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4 A 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.