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TIE ARST’S SUNDAY AMERICAN, ATLANTA, GA., SUNDAY, AUGUST 24, 1913.
SOLICITOR’S CLOSING ARGUMENT A MASTERPIECE
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.
Continued From Page 2.
nold and Rosser would take off their
hats
“I refer to I>aniel Webster and his
argument in the Knott can®. ‘Tirrw* is
identical, days, hours, are not visible
to any of senses except to the school
ed. He who speaks of days, hours
and minutes talks at random.' It is
better than 1 could express it. What
about this time? In this table here,
minutes are moved up and down, con
torted and twisted to protect this
I walk up a block and down a block
| an*l set Quinn in fifteen minutes?
“I know It hurts, but this table
here which puts Lemmle Quinn at
the factory from 12:20 to 12:22 is a
fraud on its face. There is no greater
farce in this case than ti.elr straining
at this particular point, with the ex
ception of Dllly Owens’ pantomime.
And, oh, what a farce that was!
“Gentlemen of the Jury, you need
not try to consider their attempts to
be accurate about the time Quinn
says he was there, for Lemmle says
himself he could not be positive. H
They say he arrived at the 1 says he thinks he got t .ere some time
factory at 8:25. Frank himself in his
first statement said he arrived at 8:30,
and poor Jim Conley, lousy, filthy and
dirty, said he arrived at 8:30, carry
ing a raincoat, and they tried to make
it appear he didn't have one If the
truth is ever known, he tried to t
between 12:20 and 12:30.
Mentions Girl Who
Would Die for Frank.
"Ah, gentlemen of the jury, when-
:i man get* to swear ng too defl-
row that raincoat of rrsenbach’s to j nite and too specifically about time,
create the same impression. j then the words of our friend Webster
"Mattie Smith at 9:20 (quoting | '
from the table), and Frank and Mat- ,
tie Smith both say 9:30. He called , , .
Sohiff Ht 10 o’clock <reading agi.ln). man whom your reason
an.l yet this man with all his mathe- I tells you U straining to set the exu
matlcal precisionland accuracy at
figures, said he was at Montag s at 10
o'clock. They say he arrived hack at
which I quoted to you, are tight—
is not to be relied upon.’
And can you truly consider the
I time
"But let’s pass on from this. I will
not t ake the time to read you every
U t lilt l\. I Iir,r If mini , . , . , T . .
11 o’clock, but In his first statement 1 <hmg that Lemmle soys ho did. Let s
he said It was 11:06. At 12:12 they j pa™ on to the perjury charge which
Arnold has so flippantly made. You
saw these witnesses upon th. • stand.
You heard their words. You noticed
say Mary Phagan arrived at the fa<
tory.
“Oh my. they have to do it. Like! ., . .... . . ...
the rabbit In I'ncle Remus, they’re I ' h, ’' r manner, their attitude and their
•Just ’Merged to do it.’ Move the min- ] , ., ,
utea up or back, for Cod’s sake, or " »V. ” nP /’! these Indus from the
we are lost' I factory wanted to die for this man
But to crown it nil! In the table | ^ titter of laughter ran around th^
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
11:46 and that they saw Lemmle
Quinn at the Busy Bee Cafe consid
erably after. Mr. Dorsey says they
saw him at the factory before 12 i
o’clock. *
orsey—No, your honor. I didn’t say
any such thing They oion t see him
there, and I don’t think anyone else
did.
The crowd laughed.
Arnold —Your honor, have \\«- got to
take this whole crowd Into this case?
Judge Roan—Gentlemen, there
must be order or 1 will clear the
court room
Dorsey—Find the records They
will show I am right. 1 have got
Lemmie Quinn’s affidavit. I am Just
arguing this case on the 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
\Vhen Quinn saw him at the police
station and said he had been there,
Frank said he would have to see his*
lawyers before deciding whether or
not to make it public.
"Is Jim Conley telling the truth
or telling a lie? You can’t go hot
and cold on him Why was it Frank
wanted to consult his lawyers?"
Arnold—I will find the record.
Dorsey—Yes. you can find it You
can* And where Quinn swore half a
dozen ways He was the most anx
ious witness 1 over saw on a stand,
except for old man Holloway. He
would tell that he was there If Frank
said tell it. lie would keep quiet if
Frank said no.
