking to get at the truth that they did not ask those hair-brained fanatics, as Mr. Arnold calls them, questions about Frank’s character because they were afraid, and th<is»- witnesses, as good a* any the defense put up. were unimpeached and are unimpeachable. And you tell me that because the good people come here from Washington street and testify to Ms good charac ter is that he has one! *‘!t ver> often happens the* a man s wife is the last person to know his wrongdoing- Sometimes the man uses charitable and religious organizations to cover up and hide his evil self Very often his guilty conscience turns him that way. Many a man Is a wolf in aht-ep's olothinf. Many a man Is a white sepulcher on the outside and absolutely rotten within. But suppose he has a good < haracter. David had a good char acter until he put Uriah in the fore front of battle that he might be killed that he could get his wife. Judas Is- r a not had a good character among those Twelve Men until he accepted those 80 pieces of silver. I have shown you that under the law thev had a tight to bring out all those *hings You saw they dared no do it. Lets jeee what the law says, i’ll read here from the Eighty- third Georgia Report . " ‘Whenever any persons have evi dence in their possession and they fall to produce it. the strongest pre sumption arises that it would be hurtful tf they did, and their failure to produce evidence is a circumstance against them. ‘You don’t need any lawbook to tell you that. It’s plain common sense. Recalls Case of Oscar Wilde. "Benedict Arnold was brave. He enjoyed the confidence of all the peo ple ami those in charge of tlie Revo lutionary War until he betrayed his country. Since Quit day his name has been a synonym for infamy. Os car Wilde, an Irish knight, a bril liant author, whose works will go down through time, gave us ‘Do Pro fundi*,’ which he w rote while in jail—a remarkable work yet when the Mar quis of Queensberry discovered that there w as something w rong net ween Wilde and his son. Wilde had the ef frontery and the boldness to sue 111m for damages. A suit in retaliation re sulted in the conviction of Wilde for criminal practices. Yet. w herever the English language is spoken the ef frontery of the testimony on crow- examination of tills man—an effront ery typical of this sort (turning to Frank i - w ill alw ays be a matter for deep study for lawyers and for peo ple interested in that sort of degen eracy. "lie had a wife and two children. His shame probably never would have been brought to light but for the fact I that lie had the effrontery and the boldness to start a suit, it ended in his being sent to prison. "And the prosecution of Oscar! "He was a man who led the esthet ic movement. He was a scholar and a literary man. His cross-examina tion was a thing to be read with pride by every lawyer The whole world took notice of his prosecution J and yet when Oscar Wilde was an old man gray-haired and tottering to the crave, lie confessed to his guilt. Prominent? Why, he was one of the most prominent men in the world! Why, hi ame to America and found ed the esthetic movement here. He raised the sunflower from a weed to the dignity of a flower. He was handsome—one of the handsomest men to be found. He had moral courage, yet he was a pervert, proved and confessed. Cites the Case Of Abe Ruef. "There was a handsome man in San Francisco, a member of this de- tendant’s sect—Abe Ruef. a man who possessed all of the faculties of high est intelligence, yet he corrupted even Smith, and his corruption of the pool girls with whom he came in contact brought him to the penitentiary. 1 have already referred to Durant. HU character did not prevent the jury from oonvicting him. This defend ant’s character, like Durant’s, is not worth a cent when the case is proved. "And crime is alike with the rich and poor. Ignorant and learned. Take an ignorant man like Jim Conley. He is the man who commits the petty crimes, but take a man with high in tellect. like this defendant—this Intel, lect. when put to the right use. leads to glorious accomplishments; but If these faculties be put to the wrong use. It brings ruin to the man in the commission of the most diabolical crimes. Look at McCue, the Mayor of Charlottesville, Ya, He was a man of broad Intellect and high education, but, despite his intellect, despite his splendid