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HEARST’S SUNDAY AMERICAN, ATLANTA, 0A„ SUNDAY, AUGUST 24. 1912.
DEATH PENALTY DEMANDED FOR LEO M. FRANK
Both Sides Make Strong Charges of Perjured Evidence During the Trial
SOLICITOR DORSEY CHARGED:
I have never seen a case yet where women were so suborned as In this. Take
this woman Fleming, his stenographer. 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.
She testified that Frank’s business Saturday morning was to make out
the financial sheet. Mr. Arnold said immediately he didn’t have time and she
jumped at it like a duck at a June bug.
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.
And here, gentlemen, right before your very eyes, in black and white,
the testimony of this woman, Fleming, shows that they perjured her.
They brought in that machinist Lee. He was willing to swear to any
thing and there was not a man in the sound of his voice that, didn’t know he
was telling an untruth.
Perjury? We came to that evidence where Charley Lee swore that
Duffey stood there on that second floor and let the blood drip from his in
jured fingers. Duffey says it wasn’t so. We called on you for Lee’s written
statement of the accident. (Dorsey turned to the lawyers for the defense as he
said this.) “You couldn’t produce it.
Now, gentlemen of the jury, somebody, 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 is, there has not been a single instance where evidence was
needed that someone has not come in to bolster it up.—From the closing speech
of Solicitor Dorsey.
ATTORNEY ARNOLD CHARGED:
They got their miserable perjurer, Conley, to come up here and swear a
man's life away. The lying creature was brought in to tell his false story, to
recite parrot-like the tale in which he had been so well drilled.
They brought up the dregs of humanity to testify against this man. They
brouhgt up jailbirds and convicts to hang him. I am going to show that
there was never such a “frame-up” since the world began.
Gentlemen of the jury, I suppose there never was before in criminal annals
another such an instance as this, an instance where the lies of an ignorant but
smooth negro are taken by the officers of the law and used as evidence to
place in jeopardy the life of an innocent man.
Gentlemen, the tracks of perjury in this case are as clear and as big as
elephant tracks. They stand out like buildings.—From Reuben Arnold’s ad
dress to the jury.
E
Facing Frank, Solicitor Dorsey Recites Theory of Crime
*!•••!• +•+ *$*• v *;*••]* +•+ +•+ +•+ +•+ +•+ +•+
GREAT CLOSING SPEECH Horrible Plot Was Laid in March, the Prosecutor Asserts
Continued from Page 1.
ably the only person in the courtroom who did not feel the inten
sity and the grim determination behind each sentence and each ac
cusation that came from the lips of the State’s representative.
So overcome at Dorsey’s blunt and grewsome description of
the torturous manner in which the pretty little factory girl had
been attacked and strangled to death was Mrs. J. W. Coleman,
mother of Mary Phagan, that she collapsed utterly and wept.
Frank's young wife was affected by the scene and she laid her
head upon the shoulder of her accused husband and cried for sev
eral minutes.
The very manner in which Frank
had borne himself during the long
trial was used by the Solicitor against
him. Such remarkable nerve and
effrontery he declared he never had
witnessed before in a court of Justice.
Dorsey thought it merely was one of
the outcropping characteristics of the
defendant’s perverted moral and in
tellectual nature. He compared him
to the brilliant Wilde, whose effron
tery and insouciance in the midst of
charges of unspeakable conduct was
a mater of world-wide knowledge.
When he was interrupted by ad
journment, the Solicitor was far from
the end of his argument. lie had
taken longer than he expected. He
had paused longer on certain aspects
of the cast than he had inteded. It
seemed probable that he would re
quire most of Monday forenoon to
conclude his address.
Scoffs at Frank’s Alibi.
Attacking the main points of
Frank's defense, he came out boldly
with the declaration that Frank’s
alibi was no alibi at all. He said
that the whole of Frank’s alibi prac
tically hinged on the testimony of
Miss Helen Curran, of No. 160 Ashby
street, who had testified that she saw
ih$ young factory superintendent
waiting for his car at Whitehall and
Alabama streets Saturday afternoon
at 1:10 o’clock.
At this point Dorsey dramatically
brought forth the statement of Frank
which he had made on the first day
that he was detained at police head
quarters.
