Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 24, 1913, Image 44

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2 A TTEARST'S SUNDAY AMERICAN, ATLANTA, C,A., SUNDAY. AUGUST 24. 1013. DEATH PENALTY DEMANDED FOR LEO M. FRANK ' " " '' ' " ■ ■ 1 ■ — 1 1 ■' ■■ - "■ " "" A TENsr. nioiui-iit ill tin courtroom yesterday when Solicitor Dorsey was denouncing Frank in his dramatic plea to the jury. Numbered in the picture are (1) Solicitor Hugh M. Dorsey, (2) Chief of Detectives Newport Lanford, (3) Attorney Reuben Arnold of counsel for the defense, (4 Luther Z. Rosser, who lias had charge of the battle for Frank's life; (5) Mrs. Leo XI. Frank, wife of the defendant; (6) Leo XI. Frank, whose rate will soon rest with the jury; (7) Mrs. Rea Frank, his mother, and (8) Judge L. S. Roan. . . OISE? CHEERED AFTER GREAT CLOSING SPEECH been attacked and strangled to death was Mrs. J. W. Coleman, mother of Mary Phagan, that she collapsed utterly and wept. Frank’s young wife was affected by the scene and she laid her head upon the shoulder of her accused husband and cried for sev eral minutes. Policewoman Uses Her Stare as Club Declares She Has No Trouble With Mashers After One Stern Glare. Th*> very manner in which Frank had borne himself during the lonK trial was used by the Solicitor,against him. Such remarkable nerve and effrontery he declared he never had witnessed before in a court of justice 1 >orse\ thought it merely was one of the outcropping characteristics of the defendant s perverted moral and in tellectual nature. He compared him to the brilliant Wilde, whose effron tery and insouciance in the midst of charges of unspeakable eonduet was a mater of world-wide knowledge. When he was interrupted by ad journment, the Solicitor was far from the end of his argument. He had taken longer than he expected. He had paused longer on certain aspects of the east than he had inteded. It seemed probable that he would re quire m«*st of Monday forenoon to conclude his address. Scoffs at Frank's Alibi. Attacking the main points of Frank s defense, he came out boldly with the declaration that Franks alibi was no alibi at all. He said ‘that the whole of Frank’s alibi prac tically hinged on the testimony of Miss Helen Curran. «*f No. 160 Ashby street, who had testified that she saw the young factory superintendent waiting for his car at Whitehall and Alabama streets Saturday afternoon at 1:10 o’clock. At this point Dorsey dramatically brought forth the statement of Frank which he had made on the first day that he was detained at police head quarters. Listen to this/' he said shaking the paper before the eyes of the Jurymen. Then he quoted from Frank's* state ment which read: **1 didn't lock the door that morn ing. The mail was coming up. 1 locked it when I ‘ left f«>r lunch at I : 10.” Makes Charge of Perjury. ‘ “There goes your alibi.” said the Solicitor. ‘‘It was punctured by your own statement made before you real ized the importance of the time ele ment.” Dorsey characterized as perjuries the statement of the Curran girl, that of Miss Fleming a fonu.T .-ict era pher: that of E F. Holhwav. dav watc H e t doing u wopian matical lion of and ha die In looked hand o' Dors, the far Newt Lee’s house, the pay envelope, the rope and the club on the first floor of the factroy were plants. He se'.d Celt Frank's statement in a lettei i > > his unable, written the aft ernoon of the crime, that "nothing startling had happened," while In tended to be self-serving, was in real ity self-accusing. Referring to the notes found by the girl's body, he called attention to the use of the word "did." lie said that Conley always said “done," and that if "did” was used in the notes they must have, been dictated by someone else. He added that the reference In the notes to the toilet on the second floor was a strong indication that the mur der had 1 een committed there Tiie Solicitor charged that Frank had been endeavoring to force his at tentions upon the Phagan girl for weeks and* that his advances culmi nated in the brutal attack of Memo rial Day. Gives His Theory of Crime. Resisted again. furv. ruck Frank, in brutish the girl, arcom- ' Mg. I his purpo Identified im: f K. F. id that 1 fa ehn i * Assert* Shirt Was 5 charged that the 1 "Plant.' •, and then, reuliz- lought to escape being Identified with the attack by I winding a rope about the girl'* neck and strangling her to death, accord ing to the graphic words of the pros- • ecu tor. t As the hour passed noon, the Solic itor began to show signs of fatigue I H spirit was as lndomltabln and fiery as ever, but his feature* grew a j bit haggard, and the weeks of tire* j less work on the case began to dis play themselves more plainly on his At 1:3*1 he asked if there might not : •• i n i a e was* about ex hausted. There was a side bar con- I ference between the attorney's foi both sides, and Judge Roan an- I nounced that uM.iournment would be j taken until Monday. It was thought likely' that Dorsey would finish about noon. The judge’s | charge probably will occupy an hour j *r more, and then the case will go i into the hands of the twelve jurors. | AUTOIST IS RUN OVER BY HIS OWN MACHINE JOLIET. II.L., Aug. 23.