Newspaper Page Text
4 A
TIE MIST’S SUNDAY
AMERICAN, ATLANTA, GA.. SUNDAY, AUGUST 24, 1012.
SOLICITOR’S CLOSING ARGUMENT A MASTERPIECE
AS mi PEM Hi
LAUGHS ALIB
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 fraud on ns face. There Is no greater
argument in the Knott case ‘Time > ■ fare- in this cats* than their straining
i walk up a block and down a block
and Quinn in fifteen minutes?
I know it hurts, but this table
her. which puts Lemmie Quinn at
the factory from 12:20 to 12:22 is n
identical, days, hours, are not visible
to any of senses except to the school-
this particular point, with the ex
ception of Billy Owens’ pantomime.
ed. He who speaks of days, hours And. oh. what a farce that was!
and minutes talks at random.' It is j “Gentlemen of the jury, you need
better than I could express it What i n ot try to consider their attempts to
about this time? In this table here, j i, 0 accurate about the time Quinn
minutes are moved up and down, con- j Ba ys he was there, for Lemmle says
torted and twisted to protect this himself he could not be positive. H<
man. They say he arrived at the ' v a v* he thinks he got there some time*
factory at 8:26. Frank himself in his j between 12:20 and 12:30.
first statement said he arrived at 8:30,
and poor Jim Conley, lousy, filthy ami
dirty, said he arrived at 8:30, carry
ing a raincoat, and they tried to inaki
it appear he didn’t have one If th<
truth is ever known, he tried t<» bor-
Mentions Girl Who
Would Die for Frank.
“Ah, gentlemen or the jury, when
ever a man gets to swearing too defl-
row that raincoat of Crsenharh’s to | nite and too specifically about time,
create th e same impression. | then the words of our friend Webster.
"Mattlv Smith hi 9.20 (quoting | I quoto.l to you. are ri*ht-
froni the table), and Frank and Mat- H " 1,1 ntt ,n 1,,J relied upon,
tie Smith both say 9:30 He called
Schiff 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 hack at
11 o’clock, but in his first statement
And can you truly consider the
words of a man whom your reason
tells you is straining to set the exud
time ?
“But let’s pass on from this. I will
not take the time to read you every
thing that Lemmie says he did. I„et\s
he said It' was 11:06: At 12:12 they j P«ss on to the perjury charge which
suv Mary Phagan arrived at the fuc- ; Arnold 1ms so flippantly made. You
• saw these witnesses upon tr • stand.
°r.L h „... th pv have to do it Like! Vou heard their words. You noticed
the 4 rabbit In Crude Remus, they're j their manner, their attitude and their
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 Lemmie Quinn arriving not on
the minute, but, to suit your purpose
at from 12:20 to 12:22. That evi
dence conflicts with the statements
of Miss Freeman and the other young
woman, who put him theie before 12
o’clock.'’
Arnold—Your honor, 1 must inter
rupt. No such evidence was eve-'
brought out. Those young women
testified that they left the factory at
11:45 and that they saw Lemmie
Quinn at the Busy Hee Cafe consid
erably after Mr Dorsey says they
interest.
“Why, one of these ladks from the
factory wanted to die for this man
Frank.”
•\ titter of laughter ran around the
room, and deputies were forced *o
rap for order.
“When did you ever know of an
employee being so enamoured of her
employer that she was willing to di°
for him. if their friendship was pure
ly platonic? I know enough about
human nature—I know enough of the
passions which surge in the breast of
mortal man—to know that this poor
woman’s anxieti to put her neck
into the noose to save him were ben
of something besides platonic love.
“When vou see a woman so pas
sionately devoted to her employer
saw him at the factory before 12 8n anxious to di for him—you may
know and vou can gamble on It that
there is somethin' stronger there than
platonic love. It must be u passion
born of something beyond the relation
which should exist between a mnrrl *d
man—an employer—and his women
employee.
"Ah. gentlemen of the jury, we
could have got witness after witness
who would have r one upon the stand
and sworn things about this man.
There were people who would have
perjured themselves. There were wit
nesses who came imon th i stand for
the deefndant w ho on the face of their
testimony perjured themselves
“Take tills 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 remem tier earn
o'clock.
orsey—-No, your honor, 1 didn’t say
any such thing. They uicin t see him
there, and 1 don’t think anyone else
did.