"Listen to this,” he said shaking the
paper before the eyes of the Jurymen.
Then he quoted from Frank's state
ment which read:
i didn’t lock the door that morn
ing. The mail was coming up. 1
locked it when I left for lunch at
1:10.”
Make* Charge of Perjury.
‘“There goes your alibi," said the
Solicitor. ”lt was punctured by your
own statement made before you real
ised the importance of the time ele
ment."
Dorsey characterized as perjuries
the statement of the Curran girl, that
of Miss Fleming, a former stenogra
pher; that of K. F. Holloway, day
watchman, and that of Charley Lee.
Masterpiece of Invective Reaches
Height Just Before Exhaustion
Compels Recess.
He threw the suspicion of wrong
doing upon the character of the young
woman. Miss Sarah Barnes, who dra
matically had expressed her convic
tion of Frank’s innocence on the stand
and had declared her willingness to
lie in his place. The Solicitor over
looked nothing pending to point the
hand of guilt toward I*eo Frank.
Dorsey mentioned time and again
the fact that the defense had failed
to cross-examine the State’s charac
ter witnesses. He said that he had
dared them to do it, and that they
had been afraid of the disclosures
that would ensue.
Asserts Shirt W«s “Plant."
He charged that the bloody shirt at
Newt Lee’s house, the pay envelope,
the rope and the club on the first floor
of the factroy were plants.
He said that Frank's statement In a
letter to his unable, written the aft
ernoon of the crime, that "nothing
startling had happened," while In
tended to be self-serving, was In real
ity self-accusing.
Referring to the notes found by the
girl’s body, he called attention to the
use of the word “did." He said that
Conley always said "done," and that
If "did" was used In the notes they
must have been dictated by someone
else.
He added that the reference in the
notes to the toilet on the second floor
was a strong indication that the mur
der had been committed there.
The Solicitor charged that Frank
had been endeavoring to force his at
tentions upon the Phagan girl for
weeks and that his advances culmi
nated in the brutal attack of Memo
rial Day.
Gives His Theory of Crime.
Resisted again. Frank, in brutish
fury, struck donw the girl, accom
plished his purpose, and then, realiz
ing his position, sought to escape
being identified with the attack by
winding a rope about the girl’s neck
and strangling her to death, accord
ing to the graphic words of the pros
ecutor.
As the hour passed noon, the Solic
itor begnn to show signs of fatigue.
His spirit was as indomitable and
fiery as ever, but his features grew a
hit haggard, and the weeks of tire
less work on the case began to dis
play themselves more plainly on his
face.
At 1:30 he asked if there might not
be a recess, as be was about ex
hausted. There was a side bar con
ference between the attorneys foi
both sides, and Judge Hoan an
nounced that adjournment would
taken until Monday.
It was thought likely that Dorsey
would finish about noon. The Judge’s
charge probably will occupy an hour
or more, and then the case will go
into the hands of the twelve Jurors.
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No more stirringly denunciatory
speech ever has been delivered in a
Georgia Criminal Court, than that
left uncompleted by Solicitor Hugh
M Dorsey Saturday.
While there wan hardly a sentence
that was not filled with accusations
of murderand other crimes, the phi
lippic reached its height in the few
minutes just preceding adjournment.
Facing Frank, then Frank’s attor
neys and then the Impassive jury
men, Dorsey poured a torrent of in
vective and hideous charges. In most
graphic words he outlined a grew
some tragedy, a tragedy which he
charged took place in the National
Pencil Factory exactly as he por
trayed It. He said:
Attacks Alibi Put
In Evidence by Defense.
“Gentlemen, you have an opportuni
ty that comes to few men. Measure
up to it. Will you do It? If not, let
your conscience say why not.
“But you say you’ve got an alibi.
Let’s examine that proposition. Here’s
an authority: ‘An alibi as a defense
involves the impossibility of the pris
oner's presence at the seen® 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
res,ts 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 *s
worse than useless. It Is no defense
at all.
"I want to give you the definition
of an old darky of an alibi. It Illus
trates my point. Rastus asked old
Sam, *What is this hyar alibi I hear so
much about?’ Old Sam says, ‘An alibi
Is proviti* 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.
