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TTUARST’S SUNDAY AMERICAN, ATLANTA, OA.. SUNDAY, AUGUST 24. 1012.
DEATH PENALTY DEMANDED FOR LEO M. FRANK
A TENSE mu- nt in tm iiirtionm yesterday when Solicitor Dorsey was denouncing Frank in his dramatic [ilea to the jury. Numbered in the picture are (1 i Solicitor Illicit M. Dorsey, (2) Chief of Detectives Newport Lanford, (3) Attorney Reuben
Arnold of counsel for tin defense, 4) Luther Z Rosser, who has had charge of the battle for Frank's life: (Oi Mrs. Leo M. Frank, wife of the defendant: (6) Leo M. Frank, whose rate will soon rest with the jury; (7) Mrs. Rea Frank, his mother, and (81
Judge L. S. Roan.
DORSEY CHEERED AFTER
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 Prank
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. i
When he was interrupted by ad
journment, the Solicitor was far from
the end of his argument. He had
taken longer than he expected. He I
had paused longer on certain j
of the cast than he had inted
seemed probable that be wot
quire most of Monday foreni
conclude his address.
Scoffs at Frank’s Alibi.
Attacking the main poir
Frank's defense, he came out
with the declaration that f
alibi was no alibi at all. H
that the whole of Frank s a lilt]
tlcally hinged on the testinu
Miss Helen Curran, of No. 10.0
street, who had testified that si
the young factory superint
waiting for his car a
Newt Lee's house, the pay envelope,
the rope and the club on the first floor
of i he 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
it' "did" was used in the notes they
must have been dictated by someone
iitcball j
afterin
at
1:10 o’clo
At this Ik
Ho added that the reference in the
I notes to the toilet on the second floor
" ' .j | 'ad- a strong Indication that tin* mur-
. . 1 dor had 1 cen committed there.
'' I Tin* Solicitor charged that Frank
° had been endeavoring to force his at
tentions upon tin- Phagan girl for
weeks and that his advances culmi-
s of Dated in the brutal attack of Menio-
loldly rial Day.
Gives His Theory of Crime.
p ra( ,. j Resisted again. Frank, in brutish
ly of! fury, struck donw the girl, accom-
tslihy j plished bis purpose, and then, realiz-
■ iw i ing his position, sought to escape
ndent j being identified with the attack by
rope about the girl’s neck
ling her to death, accord-
graphic words of the pros-
II v I ecu tor.
which he hat
that he was
quarters.
paper before
Then he *juo
ment which i
"1 didn't U
ing. The m
locked it vvl
1:10.”
Makes
’There go
Solicitor. It
own st at erne i
ised the imp
ment."
Dorsey oh;
the statemen'
of Miss I‘Ten
pher; that (
watchman, a
woman, :
min
tion of Hi
and had
die in hi:
looked n
band of :
Dor-ey
the f < t .
Wa fi
•Plant.”
i A> the hour passed noon, the Solic-
! it«• r began to show signs of fatigue.
| His rit was as indomitable and
| tiery as ever, but bis features grew n
| bit haggard, and the weeks of tire-
wo*k on the ease began to dls-
| play themselves more plainly on bis
At 1:3d lie asked If there might not
j Le a recess, as he was about ex
hausted There was a side bar con-
I t'orciice between the attorneys foi
both si-les, and Judge Roan an*
I nounced that adjournment would be
| taken until Monday.
It was thoiic n likely that Dorsey
| ••* ild finish about noon. The judge’s
Large probably will occupy an hour
: tnon and then the case will go
i into the hands «»f the twelve jurors.
jAUT0IST IS RUN OVER
BY HIS OWN MACHINE
JOLIET ILL, Aug. 23.—Because
L. cranked his automobile while It
■•wt in near. Harry Lewis, a Joliet
hawker, was run over and badly in-
Lewis was in a hurry to take
"<>n • friends to the Union station and
j neglected to inspect ills gears, the
r: a-'hine would not spark the first
L w whirls of the crank, so he opened
• « throttle wider. . ne of the friends
p ,t on the exhilarator to help mat-
: ters. and now Lewis has been two
Policewoman Uses
Her Stare as Club
Declares She Has No Trouble With
Mashers After One Stern
Glare.
CHICAGO, Aug. 23.—Squelch the
masher with a look. You don’t need a
whistle like the Boston women; hatpins
do not make good weapons, and a
club should be used only in a tight
squeeze.
This Is the opinion of two of Chi
cago’s policewomen, both long in the
business of protecting women.