The crowd laughed.
Arnold—Your honor, have we got to
take this whole crowd into this case?
Judge Roan—Gentlemen, there
must be order or 1 will clear the
courtroom
Dorsey—Find ’he records They
will show ! am right. I have got
!/emmie Quinn's affidavit. I am just
arguing this case on the evidence.
"Jim Conley is n liar, is he? He
said Quinn was there and that he
was there before Mary Phagan came.
Frank had a mighty hard time re
membering whether Quinn was there.
When Quinn saw him at the police
station and said he had been there, i detail, but utter dinner, after he h i-l
Frank said he would have to seo bis, ,a ^‘‘ n that ride with old Sig Montag,
he had a lapse of memory. Old man
Sig must have told this little boy
about the Hard "’hell preacher down
lawyers before deciding whether or
not to make it public.
"Is Jim Conley telling the truth
or telling a lie? You can’t go hoi
and cold on him Why was it Frank
wanted to consult his lawyers?"
Arnold—1 will find the record.
Dorsey—Yes. you can find It. You
can find where Quinn swore half a
rioaen ways. He was the most anx
ious witness I ever saw on a stand,
except for old man Holloway. Ho
would tell that he was there if Frank
said tell it. He would keep quiei if
Frank said no.
“Oh, gentlemen, let me read you
w hat a great lawyer said on tnis sort
of evidence. 1 read th© words of
Judge Lochran©:
I do nui lake the mere words of
witnes-es 1 take their acts.’
“And while 1 am on this subject 1
want to read you another opinion:
"‘Evidence given bv a witness has
inherent strength which a jury can
not disregard. But a statement has
none.’ "
Arnold: “Now. your honor, l have
found the records and it bears out
just what I said
in South Georgia who h 1 is con
gregation pray for rain They prayed
and prayed, and after a while like old
Sam Jones would have «*aid, the Lord
sent a trash mover, a gully wa.iher
Boy Must Have
Overdone It.”
“It rained and It rained until they
had more water than they knew what
to do with. Then the old hardshell
preacher said: ‘Brethren, it looks like
we have a leetle overdone It.’ So
Montag must have whispered into
Bauer's ear, ’You have a leetle over
done It.’
“And, after dinner, this little ho>
didn’t know anything. But was that
all? Why. gentlemen of the jury, be
fore dinner that hoy even remember
ed where his watch lay.
“Do you believe that? Talk about
perjury! Willful foolishness, because
an honest jury knows that It was
not true. They brought In that ma
chinist Lee. He was willing to
swear to anything and there was not
man in the sound of his voice that
Dorsey Attacks F rank’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. Febuary ori Monday, April 28, says. ‘I didn’t lock the door that
morning. The mail was coming up. 1 locked it when I started home to lunch at 1:10 o’clock.’
“Up goi-s 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.”
Arnold read from the testimony of ! didn’t know he was tolling an un
Miss Corinthia 11..11 that sue and Mrs 1 truth. He wrote and signed a sfate-
Fr» oman went »o the penal factory ' m«mt about Duffy's Injuries. 1 brought
at 11:36 and left there at 11:46. lit here and it was written in type-
Arnold: "Mr, Dorsey asked her the'writing and didn't even have his
question, 'You saw Lemmie Quinn at name on it.
“They thought we could not find
I Duffy and thought you didn’t have
i sense enough to know the first thing
I you do in a case like that is to wrap
something around it to stop the loss
5 minutes to 12 o'clockV Answer: l
don't remember what time it wav, H
told us he had been up to the factor:
and saw Frank. He said he was go
ing to the matinee ’
“Lemmie Quinn swore several times | of blood,
he was at the factory at 12:20.” Ar- ; “1 have never seer, a case vet when
nold continued, “and here it is that h- | women were so suborned as In this
said that ne was in a pool parlor at j Tak* this woman Fleming, his ste-
12:30. just after leaving the factory. ’ nographer. They put her up and
Judge Roan: "Mr. Dorsey, have you I she swore Frank had a general good
anything in contradiction to that’”’ •character. She only swore to what
Dorsey: “Yes. I ha.' plenty, that ’he had done in her presence whet.
doesn’t scar.- anybody
Arnold: "1 Juk want to ca l atten
tion to the glaring err r* The little
ones l don’t care anything about. I
won't interrupt him *-\ opt on glar
ing misstatements Life is too shon *•
Dorsey: “Yes. you will. You will
Interrupt me every time I am
reel. You are too shrewd, too
lous to let anything go by. Don’t t
this Jury you are going to let me s,
things that are incorrect.