"Oh. gentlemen, let me read you
what a great lawyer said on tnis sort
of evidence. I read the words of
Judge Lochrane:
“ '1 do not take the mere words of
witnesses I take their acts’
"And while I am on this subject 1
want to read you another opinion:
“ 'Evidence given by a witness has
inherent strength which a Jury can
not disregard. But a statement has
none.' ’’
Arnold: "Now. your honor. 1 have
found the records and it bears out
Just what I said.”
room, and deputies were forced
rap for order.
“When did you ever know of an
employee being so enamoured of her
employer that she *w«s willing to die
for him. if their friendship was pure
ly platonic? I Know enough about
human nature- f know' enough of the
passions which surge in the breast .»f
mortal man to know that this poor
woman’s anxietl to put her neck
into the noose to save him were bom
of somethin* 1, besides platonic love.
“When you see a woman so pas
sionately devoted to her employer
so anxious to di for hitn—you may
know and vou can gamble on it that
there is somethin stronger there than
platonic love. It must be u passion
born of something beyond the relation
which should exist between a married
man an employer and his woman
employee.
“Ah, gentlemen of the jury, we
could have got witness after witness
who would have “ r one upon the stan i
and sworn things about this man.
There were people who would have
perjured themselves. There were wit
nesses who Gimp noon th i stand for
the deefndant w ho 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 St Arnold Be
fore dinner he could remember each
detail, but after dinner, after he had
taken that ride with old Sig Montag.
he had a lapse of Memory. Old man
Sig must ha\V told this little boy
about the Hard ’"hell preacher down
in South Georgia who h Ms con
gregation pray for rain They prayed
and prayed, and after a while, like old
Sam Jones would have ••aid, the Lord
sent n trash mover, i gully wa.iher.
Boy Must Have
Overdone It.”
"It rained and It rained until they
had more water than they knew what
to do with. Then the old hardshell
preacher said: ‘Brethren, it looks like
we have a leelle overdone it.’ So
Montag must have whispered into
Bauer’s ear. ‘You have a leetle over
done it.’
"And, after dinner, this little boy
didn’t know anything. But was that
all? Why, gentlemen of the jury, be
fore dinner that boy even remember
ed where his watch lay.
‘‘Do you believe that? Talk about
perjury! Willful foolishness, because
an honest jury knows that it was
not true. They brought in that ma
chinist Lee. He was willing to
swear to anything and there was not
\ man in the sound of his voice that
Dorsey Attacks Frank s Statement
‘ ‘1 p. m.—Frank leaves 1 he factory.’ It looks mighty nice on {he chart. Turn that chart to the wall, Mr. Sheriff. Let it
wall.. That statement is refuted by the defendant himself when he didn't realize the importance of this time
stay turned to tht
proposition.
‘‘Frank’s statement at, police headquarters, taken by G
morning. The mail was coming tip. I
‘‘Up goes your alibi, punctured by your own statement when you didn’t realize its importance. Yet these honorable gentle
men, for the purpose of impressing your minds, print in big letters on this chart he left the factory at 1 o’clock. If he swore
when he was on the stand the other day that he left the factory at 1 o’clock it was because he saw the importance of this time
point, and had to leave there ten minutes earlier than he said he had at the police station before he had had time to confer with
his lawyer, Mr. Luther Z. Rosser.”
C. Febuary on Monday, April 28, says. ‘I didn’t lock Hie door that
looked it when I started home to lunch at 1:10 o’clock.’
your own statement when you didn’t realize its importance.
Arnold read from the testimony of I didn't know he was telling an un
Miss Corinthia Hall that she and Mrs. ! truth. He wrote and signed a state-
Ft'-eman went to the pencii factory * ment about Duffy’s injuries. I brought
at 11:36 and left there at 11:45.
Arnold: "Mr. Dorsey asked her the
question, 'You saw Lemmle Quinn at
5 minutes to 12 o’clock?’ Answer: I
don’t remember what time it w«e. He
told u» 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 at 12:20.’’ 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
it here and it was written in type
writing and didn’t even have his
name on it.