" ’One p. m.—Frank leaves the fac-
wall. That statement is refuted by
the defendant himself when he didn't
realize the Importance of this time
proposition.
Says Frank Never
Made an Omission.
"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 1 started
home to lunch at 1:10 o’clock
"Up goes yoqr alibi punctured by
your own statement when you didn't
realize Us importance. Yet these
honorable gentlemen for the purpose
Of impressing your minds print in big
letters on this chart he left the fac
tory at 1 o’clock. If he swore when
he was on the stand the other day
that he left the factory at 1 o’clock
it was because he saw the importance
of this time point and had to leave
there ten minutes earlier than he said
he had at the police station before he
had had time to confer with his law
yer. Mr. Luther Z. Rosser.
"I quote: 'I left at 1:10.’ Right
here let me Interpolate. This man
never made an omission from the be
j 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 1U 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 1 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.
Regrets Curran Girl's
Entrance Into Case.
“The saddest thing In this case—1
don’t know who caused it, I don’t
know who Introduced it, and I hope I
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will go to my grave without ever
I learning who brought this little Cur
ran girl into this case—the saddest
j thing in this case Is bringing in this
little girl who is connected with Mon-
tan's and placing her upon the stand
| here to protect this red-Jianded mur-
i 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
Mont&ffs—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
I why and how she was brought here,
then 1 am unable to understand your
mental operations.
"If Frank locked that ^oor at 1:10,
how could she have seen him at Ala
bama aiid Whitehall street al 1:10?
DORSEY MOVES SPECTATORS TO TEARS
T HE greatest sensation in the trial of Leo M. Frank—a trial unparalleled in the history of
the South—has, according to many observers, been the brilliant work of Solicitor Hugh
M. Dorsey. And the climax of the Solicitor’s remarkable work was unquestionably his closing ad
dress.
Under its eloquent pathos the mother of Mary Phagan collapsed utterly and the wife'of Frank
sobbed at her accused husband’s side. Thrilled by its fire a tense audience devoured every word
in awesome silence, many with tear-dimmed eyes. Stirred by its brilliance, a worn-out jury
leaned forward in rapt attention. Dorsey’s speech made court history.
And Leo M. Frank, cool, confident, stoical, listened, unblinking and unflinching!
How could she be so positive that it
was him, if she really saw anyone
there? For, mark you. she had never
seert 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.
Quotes Daniel Webster
In Famous Knott Case.
"On this time proposition, I want
to read you this. It made a wonder
ful iflipression 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. ‘Tlm e 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 1 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 arrivod at 8:30,
and poor Jim Conley, lousy, filthy and
dirty, said he arrived at 8:30, carry
ing a raincoat, and they tried to make
it appear he didn’t have one. If the
truth is ever known, he tried to bor
row that raincoat of Ursenbach’s to
create the same impression.
"Mattie Smith at 9:20 (quoting
from the table), and Frank and Mat-
tie Smith both say 9:30. He called
Schiff at 10 o’clock (reading again),
and yet this man with all his mathe
matical precision and accuracy at
figures, said he was at Montag's at 10
o’clock. They say he arrived back at
11 o’clock, but In his first statement
he Mid 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!
Contrasts Evidence
With Printed Chart.
"But to crown it all! In the table
which Is now turned to the well 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'cloci.”
“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 »w Quinn.
“In the name of goodness, if Frank,
according to his own statement, could
leave the factory at 1:10 o'clock and
get home at 1:20, couldn't nese 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 rase than their straining
at this particular point, with the ex
ception of Billy Owens' pantomime.
And, oh. what a farce that was!
“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 12:20 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—
*H“ 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 wtll
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 thy 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
Flank.”
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 b^r
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 anxleti-’ to put her neck
Into the noose to save him were bo**n
of something besides platonic love. ,
“ Something More Than
Platanic Love Here.”
“When you see a woman so pas
sionately devoted to her employer—
so anxious to di~ for him—you may
know and you can gamble on It that
there is somethin'- stronger there than
platonic love. It must be a passion
born of something beyond the relation
which should exist between a married
man—an employer—and his woman
employee.
