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TIUARST’S SUNDAY AMERICAN, ATLANTA, OA., SEND AY, AUGUST 24. 1012.
DEATH PENALTY DEMANDED FOR LEO M. FRANK
A TENSE moment in the courtroom yesterday when Solieitor Dorsey was denouncing Frank in iiis dramatie 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 ,ouns. 1 for the defense, F Luther Z. Rosser, who has had charge of the battle for Frank’s life; (5) Mrs. Leo M. Frank, wife of the defendant; (6) Leo M. Frank, whose rate will soon rest with the jury; (7) Mrs. Rea Frank, his mother, and (8)
Judge L. S. Roan.
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DORSEY CHEERED AFTER
Policewoman Uses
Her Stare as Club
Declares She Has No Trouble With
Mashers After One Stern
Glare.
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.
The very manner in which Frank
had borne himself (luring the long
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
Dorsey thought it merely was one of
the outcropping characteristics of the
defendant's perverted moral and in
tellectual nature He compared him
to th«» brilliant Wilde, whose effron
tery and insouciamv in the midst of
charges of unspeakable conduct 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 lie expected. He
had paused longer on certain- aspects
of the cast than he had inteded. It
seemed probable that ho would re
quire most of Monday forenoon to
Newt Lee’s house, the pay envelope,
the rope and the club on the first floor
of the factroy were plants.
He said that Frank’s statement In a
letter to 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 t’ae Word "did." He said that
Donley dways said “done,” and that
if "did” was used in the notes they
must have been dictated by someone
He added that the reference In the
notes to the toilet on the second floor
was a strong indication that the mur-
I der had Teen committed there.
The Solicitor charged that Frank
had been endeavoring to force his at
tentions upon the Phagan girl for
weeks and tluit his advances culml-
polnts of lotted in the brutal attack of Memo-
out boldly rial Day.
t ^ ( ( ^ |1* rank s Gives His Theory of Crime,
nle of Frank's alihi^prio-' ■ Resisted again, Frank, in brutish
ed on the testimony of j fury, struck donw the girl, acoom-
('urran. of No. 160 Ashby j pllshed his purpose, and then, realtx-
conclude his address.
Scoffs at Frank's Alibi.
Attack!
Frank's .
with the
alibi wai
that the
llcally h
Miss He!
deck
ion
had testified that she saw ling his position, sought to escape
factory superintendent j being identified with the attack by
•ar at Whitehall and
Saturday afternoon
l <
Dorsey dra
e statement
‘ally
Frank i
made on tl
tained at i
first day
ice heud-
wlnding a rope about the girl's neck
iind strangling her to death, accord
ing to the graphic words of the pros
ecutor
As the hour passed noon, the Solic
itor began to show signs of fatigue.
His spirit was as indomitable and
flery as ever, but his features grew a
he said shaking the ] bit haggard, and the weeks of tire-
yes of the jurymen, i less work on the case began to dis
join Frank's state- play themselves more plainly on his
I face,
te door that morn- j At 1:30 he asked If there might not
mlng up. 1 ! be a recess, as lie was about ex-
street. wh
the youn
waiting f(
Alabama
kt 1:10 o’c
At
brought fort 1
which 1
that he was det
quarters
“Listen to‘this
paper before tin
Then he quoted
tnent which rea
"1 didn't lock
ing. The mail
Jocked it when 1 left for lunch at j hails ted. There was a side bar con-
I-’IO.” ference between the attorneys foi
Makes Charge of Perjury. both sides, and Judge Roan an-
"There E 1 your alibi, said the j nounced that adjournment would be
Solicitor. It was punctured by your taken until Monday,
own statement made before you real- r was thought llkelv that Dorsey
ized the Importance of the time ele
ment."
Dorsey characterised as perjuries
the statement of the Curran girl, that
of Miss Fleming, a former stenogra
pher; that of E. F. Holloway, day
watchman, and that of Charley Lee.
* He threw the suspicion of wrong
doing upon the character of the young
woman. Miss Sarah Lames, who dra- I
matically had expressed her convic- I JOLIET. ILL.. Aug. 23.—Because
tion of Frank s innooen. »> "n the stand j ^ cranked his automobile while it
and had declared her willingness to I
,1,. m pj s j., 'n.,, v. .. ,. N w •. in o ar, Harry L«-w is. a Joliet,
looked nothing tending to point the banker, was run over and badly In
hand of guilt toward I>eo Frank j jurod. Lewis was in a hurry to take
[>me friends to the Union station and
w ould finish about noon. The judge’s
charge probably will occupy an hour
or more, and then the case will go
j into the hands of the twelve jurors.
AUTOIST IS RUN OVER
BY HIS OWN MACHINE
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 he 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.
"I haven’t had any trouble with men
on the beach this year, even those 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 speak/
to you Insultingly is to look at him.
He luma 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
tion in the Chief of Police's office to
day, and it is hoped Mary's thirst was
cut out, literally and figuratively.
