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UEARST’S SUNDAY AMERICAN,
ATLANTA, OA., SUNDAY, AUGUST 24, 1913.
PH AG AN VERDICT AWAITED WITH TENSE EAGERNESS
•»
M RS. LEO M. FRANK plainly showing tho strain as Solicitor Dorsey arraigned her hus
band. Below is Mrs. Rea Frank, the defendant’s mother, who also betrayed her agitation.
Ill FINDS INTEREST OF
PUBLIC STILL WHITE HDT
WHAT THE LAWYERS OF BOTH SIDES
THINK AND SAY OF EACH OTHER
The rider of the winds; the stirrer of the storm.—-Hugh Dorsey’s estimate of Lu
ther Rosser.
As mild a mannered man as ever scuttled a ship or cut a throat.—Hugh Dor
sey ’s opinion of Reuben Arnold.
The charges and insinuations that he has made are the most contemptible that
have ever occurred in a Georgia court. The things he (Dorsey) has done in this
trial will never be done again in Georgia. I will stake my life on that.—Luther Ros
ser's opinion of Hugh Dorsey’s methods.
Popular Opinion Swayed, First When
State Springs Climax With Conley’s
Story, Again When Defense Put
the Accused Man on the Stand.
BY AN OLD POLICE REPORTER.
For numnier complalnts
Duffy's Pure Malt V/hisVey
la bent. It Mill keep your kfomadi ami bowels
In fine condition to do all the work called for.
thus avoiding or relieving cramp*, dysentery,
diarrhoea, cholera, malaria anil stomach trou
ble*. . * _ .
The genuine
fv * Pure Malt Whta
cry 1* sold In SEALED
HOTV.XS ONLY, by
druggist*, grocers and
dealer*. Should our
friend* for any reason
he unable to secure It
In their locality, we
will have it shipped
to them from their
nearest dealer, expreas
prepaid (ra*h to ac
company order) at the following price*
4 Large Bottle*. 14.30.
6 Large Bottles. $5.40.
12 Large Betties. SH OO.
Duffy's Pure Malt Whiskey should he Iri .-very
home snd we mak*- the al*»ve announcement so
that you may become familiar with a source of
supply-
Remit by express order, postofflce order, or
certified check to
The Duffy Malt Whiskey Company,
98 White St.. Rochester. N Y
Frank a victim for Mary Phagan’s
murder.
Claim Negro Wrote Notes.
That the negro himself, of his own
motion, wrote the notes he later con
fessed to having written, hoping
thereby to divert suspicion from him
self.
That Conley only began his series
of contradictory “confessions'’ after
he found that Frank was under sus
picion, and thereby realized his (Ton-
ley's) opportunity to fasten more
firmly upon Frank that suspicion, to
Conley’s own great benefit.
That Frank’s general character is
Sood, in contradistinction to Conley’s
admitted bad character.
That Frank has set up two unas
sailable alibis, and could not, there
fore, have committed the crime
charged.
That his nervousness the day fol
lowing the murder was occasioned
by the manner In which the fact of
the murder was communicated to him,
and not because of guilt.
That the long and delicate clerical
work he did on the afternoon fol
lowing the murder is proof that he
could not then have been agitated
by guilt or by any other sinister
knowledge.
That Frank, as a matter of fact,
knows nothing whatever of the oau«5e
of Mary Phagan’s death, and is ut
terly and entirely guiltless of any
participation therein.
Two intensely dramatic even's
marked the progress of the trial—and
about them the entire case has re
volved constantly.
Conley’s remarkable story, contain
ing the unspeakable charge of perver
sion, wealthy in detail and full of
thrill, was the State’s big point.
Frank’s wonderfully clear, dispas
sionate and well-sustained statement
from the witness stand was the de
fendant’s big point.
These two contrary things have
been pitted the one against the other,
and upon which the Jury finally would
accept as the truth the rase always
has seemed to turn for final adjust
ment.
Attack Centers on Negro.
Every effort of the defense hak been
to break down Conley—including two
days’ unmerciful grilling by Mr. Ros
ser—and every effort of the State
has been toward upholding him.
