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KSfcS THE ATLANTA GEORGIAN AND NEWS. SOLICITOR DORSEY MAKES GREATEST SPEECH OF HIS CAREER Likens Frank to Beattie, Richeson, Wilde and Other Noted Criminals DORSEY STRESSES FACT THAT DEFENSE DIDN’T ED Continued From Page 2. your very eyes, in black and white, the testimony ofthis woman, Flem ing, shows that they perjured her. "Do you tell me when that factory closes on Saturday afternoons that this man with the handsome wife that he possesses, this college gradu ate, who likes to read and play cards, who likes to see baseball games, would spend his time there, using the data that Schiff prepared on Satur day afternoons when he could do It Saturday morning? No, sir. Miss Fleming was right. She didn’t stay there to work often on Saturday aft ernoons.” The Jury was allowed to*retire for a few minutes. When they returned, Dorsey resumed his argument. "Now, gentlemen*, I submit that this man made that lnance sheet Sat urday morning. I am not going to fatigue you with my reasons. It is unnecessary. If he did make that sheet on Saturday afternoon, he did it thinking of an alibi. But don’t tell me that because he might have done this on Saturday afternoon with a penmanship that showed no nervous ness proves an alibi. “If he could go home into the bosom of his family after such an atrocious crime, he could have made that sheet. But he wouldn’t have done it if Schiff had not gotten up the data. H e had done it fifty-two times a year for five or six years. If he would do ad ditional work on that Saturday aft ernoon. it could only have been with a sinister purpose. Witness Afraid Even to Identify Handwriting. "In speaking of perjury, his mother raid anybody ought to identify his handwriting.” Dorsey held up the photograph of the sample of handwriting Frank wrote for the police. ‘Vet the man they put up to identi fy his handwriting was so afraid he might do Frank an injury that he wouldn’t venture a guess. Grant that he did go home to his wife and those eld people—his parents-in-law—and maintain a stoical countenance. Grant mat he did make that sheet, which he could make up with his eyes chut, wrant that he did unlock the safe, a tiling that he had done every da' - for years. “But when he went to run the ele vator; wnen he went to nail up that back door; he w'avered; he paled when ne talked to the police, and trembled on Darley's knee as he rode to the police station. "He could sit in the hall and read a joke about a baseball umpire, but the frivolity annoyed the visitors at his home. It was the same kind of frivolity Henry Clay Beattie displayed when he stood beside the automobile that was stained with the blood of his wife. His jpke was uttered only in annoyance; it jarred. “But whether or not he made up that Financial sheet, while waiting for old Jim to come and bum the body, on© thing I grant he did. Don’t for get the envelope; don’t forget the way the letter was quoted, that letter he wrote to his uncle in Brooklyn, that letter that begins: ‘I trust that this finds you and dear Tante well.’ He had no wealthy relations in Brooklyn! That old millionaire uncle was mighty near there when Frank told old Jim Conley: 'Why should I hand? I have wealthy relatives in Brooklyn!’ Dorsey finished reading the letter and then said: “Here is a sentence pregnant with significance. It bears the earmarks if a guilty conscience. He wasn't trem bling when he wrote. He is capable and smart, but here is a sentence that is a revelation. Here is a document I concede was written after little Mary Phagan, who died for virtue’s sake, was lying mutilated in that dark cold basement.” At this juncture Mrs. J. W. Cole man, mother of Mary Phagan, began to cry. Dorsey read from the letter: "‘It Is too short a time since you left for anything startling to have developed down here.’ “ ‘Startling’ aftd 'too short a time. Those are the words tHat incrimi nate. That little sentence itself USE The best materials when you paint your house. STERLING is highest quality possible in PAINT It is a paint with a pur pose. “It is cheaper to paint than not to paint.” Phones: Main 1115, Atlanta 329. DOZIER & GAY PAINT CO. 81 South Broad 8troet. show’s that the crime was committed in an Incredibly short time. “Tell me, honest men, courageous men of Georgia, that this phrase penned to his uncle that afternoon did not come from a stricken con science. ‘Too short a time since you left for anything to develop down here.’ “What do you think of that, honest men? Then notice what he writes about the thin, gray line of veterans facing the chilly weather, as if that old millionaire uncle of his traveling around Germany for his health, as if he cared for these old heroes in gray! Ample and reliable authority mys that over-expression Is an indication of guilt. Tell me that this old man, who was just preparing to sail for Europe, cared for these old heroes in gray—this wealthy old man who wanted to see the financial sheet. ’Too short a time’—yes, he said it was too short a time for anything to de velop down here. But, gentlemen of the jury, there was something start ling to develop, and it happened with in the space of 30 minutes. ‘There is nothing new in the factory to report, but there was something new in the cellar. There was something to re port, and the time wasn’t too short for