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4 A 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.