Several years ago she was shot In
the jaw A splintered bone lodged
against her * palate, creati ng a contin
uous desire for drink. She insists the
desire was for strictly alcoholic drink
and that she had tried grape juice In
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.’
time
Dorse
the fact that the defense bad failed
to cross-examine the State's charac
ter witnesses. He said that he had
glared them to do it. and that they
had been afraid of the disclosures
’hat would ensue
Asserts Shirt Was "Plant.”
He
neglected to inspect his gears, the
machine would not spark the flrst
few whirls of the crank, so he opened
the throttle wider, one of the friends
put on the exhllarator to help mat
ters, and now Lewis has been two
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
I serve the remainder of their sen-
' tences. and states to do so would give
him "tile utmost pleasure.”
EX-BANDIT GETS RELIGION;
COLE YOUNGER CONVERTED
the
hirt at | weeks in the hospital.
LEES SUMMIT, MO., Aug. 23.—
(’ole Younger, once a bandit, became
a member of the Christian Church at
a revival meeting to-night.
Dorsey’s Closing Address
Scorching Attack on
a
Frank
Hurls Charges of Perver
Wife
Probably a more stirring, 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 j^s as the Solicitor de
livered it:
Dorsey moved over to the railing
of the jury box as he opened his
speech.
“Your honor and gentlemen of the
Jury,” he said, "l 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 I said, if this man had a good
character, no power on earth could
have kept him and his counsel from
asking those young girls where they
got their information and why they
dsal what they did. Now that's a
common sense proposition.
"You know as twelve men seeking
to get at the truth that they did not
ask those hair-brained fanatics. »s-
Mr. Arnold calls them, questions
about Frank's 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!
"It very often happens that a man's
wife is the last person to know his
wrongdoing. Sometimes the man uses
charitable and religious organisations
to cover up and hide his evil self
Very often his guilty conscience turns
him’that way. Many a man is a wolf
in sheep’s clothing.
"Many a man is a white sepulcher
on the outside nnd 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 silver.
"I have shown you that under the
law they had a right to bring out all
those things. You saw they dared
not 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
fall 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 hia name
sion and Murder in Fa<
Bows Head and Weeps.
has been a synonym for infamy. Os
car Wijde, an Irish knight, a bril
liant author, whose works will go
down through time, gave us ‘De Pro-
fundis,’ which he wrote while in jail—a
remarkable work—yet when the Mar
quis of Queensberry discovered that
there was something wrong oetw'een
Wilde and his son, Wilde had the 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 he 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 O^car Wilde was an
old man, grav-haired and tottering to
the grave, he confessed to his guilt.
Prominent? Why, he was one of the
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 flower. He was
handsome—one of the handsomest
men to be found. He had moral
courage, yet he was a pervert, proved
and confessed.
"There was a handsome man in
San Francisco, a member of this de-
tendant’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
girls 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 when 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 was 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 brv-
Uant future. He was engaged to one
e of Defendant While
of the wealthiest and most beautiful
girls of Boston, but entanglemenrs
with a poor little girl caused him u-
fear for his good name and he so fa*.'
forgot his good character as to put
this poor lfttle girl to death. Even
after his conviction in the last days
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’9 life
go. They had the courage which will
make every right-thinking man rignt
by the laws of God and man and of
his country.
"Take Beattie—Henry Clay Beattie,
of Richmond. He was of splendid
family, 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,
hut 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 where
he thought she would not be found, as
this man (pointing to Prank) thought
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 sa£ 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 commitment,
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, otherwise is ab.
solutely worthless I am going to
show you that this man’s alibi ’s
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. Hast up asked old
Sam. ‘\^hat 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
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 tho 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 when you didn’t
realize its importance. Yet these
honorable gentlemen for the purpose
o£ 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
hero 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 his
statement made to the police April 28
in the presence 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 who introduced it, and I hope 1
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 Is connected with Mon
tag's and placing her upon the stand
here to protect this red-Jianded mur
derer.
"Jurors are sworn, 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 w r as 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
j was him, if she really saw anyone
j 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
j to read you this. It made a wonder
ful impression on me when I read it.
j It’s from the speech of a wonderful
man. It’s from a man in whose pres
ence even lawyers of the type of Ar-
Continued on Page 4, Column 1.
You Can't Be Well
When Constipated
“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
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. 1
JACOBS’ LIVER SALT immediately
flushes the stomach and intestinal traot
and washes away every particle 0 f
waste 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
forces, gripes or nauseates. It efTer
vesces 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 size jar mailed upon
receipt of price, postage free. Made
and guaranteed by Jacobs Pharmacy
Co., Atlanta.—(Advt.)
No. 224
The ad ▼ ance agent of Prosperity is in our mids
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.
Printing Co.
„ 46-48-50 W. Alabama,
Phones M. 1560-2608-2614.
Atlanta.