"They thought we could not And
Duffy and thought you didn’t have
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 when
I women were so suborned as in this
j Take this woman Fleming, his stc-
■ nographer. They put her up and
sin- swore Frank had a general good
1 character. She only swore to what
Dorsey: “Yes. 1 have plenty; that 1 he had done in her presence w her.
doesn't scare anybody I they cross-examined her. We don’l
Arnold: “I Junt want to call atten- i contend Frank tried to seduce every
tion io the glaring errors The little ! girl in the factorw y. But he did pick
one-* 1 don’t care anything about. I them out He picked out Mary Pha-
won’t interrupt him except on g’ar- ! gun and was called,
inf misstatements Life is too short ’ Gentlemen, he got the wrong glr!
Dorsey: "Yes, you will. You will and h* was called And this stenog
Interrupt me every time I am incor- j rnphor said she only knew what hr
rect. You are too shrewd, too anx did to her. She testified that Frank’s
lous to let anything go bv. Don’t tel; { business Saturday* morning was to
this jury you are going to let no , make out th* financial sheet. Mr. Ai-
thlngt that are incorrect. nold said immediately he didn't have
“Here is your table- turned to th*- time ami she jumped at it liko a duck
wall, having the time of Lemmie
Quinn's arrival at 12:20. 1 have an
affidavit here of this pet foreman of
the metal department. He said he
got there at from 12 to 12 .’0. Those
girls went out of the factory ;it 11 *
o’clock. They walked up a block and
down a block to the Busy Bee L’afe.
There they ««\v Quinn
“In the name of goodness, if Frank,
according to his own statement could
»ave the factory at 1:10 o'clock and
t home at 1:20, ouldiT: nest, g.r »
at a June bug. 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 law and practice. But he got
away with it And then she turned
right around and in th*’ next breath
sal(t that sr.** had never said Frank
was working on the financial sh^et
Saturday mormnsr.
' < >b gentlemen, can you let a poor
little girl go to her death and set her
murderer free on such evidence as
this? If you do, it is timfc 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
we get old man Lee and Gantt in
stead of Frank? Why didn't we get
Conley? We tried it, but there was
absolutely no case against either. But
there is a perfect case against this
man. But, 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 ofthis 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
that he possesses, this college gradu
ate. who likes to read and play cards,
who likes to ,se f . baseball games,
would spend ms time there, using the
data that Sohiff prepared on Satur
day afternoons when he could do it
Saturday 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 lnknce sheet Sat
urday morning I am not going to
fatigue you with my reasons. It is
unnecessary. If he did make that
sheet on Saturday afternoon, he did
it thinking of an alibi. But don’t tell
me that because he might have done
this on Saturday afternoon with a
penmanship that showed no nervous
ness proves an alibi.
“If he could go home 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 Sohiff
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
the 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
back door; he wavered; he paled
when he talked to the police, and
trembled on Darley’s knee as he rode
to the police station.
‘‘He could sit in the hall and read
a Joke about a baseball umpire, but
the frivolity annoyed the visitors at
his home. It was the same kind of
frivolity Henry (’lay Beattie displayed
when he stood beside the automobile
that was stained with the blood of
his wife. His joke was uttered only
in annoyance; it jarred.
“But whether or not he made up
that financial sheet, while waiting for
old Jim to come and burn the body,
one thing 1 grant he did. Don’t for
get the envelope; don’t forget the way
the letter was quoted, that letter he
wrote to his uncle 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 uncle was mighty
near there when Frank told old Jim
Conley; 'Why should 1 hand? I have
wealthy relatives in Brooklyn!’
Dorsey finished reading the letter
and then said:
“Here Is a sentence pregnant with
significance. It bears the earmarks >f
a guilt\ consclenc* n. wasn’t trem
bling when he wrote. He Is capable
and smart, but here is a sentence that
is a revelation. Here is a document I
concede was written after little Mary
Phagan, who died for virtue’s sake,
was lying mutilated in that dark cold
basement.”
At this juncture Mrs. J. W. Cole
man. mother of Mary Phagan, begu.i
to cry.
Dorsey read lrom the letter:
“ ‘It is too short a time since you
left for anything startling to havo
developed down here.’