Every effort of the defense, there
fore. has been also directed toward
holding up Frank’s statement, just as
every effort of the State has been di
rected toward breaking it down.
It ever was Frank vs. Conley—the
1 life of the one or the other as the
| law’s satisfaction for the murder of
Mary Phagan!
Regardless of all things else, the
| public Is unstinting In its praise and
approval of the brilliant young So-'
l licitor General of the Atlanta Circuit,
| Hugh Dorsey, for the superb manner
in which he has handled the State’s
side of the case.
It all along has been freely admit
ted that those two veterans of crimi
nal practice, Luther Rosser and Reu
ben Arnold, would take ample care of
the defendant.
Two more experienced, able and ag
gressive attorneys it would be impos
sible to secure in any cause
When it was first learned that Ros
ser and Arnold were to defend Frank,
the public realized that the defendant
had determined to take no chances
He selected from among the cream of
the Georgia bar.
That the State's interests, quite as
sacred as the defendant’s, would be
looked after so Jealously, so adroitly,
and so shrewdly in the hands of the
yo.uthful Dorsey, however—that was
a matter not so immediately settled!
Dorsey an Unknown Quantity.
Dorsey was kntwn as a "bright
terful speech, that will long be re
membered in Fulton County I
In places he literally tore to pieces
the efforts of the defense. He over
looked no detail—at times he was
crushing in his reply to the argu
ments of Rosser and Arnold, and
never was he commonplace!
Fixed His Fame by Work.
Whatever the verdict, when Hugh
Dorsey sat down, the Solicitor Gen
eral hatl fixed his fame and reputa
tion as an able and altogether cap
able prosecuting attorney—and never
again will that reputation be chal
lenged lightly, perhaps!
Much credit for hard work and
intelligent effort will be accorded
Frank Hooper, too, for the part he
played in the Frank trial. He was at
all times the repressed and pains
taking first liteutenant of the So
licitor, and his work, while not so
spectacular, formed a very vital part
of the whole case made out and ar
gued by the State. He was for four
teen years the Solicitor General of
one of the most important South
Georgia circuits, and his advice and
suggestions to Dorsey were invalua
ble.
A noteworthy fact in connection
with the Frank trial is that it gen
erally is accepted &a having been as
fair and square as human fore
thought and effort could make it.
It may be true that a good deal of
the irrelevant and not particularly
pertinent crept into It. but one side
has been to blame for that quite as
much as the other side.
Ruling Cut Both Ways.
The Judge’s rulings have cut im
partially both ways—sometimes fa
vorable to the State, but quite as
frequently in favor of the defense
Even the one big charge of de
generacy, which many neople hold
had no proper place in the present
trial, went in without protest from
the defense, and cross-examination
upon it even was indulged in.
Unlimited time was given both the
State and the defense to make out
their cases; expense was not con
sidered. The trial has lasted longer
than any other in the criminal his
tory of Georgia. Nothing was done
or left undone that could give either
side the right to complain of unfair
ness after the conclusion of the
hearing.
It is difficult to conceive how hu
man minds and hman efforts could
provide more for fair play than was
provided in the Frank case.
AN ANNOUNCEMENT
OF VITAL IMPORTANCE
TO PIANO BUYERS
The Wester Music Co., 64 Peachtree St., Desire to An
nounce the Opening of Their “Once a Year”
Clearance Sale at 8:30 Monday Morn
ing, August 25.
PIANOS OF HIGH GRADE AND
ACKNOWLEDGED REPUTATION
Our Entire Stock Sacrificed; Everything Goes; Nothing
Reserved. Every Person Interested in the
Purchase of an Instrument Should
Read This Carefully, As It
Concerns Them Most.
PROMPT ACTION
WILL BRING REWARD
This Is Our Annual Clearance Sale of Fine Pianos.
Your Opportunity to Save From $100 to $250 in
Your Piano Purchase. Terms Are Made
as Pleasing as the Prices. Open
Evening®.
In announcing this gigantic clearance
sale of fine pianos, uprights, grands,
player pianos and organs, we wish to
, , , . | take the piano buying public into our
youn* chap," not widely experienced. confldence _
making a plain statement of
one side and down the other, the pub
lic breathed, as aforesaid, a large and
deep sigh of relief when at last the
Jury got the matter into its keeping,
to unravel it as best it might and to
speak the truth of It as nearly and
as exactly as human ingenuity and
the forms of law can approximate
the same.
