Newspaper Page Text
♦ 4
-
T
4 A
TIE MIST’S SUNDAY AMERICAN, ATLANTA, GA.. SUNDAY. AUGUST 24. 1913.
SOLICITOR’S CLOSING ARGUMENT A MASTERPIECE
AS MORAL PERVERT AND
LAUGHS ALIBI TO SCORN
Prisoner Likened to Oscar Wilde,Pas-,
tor Richeson and Beattie—Charged]
With Committing Murder to Hide
Evidence of His Crime Against Girl.
Dorsey Attacks Frank’s Statement
“‘1 p. m.-—Frank leaves the factory.’ It looks mi<_rht\ nice on the chart. Turn that chart to the wall, Mr. Sheriff. Let it
fitay turned to the wall. That statement is refut' d by the defendant himself when he didn't realize the importance of this time
proposition.
“Frank’* statement at police headquarters, taken by G. C. Ubuary on Monday, April 28, says. ‘I didn’t lock the door that
moraine. The mail was coming up. I locked it when I started home to lunch at 1:10 o'clock.’
“Up >{0"s your alibi, punctured by your own statement when yon didn't realize its importanee. Yet these honorable frentle-
men, for the purpose of impressins; your minds, print in big letters on this chart he left the factory at 1 o’clock. If he swore
when lie was on the stand the other day that he left, the factory at 1 o'cloek it was because he saw the importance of this time
point, and had to leave there ten minutes earlier than lie said he had at the police station before he had had time to confer with
his lawyer, Mr. Luther 'A. Kosser.”
murderer frt
on such evidence as | rich un<*le did not care the snap of'
Continued From Page 2.
nold and Rosser would take off their
hat*
"I refer to Daniel Webster and his
argument In the K?u*tt ran*. ‘Time 1
identical. dH\s. hour a. are not vimble
to any of senses except t<> the school
ed. H** who speaks of days, hours
and minute* talk# at random.’ If is
better than I could exjue*# it What
about this tirne r ’ In this table h» r* .
minutes are moved tip and down, <<>n-
torted and twisted to protert this
man They say h# arrived at tin*
factory at 8:25. Frank himaelf in his
first statement said hr arrived at H:3<\
and poor Jim Conley, lousy, filthy and
dirty, said he arrived at S 30, • nriv
in* a raincoat, and they tried to make
it appear he didn't have on* 1 If the
truth is ever known, ho tried to bor
row that raincoat of I’rsonbaoh's to
create th* same impression.
: ' r Ido'■+;
“I know it hurts, but this table
her** which puts Lemmle Quinn at j
j the factory from 12:20 to 12:22 Is a
f; add on its far* There is no gfsatef I
fare** in this ra#e than their straining
• fi ptrtii ular point, with the ♦ *
• ; tion • f Hilly Ov\ enit’ pantomime,
j And. oh, what a farce that was!
"Gtehtlemen of the Jury, you need
not fry to consider their attempts to
I n* accurate about the time Quinn
says he was there. for Lemmle says
j himself he could not hr positive. H<
yavs he thinks he got t, .ere some time
between 12:20 and 12:30
Mentions Girl WIio
this 0 If you do, It Is time to stop
going through the process of sum
moning a Jury
“Perjury! When did old man
Starnes and Pat Campbell stoop to
that. And suspicions! Why didn't
w$ get old man Lee and Gantt In
stead of Frank? Why didn't we get
Conley? We tried if. byt there was
ibsolutelj no case against eithlf But
there Is a perfect ease against thi#
man Hut, oh. you cried Perjury.'
But It Is not worth fifteen cents until
you put your fingers on something
specific.
“And here, gentlemen, right before
your very eyes. In black and white,
the testimony oft his woman. Flem
ing. Shows that they perjured her.
“Do you tell me when that factory
closes on Saturday afternoons that
this man with the handsome wife
niv finger about the thin, gray line of
veterans
“Ah, yes. he had wealthy relative,
in Brooklyn. That's what old Jim
Comsy said he told him. And his
people lived In Hr
never would have known that if
Frank had not told him And they
had at least $20,000 In cool cash In
the bank; and he had a brother-in-
law employing two or three people,
at least, and we don't know how
many more And If his rich uncle
was not in Brooklyn, he was near
there.
All right, let’s go a step farther
them come down.' And then Frank '
knew that h*» would have to take this*
negro Into his confidence.
Shaking his finger at Frank. Dor
sey continued:
“And you told old Jim Conley to j
vnd old Jim pr And he tried to do It.
It is infamous to try to have Jim
Conley hanged for a crime that Leo
Frank did. Gentlemen, I haven't got
to the State's case vet; I am Just cut
ting away some of the underbrush
this defense h** planted in this for
est of oaks. They have played the
detectives. The only thing to the
discredit of the police department is
that It allowed Itself to be Intlml-
On April 2S he wired Adolph Mon- dated by the influence of this man
uig at the Imperial Hotel in New , and his friends and his big lawyers
York: ‘You may have read In At-
Would Di« for Frank.
"Ah, gentlemen of the jury, when*
ever a man gets to s\\ * urine too defi
nite and too specifically about time,
j then the words of our friend \V>hster.
