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TTEAttST’S SUNDAY AMERICAN, ATLANTA, GA.. SUNDAY, AUGUST 24, 1013.
SOLICITOR’S CLOSING ARGUMENT A MASTERPIECE
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 Daniel Webster and his
argument in the Knott caae. 'Time 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 I could express it. What
about this time? In this table here,
minutes are moved up and down, con
torted and twisted to protect this
man They say he arrived at the
factory at 8: 2F*. Frank himself In his
first statement said he arrived at 8:30,
and poor Jim Conley, lousy, filthy and
dirty, said he arrived at h HO, 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 bor
row that raincoat of Ursenbach’s to
create th© same impression.
"Mattie Smith at 9:20 (quoting
from the table), and Frank and Mat-
tie Smith both say 9: HO. He called
Rchtff at 10 o’clock (reading again),
and yet this man with all his mathe
matical precision and accuracy at
figures, said he was at Montag’s at 10
o'clock. They say he arrived back at
11 o’clock, but In his first statement
he said It was 11:05. At 12:12 they
say Mary Phagan arrived at the fac
tory.
"Oh my, they have to do it. Dike
the rabbit in Uncle Remus, they’re
'Just ’bleeged to do it.' Move the min
utes up or back, for God's sake, or
we are lost!
"But to crown It all! In the table
■which Is now turned to the wall you
have Lemmle Quinn arriving not on
the minute, but. to suit your purpose,
at from 12:20 to 12:22. &hat evi
dence conflicts with the Statements
of Miss Freeman and the other young
woman, who put him there before 12
o'clock."
Arnold—Your honor, I must Inter
rupt. No such evidence was ever
brought out. Those young women
testified ‘hat they left the factory at
11:45 and that they saw' Lemmle
Quinn at the Busy Bee Cafe consid
erably after. Mr. Dorsey says they
saw him at the factory before 12
o'clock.
orsey—No, your honor. I didn’t say
any such thing. They didn't see him
there, and I,don’t think anyone else
did.
The crowd laughed.
Arnold—Your honor, have we got to
take this whole crowd into this case?
Judge Ri»an -Gentlemen, there
must be order or I will clear the
court room.
Dorsey 114 n d the records They
w in show !%.<m rig t i have got
uguli ■
. He
said Quinn was there and that he
was there before Mary Phagan came.
Frank had a mighty hard time re
membering whether Quinn whs there
When 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.
"Js 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 find where Quinn swore half a
dozen wavs. He was the most anx
ious witness 1 ever saw on a stand,
except for old man Holloway He
would tell that he was there if Prank
said tell It. He would keep quiet If
Frank said no.
"Oh. gentlemen, let me read you
what a great lawyer said on this sort
of evidence. I read ths words of
Judge Lochran©:
" ‘I do not take the mere words of
witnesses I take their acts'
"And while 1 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. J have
found the records and it bears otU
Just what I said "
Arnold read from the testimony of
Miss Cortnthla Hall that she and Sirs
Freeman went to the pencil factory
at 11:35 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: l
don’t remember what time It was He
told us he had been up to the factory
and saw Frank He said he was go
ing to the matinee.*
"Lemmle Quinn swore several times
he was at the factory at 12:20," Ar
nold continued, ' and here It is that he
said that he Das in a pool parlor at
12:30. Just after leaving the factory."
Judge Roan: "Mr. Dorsey, have you
anything in contradiction to that?"
Dorsey: "Yes. 1 have plenty; that
doesn't scare anybody."
.Arnold: "I Just want to call atten
tion 10 the glaring errors. The little
ones 1 don’t care anything about. 1
won't interrupt him except on glar
ing misstatements Life is too short."
Dorsey: "Yes, you will You will
interrupt me every time l am incor
rect. You are too shrewd, too anx
ious to let anything go by. Don't tell
this Jury you are going to let me say
things that are incorrect.
"Here is your table turned to the
wall, having the timo of Lemmle
Quinn’s arrival at 12:20. I have an
affidavit h«re 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 at 11 4
o'clock. They walked up a block and
down a block to the Busy Bee Cafe.
There they haw Quinn
"In the name of goodness, if Frank,
according to his own statement, could
leave the factory at 1:10 o’clock and
get home at 1:20, couldn't ;nese girl*
walk up a block end down a block
and see Quinn in fifteen minutes?
"I know it hurts, but this table
here which puts I.nmmil 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 their straining
at this particular point, with the ex
ception of Billy Gwens’ 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. He
says he thinks he got there some time
between 12:20 and 12:30.
Mentions Girl Who
Would Die for Frank.