The State has fought doggedly to
one theory: That Leo Frank, shortly
after noon on Saturday, April 26,
lured little Mary* Phagan, for un
speakably immoral purpose, to the
rear of the second floor of the Na
tional Pencil Factory in Forsyth
street, after having paid her her
weekly pittance, and there, when she
refused to yield to his lustful pur
pose, he killed her, first by knocking
her down and subsequently strang
ling her.
That after this horribly tragic cul
mination of a perhaps non-murder-
ous original intent. Frank sought the
help of a negro, Conley, with whom
he had had previous very question
able relations, to hide the body, and
that Conley, already deep in the min
with Frank, consented, and as a mat
ter of fact, did hide the body of the
dead girl in the basement of the fac
tory, where subsequently he expected
to burn it.
Charges Note* Were Framed.
That after this, Frank and his ac
complice returned to the second floor,
whereon Frank's office is located, and
prepared some illiterate notes, which
were placed beside the dead body for
the purpose of diverting suspicion
both from Frank and the negro.
That the defendant then gave the
negro some money for his work, and
promised him more .eventually.
That Frank’s actions following the
murder were suspicion enough to
prompt his retention at police head
quarters
That his general character is had
enough to warrant the presumption
that he had lustful Intentions toward
Mary Phagan, as evidenced by his re
lations with other women and girls.
That his professed alibis are in
consequential and misleading, and
not sustained by facts.
Finally, that Conley’s seemingly
contradictory attitude Is accounted
for in two directions, first by his de
sire to save both himself and Frank,
and second by his desire to protect
himself against a great measure of
responsibility for the tragedy than
rightfully belonged to him, when it
became evident to him that Frank
was preparing to let him suffer Just
so much measure of responsibility,
even to the murder itself, as might
be fixed if he did speak.
What Defense Has Claimed.
The defense has fought doggedly to
this one theory: That Leo Frank
scarcely knew Mary Phagan at all,
and that the only time he saw her on
Saturday, April 26, was when she
came to his office to get her pay; that
he never lured her to the rear of the
second floor, or anywhere else, for
any purpose whatever, and that he
never saw her alive after the brief
moment she stood in his office on
Saturday.
• That after she left his presence,
happy and unharmed, she passed on
downstairs, and encountered Jim Con
ley, the negro sweeper, whom Frank
did not even know was in the build
ing, and who was not supposed to be
in the building at that time.
That Conley, then only partially re
covered from a drunken debauch of
the morning, saw her little mesh bag
in her hand, and. being "broke" and
wanting more whisky ,he seized the
girl, snatched her mesh bag, after
knocking her down, threw' her Into the
cellar below through the nearby open
elevator shaft, whence later in
dragged her to the trash pile in the
rear of the building, tied the strang
ling rope about her neck) either t3
complete his dastardly work or to
create a false suspicion as to the di
rect epuse of her death.
That he then pulled the staple from
the back door of the basement and
thus made his escape finally from the
building.
That all of Conley’s story as to how
he helped dispose of the body Is a
fabrication and a monstrous lie,
framed for the purpose of shielding
himself and placing the blame upon
Frank.
That his story was dragged from
him, bit by bit, beginning with the
falsehood that he could not write, and
that it was revised four times, always
under oath, before its amazing and
incompatible contradictions could be
fixed up to stick with any degree of
plausibility, and that he was helped in
every one of these revision# by all to )
willing police officers, detectives and
court officials bent upon finding in
willing and aggressive enough, but—j
He had been but lately named So
licitor General, and he hadn’t been
tried out exhaustively.
Maybe he could measure up to the
standard of Rosser and Arnold, but
it was a long way to measure up.
nevertheless!
ft soon became evident that Dor
sey was not to be safely underrated.
He could not be sneered flown,
laughed down. ridiculed down, or
smashed down.
He took a lot of lofty gibing, and
was called "bud” and "son” right
along—but every time they pushed
him down, he arose again, and gen
erally stronger than ever!