(quoting j ;
which I quoted to you, are right—
“Mattie Smith at 9:20 * l .. . . _
from the table), and Frank and Mat- | /' , n ° ' '»
tie Smith both ,kv <t:30 Up rallo.l \ nd < Hn ' 11,1 VM* 1 onsider th
S.-blff at 10 o'rtiH k <r-a,lln* ngHln). , ,,f . a "W, vour f«u»o«
and vet thin man with all his mnthe ' 1 - * 1 * you la straining to set the exa .
math a) precision and accuracy at t rn«‘
figures, said he was el MontagV at 10 u "'J'-t s pass on front this. I will
o'clock! They say h- arrived hok at I hike the time to read you *»;erv-
11 o'clock, but in his first statement.
lanta papers of factory Kiri found
dead Sunday morning in cellar of
pencil factory.’
“Yes. gentlemen of the Jury. In the
There's
where he placed her, and that is
where he expected her to he found
And the thought of It welled up in
hi* mind that Monday morning. April
23. before he had been aYfested, and
he wired Montag forestalling what he
knew would certainly and surely hap
pen unless the Atlanta detectives
were corrupt and would suppress it.
Compliments
Detectives.
“But, be it said to your credit.
It is Starnes, to your credit, Campbell, and
that | you, too. Rosser and Black, that you
hat lie possesses, this college gradu
who likes to road anil play rard». i t . e|:ar , jf th , nc „ fa ,. torv
who likes to HPf. I rase ball games,
would spend his time there, vising the
data that Scbiff prepared on Satur
day afternoons when he could do it
Haturdav morning? No, sir. Miss
Fleming was right. She didn’t stay
there to work often on Saturday aft
ernoons.*’
The jury was allowed to retire for
a few minutes. When they returned,
Dorsey resumed his argument.
“Now, gentlemen, I submit that
this man made that Inance sheet Hai-
urday morning I am not going to
fatigue you with my reasons,
unnecessary. If he did make
he said It was 11:06. At 12:12 they
say Mary Phagan arrived at the fac
tory.
“Oh my. they have to do It. Like
ihe rabbit In Uncle Remus, they're
‘Just 'bleeged to do It.' Move the min
utes up or back, for Cod's sake, or
we are lost!
“But to crown It all! In the table
which is now turned to the wall 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 theie before 12
o'clock "
Arnold—Your honor. I must Inter
rupt No such evidence was ever
brought out. Those young women
testified ♦hat they left the factory at
11:45 and that they saw Lemmle
Quinn at the Busy Bee Cafe consid
erably after Mr Dorsey says they
* aw hlrn at the factory before 12 i
o’clock.
orsey —No, your honor, I didn’t say
any such thing They mnn t see him
there, and I don’t think anyone else
did.
The crowd laughed.
Arnold—Tout* honor, have we got to
take this whole crowd into this case?
Judge Roan —Gentlemen, there
must be order or 1 will clear the
courtroom
Dorsey—Find *he records They
will show 1 am rifht I have got
I^emmie Quinn's affidavit. I am Just
arguing this case on th«- evidence.
“Jim Conley Is a liar, is he? He
said Quinn was there and that he
was there before Mary Phagan came
Frank had a mighty hard time re
membering whether Quinn was there
When Quinn saw him Ht the police
station and said he had been there,
Frank said he would have to see his
lawyers before deciding whether or
not to mske it public.
“Is Jim Conley telling the truth
or telling a He? You can't go hot
and cold on him Why wm it Frank
wanted to consult his lawyers?"
Arnold—I will find the record.
Dorsey—Yes you can find It. You
can find where Quinn swore half a
dozen way*. He was the most anx
ious witness I ever saw on a stand,
except for old man Holloway He.
would tell that he was there if Frank
thing that Lemmle says he did. Let's |
pass on to the perjury ( barge which |
Arnold has so flippantly made. You
saw these witnesses upon th » stand.
You heard their words. You noticed
their manner, their attitude and thei*-
interest.
“Why, one of these ladies from the
factory wanted to die for this man
Frank."
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 her
employer that she was willing to di“
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 »f
mortal man to know that this pour
woman's anxieti to put her neck
into the noose to save him were bo**n
of something besides platonic love
"When vnu 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 he a passion
born of something beyond the relation
which should exist between a marrl'd
man an employer—and his wom.tr.
employee.
“Ah, gentlemen of the Jury, w“
could have got witness after witness
who would have ' r onc upon the stand
and sworn things about this man.
There were people who would have
perjured themselves There were wit
nesses who « ame uoon th 3 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 A Arnold. Re-
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 'hell preacher down
in South Georgia who h Lis 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 ruined and It rained until they
had more water than they knew what
to do with. Then the old hardshell
sheet oh Saturday afternoon, he did had the manhood and the courage to
it thinking of an alibi. Hut don’t tell do your duty and roll the charge up
me That because he might have done j to this man. protected as he was by
ssld tell it. He would keep quiet If preacher said: ‘Brethren, it looks like
Frank said no.
“Oh. gentlemen, let tne read you
what a great lawyer said on tnls sor*
of evidence. I read the words
Judge Loohrane
we have a.leetle overdone It.’ 8'
Montag must have whispered into
Hauer’s ear, ‘You have, a ieetle over*
11 done it.’