“Here is your table turned to t
wall, having the tim< of Lemm
they cross-< xamined her. Wo dor.’i
contend Frank tried to seduce even
girl in the factorwy. But he did pick
them out. He pl< ked out Mary Pha
gan and was called.
"Gentlemen, he got the wrong glr!
and he was called. And this stenog
r- { rapher said
nx
Quinn's arrival at 12:2 *. I h.
affidavit here of this pet forer
the metal department. He s
got there at from 12 to 12
g*r’s went '»ut of the faot<»r\ a
o’clock. They walked up a bb .
down a block to the Busy Bet
There they &aw Quinn
>n!y knew what hr
lid to her. Shi testified that Frank's
) business Saturday morning w as t"
, make out the financial sheet Mr. Ai
i nold said immediate ly In* didn't have
lime and she jumped at it like a duck
at a June hug. Mr. Arnold was so
n j nervous he would not let me finish
if [ the cross-examination, and interpo-
e j la ted that remark to guide her.
- | “It was unfair and not according
6 j to law and practice. But he got
U away with it. And then she turned
i ‘ right around and in the next breath
said that she had never said Frank
“In the name of goodness, if Frank, was working on the financial sh *e»
according to his own statement, could j S-Gur u nmrn’ng.
leave the factory at 1:10 o'clock rid • • *h gentlemen, can you let a poo*
get home at 1:20, couldn’t .nesc g.rls li girl go to her death and set her
murderer free on such evidence as
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. hut there was
absolutely no ease against either. But
there is h 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 see 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."
The Jury was allowed to retire for
a few minutes. When they returned.
Dorsey resumed his argument.
‘‘Now’, gentlemen. I submit that
this man made that 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, he did
it thinking of an Alibi. But don't t«ll
me that because he might have done
this on Saturday afternoon with a
penmanship that showed no nervous
ness proves an alibi.
“If he could go home into the bosom
of his family after such an atrocious
crime, he could have made that sheet
But he wouldn’t have done it if Schiff
had not gotten up the data. He had
done it fifty-two times a year for
five or six years. If he would do ad
ditional work on that Saturday aft
ernoon, It could only have been with
a sinister purpose.
Witness Afraid Even to
Identify Handwriting.
“In speaking of perjury, his mother
said anybody ought to identify his
handwriting.”
Dorsey held up the photograph of
the sample of handwriting Frank
wrote for the police.
“Yet the man they put up to identi
fy his handwriting was so afraid he
might do Frank an Injury that he
wouldn’t venture a guess. Grant that
he did go home to his wife and those
old people—his parents-in-law—and
maintain a stoical countenance.
Gram that lie did make that sheet,
which he could make up with his eyes
shut, (irant that he (lid unlock the
safe, a thing that he had done every
day for years
“But when he went to run the ele
vator; when he went to nail up that
back door; tie wavered; he paled
when he talked to the police, and
trembled on Darley’s knee as he rode
to the police station
"He could sit in the hall and read
a joke abbut a baseball umpire, but
the frivolity annoyed the visitors at
bis horn**. It whs the same kind of
frivolity Henry Clay Beattie displayed
when he stood beside the automobile
that was stained w'ith the blood of
his wife. His Joke was uttered only
in annoyance; it Jarred.
"But whether or not he made up
that financial sheet, while waiting for
old Jim to come and burn the body,
one thing I grant he did. Don’t for
get the envelope; don't forget the way
the letter was quoted, that letter he
wrote to his uncle in Brooklyn, that
letter that begins: 'I trust that this
finds you and dear Tante well.' He
had no wealthy relations in Brooklyn!