‘‘‘Startling’ and ‘too short a time.
Those are the words that incrimi
nate. That little sentence Itse’f
shows that the crime was committed
in an incredibly short time.
"Tell me. honest men. courageous
men of Georgia, that this phrase
penned to his uncle that afternoon
did not come from a stricken con
science. 'Too short a time since you
left for anything to develop down
here.’
“What do you think of that, honest
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, as if
he cared for these old heroes in gray!
Ample and reliable authority »iys
that over-expression Is an indication
of guilt. Tell me that this old man.
who was just preparing to sail for
Europe, cared for these old heroes in
gray—this wealthy old man who
wanted to see the financial sheet.
Too short a time’—yes. he said it was
too short a time for anything to de
velop down here. But, gentlemen of
the jury, there was something start
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
that I tell you that that letter shows
on its face that something startling
had happened, and I tell you that that
rich uncle did not care the snap of
hb* finger about the thin, gray line of
veterans.
“Ah, yes, he had wealthy relative.*
in Brooklyn. That’s what old Jim
Conley said he told him. And his
people lived in Brooklyn, and old Jim
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.
On April 28 lie wired Adolph Mon-
tag at the Imperial Hotel in New
York; ‘You may have read in At
lanta papers of factory girl found
dead Sunday morning in cellar of
pen* ll factory.’
"Yes, gentlemen of the jury, In the
cellar of the pencil factory. There’s
where he placed her. and that Is
where he expected her to be found.
And th** thought <>f it welled up In
his mind that Monday morning. April
28, before he had been arrested, 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,
Starnes; to your credit, Campbell, and
you, too. Rosser and Black, that you
had the manhood and the courage to
do your duty and roll the charge up
to this man, protected as he was by
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 be It said
to t hoc redit of the Atlanta police
department, they did solve it. ‘As
sure my uncle I am all right in case
he a.sks 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 man—
this fellow Scott. If there was a
slush fund in this case—and wit
nesses have said there was no such
fund—this man Scott could have got
ten it. Not at first, maybe, but he
could have gotten it later on. But
Scott knew his 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 tills
worked well, until the chain began to
tighten.
“And Haas—and h e is nobody's fool
—when he sr 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
pn this financial sheet is no signifi
cant? That Sohiffs 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 realized that he would have *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’s hand
writing that his own mother said was
his. That was perjury, and there
whs perjury in the testimony of Row
er and Lee. Mrs. Carson said she had
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 cooler; she said she didn’t look
at it because she didn't like to look
at things like that. But another lady
on the stand says she did go back and
look at it; that she was with her.
"But back again to Conley. If ne
had committed that crime and had
not had Leo M. Frank and his
promises back of him. would he have
gone back to that factory every dav
and remained there until Thursday?
They said they were going to put up
all the ffirls on the fourth floor But
they didn't do it until we called their
four-flush and put up witnesses who
corroborated their witness. Miss Jack-
son, about the misconduct of this
man.
"Miss Small, also on the fourth
floor, corroborated Conley She said
she saw him on the fourth floor Mon
day. Now, why did Frank go to the
fourth floor so often Monday and
Tuesday? Because he knew Conley
was up there, and he wanted to be
sure the negro was not talking. Con
ley told Miss Carson that Frank was
as innocent as 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
It was. and 1 accept it. hut it is tru«.
and you men would not s!t here an*',
see that negro hang for a crime Let
M. Frank committed.
"When Conlev went up to the sec
ond floor in response to Frank’s sig
nal Frank said. ’Did you see any
thing?’ and he said. ’1 saw two girls
come up, but there ain’t but one of
them come down.’ And then Frank
Knev* that he would have to take this
negro into his confidence.
Shaking his finger at Frank, Dor
sey continued:
"And you told old Jim Conley to
protect you! And he tried to do it.
It is infamous to try to have Jim
Convey hanged for a crime that Leo
Frank did. Gentlemen, I haven’t got
to the State’s case yet; 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 intimi
dated by the influence of this man
and his friends and his big lawyers.
Didn’t Have Courage
To Put Frank in Cell.