Time and again he outgeneraled his
more experienced opponents.
He forced them to make Frank’s
character an issue, despite them
selves.
He got In vital and far-reaching
evidence, over protest long and loud.
Whenever the Solicitor was called
upon for an authority, he was right
there with the goods They never
once caught him napping. He bad
prepared himself for the Frank case,
in every phase of it.
The case had not progressed very
far before the defense discovered un
mistakably that it had in Dorsey a
foreman worthy of its most trust
worthy and best-tempered steel!
And the young Solicitor climaxed
his long sustained effort with a mas-
facts, telling our good reason for sac
rificing our entire stock. All thoughtful
people realize the fact that in conduct
ing a business the magnitude of ours,
that a great numner of discontinued
styieH, sample pianos, rental pianos, etc.,
will accumulate during the year, besides
countless numbers of good used pianos
taken in exchange for grands and play
ers. They are in first-class condition,
and must be disposed of to make room
for large shipments of fall goods
already beginning to arrive. In
order to open the fall season
with an entire new stock, we have de
cided to include in this sale every in
strument in our building, grands, up
rights and players, including such well-
known makes as A. B. Chase, Chicker-
Ing & Sons, Knabe Brothers, Ivers &
Pond, Kurtzmann, Kranich & Bach, Bush
& Gerts, Hoffman and others. In play
ers, A. B. Chase Artlstano (grands and
uprights), Emerson Angelus, Kurtzmann
Angelus, The Angelus, The Auto de
Luxe, The Autopiano, Kohler and New
ton.
Such an array of high-grade instru
ments, numbering between 350 and 400.
lias never been offered before to the
good people of Georgia Remember,
nothing is reserved, and in order to
move this stock in a limited space of
time we have reduced the price in many
cases from one-third to one-half the
original price. All these points taken
into consideration makes it Dossible for
any family to have an instrument in
their home, as our low prices arid easy
terms place them within reach of all.
Your credit is good at The Wester Mu
sic Company. If you do not care to pay
cash we can arrange terms to suit your
convenience. *
One Price; Plain Figure*.
Every piano will bear two tags, one
will be our regular one price tag, the
other the clearance sale tag. Thus you
may see at a glance just what can be
saved on your purchase. Look for the
blue tag.
Here are three sample pianos. Iairge
size mahogany eases, fully guaranteed.
Instruments must be seen to be appre
ciated. Regular price $275, your choice
$127.
Three standard grade upright cabinet
grands, mahogany, oak or walnut; fully
guaranteed. Regular price $300, your
choice of three different styles and
makes $187.
Five standard makes. Five large size
uprights, mahogany or oak cases, new
styles, guaranteed for ten years, regu
lar price $350, your choice $236; $10
cash and $6 per month.
Five large size cabinet grand upright
sample pianos, mahogany or dark oak
cases, fully guaranteed, regular price
$375. These are going at $246; $10 cash
and $7 per month. They are new.
Six large size uprights; your choice
oak or mahogany case; guaranteed for
ten years; three different styles and
makes; regular price $375. They are
standard makes. Your choice for $268.
Easy terms.
Five large size cabinet grand mahog
any cases; three different styles an<k
makes; guaranteed for ten years; regu*
lar price $400, your choice $276; $1|
cash and $7 per month. They are new,.
Ten large size uprights, mahogany*
cases, different styles and make.%
J uaranteed for ten years, regular pric*
450, sale price $292. Easy payment:#
can be arranged.
Four large size, mahogany cases,
best makes; fully guaranteed; reg
ular price $500; slightly shop-worn,
but absolutely perfect. They will be
taken quickly at $293.
Six large size upright cabinet grands,
hTgh grade mahogany and walnut
cases, regular price $550. your choice
$308, $312, $318. Fully guaranteed
Three high grade grand pianos, ma-
hogany cases, regular price $700. $750
and $800; your choice for $468, $612 and
$642. Guaranteed for ten years. They
are new One Steinway slightly used,
good as new. Beautiful mahogany case
regular price $1,150. Must be seen to be
appreciated. Will be ottered at our
regular discount. If you need a grand
piano, don’t miss this opportunity.