I “And, after dinner, this little boy
But was that
all? Why, gentlemen of the Jury, be
get 1 fore dinner that boy even remember-
do not take the mere words of j didn’t know anything,
witnesses I take their act
“And while I am on this subje
wai.t to read you another opinion: led where his watch lay
" ‘Evidence given by a witness has; “Do you believe that" Talk about
inherent strength which a Jury can ’ perjury! Willful foolishness, because
not disregard. But a statement has j an honest Jury knows that It was
none.'
Arnold: "Now. your honor, I have j
found the records and it bears ou; j
Just what 1 said."
Arnold read fr-»m the testimony of !
Miss Corlnthia Hall that she and Mrs ,
Freeman went to the pencil factory ■
at 11:35 and left there at 11:45
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 telling an un
truth. He wrote and signed a state
ment about Duffy’s injuries. I brought
it here and it was written in type*
Arnold: “Mr Dorsey asked her the writing and didn’t even have
his
qtlf'Xjlon. You saw Lemmle Quinn at
6 minutes to 12 o’clock?' Answer: T
i name on It.
“They thought we
'ould not find
don’i remember what time It whs. Hh Duffy and thought you didn’t have
told us he had been up to the factory
and saw Frank. He said he was go
ing to the matinee ’
“Lemmle Quinn swore several times
he was at the factory ai 12 2»),“ Ar
nold continued, “and here It is that he
said that he was in a pool parlor at
12:30. Just after leaving the factory."
Judge Roan “Mr Dorsey, have you
anything in contradiction to that?"
Dorsey: “Yes. I hav° plenty, that
doesn't scare anybody."
Arnold: “1 Just want to call atten
tion to tne glaring err r#. The little
one* ] don't care anything about. I
w'on't interrupt him except on glar
ing misstatements Life is too shop
Dorsey: “Yes. you will. You will
Interrupt me every time I am incor
rect. You are too shrewd, too anx
ious to let anything go by. Don't te!
this Jury you are going to let m« say
things that are incorr* t.
“Here is vour table turned to the
wall, having the time of Lemmle
Quinn's arrival at 12 2 • I have an
affidavit here of this pet forern.,: r
the metal department. He -
got there at from 12 to 12..< Taos-
girls went out of the fa< ’ r .
o'clock. They walked up a b k • d
down a block to the Buev Bee «'aff
Th»*re they naw Quinn
“In the name of goodnes
according to his own statement onl
leave the factory at 1 H» o'c* »ck u,
get home at 1:20, couldn’t nesu g.r.
Frank.
sens* 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.
“1 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 none in her presence w her.
thev cross-examined her. VVe don'*
contend Frank tried to seduce every
girl in the factorwy. But he did pick
them out He pi. ked out Mary Pha
gan and was called.
' Gentlemen, he got the wrong glr!
and he was called. And this stenog
rapher said she only knew what he
did to her. She testified that Frank's
business Saturday morning was to
make out the financial sh< - t Mr. At-
nold said immediately he didn't have
time and *-he Jumped at it like a duck
at a June hug Mr. Arnold was so
nervous he would not let me finish
the cross-examination, and interpo
lated that remark to guide her.
“It was unfair and not according
to 1 w and practice But he got
away with it And then she turned
right around and in the next breath
said that she had never said Frank
was working on the financial sheet
this on Saturday afternoon wfith
penmanship that showed no nervous- j
ness proves an alibi.
“If he could go horn** into the bosom
of his family after such an atrocious
• rime, he could have made that sheet
But he wouldn't have done it If Schiff
had not gotten up the data. He had
done It fifty-two times a year for
five or six years. If he would do ad
ditional work on that Saturday aft
ernoon. It could only have been with
a sinister purpose
Witness Afraid Even to
Identify Handwriting.
“In speaking of perjury, his mother
said anybody ought to identify his
handwriting."
Dorsey held up the photograph of
thf. sample of handwriting Frank
wrote for the police.
“Yet the man they put up to identi
fy his handwriting was so afraid he
might do Frank an injury that he
wouldn’t venture a guess Grant that
he did go home to his wife and those
old people his parents-in-law—and
maintain a stoical countenance.'
Grant that he did make that sheet,
which he could make up with his eves
shut. Grant that he did unlock the
safe, a thing that he had done every
day for years
“But when he went to run the ele
vator; when he went to nail up that
hack door; he wavered; he paled
when he talked to the police, and
trembled on Darley's knee as he rode
to the polb> station.
"He could sit in the hall and read
a joke about a baseball umpire, but
the frivolity annoyed the visitors at
his home, ft was the same kind of
frivolity Henry Clay Beattie displayed
when lie stood beside the automobile
that was stained with the blood of
his wife. His Joke was uttered only
in annoyance; it iarred.
“But whether or not he made up
thai financial sheet, while waiting for
old Jim to come and burn the body,
one thing I grant he did. Don’t for
get the envelope; don't forget the way
the letter was quoted, that letter he
wrote to his unde in Brooklyn, that
letter that begins: 'I trust that this
finds you and dear Tante well.’ He
had no wealthy relations in Brooklyn!
That old millionaire unde was mighty
near there when Frank told old Jim
Conley: 'Why should I hand? I have
wealthy relatives in Brooklyn!’