it to happen. “You tell me that letter was written in the morning? Do you believe it? Why, they haven’t even tried to say that. I tell you that that letter shows on its face that something startling had happened, and I tell you that that rich uncle did not care the snap of his finger about the thin, gray line of veterans. "Ah, yes. he had wealthy relatives in Brooklyn. That’s what old Jim Coniey said he told him. And his people lived in Brooklyn, and old Jim never would have known that if Frank had not told him. And they had at least $20,000 in cool, cash in the bank; and he had a brother-in- law employing two or three people, at least, and we don’t know how many more. And If his rich uncle was not in Brooklyn, he was near there. “All right, let’s go a step farther. On April 28 he wired Adolph Mon tag at the Imperial Hotel in New York: ‘You may have read in At lanta papers of factory girl found dead Sunday morning in cellar of pencil factory.’ “Yes, gentlemen of the jury, in the cellar of the pencil factory. There’s where he placed her, and that is where he expected her to be found. And the thought of it welled up in his mind that Monday morning, April 28, before he had been arrested, and he wired Montag forestalling what he knew would certainly and surely hap pen unless the Atlanta detectives were corrupt and would suppress it. Compliments Detectives. “But, be it said to your credit, Starnes; to your credit, Campbell, and you, too, Rosser and Black, that you had the manhood and the courage to do your duty and roll the charge up to this man, protected as he wag by wealth and influence. "And notice what else he said In this telegram. Notice the credit he gives to the police: ‘The police will eventually solve it.’ And he it said to thee redlt of the Atlanta police department, they did solve it. ‘As sure my uncle I am all right in case he asks. Our company has case well in hand.’ Maybe he did think when he got that fellow’ Scott that his com pany had It well in hand. “I tell you there is an honest man— this fellow Scott. If there was a slush fund in this case—and wit nesses have said there was no such fund—this man Scott could have got ten it. Not at first, maybe, but he could have gotten it later on. But Scott knew’ his duty, and he has done it. No wonder Frank could telegraph that his company had the case well in hand, for Scott's first words could not have suited him better had he wished for them. They were, ‘The Pinkerton’s always work arm and arm with the police.’ This suited Frank well. It was just what he wanted. He wanted to know what the police thought he w’anted to know what they were going to do, and this worked well, until the chain began to tighten. “And Haas—and he is nobody’s fool —when he sa wthe trend of the case, he opened the negotiations; he gave Scott the opportunity by saying, ‘Now let us have what you get first.' “But let us* pass on from that. You ell me that letter and that telegram are not significant? That the work pn this financial sheet is no signifi cant? That Schiff’s testimony as to the w’ork on that financial sheet is not significant? “Frank himself was not satisfied. He is as smart as his lawyers, too. “He realized that he would have *o go out and beyond the evidence, be cause he knew it was all bunk; and he tried to show you that he did write the financial sheet. Frank did write that letter Saturday afternoon, and he did write that telegram Monday but he did not do any w’ork on the financial sheet after Saturday at noon. I ask you twelve men if those documents and letters don’t bear the impress of murder? "And they still cry perjury. I just thought of another case, when that man could not identify Frank’s hand writing that his own mother said was his. That was perjury, and there was perjury in the testimony of Bow er and Lee. Mrs. Carson said she ha-i w’orked there three years, and Arnold asked her a question that he would not ask a younger womafci. He asked her about seeing blood around the toilet and in the dressing rooms. She said she saw’ It there very often. Then she talked about Conley being on the fourth floor that Monday. I pinned her down to say that Frank was there at the same time. It was then that Frank leaned over and said, ‘Be a good boy, Jim,’ and Jim, remember ing his wealthy relatives in Brook lyn. and his promises of money, said, ‘Yes, sir, boss; I will.’ “Surely the officers could not suborn Conley at that time. And she Dorsey Attacks Frank s Statement “ ‘1 P- m.—Frank leaves the factory.’ 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 headquarters, 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 gentle men, for the purpose of impressing your minds, print in big letters on this chart, he left the factory 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 ha had had time to confer with his lawyer, Mr. Luther Z. Rosser.” says she never saw the blood by the water cooler; she said she didn’t look at it because she dicing like to look at things like that. But another lady on the stand says she did go back and look at it; tnat she was with her. “But back again to Conley. If ne had committed that crime and had not had Leo M. Frank and his promises back of him, would he have gone back to that factory every dav and remained there until Thursday? They said they were going to put up all the girls on the fourth