Nine player pianos, mahogany cases
some of them slightly shopworn, but in
first-class condition Some are new
They are guaranteed for five years
The best makes are included. Regular
prices. $550. $600, $650, $700. $760 and
$800. All 88-note and new styles. Your
choice, $418, $368. $396. $436. $487, $512.
You must see the pianos to appreciate
the values.
One large size mahogany case player
piano, one of the best makes, regular
price $850, slightly used. A big bar
gain for $296. 8
Fifty slightly, used upright pianos.
Oak, walnut. mahogany and ebonv
cases. Included In this lot will be found
Voae & Sons. Hallet & Davis, Kranich
& Bach, Painter & Ewing. Packard
Conway, Bush A Gerts; Knabe Bros :
Sterling. Whitney. Cooper, Hoffman and
others. Many of them are as good as
new. They are all in splendid condi
tion Former prices ranging from $350
to $550. Your choice while they lasr
from $75 to $268. They are guaranteed
an<i you can make no mistake in se
lectlng any one of them Any second
hand piano that we sell will be taken
back within on* year and apply the
price as part payment for a new piano.
Second-hand Organs.
Twenty-seven organs, including Car
penter. Estey, Wilcox & White* Pack
ard, Chicago Cottage. Kimball, Mason
& Hamlin and others. Former prices
from $65 to $125. Your choice for $12,
$17 $21. $26. 28, $31. $37. $42. All in
good order and guaranteed.
Every instrument can be found on our
floors and our personal guarantee goes
with each instrument. Remember that
we can arrange easy payments, if you
don’t care to pay cash. Out of town
orders given special attention.
Any purchaser living nearer Macon
than Atlanta will find the same bar
gains at our store. No. 157 Cotton ave
nue. Macon, Ga.
Store will be open evenings,
THU WESTER Ml’SIC COMPANY,
6I F’eachtree Street. Atlanta Oa,
157 Cotton Avenue, Macon, Oa.
The fourth week of the Prank trial
came to an end shortly after noon Sat
urday, with Solicitor Dorsey still far
from the finish of his concluding ar
gument in behalf of the State.
Judge Roan announced at 1:45 that
he would adjourn the case over until
Monday, as he has been doing here
tofore, and the Solicitor will conclude
his argument then.
The Solicitor had been speaking
more than six hours when adjourn
ment came, but apparently was phys
ically able to go on if necessary.
His address, when it ic finished
Monday, will have been broken into
three sections—one Friday afternoon,
another Saturday morning, and a
third Monday morning.
The Solicitor’s address has been so
far a wonderful piece of wbrk.
On all sides he has been praised un
grudgingly for the fine effort he has
made in behalf of the prosecution.
Atlanta will breathe a long, deep
and soulful sigh of relief, however,
when the last, word Ns spoken by way
of argument and the case is given into
the hands of the jury for a verdict.
Leading Topic for Months.
Never before in the’ history of Ful
ton County has a criminal proceed
ing so challenged the unabated and
undivided attention of the people.
For four months the Frank case—
or the Phagan case, as it more gen
erally is called—has been the leading
topic of discussion among all classes
of Georgians, rural and urban, rich
and poor, high and low, informed
and uninformed.
Every figure to the tragedy has
been picturesque in the extreme.
Mary Phagan, a sweet young work
ing girl,cruelly murdered; Leo Frank,
a young business man of theretofore
unblemished character and standing,
indicted for the murder; Jim Conley,
a negro, a confessed accessory after
the fact of the murder, with a long
criminal career attaching to him, the
principal witness against Frank; Lu-
cile Frank, the loving and devoted
wife of the defendant, always at his
side, with his mother, cheering and
sustaining him; Reuben Arnold and
Luther Rosser, two of the leading and
most noted lawyers In the South, de
fending the accused; Frank Hooper
and Hugh Dorsey, the former an at
torney of established reputation, the
latter a brilliant young lawyer lately
named prosecuting attorney of the
Atlanta Circuit; a presiding judge
who has tried many of the most fa
mous cases in the State—these make
up the dramatis personae of the Frank
case.
Case Fought Stubbornly.