"Ah. gentlemen of the Jury, when
ever a man gets to swearing too defi
nite and too specifically about time,
then the words of our friend Webster,
which I quoted to you. are right—
*H“ is not to be rolled upon.’
"And ran you truly consider the
words of a man whom your reason
tells you la straining to act the exact
time ?
"But let’s pass on from tills I will
not take the time to read you every
thing that Lemmle says he did. Let's
pass on to the perjury charge which
Arnold has so flippantly made. You
saw these witnesses upon th? stand.
You heard their words. You noticed
their manner, their attitude and their
interest.
"Why, one of these ladles from the
factory wanted to die for this man
Frank."
A titter of laughter ran around the
room, and deputies were forced *o
rap for order.
"When did you ever know of an
employee being no enamoured of her
employer that she was willing to dD
for him. If their friendship was pur. -
ly platonic? 1 know enough about
human natu-e I know enough of the
passions which surge in the breast of
mortal man—to know that this poor
woman’s anxietl to put her neck
Into the noose to save him were bom
of somethlne besides platonic love.
"When you see a Woman so pas
sionately devoted to her employer —
so anxious to di for him—you may
know' and you can gamble on It that
there is somethin stronger there than
platonic love. It must be u passion
born of something beyond the relation
which should exist between a married
man—an employer—and his wom.tr,
employee.
"Ah, gentlemen of the Jury, we
could hav<* got witness after witness
who would have mne upon the stand
and sworn things about this man.
There were people who would have
perjured themselves There were wit
nesses who ame unon th * stand for
the deefndant who on the face of their
testimony perjured themselves
"Take this little Bauer boy. Re
member his testimony before he took
that automobile ride with Montag *.o
the office of Arnold ^ Arnold. Be
fore dinner he could remember earn
detail, hut after dinner, after he had
] taken that ride with old Rig Montag,
he had a lapse of memory. Old man
Slg must have told this little boy
about the Hard Cbell preacher down
In South Georgia who h . 1 is con
gregation pray for rain. They, prayed
and prayed, and after a while, like old
Ram .tones would have «aid, the Lord
sent a trash moyer, a gully waaher.
Boy Must Have
Overdone It.”
Dorsey Attacks Frank’s Statement
“ ‘1 p. m.—Frank leaves the factory. ’ It looks mighty nice on the chart. Turn that chart to the wall, Mr. Sheriff. Let it
stay turned to the wall. That statement is refuted by the defendant himself when he didn’t realize the importance of this time
proposition.
‘‘Frank’s statement at police headquarters, taken by G. C. Febn&ry on Monday, April 28, says. ‘I didn’t lock the door that
morning. The mail was 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 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.”
murderer free on such evidence an
this? If you do, It is time to stop
going through the process of sum
moning a Jury.
"Perjury! When did old man
Starnes and Pat Campbell stoop to
that. And suspicions! Why didn’t
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. Hut
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«, baseball games,
would spend his time there, using the
data that Schiff 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."
Th® Jury was allowed to retire for
a few minutes. When they returned,
Dorsey resumed his argument.
"Now, gentlemen, 1 submit that
this man made that lnance 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, ho 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 g«» home into the bosom
of his family after such an atrocious
crime, he could have made that sheet.
But he wouldn’t have done It if Schiff
had not gotten up fhe data. H© 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.
lea
get
"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 leotle overdone it.’ So
Montag must have whispered into
Bauer’s ear, ’You have a leetle over
done it.’
"Anti, 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
a m«n In the sound of his voice that
didn't know he was telling an un
truth. He wrote and signed a state
ment about Duffy’s injuries. 1 brought
it here and it was written in type
writing ami didn’t even have his
name on it.
"They thought we could not find
Duffy’ and thought you didn’t have
sense enough to know the first thing
you do In u case like that is to wrap
something around it to stop the loss
of blood.
. "I have never seen a case vet where
I women were so suborned as in this
j Take this woman Fleming, his ste-
. nogxapher. They put her up and
she swore Frank had a general good
• character. She only swore to what
1 he had done In her presence when
I they cross-examined her. We don’t
contend P'rank tried to seduce every
girl in the factorwy. But he did pick
them out. He picked out Mary Pha
gan and was called.
"Gentlemen, he got the wrong girl
and he was called And this stenog
rapher said she only knew what he
did to her. She testified that Frank’s
business Saturday morning was to
make out the financial sheet Mr. Ar
nold said immediately he didn’t have
time and she jumped at it like a duck
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 the next breath
said that she had never said Frank
was working on the financial sheet
Saturday morn'ng.
"Oh. gentlemen, can you let a poor
little girl go to her death and set her
"In speaking of perjury, his mother
said anybody ought to identify his
handwriting.’’