floor. But they didn’t do it until we called their four-flush and put up witnesses who corroborated their witness, Miss Jack, son, about the misconduct of this man. “Miss Small, also on the fourtn flopr, corroborated Conley. She said she saw him on the fourth floor Mon day. Now, why did Frank go to the fourth floor so often Monday ar.d Tuesday? Because he knew Conley was up there, and he wanted to be sure the negro was not talking. Con ley told Miss Carson that Frank was as innocent as an angel in heaven. We said he was merely doing what he had promised to do—protect his employer. Mr. Rosser characterized the statement as a dirty suggestion It was, and I accept it, but it is true; apd you men would not sit here ano see that negro hang for a crime Leo M. Frank committed. “When Conley went up to the sec ond floor in response to Frank’s sig nal, Frank said, ‘Did you see any thing?’ and he said, 'I saw two girls come up, but there ain’t but one of them come down.’ And then Frank knew that he would have to take this negro into his confidence. Shaking his finger at Frank, Dor sey continued: “And you told old Jim Conley to protect you! And he tried to do it. It is infamous to try to have Jim Conley hanged for a crime that Leo Frank did. Gentlemen. I haven’t got to the State’s case yet; I am Just cut ting away some of the underbrush this defense has planted in this for est of oak? They have played the detectives. The only thing to the discredit of the police department is that it allowed itself to be intimi dated by the Influence of this man and his friends and his big lawyers. Didn’t Have Courage To Put Frank in Cell. “When they took him down there guilty of this red-handed murder they didn’t put him in a cell like they did Newt Lee and Jim Conley. It took time for them to get their courage up to the point of locking him up as he should have been. Old John Black —Mr. Rosser likes to brag about what he did to him—but he didn't make so much off of him after all. Black’s methods are somewhat like Mr. Rosser’s. If Black had had KYank in the position that Mr. Rosser had Jim Conley, this whole trial might have been obviated with a confes sion.” Dorsey turned and pointed at Frank. “You didn't get counsel a moment too soon. You railed for Darley and you called for Harris; you called for Rosser and Arnold, and it took them all to bolster up your nerve. Gentle men of the jury, you know I am tell ing you the truth. The only thing against the police Is that this man. who had just snuffed out the life of this little girl, was given too much consideration. His able counsel and the glamour of wealth that surround ed him, overawed the police. I had nothing to do with it, but I honor them for the way they went after Minola McKnight. I don’t know whether they want me to apologize for them or not: but do you think that In protecting the people from such crimes as this the detectives are acting like they are at a tea party? “Should they have the manners of a dancing master? If you do, you don't know anything about it. Once get an old 'possum dog on the trail, and you can’t call him off. So it is with Starnes and Blax:k; they knew Albert McKnight wouldn't have told those young men at the Beck & Gregg Hardware Company that story about his wife unless it were true. They went after Minola. They stuck to the trail. They smoked her out. Minola's friends got a writ of habeas corpus. Do you think if Mr. Haas had come to me with a writ of habeas corpus to release Frank I would have done it? I would have said it was none of my business. “The next time the police have to use strong methods in an effort to protect the people by going after a red-handed murderer, I won't usurp their authority or the authority of the judges. I haven’t anything to do with the police department, or the functions of the judges. I am re sponsible only for the office °f So licitor General for the term to which 1 was elected. I honor Mr. Charley Hill; I am as proud that I have suc ceeded him as I am that I was given this place by a vote of the people. He was honorable and strong; but I tell you gentlemen, no man is my pattern; I follow the dictates of my own conscience.” Tears Come to Dorsey’s Eyes. Mr. Dorsey raised his voice and tears came into his ©yea. “If there is one thins I am proud of during my term of office, it is that I joined hand and glove with the po lice; and when your influence (turn ing to the defense) tried to get Jim Conley indicted by the grand jury, I stood out against it If that is trea son, make the most of it. If you don’t want me to do it get somebody else. “Mr. Hill was a noble msfn. He had the courage of a Caesar and the elo quence of a. Demosthenes. I have wished a hundred times that he was here making the speech to you that 1 am making. “He would have stripped the hides off of you (pointing to the defense). Su^h talk as that doesn’t terrify me It doesn’t disturb the serenity of the conscience in everything I have done in the prosecution of this man. Let’s get back to the talk on perjury. “Don’t get up here and call every body a liar without giving the spe cific instances. Take the evidence of Mrs. Small. She said she saw Frank and Miss Rebecca Carson walking along and that she stopped Frank and had him O. K. a ticket. She said it was Miss Rebecca Carson she was with. She says that Mrs. Carson was not there at all. Mrs. Carson said she was there. Mrs. Small said she saw Conley standing up there by the elevator and that Frank must have seen him—that Frank passed within 4 feet of him. She says that Jim was doing nothing; that he was standing by the elevator with his hand on a truck. “Mrs. Small also tells us that the elevator shook the entire building. She said he couldn’t helped but hear it if the machinery was not running. She said: 'You might not hear it if the machinery was In full opera tion, if you were not paying atten tion to it, but if you listened you could hear it.’ “Now here is another thing. Mrs. Carson had already sworn positively that she never went back into the metal room to see that blood. Mrs. Small said that on Wednesday a crowd of them from the fourth floor went down out of pure curiosity to see those spots, and when I asked her who went witK her. lo and be hold the first person she mentioned was Mrs. Carson. She said she was sure she was there; sh e knew she was there. And when I asked w r hy they went there, and why Mrs. Car- son went there particularly, she said ‘Curiosity sent us.’ Somebody Has Lied, Dorsey Asserts. “Now, gentlemen of the jury, some body, and I put it up to you, has lied. If this case is founded on perjury, it has been boiled until the pot is black. “The truth la there has not been a single instance where evidence was needed that someone has not come in to bolster It up. “Now’, let’s pass on a little bit. I want to discuss briefly the writing of these letters found beside the body of the girl. If these letter?’ w*ere not the order of an overruling Providence, I would agree that they were the silliest things I ever heard of. But, gentle men of the jury, these note® bear an intsinsic knowledge of this crime. '‘This man Frank, by the language of these notes, in attempting to fix the guilt upon another, has Indelibly fix^d it unon himself.” The Solicitor repeated this stat>- ment. “The pad, the caper the notes w’ere written upon; the fact that there was a note fixed the* guilt upon him. Tell me that a negro who, after having killed a w’hite girl, ravished and out raged her, would have taken the time to have written these notes? And even if he did write them, would e have written them u^on a scratch pad which is found only in an office? “You tell me that a man like Jim Conley w'ould have ravished this girl with the knowledge that Frank was in the house? You tell me that this Jim Conley, even though he has been as drunk as a sot could be. would have taken the time to write these notes? “I tell you, gentlemen of the Jury, it can not be true. “You say that the fact those notes were written was foolish. It was fool ish, but It was a mistake. Murder is a mistake. What man ever commit ted murder who did not make a mis take? And what man making the greatest* mistake in the world wou*d not make a lesser mistake in trying to cover up? Those notes were the lesser mistake. “Scott said that w’hen Leo M. Frank talked to him about the girl coming to the factory and asking him about the metal that he said. ‘I don’t know.’ And now’ he says that he told her, ‘No.’ Arnold recognized the damage in the statement ‘I don’t know’ get ting In. “Language of Notes Clears Conley.” “Leo Frank said in his statement again and again ‘chatting’ and ’chat.’ Conley said that when Frank told him he wanted to watch for him that Frank said he wanted to have *. ‘chat.’ Jim Conley said hefe time and again, ‘I have done it,’ but in the notes found near the body he said, ''did it.’ Do you tell me that negro would have written the Word ‘did* unless It was dictated to him? “Do you tell me that negro wouM have taken the time to carry that girl away back there and hide her body if he had knocked her down the hole, and then stopped to write those notes? “No,” shouted Dorsey, turning to Frank, “that child was murdered on the second floor and you wanted ».o get her into the cellar, Just like you found her in the cellar, as you said in that telegram to Montag. “Conley said once in his statement that when he met a man on the street that he knew, the man looked at him he though he though ‘I done it.’ Con ley used that expression at least twenty times. He said I done it’ w’hen he closed the door, and in sev eral other places I can’t find just now. He didn’t use the word ‘did’ one time. “In the first note, the expression ‘I went to make w’ater and that long tall black negro pushed me down the hole.’ You knew that toilet was back there on the second floor (addressing Frank), and you knew that was where that little girl met her death. And you knew that metal room was right back there, too. “You tell me that negro would have written those words. Where was it she was going to make W’ater on the first floor? Yet you tell me there is nothing in circumstantial evidence when these things creep in. "When you wrote this note (turning to Frank), you said yourself that you had the original of the note before you, and you said yourself that you knew Conley could w r rlte because he had written you time and time again, trying to borrow^ money, and yet you sat there with the original of that note before you and Conley’s own handwriting, the handwriting you had seen often enough to be familiar with it, and you didn’t tell those offi cers that Conley wrote the notes. “‘I don’t want you to convict this man unless you believe him guilty beyond a reasonable doubt, but I don’t want you to let your verdict be governed by the opinion of a crank, but by the facts. "Arnold and Rosser would say fre quently, ‘Are you going to convict this man on that, on this?’