—Beca ■ j he cranked his automobile while was in gear. Harry Lewis, a Joliet j banker, was run over and badly in- ; .lured. Lewis was in a hurry to take : some friends to the Union station and ! neglected to inspect his gears, the ' j machine would not spark the first few whirls of the crank, so he opened i j the throttle wider, one of the friends ! put on the exhilarator to help mat- : ters. and now Lewis has been two j j weeks in the hospital. j CHICAGO, Aug. 23.—Squelch the masher with a look. You don't need a whistle like the Boston women; hatpins do not make good weapons, and a club should be used only in a tight squeeze. This Is the opinion of two of Chi cago’s policewomen, both long in the business of protecting women. “1 haven’t had any trouble with men on the beach this year*, even/hose who didn't know I was a policewoman." said Officer Mary Boyd, who is In charge of the Thirty ninth street bathing beach. "All you have to do when a man speaks to you insultingly is to look at him. He turns and runs.” Woman Toper Has Thirst Amputated * _______ Obstruction In Her Throat Was Be lieved Cause of Her Longing For Alchohol. LIMA. OHIO, Aug 23. -Mary Cala- han, 22, submitted to a surgical opera ! tlon in the Chief of Police's office to ! day. and It is hoped Mary's thirst was I cut out, literally and figuratively. Several years ago she was shot In ^ the jaw A splintered bone lodged against her palate, creating a contin uous desirq for drink. She insists the desire was for strictly alcoholic drink j and that she had tried g*ape Juice In I vain. Since that time Mary and her tickling bone have given the police a ticklish time. . Chief Ernest May consulted with City Physician Steer. Between them they decided on the operation. Offers to Serve Out Hawthorne's Term Pastor-Classmate of Author-Convict Says it Would be ‘Utmost Pleasure.' BOSTON. Aug 23.—The Rev. Wil liam Davis, of Everett, a member of the class of 1867 of Harvard and an evangelistic clergyman, has written his classmates. Julian Hawthorne and William James Morton, in the Federal Prison at Atlanta, offering to* serve the remainder of their sen tences. and states to do so would give him "the utmost pleasure." EX-BANDIT GETS RELIGION; COLE YOUNGER CONVERTED Dorsey’s Closing Address a Scorching A ttack on Frank Hurls Charges of Perversion and Murder in Pace of Defendant While Wife Bows Head and Weeps. LFES SUMMIT, MO.. Aug. 23 — Cole Younger, once a bandit, became a member of the Christian Church at : u revival meeting to-night, * Probably a more snirring, denun ciatory, and at the same time Incis ive and analytical argument, has nev er been heard in a Georgia court than Solicitor Dorsey’s closing ad dress In the case against Leo M. Frank. Here It is as the Solicitor de livered it: Dorsey moved over to the railing of the Jury box as he opened hi* speech. “Your honor and gentlemen of the Jury." he said. "I was speaking to you yesterday of the character of this de fendant. This defendant has not a good character. The conduct of the counsel in this case in failing to cross-examine, in refusing to cross- examine these twenty young ladies, refutes effectively and absolutely the claim of the defendant that he has a good character. Says Defense Had Right to Refute Charge. “As 1 said, if this man had a good character, no power on earth cpuld have kept him and his counsel from asking those young girls where they got their information and why they dsai what they did. Now that’s a common sense proposition. "You know as twelve men seeking to get at the truth that they did n<»t ask those hair-brained fanatics, as Mr. Arnold calls them. questions about Frank** character because they were afraid, and those witnesses, as good as any the defense put up, were unimpeached and are unimpeachable. And you tell me that because the good people come here from Washington street and testify to his good charac ter Is that he has one! "!t very often happens that a man’s wife is the last -person to know ills wrongdoing. Sometimes the man uses charitable and religious organizations to cover up and hide his evil self Very often his guilty conscience turn-* him that way. Many a man Is a wolf in sheep’s clothing. "Many a man is a white sepulcher on the outside and absolutely rotten within. But suppose he has a good character. David had a good char acter until he put Uriah in the fore front of battle that he might be killed that he could get his wife. Judas Is cariot had a good character among those Twelve Men until he accepted those 30 pieces of stiver. “T have shown you that under the law they had a light to bring out all those things. You saw they dareu noi do it. Let’s see what the law says. I’ll read here from the Eighty- third Georgia Report: “ ‘Whenever any persons have evi dence in their possession and they fail to produce it. the strongest pre sumption arises that it would be hurtful if they did, and their failure to produce-evidence is a circumstance against them. “You don't need any lawbook to tell you that. It's plain common sense. Recalls Case of Oscar Wilde. "Benedict Arnold was brave. He enjoyed the confidence of all the peo ple and those in charge of the Revo lutionary War until he betrayed his country. Since that day hi# name has been a synonym for infamy. Os car Wil.de, an Irish knight, a bril liant