Dorsey finished reading the letter
and then said:
“Here is a sentence pregnant wdth
significance. It bear# the earmarks if
a guilty conscience. He wasn't trem
bling when he wrote. He is capable
and smart, hut here Is a sentence that
Is a revelation. Here is a document I
concede was written after little Mary
Phagan, who died for v -'uc's sake,
was lying mutilated in that dark cold
basement."
At this Juncture Mrs. J. W. Cole
man. mother of Mary Phagan. bega.i
to cry.
Dorsey read from the letter:
" 'It Is too short a time since you
left for snythlng startling to have
developed down here.’
' ’Startling' and ‘too short a time.
Those are the words that incriin -
nate. That little sentence itse ,f
shows thHt the crime was committed
In an incredibly short time.
“Tell me, honest men. courageous
men of GM ofglt, that this pnrate
penned to his uncle that afternoon
did not come from a stricken con
science. ‘Too short a time since you
wealth and influence
“And notice what else he said in
this telegram. Notice the credit he
gives to the police: ‘The police will
eventually solve it.‘ And he it said
to thee red^t of the Atlanta police
department, they did solve it. ‘As
sure my uncle I am all right In case
he aaks. Our company has case well
in hand.' Maybe he did think when
he got that fellow Scott that his com
pany had it well in hand.
“I tell you there Is an honest mnn—-
this fellow Scott. If there was a
slush fund in this case—and wit
nesses have said there was no such
fund—thi# man Scott could have got
ten it. Not at first, maybe, but he
could have gotten it later on But
Scott knew hl« duty, and he has done
it. No wonder Frank could telegraph
that his company had the case well in
hand, for Scott's first words could
not have suited him better had he
wished for them. They were. The
Pinkerton's always work arm and
arm with the police.’ This suited
Frank well. It was Just what he
wanted. He wanted to know what
the police thought he wanted to know
what they were going to do, and this
worked well, until the chain began to
tighten.
‘‘And Haas—and hp is nobody's fool
when he sa wthe trend of the case,
he opened the negotiations; he gave
Scott the opportunity by saying, ‘Now
let us have what you get first.’
“But let us pass on from that. You
ell me that letter and that telegram
are not significant? That the work
pp this financial sheet is no signifi
cant? That SchifT’s testimony as to
the work on that financial sheet is not
significant ?
"Frank himself was not satisfied.
He is as smart as his lawyers, too.
"He renllzed that he would have f o
go out and beyond the evidence, be
cause he knew It was all bunk; and
he tried to show’ you that he did write
the financial sheet Frank did write
that letter Saturday afternoon, and
he did write that telegram Monday
hut he did not do any work on the
financial sheet after Saturday at
noon. I ask you twelve men If those
documents and letters don’t bear the
Impress of murder?
“And they still cry perjury. I Just
thought of another case, when that
man could not identify Frank'# hand
writing that his own mother said was
his. That was perjury, and there
was perjury in the testimony of Bow
er and Lee. Mrs. Carson said she ha^
worked there three years, and Arnold
asked her a question that he would
not ask a younger woman. He asked
her about seeing blood around the
toilet and in the dressing rooms. She
said she saw it there very often. Then
she talked about Conley being on the
fourth floor that Monday. I pinned
her down to say that Frank was there
at the same time. It was then that
Frank leaned over and said. ‘Be a
good boy, Jim.' and Jim. remember
ing his wealthy relatives in Brook
lyn. and his promises of money, said,
'Yes, sir, boss; I will.’
“Surely the officers could not
suborn Conley at that time. And she
says she never saw the blood by the
water dooler. she said she didn’t look
at it because she didn't like to look
at things like that But another lad.
on the stand says she did go back and
Didn't Have Courage
To Put Frank in Cell.
“\Vhi>n thoy took him down there
guilty of this rod-handed murder they
didn't put him In a cell like they did
Newt I.ee and .Jim Conley. It took
time for them to get their courRge
up to the point of locking him up as
he should have been, t thl John Black
Mr. Ros*er likes to brag about
what he did to him—but he didn't
mak" so much off of him after all.
Black's methods are somewhat like
Mr. Rosser's If Black had had Frank
in the position that Mr. Rosser had
Jim Conley, this w'hole trial might
hnve been obviated with a confes
sion."
Dorsey turned and pointed at
Frank.
"You didn't get counsel a moment
too Boon. You called for Darley and
you called for Harris; you called for
Rosser and Arnold, and it took them
all to holster up your nerve. Gentle
men of the Jury, you know I am tell
ing you the truth. Th» only thing
agalnat the police is that thia man.
who had just snuffed out the life of
this little girl, was given too much
consideration. His able counsel and
the glamour of wealth that surround
ed him, overawed the police. I had
nothing to do with it, but I honor
them for the way they went after
Mlnola McKnlght I don’t know
whether they want me to apologize
for them" nr not; hut do you think
that in protecting the people from
such crlmea as this the detectives are
acting like they are at a tea party’
"Should they have the manners
of a dancing master? If you do, you
don't know anything about it. Once
get an old 'possum dog on the trail,
and you can't call him otT So It is
with Starnes and Black: they knew
Albert McKnlght wouldn’t have told
those young men at the Beck ft Oregg
Hardware Company that story about
his wife unless it were true. They
went after Minola. They stuck to
the trail. They smoked her out.