character, he tired of his wife and shot her. and the jury, com posed of Virginia gentlemen, broad minded and fair, despite McOue’s good character, found him guilty and sent him to a felon's grave. "Take the case of Richeson. the preacher of Boston. Here was a man of highest intellect and with a bril liant future. He was engaged to ono of the wealthiest and most beautiful girls of Boston, but entanglement* with a poor little girl caused him :• fear for his good name and he so fa.' forgot his good character as to put this poor little girl to death. Even after his conviction in the last davs of his hope he committed an act upon himself which he thought would draw the pity of the Governor and save his life. But a Massachusetts jury and a Massachusetts Governor were cour ageous enough to let that man's 1 if^ go. They bad the courage which will make every right-thinking man rign f by the laws <*f God and man and of his country. "Take Real tie—Henry Clay Beattie, of Richmond. He was of splendid family, of wealth and proved a good character, though he did net posse?* t. He took the mother of his 12- month-old baby out in an automobile and shot her. He was cool, calm and deliberate. He laughed and he Joked, but he joked too much, and although the detectives were maligned and abused and a large slush fund was used, a courageous, honest Virginia jury upheld Justice and sent that man to death. And he never confessed, but he left a note" saying he was guilty. Likens Frank To Dr .Crippen. “Crlppen, of England, a man of high standing and recognized ability, killed his wife because of Infatuation for another woman. He hid her where he thought she would not be found, ns this man (pointing to Frank) thought the body of that little girl would not be found. But murder will out, and be it said to the glory of old England this man paid the penalty of death. "Gentlemen, you have an opportuni ty that comes to few' men. Measure up tS It. Will you do It? If not. let your conscience say why not. 'Rut you say you've Rot an alibi. X.et’a examine that proposition. Here’s an authority: 'An alibi as a defense involves the impossibility of the pr'.s- oner’s presence at the scene of the of fense at the time of Its commitment and the range of evidence must be such as reasonably to exclude the pos sibility.’ "The burden of carrying this alibi rests on the shoulders of this defend ant. They must show to you that it was impossible for this man to have been at the scene of the crime—an alibi, while the best kind of evidence 1f properly sustained, otherwise is ab solutely worthless I am going to show you that this man's alibi *s worse than useless. It is no defense at all. I want to give you the definition of an old darky of an alibi. It illus trates my point. Rastus asked olu Sam. ‘What is this hyar alibi 1 hear so much about?’ Old Sam says. An alibi is proven* that you was at the prayer meeting where you wasn’t, to prove you wasn’t at the crap game where you was.' "Let's see the time table of the de fense. 1 want to turn it around for half a minute. Then 1 want to turn It to the wall and let It stay forever ‘ Frank's Own Statement Refutes Time Table.'' " ‘One p. m.—Frank leaves the fac tory.' It looks mighty nice on the chart. Turn that chart to th»' wall, Mr Sheriff I*et it stay turned to the wall. That statement is refuted by the defendant himself when he didn't realize the importance of this time proposition. "Frank's statement at police head* quarters, taken by G. C. Febuary on Monday. April 28, says. ‘I didn’t lock the door that morning. The mail was coming up. I locked it when I started home to luqch at 1:10 o’clock.’ "Up goes your alibi punctured by your own statement when you didn’t realize its importance. Yet these honorable gentlemen for the purpose of impressing your minds print In big letters on this chart he left the fac tory at 1 o’clock. If he swore when he was on the stand the other day that he left the factory at 1 o’clock it was because he saw the importance of this time point and had to leave there ten minutes* earlier than he said he had at the police station before he had had time to confer with his law yer. Mr. Luther Z. Rosser. "I quote: ’I left at 1:10.’ Right here let me interpolate. This man never made an omission from the be ginning to the end of this case. \\ here he knew a person was aware that he was in the factory at a certain time he admitted it. He proved, or at least attempted to prove, an alibi by the little Curran girl. They had her get up on the stand and say that siie saw Frank at 1:10. Yet here is his statement made to the police April 28 in the presence of his attorney. Mr. Luther Z. Rosser, in which he said that he did not leave the factory until 1:10. "The saddest thing in this case—I don't know' who caused it, I dty t know who introduced it. and I hope I will go to my grave without ever learning who brought this little ( ur- ran girl into this case—the saddest thing in this case is bringing in this little girl who is* connected with Mon- tag’s and placing her upon the stand here to protect this red-handed mur derer. "Jurors are sworn, and his honor has the right under the law to charge you to consider the truthfulness or the reasonableness of that which any witness swears to. And. gentlemen I of the jury, anyone who looked upon that little girl noticed her bearing up on the stand, the slightly unusual manner and her connection with Montags—consider the fact that this little girl, like the little Bauer boy, had been riding in Montag’s auto mobile—and if you can not tell just why and how she was brought here, then I am unable to understand your mental operations. "If Frank locked that door at 1:10, how could she have seen him at Ala bama and Whitehall street at 1:10? How could she be so positive that it was him. if she really saw anyone there? For. mark you. she had never seen him but once. She comes into jour presence and tells you the un reasonable and absurd story of see ing him. which is in direct contra diction to Frank’s story. "On this time proposition, I want to read you this. It made a wonder ful impression on me when I read it. It’s from the speech of a wonderful man. It’s from a man in whose pres ence even lawyers of the type of Ar nold and Rosser would take off their hats. "I refer to Daniel Webster and his argument in the Knott case. ‘Time is identical, days, hours, are not visible to any of senses except to the school ed. He who speaks of days, hours and minutes talks at random.’ It is better than I could express it. What about this time? In this table here, minutes are moved up and down, con torted and twisted to protect this man. They say he arrived at the factory at 8:25. Frank himself in his first statement said he arrived at 8:30, and poor Jim Conley, lousy, filthy and dirty, said he arrived at 8:30. carry ing a raincoat, and they tried to make it appear he didn't have one. If the truth is ever known, he tried to bor row that raincoat of Ursenbach’s to create the same impression. "Mattie Smith at 9:20 (quoting from the table), and Frank and Mat- tie Smith both say 9:30. He called Schiff at 10 o'clock (reading again), and yet this man with all his mathe matical precision and accuracy at figures, said he was at Montag’s at 10 o’clock. They say he arrived back at 11 o’clock, but in his first statement he said it was 11:05. At 12:12 they say Mary Phagan arrived at the fac tory. "Oh my. they have to do it. Like the rabbit in Uncle Remus, they're ‘just ‘bleeged to do it.’ Move the min utes up or back, for God’s sake, or we are lost! "But to crown it all! In the table which is now turned to the wall you have Lemmie Quinn arriving not on :he minute, but. to suit your purpose at from 12:20 to 12:22. That evi dence conflicts with the statements of Miss Freeman and the other young woman, who put him theie before 12 o'clock.” Arnold—Your honor. I must inter rupt. No such evidence was ever brought out. Those young women testified f hat they left the factory at 11:45 awd that they saw Lemmie Quinn at the Busy Bee Cafe consid erably after. Mr. Dorsey says they saw him at the factory before 12 o’clock. oreey—No. your honor. I didn't say any such thing. They oicin t see him there, and I don’t think anyone else did. The crowd laughed. Arnold—Your honor, have we got to take this whole crowd into this case? Judge Roan—Gentlemen, there must be order or I will clear the courtroom. Dorsey—Find the records. They will show' I am right. I have got Lemmie Quinn’s affidavit. I am just arguing this case on the evidence. "Jim Conley is a liar, is he? He said Quinn was there and that he was there before Mary Phagan came. Frank had a mighty hard time re membering whether Quinn was there. When Quinn saw' him at the police