Never before in Fulton County, if,
indeed/ within the State, has a case
been so stubbornly apd so bitterly
fought as the Frank case.
It required more than three weeks
to get the evidence all in. Every inch
of ground was contested vigorously
and to a finish.
It Is estimated that the defense in
terposed more than 100 objections of
one sort and another, as the case
progressed, thus fortifying itself as
abundantly as possible for an appeal.
In the event of conviction.
The only party to the crime, as
witness or otherwise, who has not
been attacked vehemently one way or
the other is the little dead girl, Mary
Phagan!
All sides have agreed that, what
ever else might or might not be true,
the murdered child was blameless—a
pathetic and unoffending victim of a
brutal Jiomicide.
Frank, the defendant, has been
painted by the defense as a bright
young business man, perfect In de
portment at all times, a loving hus
band and a dutiful son, Irreproachable
in character, incapable of criminal
deeds and thoughts, persecuted and
assailed maliciously by hostile offi
cials seeking reward both by way of
fame and material gain!
By the State Frank has been paint
ed as black as the darkest depths of
Hades Itself, an unfaithful husband, a
vicious son, a lustful monster, partic
ularly after young girls; a pervert, a
leader of two lives, a designing and
crafty monster—-an inhuman mur-
derer!
Conley Blamed and Praised.
Conley has been held up both as a
witness worthy of all belie! and as a
itness worthy of no belief whatever
as a negro reluctant to tell the
truth originally because of his disin
clination to involve Frank, his erst-
kind and profitable master, but
rushing candidly and sincerely to re
cite the truth eventually, neverthe
less, and, on the other hand, as a
negro lying; from start to finish for
no other purpose than to save his
own neck from the noose by slipping;
it over the head of the oppressed
Frank.
Luclie Frank, the wife, has been
cited both as the faithful and loving
wife there at the husband’s side in
the courtroom and as the shrinking,
suspclous wife, early indisposed even
to visit Frank in his cell at the Jail.
Rosser and Arnold have painted
Hooper and Dorsey as direct agents
of a wicked and malicious “frame-
up against the life, liberty and most
sacred honor of Leo Frank, deliber
ately and designedly seeking to hang
the defendant to gratify a ifflsguided
enthusiasm and official zeal, if noth
ing worse; and Dorsey and Hooper
have been unsparing in their criti
cisms of Rosser and Arnold, the paid
attorneys of the defense.
An imposing array of witnesses
have declared Frank’s character both
good and bad, while two other arra>3
of witnesses have sought both to up
hold and to break down his alibis.
Medical experts, of repute and
fame, have been set up one by one,
only to be designated “fakes" and
"quacks” by the other side, and vice
versa.
Second Charge in Case.
Besides the original charge of mur
der there was injected into the case,
in its early stages, an unspeakable
charge of degeneracy.
First this charge went in with the
defense’s knowledge and consent, and
then the defense mov i to rule it out.
It wasn't ruled out, and the defense
then seized upon it and undertook to
make a boomerang upon the State.
The State thereupon sought to en
large upon it, and the State was
stopped from doing that.
Three or four days was used up in
attempting to rfhow whether boiled
cabbage could reach such and such a
state of digestion in such and s\ich
a time, and after a long wrangle as
to that, the defense and the State
found that they were not particularly
disagreed about the matter, anyway
as it fit both theories like a glove to
show that Mary Phagan died within
an hour after eating the cabbage.
The defense has contended that Jim
Conley and not Leo Frank murdered
Mary Phagan, and the State has con
tended quite as earnestly* that Frank
did it, and Conley was connected with
it only after the exact fashion he
swore to.
Looking backward over the trial
from the present day point of view,
one may see much that appears grim
ly humorous in the proceedings—and
yet there has been nothing bordering
ever so slightly upon the humorous,
really'. On the contrary, the trial has
been tragedy piled uncompromising
ly upon tragedy, from beginning to
end!
Publio Swayed Both Ways.
Into all the ofher complex, puz
zling. elusive and sinister details of
the mysterious Frank case, a larg<*
measure of prejudice was injected as
it swept along.
The public has been swung first
this way and then that, rushed to one
conclusion, only to be rushed as mad
ly, after a bit, to another, until, up