Minola's friends got a writ of habeas
corpus. Do you think if Mr Haas
had come to me with a writ of habeas
eorpu.s to release Frank I v. ould have
done it? I would have said it was
none of my business.
"The next time the police have to
use strong methods in an effort to
protect the people by going after a
red-handed murderer. I won't usurp
their authority or the authority of
the judges. I haven't anything to
do with the police department, or the
functions of the judges. I am re
sponsible only for the office of So
licitor General for the term to which
I was elected. I honor Mr. Charley
Hill; I am as proud that I have suc
ceeded him as I am that I was given
this place by a vote of the people.
He was honorable and Rtrong; but I
tell you gentlemen, no man is my
pattern: I follow the dictates of my
own conscience.’’
Tears Come to
Dorsey’s Eyes.
Mr. Dorsey raised his voice and
tears came into his eyes.
“If there is one thing I am proud
of during my term of office, it is that
I joined hand and glove with the po
lice; and when your influence (turn
ing to the defense) tried to get Jim
Conley indicted by the grand Jury. I
stood out against it. If that is trea
son. make the most of it. If you
don't want me to do it. get somebody
else.
“Mr. Hill was a noble man. He had
the courage of a Caesar and the elo
quence of a Demosthenes. I have
wished a hundred times that he was
here making the speech to you that
I am making.
“He would have stripped the hides
Opf of you (pointing to the defense).
Such taJk as that doesn’t terrify me.
It doesn’t distort) the serenity of the
conscience In everything I have done
in the prosecution of this man. Let's
get back to the talk on perjury.
“Don't get up here and call every
body a liar without giving the spe
cific Instance#. Take the evidence
of Mrs. Small. She said she saw
Frank and Miss Rebecca Carson
left for anything to develop down \ promises hack of him. would he have
here.' gone back to that factory every dav
“What do you think of that, honesi and remained there until Thursday
men? Then notice what he writes
about the thin, gray line of veterans
facing the chilly weather, as If that
old millionaire uncle of his traveling
around Germany for his health, a# if
lie cared for these old heroes In gray!
Ample and reliable authority f*tv#
hat over-expression Is an Indication
They ssld they were going to put Ut>
all the girls on the fourth floor. But!
they didn't do it until we called their !
four-flush and put up witnesses who
corroborated their witness. Mis* Jack. '
son. about the misconduct of this
man.
Miss Small, also on the fourth |
girl go t«
► n. can y.u let a poo* I
her death and set her
look at It; tnat she was with her. t
“But bark again to Conley. If n a | walking along and that she stopped
had committed that crime and had Frank and had him (). K. a ticket,
not had Leo M. Frank and his j Mhe said it was Miss Rebec* a Carson
she was with. She says that Mrs.
Carson was not there at all. Mrs.
Carson said she was there. Mrs.
Small said she saw Conley standing
up there by the elevator and that
Frank must have seen him—that
Frank passed within 4 feet of him.
Bhe says thnt .Tim was doing nothing;
that he was standing by the elevator
with Jiis hand on a truck.
“Mrs. Small also tells us that the
f guilt. Tell me that this old man. floor, corroborated Conley She said j elevator shook the entire building,
who was Just preparing to sail for i she saw him on the fourth floor Mon- She said he couldn't helped but hear
Europe, eared for these old heroes in | day. Now. why did Frank go to the , t if the marhinery was not running,
gray—this wealthy old man who! fourth floor so often Monday and She said: You might not hear It
wanted to see the financial sheet, j Tuesday? Because he knew Conley if the machinery was in full opera-
Too short a time’— yes. he said it was j was up there, and he wanted to \t j firm, if you were not peving atten-
too short a time for anything to de- sure the negro was not Hiking. Con-j tion to it. but If you l'stened you
velop down here. But, gentlemen of } lev told Miss (’arson that Frank was
the Jury, there was* something start-J as innocent ns an angel In heaven.
We said he Was m rely doing what
he had promised to do—protect his
employer. Mr. Rosser characterized
the statement as a dirty suggestion
ft was, and I accept it. but it is tru~;
and you men would not s’, t here a he,
see that negro hang for a crime Let
M. Frank committed.
“When Conley went up to the sec
ond floor in response to Frank’s sig
nal. Frank said. 'Did you see an'’
thing?’ and he said. I **w two gi
ling to develop, and It happened with
in the space of 30 minutes There is
nothing new in the factory to report,
but there was something new In the
cellar. • There was something to re
port. and the time wasn't too short
for it to happen.
You tell me that letter was written
in the morning’’ Do you believe It?
Why. they haven't even tried to say
th:;’ 1 tell you that that letter shows
fa.', that something startling
had happened, and I tell you that that | come up, but there ain’t but one
could hear it.'
“Now here is another thing. Mrs.
Carson had already sworn positively
that she never went back Into the
metal room to see that blood. Mrs.
Small said that on Wednesday a
crowd “f them from the fourth floor
went down out of pure curiosity to
she those spots, and when I naked
her who w« nt with her, lo and be
hold the first person she mentioned
was Mrs. ( arson. She said she was
sure she was there; sh,» knew she
was there And when I asked why
they went th.ru, and why Mrs. Car-
son went there particularly, she said
'Curiosity sent us.'
Somebody Has
Lied, Dorsey Asserts.