That old millionaire uncle was mighty
near there when Frank told old Jim
Conley: ‘Why should 1 hand? I have
wealthy relatives in Brooklyn!’
Dorsey finished reading the letter
and then said:
“Here is a sentence pregnant with
significance. It bears the earmarks if
a guilty - onsciencc. He wasn’t trem
bling when he wrote. He is capable
and smart, hut here Is a sentence that
is i revelation. Here is a document I
concede was written after little Mary
Phagan, who died for v’uue’s sake,
was lying mutilated in that dark cold
basement."
At this juncture Mrs. J. W. Cole
man, mother of Mary Phagan, began
to cry.
Dorsey read trom the letter:
" 'It is too short a time since you
left for anything startling to have
developed (town here.’
" ’Startling' and 'too short a time.
Those are the words that incrim
inate. That little sentence itse’f
shows that the crime was committed
in an Incredibly short time.
“Tell me, honest men. courageous
men of Georgia, that this phrase
penned to his uncle that afternoon
did not come from a stricken con
science. ’Too short a time since you
left for anything to develop down
here?
“What do you think of that, honest
men? Then notice what he writes
about the thin, gray line of veterans
facing the chilly weather, as if that
old millionaire mule of his traveling
around Germany for his health, as if
he cared f«*r these old heroes in gray!
Ample and reliable authority fwys
that over-expression is an indication
of guilt. Tell me that this old man.
who was just preparing to sail for
Europe, cared for these old heroes in
gray—this wealthy old man who
wanted to see the financial sheet.
Too short a time*'—yes, he said it was.
too short a time for anything to de
velop down here. But, gentlemen of
the jury, there was something start
ling to develop, and it happened with
in the space of 30 minutes. There is
nothing new in the factory to report,
but there was something new in the
cellar. There was something to re
port. and the time wasn't too snort
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 it» face that something startling
had happened, and I tell,you that that
rich uncle did not rare the snap of
his finger about the thin, gray line of
veterans.
“Ah, yes. he had wealthy relative
In Brooklyn. That’s what old Jim
Con ley *ald he told him. And hi*
people lived in Brooklyn, and old Jim
never would have known that if
Frank had not told him. And the.v
Lad at least 420,000 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- 1
tag at the Imperial Hotel in New :
York: 'You may have read in At-I
lanta papers of factory girl found i
dead Sunday morning in cellar of j
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 he found.
And the thought of It welled up in
his mind that Monday morning, April
28, before he had been arrested, and
he wired Montag forestalling what he
knew would certainly and surely hap
pen unless the Atlanta detectives
were corrupt and would suppress it.
Compliments
Detectives.
"But, be it said to your credit,
Starnes; to your credit. Campbell, and
you, too, Rosser and Black, that you
had the manhood and the courage to
do your duty and roll the charge up
to this man, protected as he was by
wealth and influence.
“And notice what else he said in
this telegram. Notice the credit he
gives to the police: ‘The police will
eventually solve it? And be it said
fo thee redit of the Atlanta police
department, they did solve It. ‘As
sure my uncle I am all right in case
he a.sks. Our company has case well
In hand? Maybe he did think when
he got that fellow Scott that his com
pany had it well in hand.
“I tell you there is an honest man—
this fellow Scott. If there was a
slush fund In this case—and wit
nesses have said there was no such
fund—this man Scott could have got
ten it. Not at first, maybe, but he
could have gotten it later on. Rut
Scott knew hl»< duty, and he has done
It- No wonder Frank could telegraph
that his company had the case well in
hand, for Scott's first words could
not have suited him better had he
wished for them. They were. The
Pinkerton’s always work arm and
arm with the police? This suited
Frank well. It was just what he
wanted. He wanted to know* what
the police thought he wanted to know
what they were going to do. and this
worked well, until the chain began to
tighten.
“And Haas—and he is nobody’s fool
—when he sa wthe trend of the case,
he opened the negotiations; he gave
Scott the opportunity by saying, ‘Now’
let us have what you get first?
“But let us pass on from that. You
ell me that letter and that telegram
are not significant? That the work
pn this financial sheet Is no signifi
cant? That Schiff’s testimony as to
the work on that financial sheet is not
significant ?
"Frank himself was not satisfied.
He is as smart as his lawyers, too.
