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* * 2 A IIEARST’S SUNDAY AMERICAN, ATLANTA, GA„ SUNDAY, AUGUST 24. 1012. DEATH PENALTY DEMANDED FOR LEO M. FRANK \ TENSE i mm. ni m tin court mom yi'stcrday when Solicitor Dorsey was denouncing Frank in his dramatic plea to the jury. Numbered in the picture are (1) Solicitor Hugh M. Dorsey, (2) Chief of Detectives Newport Lanford, (3) Attorney Reuben +~\ Arnold of conns. 1 for tl > <1 f. use, (4) Luther Z Rosser, who has had charge of the battle for Frank’s life; (5) Mrs. Leo M. Frank, wife of the defendant; (6) Leo M. Frank, whose rate will soon rest with the jury; (7) Mrs. Ilea Frank, his mother, and (8) Judge L. S. Roan. DORSEY CHEERED AFTER HAT CLOSING SPEECH been attacked and strangled to death was Mrs. J. W. Coleman, mother of Mary Phagan, that she collapsed utterly and wept. Frank’s young wife was affected by the scene and she laid her head upon the shoulder of her accused husband and cried for sev eral minutes. The very manner,in which Frank had borne himself during; the long trial was used by the Solicitor against him. Such remarkable nerve and effrontery ho declared he never had witnessed before in a court of justice Dorsey thought it merely was one of the outcropping characteristics of tin* 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 h mater »*f world-wide knowledge. When he was Interrupted by ad journment, the Solicitor was far from Ibd • nd of h is arguraent ! !•• had taken longer than he expected. lit* hail paused longer on certain aspects of the cast than he had lnteded. It seemed probable that he would re quire most of Monday forenoon to conclude his address. Scoffs at Frank’s Alibi. Attacking the main points of Frank's defense, he came out boldly with the declaration that Frank’s alibi was no alibi at all. H e said that the whole of Frank's alibi prac tically hinged on the testimony of Miss Helen Curran, of No. ltU) Ashby street, who had testified that she saw the young factory superintendent waiting for his car at Whitehall and Alabama streets Saturday afternoon At l<< ant Dorsey dramatically h the statement of Frank id made on the first day detained at police head- this," he said shaking the the eyes of the jurymen. >ted front Frank's state- read : ook the door that morn- nail was coming up. 1 hen 1 left for lunch at Makes Charge of Perjury. -There goes your alibi, said the Solicitor. “It was punctured by your •wn statement made before you real ized the Importance of the time ♦ le nient." Dorsey characterized as perjuries the statement of the Curran girl, that of Miss Fleming, a former stenogra pher; that of K. F. Holloway, day watchman, and that <>f Charley l,ee. He threw the suspicion of wrong doing upon the character of the young Newt Lee’s house, the pay envelope, the rope and the club on the first floor of the factroy were plants. He said that Frank's statement in a letter to his unable, written the aft ernoon of the crime, that “nothing startling had happened,” while in tended to be self-serving, was In real ity self-accusing. Referring to the notes found by the girl's body, hi* called attention to the use of the word "did." He said that Conley always said "done," and that if ■’did" was used in the notes they must have been dictated by someone He added that the reference In the notes t ■' the toilet on the second floor was a strong indication that the mur der had teen committed there. The Solicitor charged that Frank had been endeavoring to force his at tentions upon the Phagan girl for weeks and that his advances culmi nated in the brutal attack of Memo rial Day. Gives His Theory of Crime. Resisted again. Frank, in brutish fury, struck donw the girl, accom plished his purpose, and then, realiz ing his position, sought to escape being identified with the attack by- winding a rope about the girl’s neck and strangling her to death, accord ing to the graphic words of the pros ecutor. As the hour passed noon, the Solic itor began to show signs of fatigue. His spirit was as indomitable and fiery as ever, but his features grew a bit haggard and the weeks of tire less work on the case began to dis play themselves more plainly on his face At 1:30 he asked if there might not he a recess, as he was about ex hausted. There was a side bar con ference between the attorneys foi both sides, and Judge Roan an nounced that adjournment would be taken until Monday. It was thought likely that Dorsey would finish about noon. The judge’s charge probably will occupy an hour or more, and then the case will go into the hands of the twelve jurors. AUTOIST IS RUN OVER BY HIS OWN MACHINE 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 weapon*, 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. “All 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. _J LIMA, OHIO, Aug 23 Mary Cala- han. 22, submitted to a surgical opera j Hon In the Chief of Police’s office to day, and it is hoped Mary’s thirst was j cut out. literally and figu ratively. Several years ago she was shot In J the Jaw. A splintered bone lodged against her palate, creating a contin uous desire for drtnk. She Insists the I desire was for strictly alcoholic drink | and that she had tried g*ape juice tn vain. Since that time Mary and her I tickling bone have given the police a ticklish time. Chief Ernest May consulted with City 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.’ matic:<.! tion of and ha die in 1 looked ' Dors# nocence on I her will! The Soli,- ending to ard Leo Fi led time n defense 1 the rotate’ ul h fail** harac them to do it. *«n afraid of th ould ensue. ssertg Shirt W*s barged tiiat the bl and ’Plant.’ put ters. at j wool JOLIET. ILL., Aug. 2S. Because s cranked his automobile while it as in gear, Harry Lewis, a Joliet inker, was run over and badly in- irt'd. Lewis was in a hurry to take •me friends to the Union station and •gleeted to inspect his gears, the aehine would not spark th*» first w whirls of the crank, so ho opened ie throttle wider, one of the friends tie exhilarator to help mat- now Lewis has been two the hospital. 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 Federal Prison at Atlanta, offering to serve the remainder of their sen- j tenues, and states to d<* so would give j him "the utmost pleasure." EX-BANDIT GETS RELIGION; COLE YOUNGER CONVERTED I.EKS SUMMIT. MO.. Aug. 23.