“Now, gentlemen of the Jury, some
body. and I put it up to you. has lied
If this case is founded on perjury, it
has been boiled until the pot is black
“The truth is, there has not been u
single instance where evidence was
needed that someone has not come in
to bolster it up.
“Now. let's pass on a little bit. I
want to discuss briefly the writing
of these letter# found beside the body
of the girl. If these letter? 1 were not the
order of an overruling Providence, 1
would agree that they were the silliest
thing 1 * I ever heard of. But. gentle
man of the jury, the#* 1 note# bear an
intrinsic knowledge of this crime.
“This man Frank, by the language
of these notes, in attempting to flx
the guilt upon another, has indelibly
fixed It unon himself.”
The Solicitor repeated this statJ-
m^nt
“The pad, the paper the notes were
written upon: the fact that there was
a note fixed the guilt upon him. Tell
me that a negro who, after having
killed a white girl, ravished and out
raged her. would have taken the time
to have written these notes? And
even If he did write them, tvould e
have written them u on a scratch pad
which 1b found only in an office?
“You tell me that a man like Jim
Conley would have ravished this girl
with the knowledge that Frank was
In the house? You tell me that this
Jim Conley, even though he has been
as drunk as a sot could be. would
have taken the time to write these
notes?
“I tell you, gentlemen of the jury,
it can not be true.
“You say that the fact those not^s
were written was foolish. It was fool
ish. but it wa* a mistake. Murder is
a mistake. What man ever commit
ted murder who did not make a mis
take? And what man making the
greatest mi.:take in the world would
not make a lesser mistake in trying
to cover up? Those notes were the
lesser mistake.
“Scott said that when Leo M. Frank
talked to him about the girl coming
to the factory and asking him about
the metal that he said. 'I don’t know.’
And now he say# that he told her,
‘No.' Arnold recognised the damage
in the statement ‘I don't know' get
ting in.
“Language of Notes
Clears Conley.’’
“Leo Frank said in his statement
again and again ‘chatting’ and 'chat.'
Conley said that when Frank told him
he wanted to watch for him thjt
Frank said he wanted to have *
‘chat.’ Jim Conley said here time an*}
again, 'I have done it,’ but In the
notes found near the body he said,
‘did It.' Do you tell me that negn
would have written the word dll’
unless it was dictated to him?
“Do you tell me that negro won’t
have taken the time to carry that girl
away back there and hide her body if
he had knocked her down the hole,
and then stopped to write tho#e
notes?
“No,” shouted Dorsey, turning *o
Frank, “that child was murdered on
the second floor and you wanted to
get her into the cellar. Just like you
found her In the cellar, as you said in
that telegram to Montag.
“Conley said once in his statement
that when he met a man on the street
that he knew, the man looked at him
he though he though ‘I done it.’ Con
ley used that expression at least
twenty times. He said ‘I done it’
when he closed the door, and in sev
eral other places I can't find just now.
He didn’t use the word 'did' one time.
“In the first note, the expression
'I went to make w r ater and that long
tall black negro pushed me down the
hole.’ You knew that toilet was hack
there on the second floor (addressing
Frank), and you knew that was
where that littie girl met her death.
And you knew that metal room wa#
right back there, too.
“You tell me that negro would have
written those words. Where was It
she was going to make water on the
first floor? Yet you tell me there is
nothing In circumstantial evidence
when these things creep in.
“When you wrote this note (turning
to Frank), you said yourself that you
had the original of the note before
you. and you said yourself that you
knew Conley could write because he
had written you time and time again,
trying to borrow money, and yet you
sat there with the original of that
note before you and Conley’s own
handwriting, the handwriting you had
seen often enough to be familiar
with it. and you didn’t tell those offi
cers that Conley wrote the notes.
‘“I don’t want you to convict this
man unless you believe him guilty
beyond a reasonable doubt, but I
don’t want you to let your verdict be
governed by the opinion of a crank,
but by the facts.
“Arnold and Rosser would say fre
quently. ‘Arc you going to convict
this man on that, on this?’—select
ing some little isolated point.
Chain Strong Enough.
To Hang Anybody.
“ Well. I don’t want you to. but on
ii 11 the facte the chain that is un
broken and not by Isolated instances,
and I say that when you take them
all together you have a cable that
ought to hang anybody.
“I don’t ask that he be convicted on
this Isolated instance or that, hut all
bound together make a cable that is
as strong a# is possible for the in
genuity of man to make.
“I don’t know whether the state
ment of Frank’# will rank along with
that statement of the celebrated
pervert Oscar Wilde, or not. He Is
brilliant. If yOli take his statement
nnd just follow it v<>u never would
convict him. You never would con
vict anyone thnt wnv. But listen to
^ [ #a t I n y >
ne> ’ it had t ent
low much that was. We don't know
low hie a roll it could have made,
hough Jim Conley said he saw a roii
>f 4200.