"1 haven’t had any trouble with men
on the beach this year, even those who
didn’t know I was a policewoman,” said
Officer Mary Boyd, who is in charge of
the Thirty-ninth street bathing beach.
"AH you have to do when a man speaks
to you insultingly is to look at him.
He turns and runs ’’
Woman Toper Has
Thirst Amputated
Obstruction In Her Throat Was Be
lieved Cause of Her Longing
For Alchohol.
LIMA, OHIO, Aug 23.—Mary Cala-
han, 22, submitted to a surgical opera
tlon in the Chief of Police's office to
day, and it is hopes! Mary’s thirst was
cut out, literally and figuratively.
Several years ago she was shot In
I the Jaw. A splintered bone lodged
against her palate, creating a contin
uous desire for drink. She insists the
desire was for strictly alcoholic drink
and that she had tried grape Juice in
vain. Since that time Mlary and her
I tickling bone have given the police a
ticklish time
Chief Ernest May consulted with City
I Physician Steer. Between them they
decided on the operation.
Offers to Serve Out
Hawthorne's Term
Pastor-Classmate of Author-Convict
Says it Would be ‘Utmost
Pleasure.’
BOSTON. Aug. 23.—The Rev. Wil
liam Davis, of Everett, a member of
the class of 1867 of Harvard and an
evangelistic clergyman, has written
his classmates, Julian Hawthorne
: and William James Morton. In the
I Federal Prison at Atlanta, offering to
; serve the remainder of their sen-
| tcnees, and states to do so would give
him "the#utmost pleasure.”
EX-BANDIT GETS RELIGION:
COLE YOUNGER CONVERTED
LEES SUMMIT, MO. Aug. 23.—
m'ole Younger, once a bandit, became
a member of the Christian Church at
| a revival meeting to-night.
Dorsey’s Closing Address a
Scorching Attack on Frank
Hurls Charges of Perversion and Murder in Face of Defendant While
Wife Bows Head and Weeps.
Probably a more stirring, denun
ciatory, and at the same time incis
ive and analytical argument, has nev
er been heard in a Georgia court
than Solicitor Dorsey's closing ad
dress in the case against Deo M.
Frank. Here it is as the Solicitor de
livered it:
Dorsey moved over to the railing
of the jury box as he opened his
speech.
"Your honor and gentlemen of the
Jury,” he said. ”1 was speaking to you
yesterday of the character of this de
fendant. This defendant has not a
good character. The conduct of the
counsel in this case in failing to
cross-examine, in refusing to cross
examine these twenty young ladles,
refutes effectively and absolutely the
claim of the defendant that he has
a good character.
Says Defense Had
Right to Refute Charge.
’’As I said, if this man had a good
character, no power on earth could
have kept him and his counsel from
asking those young girls where they
got their information and why they
dsai what they did. Now that’s a
common sense proposition.
"You know as twelve nif*n seeking
to get at the truth that they did not
aak those hair-brained fanatics, as
Mr. Arnold calls them. questions
about Frank’s character because they
were afraid, and those witnesses, as
good as any the defense put up, were
unimpeached and are unimpeachable.
And you tell me that because the good
people come here from Washington
street and testify to his good charac
ter Is that he has one!
“It very often happens that a man’s
wife Is the last person to know his
wrongdoing. Sometimes the man uses
charitable and religious organizations
to cover up and hide his evil self
Very often his guilty conscience turn*
him that way. Many a man is a wolf
in sheep's clothing.
"Many a man Is a white sepulcher
on the outside and absolutely rotten
within. But suppose he has a good
character David had a good char
acter until he put Uriah in the fore
front of battle that he might be killed
that he could get his wife. Judas Is
cariot had a good character among
those Twelve Men until he accepted
those 30 pieces of silver.
"I have shown you that under the
law they had a right to bring out all
those things. You saw they dareu
not do It. Lets see what the law
says I’ll read here from the Eighty-
third Georgia Report:
" ‘Whenever any persons have evi
dence in their possession and they
fail to produce it. the strongest pre
sumption arises that it would be
hurtful if they did, and their failure
to produce evidence is a circumstance
against them.’
You don't need any lawbook to tell
you that. It’s plain common sense.
Recalls Case of
Oscar Wilde.