"When they took him down there
guilty of this red-handed murder they
didn’t put him In a cell like they did
Newt Lee and Jim Conley. It took
time for them to get their courage
up to the point of locking him up as
he should have been. Old John Black
—Mr. Rosser likes to brag about
what he did to him—but he didn’t
make 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 whole trial might
have been obviated with a confes
sion.”
*Dorsey turned and pointed at
Frank.
"You didn't get counsel a moment
too soon. You called for Barley and
you called for Harris: you called for
Rosser and Arnold, and it took them
all to bolster up your nerve. Gentle
men of the Jury, you know I am tell
ing you the truth. The only thing
against the police Is that this 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, hut I honor
them for the way they went after
Minola McKnight. I don’t know
whether they want me to apologize
for them or not: hut do you think
that in protecting the people from
such crimes 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 off. So it is
with Starnes and Bfack: they knew
Albert McKnight wouldn’t have told
those young men at the Beck & Gregg
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
corpus to release Frank T would 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
1 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 strong; but I
tell you gentlemen, no man is my
pattern: 1 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
1 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, 1
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
1 am making.
“He would have stripped the hides
off of you (pointing to the defense).
Such talk as that doesn’t terrify me.
It doesn't disturb 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 Instances. Take the evidence
of Mrs. Small. She said she saw
Frank and Miss Rebecca Carson
walking along and that she stopped
Frank and had him O. K. a ticket.
She said it was Miss Rebecca 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.
She says that Jim was doing nothing;
that he was standing by the elevator
with his hand on a truck.
"Mrs. Small also tells us that the
elevator shook the entire building.
She said he couldn’t helped but hear
it if the machinery was not running.
She said: ‘You might not hear.it
if the machinery was in full opera
tion. if you were not paying atten
tion to it. but if you listened you
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 of them from the fourth floor
went down out of pure curiosity to
see those spots, and when I asked
her who went with her. lo and be
hold the first person she mentioned
was Mrs. Carson. She said she was
sure she was there: sh e knew she
was there. And when I asked why
they went there, 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 a
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.-’ were not the
order of an overruling Providence, I
would agree that they were the silliest
things I ever heard of. But, gentle
men of the Jury, these notes bear an
intrinsic knowledge of this crime.
“This man Frank, by the language
of these notes, in attempting to fix
the guilt upon another, has indelibly
fixed it upon himself.’’
The Solicitor repeated this state
ment.
“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 hav'e written these notes? And
even if he did write them, would e
have written them u on a scratch pad
which is 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-**
were written was foolish. It was fool
ish. but it was 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 £bout
the metal that he said. ‘I don’t know.’
And now he says that he told her.
’No.’ Arnold recognized 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 3 .
‘chat.’ Jim Conley said here time an*3
again, ‘I have done it,’ but In the
notes found near the body he said,
‘did it.’ Do you. tell me that negro
would have written the word ‘di J*
unless It was dictated to him?
“Do j T ou tell me that negro wouM
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 those
notes?
“No,” shouted Dorsey, turning *.o
Frank, “that child was murdered on
the second floor and you wanted xO
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 water and that long
tall black negro pushed me down the
hole.’ You knew that toilet was back
there on the second floor (addressing
Frank), and you knew that was
where that little girl met her death.
And you knew that metal room was
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 writ* 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. ‘Are 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
all the facts—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, but all
bound together make a cable that is
as strong as is possible for the in
genuity of man to make.
“I don’t know whether the state
ment of Frank's will rank along with
that statement of the celebrated
pervert Oscar Wilde, or not. He is
brilliant. If you take his statement
! nnd jufet follow it you never would
convict him. You never would con
vict anyone that way. But listen to
this: I sat in my office counting over
the money that had been left over.’”
Dorsey read from Frank’s statement.
"He wasn’t talking about the petty
cayh." Dorsey continued. "He was
talkine about the money that had
been lef* over from the payroll >f
$1,100. We don’t knov\ to thU* day
how much that was. We don’t know
how big a roll it could have made,
though Jim Conley said he saw a roil
of $200.
"And he was trying to get old Jim
to go down into the basement and
burn the body of that little girl. Just
as sure as the smoke curled from that
stack toward the heavens, old Jim
would have been there without a
shadow of a defense. Frank would
have been there with the detectives.