“He realized that he would have *o
go out and beyond the evidence, be
cause he knew it was all bunk; and
lie tried to show you that he did write
the financial sheet. Frank did w’rite
that letter Saturday afternoon, and
he did write that telegram Monday:
but he did not do any work on the
financial sheet after Saturday at
noon. I ask you twelve men If those
documents and letters don’t bear the
impress of murder?
“And they still cry perjury. I just
thought of another case, when that
man could not identify Frank’s hand
writing that his own mother said was
his. That was perjury, and there
was perjury in the testimony of Row
er and Lee. Mrs. Carson said she ha**
worked there three years, and Arnold
asked her a question that he would
not ask a younger woman. He ask^d
her about seeing blood around the
toilet and in the dressing rooms. She
said she saw it there very often. Then
she talked about Conley being on the
fourth floor that Monday. I pinned
her down to say that Frank was there
at the same time. It was then that
Frank leaned over and said. ‘Be a
good boy, Jim? and Jim. remember
ing his wealthy relatives in Brook
lyn, and his promises of money, said.
‘Yes, sir, boss; I will?
"Surely the officers could not
suborn-*Conley at that time. And she
says she never saw the blood by th.*
water cooler; she said she didn't look
at It because she didn’t like to look
at things like that. But another lad.
on the stand says she did go back and
look at it; that she was with her.
“But back again to Conley. If ne
had committed that crime and had
J not had Leo M. Frank and his
promises back of him, would he have
j gone hack to that factory every dav
and remained there until Thursday?
They said they were going to put ut>
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 fourtn
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
I Tuesday? Because he knew Conley
I was up there, and ho wanted to St
I sure the negro was not talking. Con-
I ley told Miss Carson that Frank was
as innocent as an angel in heaven.
We said he was m rely doing what
he had promised to do—protect his
employer. Mr. Rosser characterized
the statement as a dirty suggestion
j Tt was. and 1 accept it. but it is tru**.
and you men would not s!t here ano
se** that negro hare for a crime Let
M. Frank committed.
"When Conlev went up to the sec
ond floor in rosnonse to ^'rank’s sig
nal Frank said. ‘Did you see an'
thing?’ and he sat?. ‘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 has planted in this for
est of oaks. They have played the
detectives. The only thing to the
discredit of the police department is
that It allowed itself to be intimi
dated by the Influence of this man
and his friends and his big lawyers.
Didn’t Have Courage
To Put Frank in Cell.
"When they took him down there
guilty of this red-handed murder they
didn’t put him in a cell like they did
Newt Lee and Jim Conley. It took
time for them to get their courage
up to the point of locking him up as
he should have been. Old John Black
—J\jr. Rosser likes to brag about
w hht 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 Prank
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 out the life of
this little girl, was given loo much
consideration. His able counsel and
Ihe 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 arc 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 tt 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-handed murderer, I won’t usurp
their authority or the authority of
the judges. I haven’t anything to
do with the police department, or the
functions of the judges. I am re
sponsible only for the office of So
licitor General for the term to which
1 Was elected. I honor Mr. Charley
Hill; I am as proud that I have suc
ceeded him as I am thait I was given
this place by a vote of the people.
He was honorable and strong; but I
tell you gentlemen, no man is my
pattern; 1 follow the dictates of my
own conscience."
Tears Come to
Dorsey’s Eyes.
Mr. Dorsey raised his voice and
tears came into hi» eyes.
“If there is one thing I am proud
of during my term of office, it is that
l joined hand and glove with the po
lice; and when your influence (turn
ing to the defense) tried to get Jini
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, get somebody
else.
“Mr. Hill was a noble man. He had
the courage of a Caesar and the elo
quence of a Demosthenes. I have
wished a hundred times that he was
here making the speech to you that
I am making.
“lie would have stripped the hides
off of you (pointing to the defense).
Such talk as that doesn’t terrify me.
It doesn’t disturb the serenity of the
conscience in everything 1 have done
in the prosecution of this man. Let’s
get back to the talk on perjury.
“Don't get up here and call every
body a liar without giving the spe
cific instances. Take the evidence
of Mrs. Small. She said she saw
Frank and Miss Rebecca Carson
walking along and that she stopped
Frank and had him O. K. a ticket,
she said it was Miss Rebecca Carson
she was with. She says that Mrs.