Dorsey held up the photograph of
th© sample of handwriting Frank
wrote fqj* 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 eyes
shut. Grant that he did unlock the
safe, a thing that he had done every
day for years.
"But when he went to run the ele
vator; when he went to nail up that
hack door; he wavered; ho 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 w’as the same kind of
frivolity Henry Clay Beattie displayed
when he stood beside the automobile
that W’as 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,
on© 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: ‘l trust that this
finds you and dear Tante well.’ lie
had no wealthy relations in Brooklyn!
That old millionaire uncle was mighty
near there when Frank told old Jim
Conley: ‘Why should I hand? 1 have
wealthy relatives in Brooklyn!’
Dorsey finished reading the letter
and then said:
"Here Is a sentence pregnant with
significance. It bears fhe earmarks if
a guilty conscience. He wasn't trem
bling when he wrote. He Is capable
and smart, but here Is a sentence that
is .i revelation. Here is a document I
concede was written after little Mary
Phagan, who died for v'rtue’s sake,
was lying mutilated In that dark cold
basement."
At this juncture Mrs. J. W. Cole
man, mother of Mary Phagan, began
tO • r\
Dorsey read Irom the letter:
" ‘It is too short a time since you
left for anything startling to have
developed down here.’
"'Startling’ and ’too short a t : me.
Those are the words that incrimi
nate. That little sentence itself
show8 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 mys
that over-expression is an indication
of guilt. Tell me that thie 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
his finger about the thin, gray line of
veterans.
“Ah, yes, he had wealthy relatives
In Brooklyn. That's w’hat old Jim
Conifty said hft 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 leant $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 he 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
pencil 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 the thought of it welled up in
his mind that Monday morning, April
2S, before he had been arrested, and
he wired Montag forestalling what he
knew wmuld certainly and surely hap
pen unless the Atlanta detectives
were corrupt and would suppress it.
Compliments
Detectives.
"But, he It said to your credit,
Starnes; to your credit, Campbell, and
you, too, Rosser and Black, that you
had the manhood and th© 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 thee redit of the Atlanta police
department, they did solve It. ‘As
sure my uncle I am all right in case
he asks Our company has case w'ell
*n hand.’ Maybe ho did think when
he got that fellow Scott that his com
pany had it well in hand.
"1 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 hip duty, and he haf done
It. No wonder Frank could telegraph
that his company had the cast* well In
bant’, 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
i the police thought he wanted to know
| w’hat they were going to do. and this
, worked well, until the chain began to
j tighten.
"And Haas—and h© is nobody’s fool
-when he sa wdhe trend of the case,
, he opened th© negotiations; he gave
Scott the opportunity by saying, ‘Now
let us have what you pet first.’
"But let us pass on from that. You
I ell me that letter and that telegram
* ’ Bit i ifl ;ant ? That the work
i pn this financial sheet is no signifi
j cant? That Schiff’s testimony as to
j the work on that financial sheet is not
significant ?
"Frank himself was not satisfied.
I He is as smart as his lawyers, too
"He realized that he would have ‘o
I go out and beyond the evidence, be-
; cause he knew It was all bunk; and
I ho tried to show you that he did write
■ the financial sheet. Frank did write
that lett< r Saturday afternoon, and
I he did write that telegram Monday;
i but he did not do any work on tile
financial sheet after Saturday at
I 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 th.it
man could not identify Frank’s hand
writing that his own mother said was
his. That was perjury, and there
was perjury in the testimony of Bow
er and Lee. Mrs. Carson said she ha 4
worked there three years, and Arnold
asked her a question that ho 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 sav that Frank was there
at the same time. It was then that
Frank leaned over and said, ‘Re a
good hoy, 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; tnat she was with her.
"But back again to Conley. If he
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 girls on the fourth floor But
they didn't do It until we called their
four-flush and put up witnesses who
corroborated their witness. 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
wa8 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 merely doing what
he had promised to do—protect his
employer. Mr. Rosser characterized
the statement as a dirty suggestion
It was. and I accept it. but it is true;
and you men would not s!t here ano
see that negro hang for a crime Leo
M. Frank committed.
"When Conley 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
knew 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
Conley 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 pet 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 Darley 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 ou,t the life of
this little girl, was given too much
consideration. His able counsel and
the glamour of wealth that surround
ed him, overawed the police. I had
nothing to do with It, but I honor
them for the way they went after
Minola McKnight. I don’t know
whether they want me to apologize
for them or not; but 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 Black; 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 I 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-vhanded murderer, I won’t usurp
their authority or the authority of
the Judges. I haven't anything to
do with the police department, or the
functions of the judges. I am re
sponsible only for the office of So
licitor General for the term to which
I was elected. I honor Mr. Charley
Hill; I am as proud that I have suc
ceeded him a« 1 am that 1 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; I follow' the dictates of my
own Conscience.”