“Benedict Arnold was brave. He
enjoyed the confidence of all the peo
ple and those In charge of the Revo
lutionary War until he betrayed his
country. Since that day hi* name
has been a synonym for Infamy. Os
car Wilde, an Irish knight, a bril
liant author, whose works will go
down through time, gave us ‘De Pro-
fundis,' which he wrote while in Jail—a
remarkable work—yet when the Mar
quis of Queensberry discovered that
there was something wrong uetween
Wilde and his son, Wilde had the ef
frontery and the boldness to sue him
for damages. A suit in retaliation re
sulted In the conviction of Wilde for
criminal practices. Yet. wherever the
English language is spoken the ef
frontery of the testimony on crosw-
examination of this man—an effront
ery typical of this sort (turning to
Frank)—will always be a matter for
• study for lawyers and for peo
ple nicer^t-*d in that sort of degen
eracy.
"He had a wife and two children.
His shame probably never would have
been brought to light but for the fact
that he had the. effrontery and the
boldness to start a suit. It ended in
his being sent to prison.
•’And the prosecution of Oscar!
"He was a man who led the esthet
ic movement. He was a scholar and
a literary man. His cross-examina
tion was a thing to be read with
pride by every lawyer. The whole
world took notice of his prosecution,
and yet when Oscar Wilde- was an
old man, gray-haired and tottering to
the grave, he confessed to his guilt.
Prominent? Why, he was one of the
most prominent men in the world!
Why, he came to America anB found
ed the esthetic movement here. He
raised the sunflower from a weed 10
the dignity of a flower. He was
handsome—one of the handsomest
men to be found. He had moral
courage, yet he was a pervert, proved
and confessed.
"There was a handsome man in
San Francisco, a member of this de-
t end ant’s sect—Abe Ruef, a man who
possessed all of the faculties of high
est intelligence, yet he corrupted even
Smith, and his corruption of the poor
girls with whom he ear < in contact
brought him to the peiitentiary. I
have already referred to Durant. His
character did not prevent the Jury
from convicting him. This defend
ant’s character, like Durant’s, is not
worth a cent when the case is Droved.
"And crime is alike with the rich
and poor, ignorant and learned. Take
an Ignorant man like Jim Conley. He
Is the man who commits the petty
crimes, but take a man with high in
tellect, like this defendant—this intel
lect. when put to the right use, leads
to glorious accomplishments; but if
these faculties be put to the wrong
use, It brings ruin to the man in the
commission of the most diabolical
crimes. Look at McCue, the Mayor
of Charlottesville, Va. He was a man
of broad intellect and high education,
but, despite his intellect, despite his
splendid character, he tired of his
wife and shot her. and the jury, com
posed of Virginia gentlemen, broad
minded and fair, despite McCue’s
good character, found him guilty and
sent him to a felon’s grave.
"Take the case of Richeson, the
preacher of Boston. Here was a man
of highest intellect and with a bril
liant future. He was engaged to one
of the wealthiest and most beautiful
girls of Boston, but entanglements
with a poor little girl caused him u
fear for his good name and he so far
forgot his good character as to nut
this poor little girl to death. Even
after his conviction in the last days
of his hope he committed an act upon
himself which he thought would draw
the pity of the Governor and save his
life. But a Massachusetts Jury and a
Massachusetts Governor were cour
ageous enough to let that man’s lif?
go. They had the courage which will
make every right-thinking man rignt
by the laws of God and man and of
his country.
"Take Beattie—Henry Clay Beattie,
of Richmond. He was of splendid
family, of wealth and proved a good
character, though he did not possess
it. He took the mother of his 12-
month-old baby out in an automobile
and shot her. He was cool, calm and
deliberate. He laughed and he Joked,
but he joked too much, and although
the detectives were maligned and
abused and a large slush fund was
used, a courageous, honest Virginia
Jury upheld Justice and sent (hat man
to death. And he n**ver confessed,
but he left a note saying he was
| guilty.
Likens Frank
To Dr .Crippen.
"Crippen, of England, a man of high
standing and recognized ability, killed
his wife because of infatuation for
another woman He hid her where
he thought she would not be found, as
this man (pointing to trank) thought
the body of that little girl would not
be found. But murder will out, and
be it said to the glory of old England
this man paid the penalty of death.
“Gentlemen, you have an opportuni
ty that comes to few men. Measure
up to it. Will you do it? If not, let
your conscience 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 scene of the of
fense at the time of its commitment,
and the range of evidence mu^t be
such as reasonably to exclude the pos
sibility.’
"The burden of carrying this alibi
rests on the shoulders of this defend
ant. They must show to you that it
was impossible for this man to have
been at the scene of the crime—an
alibi, while the best kind of evidence
if properly sustained, otherwise is ab
solutely worthless. I am going to
show' you that this man’s alibi *s
worse than useless. It is no defense
at all.