Carson was not there at all. Mrs.
Carson said she was there. Mrs.
Small said she saw Conley standing
up there by the elevator and that
Frank must have seen him that
Frank passed within 4 feet of him
She says that Jim was doing nothing;
that he was standing by the elevator
with his hand on a truck.
“Mrs. Small also tells us that the
elevator shook the entire building.
She said he couldn’t helped but hear
it if the machinery was not running.
She said: You might not hear it
if the machinery was in full opera
tion. if you were not paying atten
tion to it. but if you listened you
could hear it?
"Now here is another thing. Mrs
Carson had already sworn positively
that she never went back into the
metal room to see that blood. Mrs.
Small aid 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 t > knew she
was there. And when T asked why
tuey went there, and way Mrs. Car-
son went there particularly, she said
‘Curiosity sent us?
Somebody Has
Lied, Dorsey Asserts.
“Now. gentlemen of the jury, some
body. and I put it up to you. has lied
If this case is founded on perjury, it
has been boiled until the pot is black
“The truth is, there has not been a
single instance where evidence was
needed that someone has not come in
to bolster It up.
“Now, let’s pass on a little bit. 1
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, 1
would agree that they were the sillloft
things I ever heard of. But, gentle
man of the Jury, these notes bear an
Intrinsic knowledge of this crime.
“This man Frank, by the language
of these notes, in attempting to fix
the guilt upon another, has indelibly
fixed It upon himself.”
The Solicitor repeated this state
ment.
“The pad, the paper the notes were
written uflbn: the fact that there was
a note fixed the guilt upon him. Tell
me that a negro who, after having
killed a white girl, ravished and out
raged her, would have taken the time
to 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
Conley would have ravished this girl
with the knowledge that Frank was
Jn the house? You tell me that this
Jim Conley, even though he has been
as drunk as a sot could be, would
have taken the time to write these
notes?
“I tell you, gentlemen of the Jury,
It can not be true.
“You say that the fact those not-*s
were written was foolish. It was fool
ish, but it was a mistake. Murder B
a mistake. What man ever commit
ted murder who did not make a mis
take? And what man making the
greatest mi take in the world ,vvou'd
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 meta! 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 w hen Frank told him
he wanted to watch for him thot
T*rank said he wanted to have *
‘chat? Jim Conley said here time an-i
again, ‘I have done it? but in the
notes found near the body he said,
'did It? Do you tell me that negro
would have written the word ‘di J’
unless It was dictated to him?
“Do 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 io
get her into the cellar. Just like you
found her In the cellar, as you said in
that telegram to Montag.
“Conley said once in his statement
that when he met a man on the street
that he knew, the man looked at him
he though he though ‘I done it? Con
ley used that expression at least
twenty times. He said ‘1 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 w'ater 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.
“Y r ou tell me that negro would have
written those w'ords. Where w r as it
she was going to make w’ater on the
first floor? Yet you tell me there is
nothing in circumstantial evidence
when these things creep in.
“When you wrote this note (turning
to Frank), you said yourself that you
had the original of the note before
you. and you said yourself that you
knew Conley could writ© because he
had written you time and time again,
trying to borrow' money, and yet you
! sat there with the original of that
note before you and Conley’s own
handwriting, the handwriting you had
seen often enough to be familiar
with it, arid you didn't tell those offi
cers that Conley wrote the notes.
“T don’t want you to convict this
man unless you believe him guilty
beyond a. reasonable doubt, but l
don’t w f ant you to let your verdict he
governed by the opinion of a crank,
but by the facts.
“Arnold and Rosser would say fre
quently, ’Are you going to convict
this man on that, on this?’—select
ing some little isolated point.
Chain Strong Enough
To Kang Anybody.
“‘Well. I don't want you to, but on
all the facts—the chain that is un
broken and not by isolated instances,
•and I say that when you take them
I all together you! have a cable that
ought to hang ahybody.
“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-
genuitv of man to make.