Jim would have hanged for a crime
that this man committed in his lu-’t.
“But old Jim was too wise. He
wrote the notes, but, drunk or sober,
he wouldn’t be entrapped like that. I
do not doubt that when Frank hand
ed him that roll of money it was like
the kiss of Judas Iscariot when he
kissed the Saviour, and then betrayed
Him for 30 pieces of silver.
"I am going to show you that this
man had long planned not murder,
but to get thi* little g’.rl to yield to
his lust. Let me do it now.
"Back yonder in Mafch this little
Turner boy saw him making ad
vances to Mary Phagan. Did that
innocent little bov from the country
lie? This little girl that camp hpre
from the Home of the Good Shepherd
she heard Frank speak to Mary Pha
gan and put his hands on her. She
may have lost her virtue, but she is
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 than make good a dol
lar that was charged he way short.
Did he lie about Frank’s inquiring of
the little girl? Yesterdnv Mr. Rossar
quoted from a poem of Bobbie Burns,
the line was. ' ’Tis human to step
aside.’ I want to quote a line from
that same poem, ‘There is no telling
what a man will do when he haa the
lassie.’
"When convenifnce is snug, I tell
you gentlemen, there isi no telling
what a pervert will do when goaded
by his passion. You tell me this bril
liant young man, who looked over
that payroll 52 times a year, saw the
name of Mary Phagan every time,
then when she was dead had to get his
books to find out her name? He
coveted that little girl way back in
March. I have no doubt those little
girls swore the truth when they said
they saw him making advances. I
would not be surprised if he did not
hang around and try to get her to
yield. I would not be surprised if he
didn't get Gantt out of the way be
cause he was an obstacle to his
scheme.
“He knew the day before sn« was
probably coming. He went anff told
old Jim Conley, who had watched for
you so many Saturday afternoons
while you and Schiff were making up
that finance sheet. When Helen Fer
guson came and asked for Mary Pha-
gan's money, I wouldn’t be surprised
if he did not refuse to give it to her
because he had already told old Jim
to come and watch.
“Frank’s plans were fixed. Ah. gen
tlemen. then Saturday comes, and it
is a reasonable tale that old Jim tells.
He says, ‘I done it just like this.’ He
doesn’t say, ‘I did.' He says he ‘dohe
it’ just as the brilliant factory super
intendent told him to. This thing
passion works in a terrible way. Good
people don’t know how the mind
a libertine works. They don’t know
of the planning, plotting and waiting.
Way back in March Frank had his
eyes upon her. He was infatuated
with her and did not have the will
power to resist.
“You can twist and wabble all you
want (Dorsey turned to Frank and
shook his finger at him), but you told
Detective Scott that you did not know
her. Notwithstanding what you have
said here, notwithstanding what your
witnesses have said, you knew her.
“And tel! me. gentlemen of the
jury, has this little Ferguson H r !
| lied? Has she been suborned by
Starnes? Has she come here and de
liberately perjured herself? I tell you
that is a charge that can not stand.
His refusal to give Helen Ferguson
Mary l’hagan’s envelope is an Indica
tion that he was plotting. And old
Jim Conley’s tale will stand, for
Frank himself corroborates Conley In
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 “Gnce-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 Pine 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
confluence, 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.,
wiU accumulate during the year, besides
countless numbers of good used pianos
taken in exchange for grands and play
ers. They are in first-class condition,
and must be disposed of to make room
for large shipments of fall goods
already beginning to arrive. In
order to open the fall season
with an entire new stock, we have de
cided to include in this sale every in
strument in our building, grands, up
rights and players, including such well-
known makes as A. B. Chase, Chicker-
ing & Sons, Knabe Brothers. Ivers &
Pond, Kurtzmann. Kranlch & Bach, Bush
& Gerts, Hoffman and others. In play
ers, A. B. Chase Artistano (grands and
uprights), Emerson Angclus. Kurtzmann
Angelus, The Angelus, The Auto de
Luxe, T^e Autopiano, Koehler and New
ton.
Such 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
terms place them within reach of all.
Your credit is good at The Wester Mu
sic Company. If you do not care to pay-
cash we can arrange terms to suit your
convenience.