“And he was trying to get old Jim
o g' down into the basement end
burn the
body of that little girl. Just
hs sure as the smoke curled front t!
stack toward the heavens, old Jim
would have been there without a
shadow of n defense. Frank would
then when she w s dead had to*get his
' hooks to find out her name? He
! coveted that little girl way back in
' March. I have no doubt those little
; uirls sv ore the truth when they said
they saw him
have been there
with the detectives •
Jim would have
hanged for a ur'me i
that ♦hi# man c
ommitted in hi# lu**t. i
“But old Jim
wa9 too vise. He!
pr
! 0l(
wrote the notec.
but, drunk or sober.
he wouldn’t be e
ntrapped like that. I
i VO
do not doubt that when Frank hand- i
wl
ed him that roll
Of money it was like j
th
the kiss of JuE
as Iscariot when he 1
kissed the SaVio
ir. and then betrayed
Him for 3ft piece
s of silver.
1 if
“I am going t
o show you that this
be
man had long
planned not murder.
to
hut to get thi#
little girl to yield to
hi# lust. Let m<
i do it now.
“Back yonder
in March this little
Turner boy #a
w him making ad-
1 Hi
vances to Man
• Phagan. Did that
innocent little t
»oy from the country
I it’
(n
lie? This little
girl that came here
from the Hr.me of the Good Shepherd,
she heard Frank speak to Mary Pha
gan and put his hands on her. H o
may have lost her virtue, but she B
nothing but a child. Did she lie, this
little girl?
Quotes From Same
Poem as Rosser.
“Then there is Gantt. He quit the
factory rather th#fl make good ri ’oi
ls r that whs charged he wAp short
Did he lie about Frank’s inquiring of
the little girl? Yesterday .Mr. Row??r
quoted from a poern of Bobbie Burns
the. line Was. * ‘Tis human to step
aside.’ I want to quote a line from
that taitoe ; * m *Tl i no t< ini
what a man will do w hen he *has the
lassie.’
“When convenience is snug. T tell
you gentlemen, there ie no telling
what a pervert will do when goaded
by his passion. You toll me thl# bril
liant young mnn. who looked over
that payroll 52 dimes a year, saw the
name of Mary Phagan every time
making advances. I
vould not be surprised if he did not
tang around and try to get her to
PH I would not be #urprised if he
idn’t get Gantt out of the way be-
u#e he was an obstacle to hi#
t*eine.
Ife knew the day before *ne was
•obwhlv coming He went and told
d Jim Conley, who had watched for
.’i so many Saturday afternoons
hile you Hh'! S Miff were mnking up
en Helen Fer.
i fof Mary Pha-
n .w money, 1 wouldn’t be surprise 1
he did not refuse to give it to her
ause he had already told old Jim
come and watch.
“Frank’s plans were fixed. Ah, gen-
rmen. then Saturday comes, and it
i • at old Jim tSlll.
; it : .s- lifcft this.’ »Ie
>esn’t say, ‘I did.’ He says he ‘done
1 lust ns the brilliant factory super-
. u ndent told him to. This thing
i passion works in a terrible way. Good
i„- 4 ,pie don’t know how the mind
ertln< works They don’t know
• f the planning, plotting and waiting.
1 Wnv Lack in March Frank had his
P \, s upon her. He was Infatuated
| w ith her and did not have the will
| power to resist.
“You can twist and wabble all you
1 want (Dorsey turned to Frank and
tho.»k his finger at him), hut you told
]■••*. .Mivr Scott that you did not know
•' lat you have
s,.id here, n 'withstanding what your
• r
“And tell m* . gentlemen of the
iurv bus this little Ferguson Hd
lied? Has she been suborned by
St rnes? Has he ( ome here and de-
, liberately perjured herself? I tell you
• that is a charge that ('an not stand.
rive H leu Ferfusofl
v< is an indlca-
- fl | ’‘ : *’g. And i i
Tim Conley’s tale will stand, for
Frank himself corroborates Conley in
i many things.
AN ANNOUNCEMENT
OF VITAL IMPORTANCE
TO PIANO BUYERS
THE WESTER MUSIC CO., 64 Peachtree Street, De
sire to Announce the Opening of Their “Once-a-
Year” Clearance at 8:30 Monday, August 25.
PIANOS OF HIGH GRADE AND
ACKNOWLEDGED REPUTATION
Our Entire Stock Sacrificed—Everything Goes—Noth
ing Reserved—Every Person Interested in the
Purchase of an Instrument Should Read
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 Pleas-
ing as the Prices. Opening Evenings.
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
confidence, making a plain statement of
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 numoer of discontinued
styles, sample pianos, rental pianos, etc.,
will accumulate during the year, besides
countless numbers of good used pianos
taken in exchange for grands and f lay
ers. They are in first-class condition,
ami must be disposed of to make room
for large shipments of fall goods
already beginning to arrive. In
order to open the fail season
with an entire new’ stock, we have de
cided to include in this sale every in-
I strument in our building, grands, up
rights and players, including such well-
known makes as A. B. Chase, Chicker-
ing & Rons, Knabe Brothers, I vers A-
Pond, Kurtzmann. Kranich & Bach. Bush
' & Gerts, Hoffman and others. In play
ers. A. B. Chase Artistano (grands and
; uprights), Emerson Angelas, Kurtzmann
Angelus, The Angelus, The Auto de
Luxe, The Autopiano, Koehler and New-
j ton.
Ruch an array of high-grade instru
ments, numbering between 350 and 400,
has 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 possible for
any family to have an instrument in
| their home, as our low prices and easy
j terms place them within reach of all
Your credit is rood at The Wester Mu
sic Company. Tf you do rot care t • pay
cash we can arrange terms to suit yoltr
convenience.