station and said he had been there, Frank said he would have to see his lawyers before deciding w'hether or not to make it public. "Is Jim Conley telling the truth or telling a lie? You can’t go hot and cold on him. Why was it Frank wanted to consult his lawyers?” Arnold—I will find the record. Dorsey—Yes, you can find it. You can find where Quinn swore half a dozen ways. He was the most anx ious witness I ever saw on a stand, except for old man Holloway. He would tell that he was there if Frank said tell it. He would keep quiet if Frank said no. "Oh. gentlemen, let me read you what a great lawyer said on this sort of evidence. I read the words o: Judge Lochrane: " ‘I do not take the mere words of witnesses. I take their acts.’ Ad Contest to-day and are organiz- "And while 1 am on this subject I want to read you another opinion: ” ‘Evidence given by a witness has inherent strength which a jury can not disregard. But a statement has* none.’ ” Arnold: "Now. your honor. I have found the records and it bears out just what I said.” Arnold read from the testimony of Miss Corinthia Hall that she and Mrs. Freeman went to the pencil factory at 11:35 and left there at 11:45. Arnold: "Mr. Dorsey asked her the question. ‘You saw Lemmie Quinn at 5 minutes to 12 o’clock?’ Answer: ‘1 don’t remember what time it was. He told us he had been up to the factory and saw Frank. He said he was go ing to the matinee.' "Lemmie Quinn sw ore several times Continued on Pag® 3, Column 1. THE SUMMER HEALTH DRINK Hortford's Acid Phosphate A healthful, invigorating and delirious tonic beverage more cooling and refreshing t&an lemonade. Ad? he was at the factory at 12:20,” Ar nold continued, "and here it is that he said that he was in a pool parlor at 12:30. just after leaving the factory.” Judge Roan: "Mr. Dorsey, have you anything in contradiction to that?” Dorsey: "Yes, I have plenty; that doesn’t scare anybody.” Arnold: "I just want to call atten tion io the glaring errors. The little ones 1 don’t care anything about. I w'on't interrupt him except on glar ing misstatements. Life is too short.” Dorsey: “Yes, you will. You will interrupt me every time I am incor rect. You are too shrewd, too anx ious to let anything go by. Don’t tell this jury you are going to let me say things that are incorrect. “Here is your tabie turned to the wall, having the time of Lemmie Quinn’s arrival at 12:20. I have an affidavit here of this pet foreman of the metal department. He said he got there at from 12 to 12:20. Those girls Went out of the factory at 11:45 o’clock. They walked up a block and down a block to the Busy Bee Cafe There they saw Quinn. "In the name of goodness, if Frank, according to his own statement, could leave the factory at 1:10 o’clock and get home at 1:20, couldn’t these girl? walk up a block and down a block and see Quinn in fifteen minutes? "I know It hurts, but this table here which puts Lemmie Quinn at the factory from 12:20 to 12:22 is a fraud on its face. There Is no greater fat;ce in this case than their straining at this particular point, with the ex ception of Billy Owens' pantomime. And, oh, what a farce th atwas! "Gentlemen of the jury, you need not try to consider their attempts to be accurate about the time Quinn says he was there, for Lemmie says himself he could not be positive. He says he thinks he got there some tima between 12:20 and 12:30. Mentions Girl Who Would Die for Frank. "Ah, gontleemn of the jury, when- eevr a man gets to swearing too defi nite and too specifically about time, then the words of our friend Webster, which I quoted to you, are right— ‘He is not to be relied upon.’ "And can you truly consider the words of a man whom your reason tells you is straining to set the exact time? "But let’s pass on from this. I will not take the time to read you every thing that Lemmie he did. Let's pass on to the perjury charge which Arnold has so flippantly made. You saw these witnesses upon tfca stand. You heard their words. You noticed their manner, their attitude and their interest. "Why, one of these ladles from the factory wanted to die for this man Frank." A titter of laughter ran around the room, and deputies were forced *o rap for order. "When did you ever know of an employee being so enamoured of her employer that she was willing to die for him. if their friendship was pure- CHOICE OF ROUTES ANO GOOD SERVICE