— Dole Younger, once a bandit, became a member of the Christian Church at Ju 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 Leo M. Prank. Here it is as tlie 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. "I was speaking to you yesterday of the charac ter 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 ladies, refutes effectively and absolutely the claim of the defendant that he has a good character. Says Defense Had Right to Refute Charge. "As l 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 men seeking to get at the truth that they did not ask those hair-brained fanatics, ts Mr Arnold calls them, questions about Frank’s character because they were afraid, and those witnesses, as good as any the defens * 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! “!t verv 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. •*l have shown >ou that under the law they had a right to bring out all those things. You saw they dared not do it. Let’s 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- i pie and those In charge of the Revp- I 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 between Wilde and his son, Wilde had tne ef frontery and the boldness to sue him for damages. A suit in retal'atlon re sulted In the conviction of Wilde for criminal practices. Yet. wherever the English language is spoken the ef frontery of the testimony on crows- examination of this man—an effront ery typical of this sort (turning to Frank)—will always be a matter for deep study for lawyers and for peo ple Interested 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, lie 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 wh^u Oscar Wilde was an old man. g.ay-haired and tottering to the grave, he confessed to his guilt. Prominent? Why, he was one of the most prominent men in the world! WJiy, he came to America and found ed the esthetic movement here. He raised the sunflower from a weed io 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- tendant’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 pool girls wdth whom he came in contact brought him to the penitentiary. 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 proved. “And crime is alike with the rich and poor, ignorant and learned. Take an ignorant man Mke Jim Conley He is the man who commits the petty crimes, but take a man with high in tellect, Mke 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 w ife 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 br*l- liant future. He was engaged to one of the wealthiest and most beautiful girls of Boston, but entanglement with a poor little girl caused him t*. fear for his good name and he so fa.- forgot his good character as to put this poor little girl to death. Even after his conviction in the last davs 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 -law’s of God and man and of his <'ountry. "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 w as j used, a courageous, honest Virginia jury upheld justice and sent that man to death. And he n^ver confessed, hut he left a note saying he was guilty. Likens Frank To Dr .Crippen. "Orippen, 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 Frank) 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 lime of its commitment, and the range of evidence must be such as reasonably to exclude the pos sibility.’ "The burden of carrying this alibi rests on the shoulders of this defend - 1 ant. They must show t-o you that it i was impossible for this man to have | been at the scene of the crime—an ! alibi, while the best kind of evidence if properly sustained, otherwise Is ab- solutely worthless I am going to show* you that this man’s alibi ! s worse than useless. It is no defense at all. "I want to give you the definition of an old darky of an alibi. It illus trates my point. Rastu.« 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 m.—Frank leaves the fac- vvall. 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- j quarters, taken by G. C. Febuary on ; Monday, April 28, says, ‘I didn’t lock ; tne door that morning. The mail w as 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 I realize its importance. Yet these j honorable gentlemen for the purpose ' of impressing your minds print in big letters on this chart he ieft the fac- j 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 j It was because he saw the importance of this time point and had to leave there ten minutes earlier than he said he had at the police station before he had had time to confer with his law yer, Mr. Luther Z. Rosser. "I quote: ‘I left at 1:10.’ Right here let me Interpolate. This man never made an omission from the be ginning to the end of this case. Where he knew a person was aware that he was in the factory at a certain time he admitted 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, 1 don’t know who introduced it, and I hope 1 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 w’itness swears to. And. gentlemen of the jury, anyone who looked upon that little girl noticed her bearing up on the stand, the slightly unusual manner and her connection with* 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 was brought here, then I 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 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, which is in direct contra diction to Frank’s story. "On this time proposition, l want f 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 of 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 Mver 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 dog. and the next day more are left over So this waste accumulates, clog ging 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 system. / JACOBS’ LIVER SALT Immediately flushes the stomach and Intestinal tract and washes away every particle of waste and fermentation; It purifies the Mood 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 tlon no need of an after-cleansing dose of oil. It acts quickly and mildly; never forces, gripes or nauseates. It offer 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- U<>BS’ LIVER SALT. 25c. If yours can not supply you. full sine Jar mailed upon receipt of price, postage free. Made and guaranteed by Jacobs Pharmacy Co., Atlanta.—(Advt.) P-R-I-N-T-O-R-I-A-L-S ■ No. 224 The advance agent of Prosperity is in our midst! Already CALL BUSINESS is “looking up”—already there is a subtle feeling of “GOOD TIMES" in the air. Have YOU prepared to take advantage of the increased opportunities for bigger and better times? Have you given your FALL PRINT ING the attention it de serves? Phone for our representative to call. No time like the present to plan your PRINTING Printing Co. Phones M. 1560-2608-2614. 46-48-50 W. Alabama, Atlanta.