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I vhe Atlanta Georgian and news. TWELVE JURORS WITH WHOM LEO M. FRANK'S FATE RESTS M. S. WOODWARD. W. M. JEFFRIES. M. JOHENNING. F. E. WINBUKH. a X B06SHAKKE. W. F. MEDCALF. J. F. HIGDON. A. L. WISBEY. D. TOWNSEND. F. V. L. SMITH. A. H. HENSLEE. J. T. OSBURN. Solicitor Dorsey In his closing address in the case against Leo M. Frank delivered the masterpiece of his career and held a packed courtroom agape with tense emotion. Probably a more stirring, de nunciatory, and at the same time incisive and analytical ar gument, has never been heard in a Georgia court. Here it is as the Solicitor delivered it: Dbrsey moved over to the rail mg ©f th© Jury box as he opened hi© ©perch. "Your honor and gentlemen of the Jury," he said, "I was speaking to you yesterday of the character of this de fendant. Tills defendant has not a good character. The conduct of the counsel in this case in failing to cross examine, In refusing to cross- examine these twenty young ladles, refutes effectively and absolutely the claim of the defendant that he has » good character Says Defense Had Eight to Refute Charge. "As I said. If this man had a good character, no power on earth could have kept him and his counsel from asking those young girls where they gnt their information and why they (tsai what they d;M. Now that’s a common sense proposition. "You know as twelve men seeking to frt at the truth that they did not asn those hair-brained fanatics, .is | Mr Arnold calls them, questions dence In their possession and they fall to produce It, the strongest pre sumption arises that it would be hurtful if 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 and those In charge of the Revo lutionary War until he betrayed his country. Since that 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 T>e Pro- fundis,’ which he wrote while in Jail—a remarkable work—yet when the Mar quis of Queensberry discovered that there was something wrong Between Wilde and his son, Wilde had the ef frontery and the boldness to sue him for damages. A suit in retaliation re sulted In the conviction of Wilde for criminal practices. Yet. wherever the English language is spoken the ef frontery of the testimony on cro«- eximinatlon of this man—an effront ery typical of this sort (turning to Frank)—will always be a matter for deep study for lawyers and for peo ple interested In that sort of degen eracy. shout Prank’s character because they j "He had a wife and two children. \wr. afraid, and those witnesses, s? Ills ana me probably never would have rood as any th*- rieftMs * put up. were been brought to light but for the fact unimpeached and are unimpeachable, that he had the effrontery and the And you toil ir.e that because the good boldness to start a suit. It ended in P* pie come here from Washington I his being sent to prison. f i' r} and ;. stlfy t«> his good caarae- j "And the prosecution of Oscar! ter is that \ » has one! ‘ "He was a man who led the esthet- ver> often happens that a man’s 1c movement. He was a scholar and wif Is the last person to know his j a literary man. His cross-examina- wrongdoing. Sometimes th** man use? tlon was a thing to be read with charitable and religious organization * pride by every* lawyer. The whole to cover up and hide Ills evil self Very often his guilty conscience turns him that way Many a man is a wolf In sheep’s clothing. "Many a man Is a white sepulcher on the outside and absolutely rotten within. But suppose he has a good character. 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 cariot had a good character among those Twelve Men untii he accepted those 30 piecea of silver. "I have shown you that under the law they had a right to bripg out all ‘ those things: Y*>u saw they dared not do it. Let's see what the law- says. I'll read here from the Eighty- third Georgia Report: M ‘'Whenever any persona have evl- world took notice of his prosecution, and yet when Oscar Wilde was an old man, gray-haired and tottering to the grave, he confessed to his guilt. Prominent? Why, he was one of the most prominent men In the world! Why, he came 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 wad a pervert, proved and confessed. "There was a handsome man in San Francisco, a member of this de- t.epdant’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 poor girl* with whom he came in contact brought him to the penitentiary. I have already referred to Durant. His character did not prevent the jury from convicting 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. Ijook at McCue, the Mayor of Charlottesville, Va. 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 McCue’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 one of the wealthiest and most beautiful girls of Boston, but entanglemenrs with a poor little girl caused him u fear for his good name and he so far forgot his good character as to put this poor little girl to death. Even after his conviction In the last days 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 Ilf? go. They had the courage which will make every right-thinking man rignt by the laws of God and man and of his country. "Take Reattie—Henry Clay Beattie, of Richmond. He was of splendid family, of wealth and proved a good character, though he did not possess it. 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. "Crippen, 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, as 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 to it. Will you do it? If not. let your conscience sav why not. '“But you say you’ve got an alibi Let’s examine that proposition. Here’s an authority: ‘An alibf as a defense involves the Impossibility of the pris 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 If properly sustained, otherwise is ab solutely worthless. I am going to show you that this man’s alibi Is 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 old Sam, *What is this hyar alibi I hear so much about?’ Old Sam says, ‘An alibi is provin’ 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. I want to turn it around for half a minute. Then I 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 the wall, Mr. Sheriff. Let 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 lunch 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: T 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. Where 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 she 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 don’t know who introduced It, and I hope I will go to my grave without ever learning who brought this little Cur 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-Jianded 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 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 w’hy 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 your 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 th e 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 Lemmle Quinn arriving not on the 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 there before 12 o'clock.’’ Arnold—Your honor, I must Inter rupt. No such evidence was ever brought out. Those young women testified that they left the factory at 11:45 and that they saw Leminie Quinn at the Busy Bee Cafe consid erably after. Mr. Dorsey says they saw him at the factory before 12 o’clock. orsey—No, your honor. I didn’t say any such thing. They man t see him there, and I don’t think anyone else did. The crowd laughed. 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. 1 have got Lemmie Quinn's affidavit. I aiq 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 whether or not to make it public. "Is Jim Conley telling the truth or telling a lie? Y’ou 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 of Judge Lochrane: “ 'I do not take the mere words of witnesses. I take their acts.’ "And while I am on this subject I w &nt t° 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: ‘J 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 swore several times 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 jus«t want to call atten tion to the glaring errors. The little ones I don’t care anything about. I won’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 table 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 raw Quinn. “In the name of goodness, if Frank, according to his own statement, could get home at 1:20, couldn’t these girls 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 farce in this case than their straining at this particular point, with the ex ception of Billy Owens’ pantomime. And, oh, what a farce that w r as! "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 time between 12:2d'-and 12:30. Mentions Girl Who Would Die for Frank. ‘‘Ah, gentlemen of the jury, when ever 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 says he did. Let’s pass on to the perjury charge* which Arnold has so flippantly made. You saw these witnesses upon ths 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 ly platonic? I know enough about human nature—I know .enough of the passions which surge in the breast of mortal man—to know that this poor woman’s anxietl.i to put her neck Into the noose to save him were bo**n of something besides platonic love. "When you see a woman so pas sionately devoted to her employer— so anxious to dio for him—you may know and you can gamble on it that there is somethin 0- stronger there than platonic love. It must be a passion bom of something beyond the relation which should exist between a married man—an employer—and his wom.ir. employee. "Ah, gentlemen of the jury, we could have got witness after witness who w'ould have -mne upon the stand and sworn things about this man. There were people who would have perjured themselves. There were wit nesses who came upon th.s stand for the deefndant who on the face of their testimony perjured themselves "Take this little Bauer boy. Re member his testimony before he took that automobile ride with Montag to the office of Arnold & Arnold. Be fore dinner he could remember each detail, but after dinner, after he had taken that ride with old Sig Montag, he had a lapse of memory. Old man Sig must have told this little boy about the Hard "hell preacher down in South Georgia who h^d his con gregation pray for rain. They prayed and prayed, and after a while, like old Sam Jones would have said, the Lord sent a trash mover, a gully wajher. Must Have Overdone It.” "It rained and It rained until they had more water than they knew what to do with. Then the old hardshell preacher said: 'Brethren, it looks like we have a leetle overdone it.’ So Montag must have whispered Into Bauer’s ear, ‘You have a leetle overt- done it.' "And, after dinner, this little hoy didn’t know anything. But was that all? Why, gentlemen of the Jury, be fore dinner that boy even remember ed where his watch lay. "Do you believe that? Talk about perjury! Willful foolishness, because an honest Jury knows that it was not true. They brought in that ma chinist Lee. He was willing to swear to anything and there was not a man in the sound of his voice that didn’t know he was telling an un truth. He wrote and signed a state ment about Duffy's injuries. I brought it here and it was written in type writing and didn’t even have his name on it. "They thought we could not find Duffy and thought you didn’t have sense enough to know the first thing you do in a case like that Is to wrap something around it to stop the loss of blood. "I have never seen a case vet where women were so suborned as In this. Take this woman Fleming, his ste nographer. They put her up and she swore Frank had a general good character. She only swore to what he had done in her presence when they cross-examined her. We don’t contend Frank tried to seduce every girl in the factorwy. But he did pick them out. He picked out Mary Pha gan and was called. "Gentlemen, he got the wrong girl and he was called. And this stenog rapher said she oniy knew what he did to her. She testified that Frank’s business Saturday morning was to make out the financial sheet. Mr. Ar nold said immediately he didn’t have time and she jumped at it like a duck at a June bug. Mr. Arnold was so nervous he would not let me finish the cross-examination, and interpo lated that remark to guide her. "It was unfair and not according to law and practice. But he got away with it. And then she turned right around and in the next breath said that she had never said Frank was working on the financial sheet Saturday morning. Says Perjury Charge Has Not Been Proved. “Oh. gentlemen, can you let a poor little girl go to her death and set her murderer free on such evidence as this? If you do, it is time to stop going through the process of sum moning a jury. "Perjury! When did old man Starnes and Pat Campbell stoop to that. And suspicions! Why didn't we get old man Lee and Gantt In stead of Frank? Why didn't we get Conley? We tried it, but there was absolutely no case against either. But there is a perfect case against this man. But, oh, you cried 'Perjury.' But it is not worth fifteen cents until you put your fingers on something specific. "And here, gentlemen, right before Continued on Page 3, Column 1. THE SUMMER HEALTH BRINK Horsford’i Aeld Phetphate A healthful, invigorating and delldoua tonlo beverage— mure cooling and refreshing than lemonade. xdi Arnold—Your honor© have we got to leave the Xactor* at 1:10 o’clock apd CHOICE OF ROUTES ANR GOOD SERVICE