“I don’t know whether the state
ment of Frank’s will rank along with
that statement of the celebrated
pervert Oscar Wilde, or not. He is
brilliant. If you take his statement
and just follow it you never would
! convict him. You never would eon-
j vict anyone that way. But listen to
• this: I sat in mv ofTn-e counting over
I the money that had been left over? '
' Parser read from Frank’s statement.
"He wasn't talking about the petty
caeh,” Dorsey continued. "He was
! talking about the money that had
i been 1* over from the pavroll of
l $1,100. U’e don’t know to t’niy day
how much that was. We don’t know
how big a roll it could hftve made,
though Jim Conley said he saw a roil
of $200.
“And he was trying to get old Jim
to go down into the basement and
burn the body of that little girl. Just
as sure as the smoke curlea from that
stack toward the heavens, old Jim
would have been there without a
shadow of a defense. Frank would
have been there with the detectives, j
Jim would have hanged for a cr*m* •
that this man committed in his lm-t.
“But old Jim was too wise. H<*
wrote the notns. hut, drunk or sober,
he wouldn’t be entrapped like that. 1
do not doubt that when Frank hand
ed him that roll of money it was like
the kiss of Judas Iscariot when he
kissed the Saviour, and then betrayed
Him for 30 pieces of silver.
“I am going to show you that this
man had long planned not murder,
but to get thisi little g’.rl to yield to
his lust. Let me do it now.
"Back yonder in March this little
Turner boy paw him making ad
vances to Mary Phagan. Did that
innocent little boy from the country
lie? This little girl that came here
from the Home of the Good Shepherd,
she heard Prank speak to Mary Pha
gan and put his hands on her. She
may have lost her virtue, but she is
nothing but a child. Did she lie, this
little girl?
Quotes From Same
Poem as Rosser.
“Then there is Gantt. He quit the
factory rather than make good a dol
lar that was charged he was* short.
Did he lie about Frank’s inquiring of
the little girl? Yesterdav Mr. Reps *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
what a man will do when he has the
lassie?
“When convenience is snug, I tell
you gentlemen, there hi no telling
what a pervert will do when goaded
by his passion. You tell me this bril
liant young man, who looked over
that payroll 62 times a year, saw the
name of Mar} Phagan every time,
then when she was dead had to get his
books to find out her name?* He
coveted that little girl way back in
March. I have no doubt those little
girls swore the truth when they said
- w Mm ’ LvftncQIl. I
would not b» surprised if he did not
hang around and try to get her to
yield. I \voul<J*not he surprised if he
didn't get Gantt out of the way be
cause he was an obsutMe to hie
neb e me, •
“He knew the day before' sn© was
probably coming He went and told
old Jim Conley, who had watched for
you so many Saturday afternoons
w hile you and Schiff were making up
that finance sheet. When Helen Fer
guson f.iine and asked for Mary Pha-
gan’s money, 1 wouldn’t be surprised
if he did not refuse to give It to her
because ho 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. ‘1 did? lie 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 .f
a libertine works. They don’t know
of the planning, plotting and waiting.
Way back in March Frank had his
eyes upon her. He was infatuated
with her and did not have the will
power to resist.
“You can twist and wabble all you
want (Dorsey turned to Frank and
shook his finger at. him), but you told
Detective Scott that you did not know
her. Notwithstanding what you have
said here, notwithstanding what your
witnesses have said, you knew her.
“Apd tell me. gentlemen of the
jury, has this little Ferguson -D!
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.
Flis refusal to give Helen Ferguson
Mary Phagan’s envelope Is an indica
tion that he was plotting. And old
Jim Conley’s tale will stand, for
Frank himself corroborates Conley in
many things.
AN ANNOUNCEMENT
OF VITAL IMPORTANCE
TO PIANO BUYERS
THE WESTER MUSIC CO., 64 Peachtree Street, De
sire to Announce the Opening of Their “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.
In announcing this gigantic clearance
sale of fine pianos, uprights, grands,
player pianos and organs, we wish to
take the piano buying public into our
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 pianqs
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
already beginning to arrive. In
order to open the fall season
with an entire new stock, we have de
cided to Include In this sale every in
strument in our building, grands, up
rights and players, including such well-
known makes as A. B. Chase, Chicker-
ing & Sons, Knabe Brothers, Ivers A:
Pond, Kurtzmann, Kranich & Bach, Bush
& Gerts, Hoffman and others. In play
ers, A. B. Chase Artlstano (grands and
uprights), Emerson Angelus. Kurtzmann
Angelus, The Angelus, The Auto de
Luxe, The Autopiano, Koehler and New
ton.
