Newspaper Page Text
f
■
the deefndant who on the face of their
testimony perjured themselves
“Take this little Bauer boy. Re
member his testimony before he took
i that automobile ride with Montag .o
i the office of Arnold & Arnold. Re-
! fore dinner he could remember eaon
but after dinner, after he had
detail,
taken that ride with old Sig Montag.
he had a lapse of memory. Old man
Sig must have told this little boy
about the Hard r?hell preacher down
in South Georgia who h..J his con
gregation pray for rain. They prayed
and prayed, and after a while, like old
Sam Jones would have said, the Lord
sent a trash mover, a gully washer.
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 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 man in the sound of his voice that
didn't know he was telling an un
truth. He wrote and signed a state
ment about Dufay’s injuries. I brought
It here and it was written In type
writing and 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 a case like that is to wrap
something around it to stop the loss
of blood.
“I have never seen a case vet where
women were so suborned as In this.
Take this woman Fleming, his ste
nographer. They put her up and
she swore Frank had a general good
character. She oqly swore to what
he had done In her presence when
they cross-examined her. We don’t
contend Frank 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 6he«t
Saturday morning.
Says Perjury Charge
Has Not Been Proved.
“Oh. gentlemen, can you let a poor
little girl go to her death and set her
murderer free on such evidence as
this? If you do, it is time to atop
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. But
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
r. V. ITTGDOX
I.. WLSBEY
I). TOWNSKN'I)
F. V. L. SMITH
V. II. HEXSI.EE
J. T. OSBURX
brought him to the penitentiary. I
have already referred to Durant. His
character did not prevent the Jury
from convicting him. Tills defend
ant's character, like Durant’s, is not
worth a cent when the case is proved.
"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
(rimes, but take * man with high in
tellect, like this defendant—this Intel
lect, when put to the right use. leads
to glorious accomplishments; hut 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 < 'hariottesville, Va. He was a man
of broad intellect and high education,
but, despite his intellect, despite his
splendid character, he tired of his
wife .«nd 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 Rteheson, the
preacher of Boston. Here was a man
of highest intellect and with a bru-
liant future. He was engaged to one
of the wealthiest and most beautiful
girls of Boston, but entanglements
with a poor little girl caused him t*
fear for his good name and he so far
forgot his good character as to put
this poor little girl to death. Even
after his conviction in the last da\s
of his hope he committed an act upon
himself whi'h ho thought would draw
the pity of the Governor and save his
life. But a Massachusetts jury and a
Massachusetts Governor were cour-
sueh as reasonably to exclude the pos
sibility.’
“The burden of carrying this alibi !
rests on the shoulders of this defend- j
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 J
If properly sustained, otherwise is ab. i
solutely worthless I am going
show you that this man's alibi *s j
worse than useless. It is no defense j
at all.
“I want to give you the definition j
of an old darky of an alibi. It illus- i
trates my point Rastua asked old
Sam, ‘What is this hyar alibi I hoar so
much about?’ Old Sam says. ‘An alibi
is proven that you was at the prayer
meeting where you wasn’t, to prove
you wasn't at the crap game where
you was.’
“loot’s see the time table of the de
fense. 1 want to turn it around for
half a minute! Then I want to turn
it to the wall and let it stay forever.
“Frank's Own Statement
Refutes Time Table.”
“‘One p. m.— Frank leaves the fac
tory.’ It looks* mighty nice on the
chart. Turn that chart to the wall.
Mr. Sheriff. Let it stay turned to the
wall. That statement Os refuted by
the defendant himself when he didn’t
realize th importance of this time
proposition.
"Flunk’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
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 '/.. Rosser.
“I quote: ’I left at 1:10.’ Right
here 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 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
w’hy 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 i*
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
ence even lawyers of the type of Ar
nold and Rosser would take off their
hat s.
“I refer to Daniel Webster and his
argument in the Knott case. ‘Timp 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 8:25. Frank himself in his
lirst statement said he arrived at 8:30.
and poor Jim Conley, lousy, filthy and
dirty, said he arrived at 8:30. 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 Ur sen bach's to
create the same impression.
“Mattie Smith at 9:20 (quoting
from the table), and Frank and Mat-
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 back at
11 o’clock, but in his first statement
he said it was 11:05. At 12:12 they
say Mary I’hagan arrived at the fac
tory.
“Oh my. they have to do it. Like
the rabbit in Uncle Remus, they’re
‘just ’bleeged to do it.' Move the min
utes up or back, for God’s sake, or
w’e 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 tlieie before 12
o’clock.”
