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♦ 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.