Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 23, 1913, Image 4

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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