—select ing some little isolated point. Chain Strong Enough To Hang Anybody. “"Well, I don’t want you to, but on all the facts—the chain that is un broken and not by isolated instances, and I say that W’hen you take them all together you have a cable that ought to hang anybody. “I don’t ask that he be convicted on this isolated instance or that, but all bound together make a cable that Is as strong as is possible for the in genuity of man to make. “I don’t know’ whether the state ment of Frank’s will rank along with that statement of the celebrated pervert Oscar Wilde, or not. He is brilliant. If you take his statement and Just follow it you never w’ould convict him. You never would con vict anyone that way. But listen to this: ‘I sat in my office counting over the money that had been left over,’ ’’ Dorsey read from Frank’s statement. “He wasn’t talking about the petty cash,” Dorsey continued. “He was talking about the money that had been left over from the payroll of $1,100. We don’t know to this day how* much that was. We don’t know’ how* big a roll it could have made, though Jim Conley said he saw* a roil of $200. “And he was trying to get old Jim to go down into the basement and burn the body of that little girl. Just as sure as the smoke curled from that stack toward the heavens, old Jim w’ould have been there without a shadow’ of a defense. Frank would , have been there with the detectives. Jim w’ould have hanged for h crime that this man committed in his lust. "But old Jim was too wise. He wrote the notes, but, drunk or sober he wouldn’t be entrapped like that. I do not doubt that when Frank hand ed him that roll of money It was like the kiss of Judas Iscariot when he kissed the Saviour, and then betrayed Him for 8ft pieces of silver. “I am going to show you that this man had long planned not murder, but to get this little g'.rl to yield to his lust. Let me do It now’. "Back yonder in March this little Turner boy saw him making ad vances to Marv Phagan. Did that innocent little boy from the country lie? This little girl that came here from the Home of the Good Shepherd, she heard Frank speak to Mary Pha gan and put his hands on her She mav have lost her virtue, but she is nothing but a child. Did she lie, thD little girl? Quotes From Same Poem as Rosser. “Then ther© Is Gantt. He quit the factory rather than make good a dol lar that was charged he was short. Did he lie about Frank’s inquiring of the little girl? Yesterday Mr. Rosser quoted from a poem of Bobbie Burns, the line was, ‘ ’Tis human to step aside.’ I want to quote a line from that same poem, ‘There is no telling w’hat a man will do when he has the lassie.' “When convenience Is snug, I tell you gentlemen, there is no telling w’hat a pervert*will do when goaded by his passion. You tell me this bril liant young man, w*ho looked over that payroll 52 times a year, saw* the name of Mary Phagan every time, then when she was dead had to get his books to find out her name? He coveted that little girl way back in March. I have no doubt those little girls swore the truth w’hen they said they saw - him making advances. I would not be surprised if he did not hang around and try to eet her to yield. I w’ould not be surprised If he didn’t get Gantt out of the way be cause he was an obstacle to his scheme. “He knew the dav before she w*as probably coming. He w - ent and told old Jim Conley, who had watched for you so many Saturday afternoons while you and Schiff were making up that finance sheet. When Helen Fer guson came and asked for Mary Pha gan’® money, 1 wouldn’t be surprise! if he did not refuse to give it to her because he had already told old Jim to come and w’atch. “Frank’s pl$ns were fixed. Ah. gen tlemen, then Saturday comes, and It is a reasonable tale that old Jim tells. He says, ‘I done it Just like this.’ He doesn’t say, ‘I did.’ He says he ‘dona- it’ Just a® the brilliant factory super intendent told him to. This thing passion works in a terrible way. Good people don’t know how the mind f a libertine works. They don’t know of the planning, plotting and waiting. Way back in March Frank had his eyes upon her. He was infatuated with her and did not have the will* power to resist. "You can twist and wabble all you W’ant (Dorsey turned to Frank and shook his finger at him), but you told Detective Scott that you did not know her. Notwithstanding what you have said hefe, notwithstanding w'hat your witnesses have, said, you knew her. “And tell me, gentlemen of the Jury, has this little Ferguson *-i r l lied? Has she been suborned by Starnes? Has she come here and de liberately perjured herself? I tell you that Is a charge that can not stand. His refusal to give Helen Ferguson Mary Phagan’s envelope is an Indica tion that he was plotting And old Jim Conley's tale will stand, for Frank himself corroborates Coniey In many things. "Frank shows that he did the things that Conley said he did. Frank says that he stopped at Cruikshank’s ®oda fountain and bought some drinks. This is Just as Conley said he did. Another thing, Frank said he had a folder that