Onp Price; Plain Figures.
Every- piano will bear two tags, one
will be our regular one price tag. the
other the clearance sale tag. Thus you
may see at a glance just what can he
saved on your purchase. Look for the
blue tag.
Here are three sample pianos. Large
size mahogany cases, fully guaranteed.
Instruments must be seen to be appre
ciated. Regular price $275, your choice
$127.
Three standard grade upright cabinet
grands, mahogany, oak or walnut; fully
guaranteed. Regular price $300. your
choice of three different styles and
makes $187.
Five standard makes. Five large size
uprights, mahogany or oak cases, new
styles, guaranteed for ten years, regu
lar price $350, your choice $236; $10
cash and $6 per month.
Five large size cabinet grand upright
sample pianos, mahogany or dark oak
cases, fully guaranteed, regular price
$375. These are going at $246; $10 cash
and $7 per month. They are new
Six large size uprights; your choice
oak or mahogany case: guaranteed for
ten years: three d’fferent styles and
makes: regular price $375. They are
standard makes. Your choice for $268
Easy terms.
i-’ive large size cahinet Brand niah
any cases; three different styles
makes guaranteed for ten years; re
Price $400. your choice $276;
cash and $7 per month. They are n
len large size uprights, mahog
cases, different styles and ma!
guaranteed for ten years; regular p
V sa,e pr,C€ L * 292 - ,i:as y Paymc
can he arranged.
u«tt° UI U, 1 f rKe 3*?®* mahogany ca
l est makes; fully guaranteed: t
u ?, r o J K rU i e * ? 500 ' shop-w*
but absolutely perfect. They will
taken quickly at $293.
Six larxe size upright cabinet grai
mahogany and wal
’«i e / U M , ;. prl 5f * r ’ 50 - >' our chl
* S T»'ri Sl l’- I 318 ’ fully guaranteed.
Three high grade grand pianos, i
hogany oases, regular price *700 !
5' 0ur choice for J468 *612
Guaranteed for ten years T
are new. One Steinway slightly ui
good as new. Beautiful mahogany a
regular price *1.150. Must he seen tc
appreciated. Will be offered at
regular discount, [f you need a gr
piano, don’t miss this, opportunity.
•Mne player pianos, mahogany ca
some of them slightly shopworn, bu
brst-class condition. Some are n
-TS ey >. a ^ e guaranteed for five ye
The best makes are Included. Regi
V2Z«*- *6«0. «», 1700. *750
, 0. All 88-notaamd new styles Y
choice. *418, *368. *396, *436, *487 {
You must see the pianos to apprec:
the values.
One large size mahogany case pla
piano, one of the best makes, regi
price *850. slightly used. A big t
gain for *296. e
„T! fty " se<1 Upright piai
Oak. walnut. mahogany and eb
cases. Included in this lot will be fo
yose * Son?. Hallet & Davis, Krar
A- Bach, fainter & Kwing, Pack
Conway, Bush & Gerts; Knabe Br
Ste-iing, U hltney. Cooper. Hoffman
others. Many of them are as good
new. They are all in splendid cot
‘J° n i * or ^ er ra nging from !
to *550 Your choice while they
from *.5 to *268. They are guarant
and you can make no mistake in
lectfng any one of them. Any seco
hand piano that we sell wilt be ta
back within one year and apply
price as part payment for a new pit
Second-hand Organs.
Twenty-seven organs, including C
penten Kstey, Wilcox & White. Pa
ard Chicago Cottage, Kimball, Ma
<v Hamlin anfl others. Former nrl
from *65 to *135. Your choice fo?
U7. *21, *26, 28, *31. *37. *42. All
good order and guaranteed.
Every Instrument can he found on
floors and our personal guarantee e
rt-ith each Instrument. Remember t
we can arrange easy payments, if
don t care to pay cash. Out of tc
orders given special attention
Any purchaser living nearer Ma
than Atlanta will find the same b
gains at our store. No. 157 Cotton a
nue. Macon. Ga,
Store will be open evenings
the wester Music company
64 Peachtree Street. Atlanta Ga
157 Cotton Av#aua. ^U«un. Ga.