"I want to give you the definition
of an old darky of an alibf. It illus
trates my point. Rastus asked old
Sam. ‘What, is this hyar alibi I hear so
much about?’ Old Sam says. ‘An alibi
is provin’ that you was at the prayer
meeting where you wasn’t, to prove
you wasn’t at the crap game where
you was.’
"Let’s see the time table of the de
fense. I want to turn it around for
half a minute. Then I want to turn
it to the wall and let it stay forever.
" ‘One p. in.—Frank leaves the fac-
wall. That statement is refuted by
the defendant himself when he didn't
realize the importance of this time
proposition.
“Frank's statement at. police head
quarters, taken by G. C. Febuary on
Monday, April 28, says, I didn’t lock
the door that morning. The mail was
coming up. I locked it when I started
home to lunch at 1:10 o’clock.’
"Up goes your alibi punctured by
your own statement when you didn't
realize its importance. Yet these
honorable gentlemen for the purpose
of Impressing your minds print in big
letters on this chart he left the fac
tory at 1 o’clock. If he swore when
he was on the stand the other day
that he left the factory at 1 o’clock
it was because he saw the importance
of this time point and had to leave
there ten minutes earlier than he said
he had at the police station before he
had had time to' confer with his law
yer, Mr. Luther Z. Rosser.
"I quote: ‘I left at 1:10.’ Right
hero let me interpolate. This man
never made an omission from the be
ginning ,to the end of this case. Where
he knew r a person was aware that he
was in the factory at a certain time
he admitted it. He proved, or at
least attempted to prove, an alibi by
the little Curran girl. They had her
get up on the stand and say that she
saw Frank at 1:10. Yet here is his
statement made to the police April 28
in the presence of his attorney, Mr.
Luther Z. Rosser, in which he said
that he did not leave the factory until
1:10.
"The saddest thing in this case—I
don’t know who caused it, I don’t
know who introduced.it, and I hope I
will go to my grave without ever
learning who brought this little Cur
ran girl into this case—the saddest
thing In this case is bringing in this
little girl who is connected with Mon-
tag’s and placing her upon the stand
here to protect this red-Jianded mur
derer.
"Jurors are sworn, and his honor
has the right under the law to charge
you to consider the truthfulness or
the reasonableness of that which any
witness sw'ears to. And. gentlemen
of the jury, anyone who looked upon
that little girl noticed her bearing up
on the stand, the slightly unusual
manner and her connection with
Montags—consider the fact that this
little girl, like the little Bauer boy,
had been riding in Montag's auto
mobile—and if you can not tell just
why and how she w’as brought here,
then 1 am unable to understand your
mental operations.
"If Frank locked that door at 1:10,
how could she have seen him at Ala-
; bama and Whitehall street at 1:10?
How could she be so positive that it
j was him, if she really saw anyone
there? For. mark you, she had never
seen him but once. She comes into
your presence and tells you the un
reasonable and absurd story of see
ing him. w'hich is in direct contra
diction to Frank's story.
"On this time proposition, I want
to read you this. It made a wonder
ful impression on me when I read it.
It’s from the speech of a wonderful
man. It's from a man in whose pres
ence even lawyers of the type df Ar-
Continued on Page 4, Column 1.
You Can't Be Well
When Constipated
"Keep Your Bowels Open"—
Doctors Estimate 75 Per Cent
of Sickness Due to Torpid
Liver.
Some undigested food is left in the
stomach daily, which the liver should
clear away. A heavy or unusual diet,
or a change in water, may cause the liv
er to leave a few particles to press and
clog, and the next day more are left
over So this waste accumulates, clog
Ring stomach and intestines, and caus
ing constipation.
That is not all. If the waste Is not
eliminated it ferments and generate#
uric acid, a poison which gets into the
blood and through the svstem.
JACOBS’ LIVER SALT lmmedlatelv
flushes the stomach and intestinal tract’
ami washes away every particle of
waste and fermentation; It purifies the
blood by dissolving what uric acid has
accumulated and passing It off in the
urine.
JACOBS’ LIVER SALT is much bet
ter than calomel; no danger of saliva
tion, no need of an after-cleansing dose
of oil. It acts quickly and mildly; never
forces, gripes or nauseates. It effer *
vesces agreeably. Take it before break
fast and in an hour you'll feel splendid.
Don’t take an inferior substitute,
some closely Imitate the name, but none
produces the same result. All drug
gists should have the genuine JA
COBS’ LIVER SALT, 25c. If yours can
not supply you, full sire jar mailed upon
receipt of price, postage free. Made
and guaranteed by Jacobs Pharmacv
Co., Atlanta.—(Advt.)
H P-R-I-N-T-O-R-I-A-L-S ■
No. 224
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