he took some papers out of. Old Jim said he did that. Mr. Graham said he talked to Jim Conley downstairs. They have tried to get around it on the color proposition. They have tried to make it appear that the negro Graham talked to had a different color. But four months in Jail will cnange any man's color. “Conley said he was there and Gra ham said he saw him, and Graham said he wasn’t drunk, either. I tell you that if Frank was not on closer terms with his employees than he sail he was, Conley could never have picked up his word® as he has. “And in four instances in his own statement Frank used the exact words that Jim said he spoke. “And then In reference to the girl. Frank said that after gazing upon the body of the dead girl and looking upon the pay roll that she was ‘the one whom I afterward found out »o be the girl I had paid off Saturday.' “But, gentlemen of the Jury, Mary Phagan never drew her pay. Wehn Mrs. White came up to Frank’s office, she tells us that he was standing by the safe; that he Jumped w’hen he saw’ her. Gentlemen of the Jury, he was at the safe then arranging that pay roll and getting little Mary's pay. And when Mrs. White went down stairs she saw* Jim Conley, showing that the negro had nothing to do with it. "The first time Mrs. White came Frank sent upstairs for her husband. When she came back this time he sent her upstairs. But then came the thought that he must get her out of there. ‘‘Knowing these men had their lunches with them, he knew they would remain upon that upper floor for a long while. But he didn’t know what time Mrs. White was coming down. Then it was he determined to get her out. He went upstairs and made out like he was in a great hur ry. And said that she had better leave then or he would have to lock them in. She went down and out. But instead of Frank going out, she tells u® that he did not have on his coat and hat; that he went back to his office and pat down to his desk. Killed Her to Save Reputation. "They talk about there not being much blood there. There are two reasons for this. One is that the blow upon her head did not cause much blood to spatter, but at that time and then old Jim Conley wrapped her body up. ‘‘Yes, and after striking that lick upon the head, he gagged her. Then (shaking his Anger at Frank), then In order to nave your reputation, not to save your character for you never had any, vou gagged and killed her— in order to save your reputation with the Montags, the Haas’, Rabbi Marx, the Bnai B’rith, your relatives in Brooklyn and Athens, you killed her to get her out of the way. "You killed her because dead people tell no tales. Dead people do not talk. And you talk about George Kenley saying on the car that he would be one to lead a riot. And you (ad dressing Arnold) talk about annihi lating that fellow Kenley with the pawnbroker. "Why, if that little girl had lived to tell of that brutal assault, 1,000 people would have stormed the Jail and run over men like you. “You made a proposal to that girl (addressing Frank) and she would not yield. Your passion was such that it aroused your anger. You struck her a vicious, cruel blow, knocked her down, and she w*as unconscious. Then you gagged her and went to get the cord that strangled her. "You never gave the little girl her pay envelope. Sh© never got it. That was what you were doing at that safe when Mrs White came In, and you jumped. You got It out of there your self, and I wouldn’t be surprised if Jim Conley hadn’t told the whole truth and that your knowledge and possession of that pay envelope kept it from being produced here. “You got Mrs. White out of that building because you couldn't do what you wanted to with her in there. You were in an awful hurry for her to leave, you were. And then you lock ed those people up on the fourth floor and had Conley to take her down stairs. “I ask you, gentlemen of the Ju,ry (holding up the bloody garments of Mary Phagan) to look at the blood of this ravished girl. The blood that was spilled because she would not give up what was dearer to her than her life—her virtue.” At this Juncture, Mrs. J. W. Cole* man, mother of the Phagan girl, broke down, and following an outburst of tears, collapsed. Mrs. Leo Frank af fected by the scene, leaned her head on the defendant’s shoulders and cried also. “Markless Body of No Consequence.” Dorsey did not cease talking during the several minutes required to quiet the two women. “You ravished her and then able counsel mid you never had any marks on your body. Durant never had any on hi®, and they tried to make It ap pear that the blood found back there was not the life blood of that inno cent little girl. “Was there ever any fare© so fool ish? Jim Conley tells you that was the spot where he dropped her head so hard. And where Frank came and took her by the feet and helped carry her out. Every person who saw It bore out the statement that it dripped. There was one big spot and lots of little one® around it. “Gentlemen, If human testimony is worth anything, that spot was blood, not paint. Starnes aaid. ‘Chief Beav ers saw it.’ And Starnes saw more blood on a nail near the elevator. Barrett, call him Christopher Colum bus If you will (he works at the pen cil factory), had the manhood to stand up and tell the truth. He dis covered the blood and found the hail identified by a little girl, as I remem ber, as Mary Phagan’s hair before there was any chance to offer a re ward. “It was only Monday morning and these honorable lawyer® know that no official had had a chance to offer a reward. Contrast Min with old man Holloway. He perjured himself even to get this guilty man acquitted or to convict Jim Conley, whom he called his negro, and get the reward. “Barrett stands out as an oasis in a mighty desert. He told the truth when his Job was at stake. And you know* it. “If any man deserves a reward, It Is this poor man who had the cour age to stand up and tell the truth when the source of his meat and bread was at stake. And if any re ward Is given, I hope that he rets it. He didn't wait to make his dis coveries until May 15. They haven’t any semblance of being a plant. They are substantiated by four or five w’itnesses. But you could wdpe him out of the case, and you would still have abundant evidence. Quotes Defense To Prove Blood. “Mrs. Jefferson saw that blood. Stanford saw that blood. This white substance that was over it, Stanford testifies, looked like it had been swept over with a coarse broom. Blood cov ered w’lth haskoline on the second floor. Conley saw* Mary Phagan go up and she didn’t come down. Is any thing clearer? Sometimes you have to go into the enemy’s camp to get ammunition. Dr. Connally could tell you about that and Sheriff Mangum knows about it, too. It’s a danger ous practice, but we went into the enemy’s camp in this case. We asked Mr. Darley about that blood and Frank’s nervousness. We had his affidavit, but we-knew that tjie stress of the case was great. “His testimony proves that there was blood on the second floor. And he declared that Frank was more nervous than he ever had been in his life before, except once when he saw a little child run over by a street car and once when he had a row wkh his boss. “To cap it all. Mel Stanford says that he swept the floor and it wasn't there Friday. Dr. Claude Smith, City Bacteriologist, said that he analyzed it and found that it was blood. “Perjury? We come to that evi dence where Charley Lee swore that Duffey stood there on that second floor and let the blood drip from his injured fingers. Duffey says it wasn’t so. We called on you for Lee’s writ ten statement of the accident.” (Dor sey turned to the lawyers for the de fense as h© said this.) “You couldn’t produce it. Harry Scott didn’t per form right, no they went out and got some new Richmond®. Where is Pierce? Echo answer, ‘"Where?’ "Where is Whitfield? Echo an swers. ‘Where?’ “They bring up this man McWorth. He found blood spots, a club and a part of a pay envelope. The factory had been searched by detectives and employees. No one had found any thing.‘Before these things were found on May 15. wouldn’t the employees have been glad to have reported euch i evidence if it had been there? Con ley had been arrested anrt suspicion was not strong enough against him. Confronted with desperation, this man McWorth, after searching the factory all day, found the stick, the envelope and the seven big blood spots about 3 o’clock on the first floor near the front door. “He found too much. Is there any man on this jury who believes that those blood spots and other things could have been there so long—so all in keeping with th© plant of the shirt at Newt Lee’s house—and the officers not have found them? “I don’t care how badly you get John Black mixed up. There’s Boots Rogers and Darley himself who say that when Frank took the time slips out of the clock at the factory that Sunday morning, he said that all the punches were made and that Newt Lee hadn’t had time to go home and change his clothes. Reason for Frank To Make Statement. "There was a reason for his mak ing that statement—this brilliant young man with the keen perception, this Cornell graduate, this shrewd factory superintendent. Lanford and the detectives were with him. If aft er examining that slip he had said Newt Lee could have had time to go home, the detectives would have ex amined the slip and Frank would have been caught. "No; this shrewd man waits until Monday afternoon. There was not enough evidence against Newt Lee. After a conference with his astute counsel, Herbert Haas, he asked them to search his house. And at the same time he suddenly tells John Black that Newt Lee had time to go home thenight of the murder. He points out misses in the time slip. Newt Lee's house had never been searched, because Frank had said he had no chance to go home. But with this new information from Frank, Black goes out and finds the planted shirt.” Holding up the shirt, he said: "This shirt was planted. It was planted th© same as the stick—the same as the envelope—the same as the spots. “The man who planted this shirt did his work too welk He got a shirt, all right, that had the odor of blood on it, but it didnt’ have the odor of the negro in the armpits, and that odor would have been there if he had worn it. And he smeared the blood on both sides. It w as not on one side, as it would have been had the shirt Indicated what the defense wished it to indicate, as anyone with common sense would know, had the girl’s bleeding form rested against his breast. The evidence showed you that the shirt had as much blood on the inside of the back as on the outside of the front. “Can any man with common sense believe