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17TE ATLANTA H ('.Until AN AND TOTO
By JAMES
Frank Hooper's speech In behalf of
the prosecution against Leo Frank,
charged with 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 tnnjrs, but it wan devoid of any
thing that might be construed as be
low the belt.
^ Undoubtedly, It was not pleasant to
the defendant, sitting there, stolidly
following the words of Hooper—but
Dorsey and Hooper, in Its Anal aspect,
have made out a most dangerous case
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 w’as more
than abundantly taken care of when
Arnold followed.
The case made out in defense of
Frank by Arnold was extremely
plausible—It covered In 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 he
highly intelligent and not apt to rush
pell-mell to a verdict either for or
against Frank.
And if the opposing counsel enter
tain that opinion ‘of the Jury—if they
hold It in such compelling esteem and
respect—and if the Jury is such a
Jury as deserves that opinion, which
I think it is, then the chances are chat
its verdict will be righteous and Just,
whatever it may be.
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 ultimata
request any man for or against the
defendant could or should make of
the •'twelve good men and true” there
tp paee upon the fate of Leo Frank.
Neither the State nor the defense,
In Justloe and right, dare will plead
fjpar more or less!
The two opening speeches in mqr-
trials are presumed to outline
Clearly the trend of the completed ar
guments both ways.
Concluding attorneys may amplify
£d<1 enlarge upon points raised by
Opening attorneys, but they rarely go
j^r beyond the primary outlining of
two main points of view.
And so, while Rosser and Dorsey
|pay go further than Hooper and Af-
fcold in Invective, sarcasm, ridicule
lend passionate outbreak, neither is
fept to add anything material to either
jtfde* as compared with the things
Hooper and Arnold have said.
There Is some advantage to the
Btute—or, at least, there is supposed
tp be some advantage to itp—in that it
Jja* the concluding argument before
the Jury.
No Injuetloe 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 t+ie presumption of Inno
cence—it 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
mits the final voice to be the voice
from the grave.
The dead—he or she is not there to
speak, and to say as to the truth,
and so the law directs that the State’s
prosecuting counsel shall speak it in
stead.
Thus does the law, with Impartial
hand, protect first the defendant and
then protect quite as Jealously its
own majesty, and the rights of the
dead!
The law, however, in tho event the
defendant elects to introduce no wit
nesses in his behalf, and to rely sole
ly upon his own isolated statement,
pot 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 place
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 his name of all stain and send
him forth a free man?
Or will It find him guilty and fasten
upon him forever the disgrace of one
of the moart Inhuman and diabolical
crimes ever committed in Georgia?
To render the latter verdict it must
believe Frank a monster, lost to every
B. NEVIN.
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-
Mpeakable lust—the vilest and mos*
evil creature ever known among his
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
bad, who cited instances of a suspi
cious nature to uphold that belief, are
wrong—that they knew him not. not
withstanding their 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 hi#
to be untrue, still Is untrue, and that
all the things alleged against Frank
either are wrong naturally or wrong
by design and malickous purpose!
Will the jury look at the matter
that way? It is not easy to think it
will!
And yet, again, it MUST believe the
one or the other—or there wilj be
no verdict!
What. then. CAN honest minded
mortals, men and women who want to
see 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 have about concluded that.
The general public should now pre
pare itself to receive the verdict as
the final and determining circum
stances in the case.
Individual opinion is interesting at
times, but after all, one man's opin
ion is as good as another’s, hut 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 alon$
matters supremely, Is what does the
JURY think, and what will the Jury
say I
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 I write nor does 1t
hear what you say. It is there, in
th© 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
fall!
There is no responsibility upon in
dividuals expressing opinion pro and
con. They are 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 T 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 cas© made
against him.
The Jury may convict him, and it
may acquit him.
No man possibly can know at this
tima—and nothing is so uncertain
in the matter of forecasting as the
verdict of a Jury.
Public Should Accept Verdict.
But whether it be acquittal or con
viction, the public should, and the
lnw’-ablding public WILL, prepare it
self ‘to accept that verdict as right
eous and just.
No man ought to he 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 th© 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
SAVANNAH. Aug. 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 before the execution. Collier
privately reiterated a previous con
fession to the Rev. John S. Wilder,
pastor of the South Side Baptist
Church, acknowledging his guilt. Col
lier sang and prayed all of last night.
FELINE WAIF FINDS PROTECTOR
IN PRETTY HOTEL ANSLEY MISS
This is Miss
Gladys
Brinkley and
‘' Governor
Slaton” in a
special pose for
camera man.