Tears Come to
Dorsey's Eyes.
Mr. Dorsey raised his voice and
tears came into his eyes.
"If there is one thing: I am proud
of during my term of office, it is that
T joined hand and glove with the po
lice; and when your influence (turn
ing to the defense) tried to pet Jim
Conley indicted by the grand jury, I
stood out against it. If that is trea
son. make the most of it. If you
don’t want me to do it, pet 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.
Tt 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.
Hmall 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 h© 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© 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, gentlemer 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 letters found beside the body
of the girl. If these letters 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 thlR crime.
‘‘This man Frank, by the language
of these notes, in attempting to fix
the guilt upon another, has indelibly
fixed i. 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
m© that a negro who, after having
killed a white girl, ravished and out
raged her, would have taken the time
to have written these notes? And
even if he did write them, 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
Jon.vy 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 notes
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 mistake in the world would
not make a lesser mistake in trying
to *cover up? Those notes were the
lesser mistake.
"Scott said that when Leo M. Frank
talked to him about the girl coming
to the factory and asking him about
the metal that he said, ‘I don’t know.’
And now he 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 that
Frank said he wanted to have 4
‘chat.’ Jim Conley said here time and
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 ‘diJ’
unless It was dictated to him?
"Do you tell me that negro won’?
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 to
Frank, ‘‘that child was murdered on
the second floor and you wanted to
get her in’.o 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 write because he
had written you time and time again,
trying to borrow money, and yet you
sat there with the original of that
note before you and Conley's own
handwriting, the handwriting you had
seen often enough to be familiar
with it, and you didn’t tell thosfe 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 hv 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.
! how much that was. Wo don’t know
how big a roll it could have made,
I though Jim Conley said he saw a roil
i 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
i 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 lust.
"But old Jim was too wise. He
wrote the notes, hut, drunk or sober,
he wouldn’t be entrapped like that. I
do not doubt that hen Frank hand-
; ed him that roll of money It was like
the kiss of Judas Iscariot when he
i kissed the Saviour, and then betrayed
| Him for 30 pieces of silver.
"I am going to show you that this
i man had long planned not murder,
| but to get this little girl to yield to
i his lost. Let me do it now.
| "Back yonder in March this little
I Turner boy saw him making ad-
i vances to Mary Phagan. Did that
j innocent little boy from the country
j lie? This little girl that came here
from the Home of the Good Shepherd,
she heard Frar.I: rpeak to Mary Pha-
j gan and put his hands on her. She
may have lost her virtue, but she is
, nothing hut a child. Did she lie, this
i little girl?
Quotes From Same
Poem as Rosser.
"Then there Is Gantt. He quit the
! factory rather than make good a dol-
j lar that was charged h© wan short,
j Did he lie about Frank’s inquiring of
the little girl? Yesterday Mr. Ro»s?r
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
j what a. man will do when he has the
! lassie.’
“When convenience is snug, T tell
you gentlemen, there is no telling
' what a pervert will do when goaded
j by his passion. You tell me this bril
liant young man. who looked over
j that payroll 52 times a year, saw the
I 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 th© 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 she was
probably coming. He went and 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, 1 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 'done
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 twlit 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 tell me, gentlemen of th©
jury, has this little Ferguson "ifl
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 Phagan’s envelope js 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 MUgftc CO., 64 Peachtree Street, De
sire to Announce the Opening of Their "Once-a-
Year” Clearance at 8:30 Monday, August 25.
PIANOS OF HIGH GRADE AND
ACKNOWLEDGED REPUTATION
Our Entire Stock Sacrificed—Everything Goes—Noth
ing Reserved—Every Person Interested in the
Purchase of an Instrument Should Read
Carefully, As It Concerns Them Most.
PROMPT ACTION
WILL BRING REWARD
This Is Our Annual Clearance Sale of Fine Pianos—
Your Opportunity to Save From $100 to $250 in
Your Piano Purchase. Terms Are Made as Pleas
ing as the Prices. Opening Evenings.
Chain Strong Enough
To Hang Anybody.