that that blood got on that shir© with any other Intent than to fix the guilt upon old Newt Lee? But old Newt Lee is honest. He didn’t deny the shirt, yet he didn’t say It was his. But let us pass on from this. I think everyone understands it was a plant, Says Pay Envelope Was a “Plant.” “Now, about the envelope found by the scuttlehole. On thi® evidence can you believe that it was other than a plant? Can you really believe that this envelope and this shirt w’ere oth er than a plot of Frank to turn the finger of suspicion on someone else. “Gentlemen, can you get away from it? I say you can not. "Now, as to this Minola McKnight business. Isn’t If strange that her husband would go up and tell this tale unless there was some truth in it? Now, Minola swore to it; then she carne up here and said It was a lie. But, gentlemen, her statement w'as corroborated, In part, by the Se- ligs. Mrs. Selig told you about giving her $5 and telling her to bring back the change, and of Mrs. Frank giving Minola a hat. "Do you belieev that Albert lied when he said that Frank went to the mirror in the sideboard? Don’t you know’ that it was natural that after Frank had committed this horrible crime that he wanted to look into that mirror and see how he looked, to know* the appearance he wag making to other people. They tried to mix old Albert up on the stand, but they didn’t do It. He said that Frank didn't eat any dinner, and -when they asked him how he w*as aw’are of this fact, he said knew it. "This was the tale that Albert told, and Minola went down to the police station and in the presence of the of ficers and her own attorney made a statement that it was true. And if there had not been some semblance of the truth in it, don’t you know, gentlemen of the jury, that she would never have signed that statement? Why, there was her attorney, George Gordon, and he Is not worthy of the office of attorney if he didn’t tell her that unless it was the absolute truth she should not sign It. “If he is the honest man that he 1® said to be, then he told her that. He knew that they could not hold her there. He knew he could get her out by a writ of habeas corpus in two hours. "Then they go out and bring in Juliu® Fisher and a photographer, and try to break down old Albert’s evi dence. They couldn’t do it. Albert says the sideboard has been moved, and Mrs. Selig admitted that it had been moved ©very time they swept, and then moved back Into place. They tried to make Albert stand where he could not see into the din ing room, but he stood there, not w’here they tried to put him. but in a place where it was plainly shown to you that he could see into the dining room and through the mirror into th-a sitting room aa well. "They tried to trap him by asking if he could see into the entire dining room. But he showed that he was telling the truth when he said he could not. Gentlemen of the Jury, can you tell me that Albert lied? Can you tell me that Craven and Pickett, the two employees of Beck & Gregg, to whom Albert told this story, have lied? Can you tell me that George Gordon has lied? I tell you that the reason Minola made that affidavit is because it was th© embodiment of the truth. Dorsey, Exhausted, Asks a Recess. "As unprejudiced and honest men, the world who can get up a plan to you know it. If there is anybody in overhear th© conversation of the folks in the dining room it is the ne gro, and we all know* it. They tried to make old Albert lie, but they couldn’t do it. ^he reason is that Albert told you th© exact truth.” At this point Mr. Dorsey turned to Judge Roan and asked him if he would declare a recess. Judg© Roan replied that he desired very much to have the argument concluded and to charge the Jury before adjourning. Mr. Dorsey replied that he was ex hausted. and would like to conclude his argument this afternoon. Judge Roan asked how long it would take to conclude, and Dorsey said he did not know, that he had several points to take up yet, and that he thought he was entitled to as much time as h© wanted. At this point Attorney Arnold walked over to Judge Roan and they held a whispered consultation. Dor sey was called over and consulted with them for a moment. Judge Roan then explained that his only idea In desiring to know the length of time before Mr. Dorsey would close was out of regard for the jury, without stating his reason. He said he thought it was best, consid ering everything, that the case be adjourned until Monday. New Lobby Charge Against M'Dermott WASHINGTON, Aug. 23.—An ad ditional charge against Representa tive McDermott, of Illinois, was made before the House Lobby Committee to-day when M. M. Mulhall testified that McDermott claimed to have re ceived $2,000 from the brewery in terests for “certain work done in Washington." Mulhall said this admission was made to him by McDermott during the 1912 campaign, at which time Mulhall was aiding McDermott to re- election. R. 0. Cochran Opens Senate Campaign Ralph O. Cochran fired the opening gun in hi® campaign for the Senate against Hoke Smith in a speech de livered at noon Saturday in Rabun County. Mr. Cochran delivered a plain, businesslike address and w*as well re ceived by a large audience. The full text of the address will ap pear in The Sunday American. DINING CARS WITH A’LA CARTE SERVICE IfpgRfj | TO CINCINNATI & LOUISVILLE MjMM