Such an array of high-grade instru
ments, numbering between 360 and 400.
has never been offered before to the
good people of Georgia. Remember,
nothing is reserved,, and in order to
move this stock in a limited space of
time we have reduced the price in many
cases from one-third to one-half the
original price. All these points taken
into consideration makes it possible for
any family to have an instrument in
their home, as our low prices and easy
terms place them within reach of all.
Your credit is good at The Wester Mu
sic Company. If you do not care to pay
cash we can arrange terms to suit your
convenience.
One Price; Plain Figures.
Every piano will hear 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 be
saved on your purchase. Look for the
blue tag.
Here are three sample pianos. Large
size mahogany cases, fully guaranteed.
Instruments must he 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 tsn 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 arc 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 p”ice $375. They are
standard makes. Your choice for $268.
Easy terms.
Five large size cabinet grand mal
any cases; three different styles
makes; guaranteed for ten vears; r<
lar price 5400. your choice Ia76-
cash and J7 per month. They are r
Ten large size uprights, mahof
cases, different styles and ma
guaranteed for ten years; regular p
' ■, sale price $292. Easy pavm
can be arranged.
Four large size, mahogany ca
bes makes; fully guaranteed;
mf. i: 11 ;', P n ' slightly Shop-w
but absolutely perfect. They will
taken quickly at $203. *
hilt? 'e? H ,e Size u L’ rlKht cabinet gra
mgn grade mahoganv and wa
MoTvT-r? S5 °- oil
Three 1 hi..V 18 ' ully guaranteed
hnXnue h Kl Shade grand pianos.
MifmiiT 8 ’ regular price *700.
II 1 .., y°ur choice for $4B8 $M2
$042. Guaranteed for ten years h
are new. One Steinway slightly u
good as new. Beautiful mahogany c
regular price $1,150. Must be seen t
appreciated. Will be offered a t
regular discount. If you need a m
piano, don 1 miss this opportunity.
iMne player planow, mahogany ce
some, of them slightly shopworn bu
first-class condition. Some are 1
They are guaranteed for five ve
I he best makes are included. Reg
prices. $550, $600, $650. $700. $750
$sno All S8-notu and new stvies 1
choice, $418, $368, $306, $436, $487 I
must see the pianos to apprer
tho values.
Une large size mahogany <aee nli
piano, one of the best makes, reg
pHoe $850. slightly used. *\ Mg
gain for $266.
Fifty slightly used upright pia
<Mk. walnut. mahoganv nnrt el
cases, included in this lot will he fr
Wo & Sons. Hellot & Davis, Kra
K Bach. Painter * Ewing. Pad
Conway, Bush .Sir Gerts; Knabe B:
Sterling, V\ liitney* Cooper, Hoffman
others. Many of them are as goo<
now They are all in splendid ec
; ,on .r J’ on H er P rices ranging from
to $550. Your choice while they
from $16 to $268. They are guaran
and you can make no mistake in
looting any one of them. Any sec
hand piano that wo sell wifi be ti
back within one year and apply
price as part payment for a new pi
Second-hanjj Organs.
Twenty-seven organs, Including i
penter. Estey, Wilcox & White. P,
ard, Chicago Cottage, Kimball. Mi
A Hamlin and others. Former pi
from $65 to $125. Your choice for
*17 $21, $26, 28, $31. $37. $42. AI
good order and guaranteed.
Every instrument cun be found on
floors an<l our personal guarantee
with each instrument. Remember
we can arrange easy payments if
den t care to pay cash. Out of t
orders given special attention.
Any purchaser living nearer Mi
than Atlanta will find (he same
gains at our store. No. 157 Cotton i
ni'p. Macon. Ga.
Store will be upon cvenlnsrs
THE WESTER MUSIC POMP AN
64 Peachtree Street, Atlanta. Gfi
157 Cottun Av«ftUd. Jklaxon. Gs