“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.
im NOT TO GET
TIME EXTENSION
Name of Bolling H. Jones as Suc
cessor to Go to Senate
Within few Days,
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
his 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 hU
friends to have the charges with
drawn. He states emphatically that
he does not wfmt 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, h e 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.
Commissioner Price
Spends Night in Dead
Auto on Lonely Road
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 it’s a
good one on him, he d/*esn’t mak*?
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 Commissioner and hi* son were
motoring from Walton to Atlanta.
Everything went well until ^Je 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 mile* to the nearest
house for assistance.
Poor Girl Can’t Be
Good in New York’
New York Mystery Cleared When
History of Trappist Monks*
Ward Is Traced,
NEW YORK, Aug. 22.—"T 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 I
Park. She was rushed to a hospital.
”1 won’t be bad. so I can’t live,”
moaned the girl, refusing to take an
antidote.
LACHINE. QUE., Aug. 22.~,Aft«r
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. Srosseau was kidnaped seven
teen years ago when he was seven
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 Lachlne, to-day ap
plied 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.
Brosseau’s parents went to Oka and
identified their son by & birth mark. t
In the meantime news of the young
man’s strange capture got abroad in
the newspapers and many persons
claimed him as their son.
Wife Shovels Snow;
Gets Reno Decree
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 Commhwary Managers’ Asso
ciation escaped from its cage and in
vaded the dining room, sending guests
scampering to cover.
One mffn 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 IN COW.
PLEASAXTDALE, Aug. 22.—An
autopsy on a cow at Pleanantdale 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.
RENO. XEV., 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 :• 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
monthly passenger and freight serv
ice between Bremen, Boston and New
Orleans. The new service will com
mence September 15.
Killed While Rushing
To See His Sick Baby
LEXINGTON. Aug. 82.—Morton
Little, a railroad man of Caney, Ky.,
called home by Ulnoas of his baby,
jumped from a train when it did not
stop at his home, broke his back and
a leg and fractured him 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 21,000, 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.
Funeral Designs and Flowers
FOR ALL OCCASIONS.
Atlanta Floral Company
455 EAST FAIR 8TREET.
“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 venge fully. He loved no
body and nobody loved him.
Then Miss Gladys Brinkley came
along. Miss Brinkley is one of the
prettiest of the young women who
work at the Ansley. Diners unite In
saying that the smiles she dispenses
as 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 Miss 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’* arms, where he
purred contentedly while she stroked
him behind the ears and crooned over
him.
For “Governor Slaton” isn’t w r hat
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 tljat he probably is the
only cat in captivity bom in a big
hotel. For the “Governor” first saw
the light of day in a 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 has 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, “but 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 w’lth
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 clocks and watches,
it was learned that the cat had been
bom at the exact moment Governor
Slaton was inscribing his name on
the hotel register —hence the name.
Senator Borah, Cut
By Bottle, Swoons
WASHINGTON, Aug. 22.—When
Senator Borah attempted to take the
cork out of a mineral water bottle
1n 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
three or four stitches in the wound.
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.
PREPARING FOR LABOR DAY.
COLUMBUS.—The Columbus La
bor and Trades Assembly is prepar
ing a program for Labor Day at
Wildwood Park. Ther© are about
2,500 union men'in Columbus.
Season’s Farewell Offer!
Tomorrow Positively Ends It
Your One Last Chance to Get
Look of
Youth
The Best Food-Brink Lunch at Fountains
ORIGINAL
GENUINE
0C Insist Upon
HORLICK’S
Avoid Imitations—Take No Substitute
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.
Rich milk, malted grain, in powder form.
For infants, invalids and growing children.
Pure nutrition,upbuilding the whole body.
Invigorates nursing mothers and the aged.
rt depends more upon
the condition of the hair
than upon the feature of
1 woman's face. That Is
why any woman can keep
young looking, because no mat
ter what the condition of her hair,
thin, faded or gray, It can be re
stored to Its natural oolor and beau
tiful softness and luster with
Robinnaire HairDye
This wonderful preparation keeps
the hair in a beautiful condition, re
stores the original color to faded or
gray hair, and does not stain the
icalp or make the hair sticky. Pre
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 poet, 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
Powder and Cold Cream of Roses.
Jacobs’ Pharmacy
A.tidiat.w, sjtt.
Extra Pants
Made to
Order
“Stop all free pants offers after
tomorrow’s sale.” That’s our orders.
We’ve 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.
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”
Ctt right*•<*. Owvy.
EPLENMILLJ’
Open Saturday Night Until 10:30