author, whose works will go down through time, gave us ‘De Pro fund is.' which he wrote while in Jail—a remarkable work—yet when the Mar- J quis of 'Queensherry discovered that there was something wrong between Wilde and his son. Wilde had tne ef frontery and the boldness to sue him for damages. A suit in retaliation re sulted In the conviction of Wilde for criminal practices. Yet, wherever the English language is spoken the ef frontery of the testimony on cross- examination of this man—an effront ery typical of this sort (turning to Frank)—will always be a matter for deep study for lawyers and for peo ple interested in that sort of degen eracy. “He had a wife and two children. His shame probably never would have been brought to light but for the fact that hp had the effrontery and the boldness to start a suit. It ended in his being sent to prison. “And the prosecution of Oscar! "He was a man who led the esthet ic movement. He was a scholar and a literary man. His cross-examina tion was a thing to be read with pride by every lawyer. The whole world took notice of his prosecution, and yet when Oscar Wilde was an old man. gray-haired arui tottering to j the grave, he confessed to his guilt. | Prominent? Why, he was one of the I most prominent men in the world! | Why, he came to America and found ed the esthetic movement here. He raised the sunflower from a weed to the dignity of a flow-er. He was handsome—one of the handsomest men to be found. He had moral courage, yet he was a pervert, proved and confessed. “Thefe was a handsome man in San Franciaco, a member of this de fendant's sect—Abe Ruef. a man who possessed all of the faculties of high est intelligence, yet he corrupted even Smith, and his corruption of the pool . girl* with whom he came in contact , brought him to the penitentiary. I have already referred to Durant. His character did not prevent the jury from convicting him. This defend ant's character, like Durant’s, is not worth a cent w'hen the case is Droved. “And crime is alike with the rich and poor, ignorant and learned. Take an ignorant man like Jim Conley. He is the man who commits the petty crimes, but take a man with high in tellect, like this defendant—this intel lect, when put to the right use. leads to glorious accomplishments: but if these faculties be put to the wrong use, it brings ruin to the man in the commission of the most diabolical crimes. Look at McCue, the Mayor of Charlottesville, Va. He w as a man of broad intellect and high education, but, despite his intellect, despite his splendid character, he tired of his wife and shot her. and the jury, com posed of Virginia gentlemen, broad minded and fair, despite McCue’s good character, found him guilty and sent him to a felon's grave. "Take the case of Richeson, the preacher of Boston. Here was a man of highest intellect and with a bril liant future. He was engaged to one | of the wealthiest and most beautiful girls of Boston, but entanglemen'5 with a poor little girl caused him t< I fear for his good name and he so far forgot his good character as to Du f . this poor little girl to death. Even after his conviction in the last davs of his hope he committed an act upon himself which he thought would draw the pity of the Governor and save his life. But a Massachusetts jury and a Massachusetts Governor were cour ageous enough to let that man's life go. They had the courage which will make every right-thinking man rignt by the laws of God and man and of his -'ountry. “Take Beattie—Henrv Clay Beattie, of Richmond. He was of splendid faifiilv, of wealth and proved a good character, though he did not possess it. He took the mother of his 12- month-old baby out in an automobile and shot her. He was cool, calm and deliberate. He laughed and he joked, but he Joked too much, and although the detectives were maligned and abused and a large slush fund was used, a courageous, honest Virginia jury upheld justice and sent that man to death. And he never confessed, but he left a note saying he was guilty. Likens Frank To Dr .Crippen. “Crippen, of England, a man of high standing and recognized ability, killed his wife because of infatuation for another woman. He hid her w’here he thought she would not be found, as this man (pointing to Lrank) thought j the body of that little girl would not be found. But murder will out. and be it said to the glory of old England this man paid the penalty of death. “Gentlemen, you have an opportuni ty’ that comes to few men. Measure up to it. Will you do it? If not, let your conscience say why not. "But you say you’ve got an alibi. Let’s examine that proposition. Here’s an authority: ‘An alibi as a defense involves the impossibility of the pris oner’s presence at the scene of the of fense at the time of its commitmenL and the range of evidence must be such as reasonably to exclude the pos sibility.’ "The burden of carrying this alibi rests on the shoulders of this defend ant. They must show to you that it was impossible for this man to have been at the scene of the crime—an alibi, while the best kind of evidence if properly sustained, otherw ise is ab solutely worthless. I am going to | show you that this man’s alibi 5 s I worse than useless. It is no defense at all. “I want to give you the definition of an old darky of an alibi. It illus trates my point. RastUM asked old Sam. ‘What is this hyar alibi I hear so much about?’ Old Sam says. ‘An alibi is provin’ that you was at the prayer meeting where you wasn’t, to prove J you wasn’t at the crap game where you was.’ ' "Let’s see the time table of the de fense. I want to turn It around for half a minute. Then I want to turn it to the wall and let it stay forever. “ One p. m.—Frank leaves the fac- 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 head quarters, taken by G. C. Febuary on Monday, April 28, says, ‘I didn’t lock the door that morning. The mail was coming up. I locked it when 1 started home to lunch at 1:10 o’clock.’ "Up goes your alibi punctured by your own statement w’hen you didn’t realize its importance. Yet these honorable gentlemen for the purpose of impressing your minds print in big letters on this chart he left the fac tory at 1 o’clock. If he swore when he was on the stand the other day that he left the factory at 1 o’clock It was because he saw the importance of this time point and had to leave there ten minutes earlier than he said he had at the police station before he had had time to confer with his law yer, Mr. Luther Z. Rosser. "I quote: 'I left, at 1:10.’ Right her6 let me interpolate. This man never made an omission from the be ginning to the end of this case. Where he knew a person was aware that he was in the factory at a certain time he admitted it. He proved, or at least attempted to prove, an alibi by the little Curran girl. They had her get up on the stand and say that she saw Frank at 1:10. Yet here is Ills statement made to the police April 28 in the preMence of his attorney, Mr. Luther Z. Rosser, in which he said that he did not leave the factory until 1:10. “The saddest thing in this case—I don’t know* who caused it, I don’t know w'ho Introduced it, and I hope I will go to my grave without ever learning who brought this little Cur ran girl into this case—the saddest thing In this case is bringing in this little girl who lsi connected with Mon tag’s and placing her upon the stand here to protect this red-Jianded mur derer. “Jurors are sw’orn. and his honor has the right under the law to charge you to consider the truthfulness or the reasonableness of that which any witness swears to. And. gentlemen of the jury, anyone who looked upon that little girl noticed her bearing up on the stand, the slightly unusual manner and her connection with Montags—consider the fact that this little girl, like the little Bauer boy, had been riding in Montag’s auto- mobile—and if you can not tell just why and how she was brought here, then I am unable to understand your mental operations. “If Frank locked that door at 1:10, how could she have seen him at Ala- ( bama and Whitehall street at 1:10? How could she be so positive that it was him, if she really saw anyone there? For, mark you, she had never : seen him but once. She comes into | your presence and tells you the un- reasonable and absurd story of see ing him, which is in direct contra- | diction to Frank’s story. “On this time proposition, I want * | to read you this. It made a wonder ful impression on me when I read it. It’s from the speech of a wonderful man. It’s from a man in whose pres- I cnee even lawyers of the type of Ar- Continued on Page 4, Column 1. You Can’t Be Well When Constipated j' Keep Your Bowels Open"— Doctors Estimate 75 Per Cent of Sickness Due to Torpid Liver. Some undigested food is left in the stomach daily, which the liver should clear away. A heavy or unusual diet, or a change in water, may cause the liv er to leave a few particles to press and clog, and the next day more are left over. So this waste accumulates, clog ging stomach and intestines, and caus- I ing constipation. That is not all. If the waste is not eliminated it ferments and generate* uric acid, a poison which gets into the blood and through the system. JACOBS’ LIVER SALT immediately* flushes the stomach and intestinal tract and washes away every particle of wasie and fermentation; It purifies the blood by dissolving what uric acid has accumulated and passing it off in the urine. JACOBS’ LIVER SALT is much bet ter than calomel; no danger of saliva tion. no need of an after-cleansing dose of oil. It acts quickly and mildly; never t forces, gripes or nauseates. It effer vesoes agreeably. Take it before break fast and in an hour you'll feel splendid Don’t take an inferior substitute, some closely imitate the name, but none produces the same result. All drug , gists should have the genuine JA COBS' LIVER SALT. 25c. If yours can not supply you, full sl*e Jar mailed upon receipt of price, postage free Made and guaranteed by Jacobs Pharmacy Co., Atlanta.—(Advt.* ■ P-R-I-N-T-O-R-I-A-L-S ■ No. 224 Tke ad ▼ ance agent of Prosperity is in our midst! . Already FALL BUSINESS is "looking up”—already there is a subtle feeling of “GOOD TIMES” in the air. Have YOU prepared to take advantage of the increased opportunities for bigger and better times? Have you given your FALL PRINT ING the attention it de serves? Phone for our representative to call. No time like the present to plan your PRINTING BYRD Phones M. 1560-2608-2614. Printing Co. 46-48-50 W. Alabama, Atlanta.