“Ah, gentlemen of the jury, we
could have got witness after witness
who would have ''one 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.x 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 ‘.o
the office of Arnold & Arnold. Be
fore dinner he could remember earn
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 Chell preacher down
in South Georgia who h . 1.1s 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 wa.iher.
Boy Must Have
Overdone It.”
“It rained and it rained until they
had more water than they kn?w 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 over
done It.’
“And, after dinner, this little boy
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 felling 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 And
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 nvhen
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.
"Conley Too Wise
To Walk Into Trap.”
“Frank tried to get old Jim Conley
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
would have been there without a
shadow of a defense. Frank would
have been there with the detectives.
Jim would have hanged for a crime
that this man committed In his lu^’t.
“But old Jim was too wise. He
wrote the notes, but, drunk or sober,
ne 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 30 pieces of silver.
"I am going to show you that this
man had long planned not murder,
but to get this little girl to yield to
his lust. Let me do it now.
"Back yonder in March this little
Turner boy saw him making ad
vances to Mary 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 saw him put his hands on
her. She may have lost her virtue.
but she is -nothing but a child. Did
she lie, this little girl?
Quotes Same Burns
Poem Rosser Alluded To.
“Then there is Gantt. He quit the
factory rather than mane good a dol
lar that It 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, ‘ ’Tls human to step
aside.’ I want to quote a line from
that same poem, There is no telling
what a man will do when he has the
lassie.’
“When convenience is snug, I tell
you gentlemen, there is no telling
what a pervert will do when goaded
by his passion. You tell me this bril
liant young man, who 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 when they said
they saw him making advances. I
would not be surprised If he did not
hang around and try to get her to
yield. I would not be surprised if he
didn’t get Gantt out of the way be
cause* he was an obe.dole to' his
scheme.”
Turns to Frank and
Says, “You Laid Plot.”
Dorsey turned toward Frank now
and hurled the charges at him. "You
knew the day before she was proba
bly coming,” he said. You went and
told old Jim Conley w ho had watched
for you so many Saturday afternoons
whlie you and Schiff were making up
that finance sheet. When Helen Fer
guson came and asked for Mary Pha-
gan's money, 1 wouldn't be surprised
if you did not refuse to give it to her
because you had already told old Jim
to come and watch.
"Frank’s plans 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 ‘done
It’ just as 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
flower to resist.
“You can twist and wabble all you
want (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 here, notwithstanding what your
witnesses have said, you knew her.
Says Prisoner Himself
Corroborates Jim Conley.
“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 Conley In
many things.
“FTank shows that he did the things
that Conley said he did. Frank says
that he stopped at Cruikshank’s soda
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.
"I tell you that if Frank was not on
closer terms with his employees, than
he said he was. Conley could never
save picked his words an 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 to
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 when 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.
Believes Scheme Hatched
To Hurry Mrs. White Away.
"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 nad better
leave then or he would have to lock
them in. She went down' and out.
But instead of Frank going out, she
tells U9 that he did not have on his
coat and hat; that he went back to
his office and sat down to his desk.
"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 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 *ave your reputation, not to
save your character for you never
had any, you 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.
“Killed Her Because
Dead Tell No Tales. ’ ’
"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.
“Y'ou made a proposal to that girl
(addressing Frank) and she would
Hot yield. Y r our passion was such that
it aroused your anger. You struck
her a vicious, cruel blow, knocked her
down, and she was unconscious. Then
you gagged her and went to get the
cord that strangled her.
“You never gave the little girl her
pay envelope. Sh e 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.
Holds Up Victim’s
Garments to Jury.
“I ask you, gentlemen of the Jury
(holding up the bloody garments ol
Mary Phagan), to look at the blood
of this ravished girl. The blood that
was spilled because she would net
give up what was dearer to her than
her life—her virtue.
“You ravished her and then able
counsel said you never had any marks
on your body. Durant never had any
on his, 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 farce 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 ones around it.
“Gentlemen, if human testimony is
worth anything, that spot was blood,
not paint.”
Newt Lee’s Shirt
urandea as “Riant.”
The Solicitor did not mince words
In branding as "plants, pure and
simple,” the bloody shirt found at
Newt Lee’s, the envelope, the rope
and the club found on the first floor
of the factor> r . He made Frank or
Tr **' nn1 c friends and relatives re
sponsible for them. On every move-
i.i.ui ot Frank or his friends after
the crime the Solicitor threw a sin
ister interpretation.