One Price; Plain Figures.
Fvet*y piano will bear two tags, one
will be our regular one price tag. the
Other the clearance sale tag. Thus you
may sec at a glance just what can be
saved on your purchase. Look for the
blue tag.
Here are three sample pianos. Large
size mahogany cases, fully guaranteed.
Instruments must he seen to he appre
ciated. Regular price $275, .your choice
T»
over.
Dors* 1
Hr
been
41.10U.
read from Frank's statement
wasn’t talking about the pet tv
Dorsey continued. “He was
about the money that had
*' r ‘ over from the pavroll >T
We don’t know to thi# day
standard grade upright cabinet
grands, mahogany, <>.ik or walnut; fuilv
guaranteed. Regular price $300. y. uY j
choice of thfee different styles hih! i
I n:aj<cs
I Five standard makes. Five large size
uprights, mahogany or oak cases, new
styles, guaranteed for ten years, regu
lar pr! e ?350, your choice $236 $10
cash and $6 per month.
tr ""' ' slse cabinet grand upright '
*s. mahogany or dark oak
guaranteed, regular price
are going at $246; $10 cash
They are new.
iprjghts; vour choice
Five
am pie
Tt
month
*ffer
ten years: th
make*, regular p-ice 3375. They
standard makes. Y„ur choice for
Easy terms.
Vive large sise cabinet grand mahog.
ari.t eases; three different styles and
makes, guaranteed for ten years; regu-
Iar price !400, yt.ur choice $276; $li
cash and $, per month. They are new.
cases Slz 1 u P rI Shts, mahogany
™t 8 ' , ‘Rffcrent styles and makes,
d f< i r te . n >' ear s; regular price
«n°’J e prlr, \ J - 92 ' Eas >' Payments
can be arranged.
h 2i^ r la r Ke size, mahogany cases,
nf.fr ^?“ es: ..I ully guaranteed; reg-
hnt Sightly shop-worn,
but absolutely perfect. They will be
taken quickly at $203 y
Six large siae upright cabinet grands,
cases ret','? ma U' ftany iln ' 1 walnut
$30* »S1^M r i. Pri S?M* 550 - your ch0l( ' 9
Three hi J * , Fu,,y guaranteed.
hoTent h gra(,e enrantl pianos, m«-
SnfLT*' r f*“'«* r Pries $700, $77,0
and $800. your choice for $466 $612 and
are.„ew Uar 5ne e s d tJh r wa t y n s,rg e h a t r I 8 y 1^7
regular price tT.fi
appreciated. will he ofterM at ou?
nfan WinJet’ 0 ’ 1 ']’' L f , yow a * ran ' 1
piano, don t miss this opportunity.
Nine player pianos, mahogany'cases
firmer ss hP c n SW 111 * **"rn? buTiri
Thev '• re “G.L'i 0 . 11 ' Snme are new.
TUe te . guaranteed for five years.
Tl e best makes are Included. Regular
IROti m n ,°°’ * 70 "- ,7 "° nnd
i ‘M “°-note nnd new styles Your
Choice, ,416. $366. $306. $436. S487 $612
the value's ^ U ‘ e pianos to appreciate
man,'! 'fl*® ! ,7S . mahogany case plaver
' ,' s ’r n e °f Jhr h est makes, regular
gain for $' 2 r,6 ,,Rhtly "S'"’' A W bar-
Oa l 'k ft \,. J m K ! ltly used upright pianos.
rase„ I mu,*; , U 1 * V' Kany and ebony
\Go c ], lr ], ,hia lot be found
e. T fa '\, ‘ r', l s Huilet Sr Davis, Kranich
G wet *T' r , £ Ewing. Packard
* '. ipr,s: Knnhe Bros.:
.the™ Mni.'"T Eooper, »,,ff ma n and
new TbfvG of nre as good as
new They are all In splendid condl-
; V-n* V° r prices ranging from $370
fr ,"'V" .r°;i. r .while they last
e, v ; 1® **"*• . Tl»«r are guaranteed
<1 >u ran mak# no mistake hi se-
■ 1 u ny one of them. \ny second-
! " 'V fell v i.Ebe taiten
111 on » y«*r and apply the
P ■ > a* part payment for a new piano.
Second-hand Organs.
r,e«XVT.-r ven ..e. r * a " f > P including f'nr-
!r„ Ts, l.sfejr * white. Pack-
Got tags, Kimball. Mason
r- f „ n i • n . *' Former prices
»*'•'' i" Y °ur ,'hblce for $12.
-.1 $S7, $42. All in
goj<i order and guaranteed.
'' ’ ' ' ’ rotlftd rm nnr
; ... M , Mr personal guarantee gnn#
, ’’ ■ instrument. Remember that
• 'an arrange easy payments, if you
Out of town
oiorrs I- vop special attention.
■' ' :rpha«. r living nearer Macon
? ' Linta will find the same bar-
; ' * J]’ ,r •'‘lore. No. 157 Cotton ave-
hitc. Macon. On
r.,“' u H !"-• opt-n evenings,
V HTFR AfTtSTF COMPANY,
«--Beachtree street, Atlanta. On.
llM Cotton AvHWifc AUslull, Ga.