Arnold—Your honor. I must inter
rupt. No such evidence was ever
Drought out. Those young women
testified *hat they left the factory at
11:45 and that the' - saw Lemmie
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 uian t see him
there, and I don’t think anyone else
did.
The crowd laughed.
Arnold—Your honor, have wt- got to
take this whole crowd into this case?
Judge Roan—Gentlemen. there
must be order or I will clear the
courtroom.
Dorsey—Find the records. They
will show I am right. I have got
Lemr.iie Quinn’s affidavit. I am just
arguing this case on the evidence.
“Jim Conley is a 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 li^ had been there,
Frank said he would have to see his
lawyers before deciding whether or
not to make it public.
"is 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 ways. 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 Frank
said tell it. He would keep quiet If
Frank said no.
"Oh. gentlemen, let me read you
what a great lawyer said on tnis sort
of evidence. 1 read the words of
Judge Loehrane:
" I do not take the mere words of
witnesses I take their acts.’
"And while I 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. I have
found the records and it bears out
just what I said.”
Arnold read from the testimony of
Miss Corinthia Hall that she and Mrs.
Freeman went to the pencil factory
at 11:35 and left there at 11:45.
Arnold: "Mr. Dorsey asked her the
question, ‘You saw Lemrfiie Quinn at
5 minutes to 12 o’clock?" Answer: 'I
get home at 1:20. couldn’t these girls
walk up a block and down a block
and see Quinn in fifteen minutes?
“I know it hurts, but this table
here which outs Lemmie 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 Owens’ 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 Lemmie 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—
‘He is not to be relied upon.’
“And can you truly consider the
words of a man whom your reason
tells you is straining to set the exact
time?
“But let’s pass on from this. I will
not take the time to read you every
thing that Lemmie 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 thei**
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 so enamoured of her
employer that she was willing to die
for him. if their friendship was pure
ly platonic? 1 know enoueh about
human nature—1 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 bom
of something 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 a passion
Solicitor Dorsey in his closing address in the case against Leo
M. Frank delivered the masterpiece of his career and held a packed
courtroom agape with tense emotion.
Probably a more stirring, de- in their po**p**ion arm they
fail to produce it, the strongest pre-
tiunciatory. flllll Jit the sumption arises that it would be
. , ^ I.** . i .. hurtful if they did, and their failure
tline iiicisi\ e and an«il\ti( <li <ll- ( () pn,4uoe evidence is a circumstance
ffomont, has never been heard in a * t \j nst thp . m
iou don t need any iawbook to tell
a (ieorpia court. Here it is as you that, it’s plain common sense,
the Solicitor delivered it : Recalls Case of
examine these twenty yot
refutes effectively and abs*
claim of the defendant th
a good character
Says Defense Had
£ight to Refute Charge
character, no pi
have kept him r
asking those yoi
got their inform
dsai what they
common sense pi
"Vou know as
to get at the tri
ask those hair-
Mr. Arnold cal'
about Frank’s cl
were afraid, ant
good as any the
untmpenched an'
And you tell me
his counsel iron?
girls where they
n and why they
Now that’s a
sltion.
five men seeking
rim in:
“He had a wife and two children,
is shame probably never would have
•en. brought to light but for the fact
at he had the effrontery and the
ddness to start a suit. It ended in
s being sent to prison
“And the prosecution of Oscar!
“He \v;i> a man who led the estliet-
movement. He was a scholar and
literary man. His cross -ex ami na-
r>n was a thing to be read with
■Me by every lawyer The whole
arid took notice of his prosecution
id vet when Oscar Wildf* was an
i man. gray-haired and tottering to
e grave, lie confessed to his guilt,
’eminent? Why. he was one of the
ost prominent men in the world!
hv, he came to America and found-
the esthetic movement here. He
ised the sunflower from a weed to
ie dignity of a flower. He was
indsome--one of the handsomest
en to be found. He had moral
■tinge, yet he wax a pervert, proved
Continued on Page 3, Column 1
THE SUMMER HEALTH DRINK
Horsford’s Acid Phosphate
A healthful. inrijrnratlng and delicious tonic
beverage more cooling and refreshing than
lemonade. Adv
me man in
r of thi- de-
. a man who
CHOICE OF ROUTES
AND GOOD SERVICE
a tin
VTTE ATLANTA GEORGIAN AXD NEWS.
TWELVE JURORS WITH WHOM LEO M. FRANK'S FATE RESTS
M. S. WOODWARD.
W. M. JEFFRIES.
M. JOIIEXNING.
F. E. WINBURN.
C. J. BOSSIIARDT.
W. F. MEDCALF.
■-.D