“‘Well, I don't want you to, hut 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 th© state
ment of Frank's will rank along with
that statement of the celebrated
pervert Oscar Wilde, or nor. He is
brilliant. If you take his statement
and just follow it you never would
convict him. You never would con
vict anyone that way. But listen to
this: T 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
cash." Dorsey continued. "He was
talking about the money that had
been left over from the payroll of
$1,100. We don’t know to this day
I In announcing this gigantic clearance
I sale of fine pianos, uprights, grands,
j player pianos and organs, we wish to
I take the piano buying public into our
[ confidence, making a plain statement of
facts, telling our good reason for sac
rificing our entire stock. All thoughtful
people realize the fact that in conduct
ing a business the magnitude of ours,
that a great numoer of discontinued
styles, sample pianos, rental pianos, etc.,
will accumulate during the year, besides
countless numbers of good used pianos
taken in exchange for grands and play
ers. They are in first-class condition,
■ and must be disposed of to make room
for large shipments of fail goods
1 already beginning to arrive. In
I 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-
I rights and players, including such well-
i known makes as A. B. Chase, Chicker-
ing & Sons. Knabe Brothers, Ivers &
T’ond, Kurtzmann, Kranich dt Bach, Bush
I ifc Uerts, Hoffman and others. In play
ers. A. B. Chase Artlstano (grands and
uprights), Emerson Angelus, Kurtzmann
Angelus. The Angeius, The Auto de
Luxe, The Autopiano, Koehler and New-
j ton.
Such an array of high-grade instru-
I ' ments, numbering between 3f>0 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-
sir Company, if you do not care to pay
cash we can arrange terms to suit your
convenience.
One 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 samp'e 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 different styles and
makes: regular price $375. They are
standard makes, lour choice for $268.
Easy terms.
Five large size cabinet grand mahog
any three different styles and
makes: guaranteed for ten years; regu
lar price $400. your choice $276; $13
cash ami $7 per month. They are new.
ien largo size uprights, mahogany
cases, different styles and makes,
guaranteed for ten years; regular price
$L>0 sale price $202. Easy payments
can he arranged.
lour lar^e size, mahogany cases,
bos', makes; fully guaranteed: reg-
ular price $500: slightly shop-worn,
but absolutely perfect. They will bo
taken quickly at $203.
Six largo size upright cabinet grands,
high grade mahogany and walnut
IS08 S ’ MlV U «VI ft Prl< k“ ,T 5 ®- ynur <*<•«<-•
***•• Lully guaranteed,
three high grade grand pianos, ma-
nogany cases, regular price $700 S750
and * \ 11 ir j ...'j. .
- vour choice for $468, $612 and
*»>42. Guaranteed for ten years. They
•ite new. One Sleinway slightly used,
good as now. Beautiful mahogany case,
regular price $1,150. Must he seen to be
appreciated. Will be offered at our
regular discount. Tf you need a grand
piano, don’t miss this opportunity.
Nine player pianos, mahogany cases,
some of them slightly shopworn, but In
first-class condition. Some are new
They arc g uranteed for five years!
I he best makes are Included. Regular
* 600 ' W. *vr.0 anil
SK'.'O. All 88-note and new styles. Your
choice, $41«. tt«ft. *896, $430, 3437, $573.
\ l!I must see the pianos to appreciate
the values.
tine large size mahogany case player
piano, one of the best makes, regular
price $8o0, slightly used. A big bar
gain for $396.
Fifty slightly used upright pianos.
1 • 1 t. walnut* mahogany and ebonv
cases. Included In this lot will be found
\°se & Sons. Hallet & Davis, Kranich
oj Bach, Painter &. Ewing, Packard
Conway, Bush & Gerts; Knabe Bros.;
Sterling, Whitney. Cooper, Hoffman and
others. Many of them are as good as
new. They are all in splendid condi
tion- Former prices ranging from $350
to $o50. 1 our choice while they last
from $75 to $268. They are guaranteed
and you can make no mistake in se
lecting any one of them. Any second
hand niano that we sell will*he taken
back within on© year and applv tha
price as part payment for a new piano.
Second-hand Organs. *
Twenty-seven organs, including Car
penter. Estey, Wilcox * White, Pack
ard. Chicago Cottage, Kimball. Mason
& Hamlin and others. Former prices
from $65 to $125. Your choice for $12
$17 $21. $26. 28. $31. $37. $42. All in
good order and guaranteed.
Every instrument can be found on our
floors and our personal guarantee goes
with e;ich Instrument. Remember that
we can arrange easy payments if you
don’t care to pay cash. Out of town
orders given special attention.
Any purchaser living nearer Macon
than Atlanta will find the same bar
gains at our store, No. 157 Cotton ave
nue. Macon. Ga.
Store will be open evenings
THE WESTER MUSIC COMPANY,
64 Peachtree Street, Atlanta. Ga.
157 Cotton Avenue, Macon, Ga.