Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 24, 1913, Image 56

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— " 2 A 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. I Cannot Possibly Impress upon your minds (through the newspapers) the Im portance of railing to see me when your teeth need attention, (live me a trial and learn for yourself how fair and honest 1 treat you -how my methods are AHS(U.l'TKI,Y PAINLESS, and my prices MUCH LOWER than any other Dentist In At lanta. I can assure you that It will lie a pleasure to you to recom mend me to your friends after you have once tried me. 1 employ un students. Kaeh doctor lias had from 5 to is years’ experience and is thoroughly versed in my painless methods. MY WORK IS GUARANTEED FOR 16 YEARS PATENT lUCTtOW They Must Fit $5 A Set Terms: 7Str WORRY. THESE ARE ARRANGED TO SUIT. 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 Best Service for Least Money They Never Slip or Drop. SETS OF TEETH $5.00 UP GOLD FILLINGS 76c UP SILVER FILLINGS 50c UP BRIDGEWORK $3. $4, $5 GOLD CROWNS a TOOTH DR. WHITLAW, Painless Dentist Largest and Most Thoroughly Equipped Sanitary Office in the South. Phone M. 1298. 73* WHITEHALL ST. 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. 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