He scouted the idea that the club,
the pay envelope and the rope could
have remained on the first floor with
out discovery from the time of the
crime until May 15, when they were
turned up by McWorth, Pinkerton
operative, particularly in view of the
fact that search was made imme
diately after the murder by city de
tectives and by employees of the fac
tory.
He held up the bloody shirt to th*
Jurors and told them that it was
stained on the outside in one place
and on the inside in another, some
thing that never could have occurred
if Lee had carried the bleeding form
of the little girl from the first or
second floor Into the basement. He
charged that the shirt never had
been worn; that it did not have tho
distinctive negro odor, and that the
button holes had not even been
opened since it had been launder?d.
From this h© argued that Lee never
could have worn the shirt and plant
ed the body.
Discusion of Time
Slip Called Significant.
Dorsey pointed out as a very sus
picious circumstance that Frank
first had said that the time slip from
the register clock had been punched
correctly by Lee, and that the night
watchman would not have had time
to go home in the interval between
punches. Later, said the Solicitor, it
was suddenly discovered that misses
had been made in the time slip, and
Frank remarked that Lee would have
had time to have gone home and re
turned to the factory, if, for exam
ple, he had wished to remove some
blood-stained clothing.
This, together with the invitation
to search Frank’s home for clews,
formed the detectives’ cue to go out
to the home of Newt Lee, the Solic
itor related. John Black went out to
the negro’s. There he found the
blood-stained shirt—planted there,
according to Dorsey, by Frank or his
friends.
Dorsey occupied much time and
consumed much energy in his as-
saults upon the alibi erected by
Frank’s lawyers. He realized that
this was one of the strongest bar
riers between the State and a con
viction and he proposed to batter it
down.
He was sarcastic and impressively
direct in turn. He asked the Sheriff,
to turn around the alibi chart pre
pared bv the defense.
Derides Frank’s Alibi
As Self-Contradicted.
"Let’s see that time table of Frank's
for a minute," he said with scorn in
his voice. “I want to see it for Just
half a minute, and then I want it
Continued on Page 5, Column 5.
You Can’t Be Well
When Constipated
“Keep Your Bowels Open’’—
Doctors Estimate 76 Per Cent
of Sickness Due to Torpid
Liver.
Some undigested food Is left In 1
stomach daily, which the liver she
clear away. A heavy or unusual di
or a change in water, may cause the 1
er to leave a few particles to press a
clog, and the next day more are 1
over. So this waste accumulates, cl
glng stomach and Intestines, and cat
mg constipation.
That is not all. If the waste ia ,
eliminated it ferments and genera
uric acid, a poison which gets into 1
blood and through the system.
JACOBS' LIVER SALT immedlat.
flushes the stomach and Intestinal tn
and washes away every particle
waste and fermentation: It purifies I
blood by dissolving what uric acid l
accumulated and passing it off in 1
urine.
JACOBS’ LIVER SALT is much h
ter than calomel; no danger of sail-
tion, no need of an after-cleansing d<
? f oil. It acts quickly and mildlv; nei
forces, gripes or nauseates. It off
vesces agreeably. Take it before bre«
fast and in an hour you’ll feel splend
Don t take an inferior substltu
some closely imitate the name, but nc
produces the same result. All drv
gists should have the genuine T
COBS’ LIVER SALT. 25c. If yo^rs c
not supply you, full size jar mailed up
receipt of price, postage free. Ms
and guaranteed by Jacobs Pharma
Co., Atlanta—(Advt. >
■ P-R-I-N-T-O-R-I-A-L-S I
No. 224
The advance agent of Prosperity is in our midst!
Already FALL BUSINESS Is "looking up”—already there Is a
subtle feeling of GOOD TIM ES“ In the air. Hare YOU prepared
to take advantage of the increased opportunities for bigger and
better times? Have you
given your FALL PRINT
ING the attention It de
serves? Phone for our
representative to call. No
time like the present to
plan your PRINTING.
BYRD
Phor.ss rvi. 1560 <?6oS
Printing Co.
46-48*50 W. Alabama,
Atlanta.