Newspaper Page Text
THE ATLANTA GEORGIAN AND NEWS.
3
Continued From Page 2.
your very eyes, in black and white,
the testimony* ofthis woman. Flem
ing, shows that they perjured her.
“Do you tell me when that factory
closes on Saturday afternoons that
this man with the handsome wife
that he possesses, this college gradu
ate. who likes to read and play cards,
who likes to se e 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 tell
me that because he might have done
this on Saturday afternoon with a
penmanship that showed no nervous
ness proves an alibi.
“If he could 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. H e 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, jt 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.
Grant that he did make that sheet,
which he could make up with his eyes
phut. Grant that he did unlock the
safe, a thing that he had done every
day for years.
“But when he went to run the ele
vator; when he went to nail up that
back door; he 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 about a baseball Numpire. but
the frivolity annoyed the visitors at
his home. It was the same kind of
frivolity Henry Clay Beattie displayed
when he stood beside the automobile
that was stained with the blood of
his wife. His joke was uttered only
in annoyance; it jarred.
“But whether or not he made up
that financial sheet, while waiting for
old Jim to come and burn the body,
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 I hand? I have
wealthy relatives in Brooklyn!’
Dorsey finished reading the letter
end then said:
“Here is a sentence pregnant with
significance. It bears the earmarks >f
a guilty conscience. He wasn’t trem
bling when he wrote. He is capable
and smart, but here is a sentence that
la a revelation. Here is a document I
concede was written after little Mary
Phagan, who died for virtue’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 from the letter:
“‘It is too short a time since you
left for anything startling to have
developed down here.’
“ ‘Startling’ and ‘too short a time.
Those are the words that incrim -
nate. That little senience Itself
USE
The best materials when you
paint your house.
STERLING
is highest quality possible in
PAINT
It is a paint with a pur
pose.
"It is cheaper to paint than
not to paint.”
Phones: Main 1115, Atlanta
329.
DOZIER & GAY
PAINT CO.
31 South Broad Street.
shows that the crime was committed
in an incredibly short time.
“Tell me, honest men, courageous
men of Georgia, that this phrase
Panned to his uncle that afternoon
did not come from a stricken con
science. ‘Too short a time since you
left for anything t*> develop down !
here.’
“What do you think of that, honest ■
men? Then notice what he writes |
about the thin, gray line of veterans ;
facing the chilly weather, as if that
old millionaire uncle of his traveling
around Germany for his health, as if
he cared for these old heroes in gray! !
Ample and reliable authority says
that over-expression is an indication
of guilt. Tell me tfcat this old man, j
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 wan something start
ling to develop, and it happened with
in the space of 30 minutes. ’There is
nothing new in the factory to report,
but there was something new in the
cellar. There was something to re
port, and the time wasn’t too short
for it to happen.
“You tell me that letter was written
in the morning? Do you believe it?
Why thev haven’t even tried to say
that. I tell you that that letter shows
on its face that something startling
had happened, and I tell you that that
rich uncle did not care the snap of
hif-i finger about the thin, gray line of
veterans.
“Ah, yes, he had wealthy relatives
in Brooklyn. That’s what old Jim
Coniey said he told him. And his
people lived in Brooklyn, and old Jim
never would have known that if
Frank had not told him. And they
had at least $20,000 in cooJ cash in
the bank, and he had a brother-in-
law employing two or three people,
at least, and we don’t know how
many more. And if his rich uncle
was not in Brooklyn, he was near
there.
“All right, let’s go a step farther.
On April 28 he wired Adolph Mon
tag at the Imperial Hotel in New
York: ‘You may have read in At
lanta papers of factory girl found
dead Sunday morning in cellar of
pencil factory.’
“Yes, gentlemen of the Jury, in the
cellar of the pencil factory. There’s
where he placed her, and that is
where he expected her to be found.
And the thought of it welled up in
his mind that Monday morning, April
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.
Starnest 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
to thee redit of the Atlanta police
department, they did solve it. ‘As
sure my uncle I am all right In case
he asks. Our company has case 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. But
Scott knew his 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 shet^ 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 r o
go out and beyond the evidence, be
cause he knew it was all bunk; and
he tried to show' you that he did write
the financial sheet. Frank did write
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 Bow
er and Lee. Mrs. Carson said she hai
w’orked there three years, and Arnold
asked her a question that he would
not ask a younger woman. He asked
her about seeing blood around the
toilet and in the dressing rooms. She
said she saw it there very often. Then
she talked about Conley being on the
fourth floor that Monday. I pinned
her down to 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
Dorsey Attacks Frank s Statement
“‘1 p. m.—Frank leaves the factory.’ It looks mighty nice on the chart. Turn that chart to the wall. Mr. Sheriff. Let it
stay turned to the wall. That statement is refuted by the defendant himself when he didn't realize the importance of this time
proposition. *
“Frank’s statement at police headquarters, taken by O. C. Febuarv on Monday. April 28, says. ‘I didn’t lock the door that
morning. The mail was coming up. I locked it when I started home to luneh at 1 :1ft o’clock.’*
“Up goes your alibi, punctured by your own statement when you didn’t realize its importance,
men, for the purpose of impressing your minds, print in big letters on this chart he left the factory
when he was on the stand the other day that he left the factory at 1 o’clock it was because he saw
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.”
Yet these honorable gentle-
at 1 o’clock. If he swore
the importance of this time
says she never saw the blood by the
water cooler; she said she didn’t look
at it because she didn’t like to look
at things like that. But another lady-
on the stand says she did go back and
look at it; tnat she was with her.
“But back again to Conley. If he
had committed that crime and had
not had Leo M. Frank and his
promises back of him. w’ould he have
gone back to that factory every dav
and remained there until Thursday?
They said they were going 10 put up
all the girls on the fourth floor. But
they didn’t do it until we called their
four-flush and put up witnesses who
corroborated their witness. Miss Jack,
son, about the misconduct of this
man.
“Miss Small, also on the fourth
floor, corroborated Conley. She said
she ?aw him on the fourth floor Mon
day. Now, why did Frank go to the
fourth floor so often Monday and
Tuesday? Because he knew Conley
was up there, and he wanted to be
sure the negro was not talking. Con
ley told Miss Carson that Frank w-as
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
It wa9, and I accept It, but it is true;
and you men would not sit here anr*
see that negro hang for a crime Leo
M. Frank committed.
“When Conley went up to the sec
ond floor in response to Frank’s sig
nal, Frank said, ‘Did you see any
thing?’ and he said, ‘I 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 Ju£t cut
ting away some of the underbrush
this defense h& 8 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 law;yers.
Didn't Have Courage
To Put Frank in Cell.
“When they took him down there
ttuilty 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
—Mr Rosser likes to brag about
what he did to him—but he didn’t
make so much off of him after all.
Black's methods are somewhat like
Mr. Rosser’s. If Black had had 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 fur
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
the glamour of wealth that surround
ed him, overawed the police. I had
nothing to do with it, but I honor
them for the way they went after
Minola McKnight. I don’t know
whether they want me to apologiz.
for them or not; but do you think
that in protecting the people from
such crimes as this the detectives are
acting like they are at a tea party.
‘‘Should they have the manners
of a dancing master? If you do, you
don’t know anything about it. Once
get an old ’possum dog on the trail,
and you can’t call him off. So it is
with Starnes and Black; they knew
Albert McKnight wouldn’t have told
those young men at the Beck & Gregg
Hardware Company that story about
his wife unless it were true. They
went after Minola. They stuck to
the trail. They smoked her out.
Minola’s friends got a writ of habeas
corpus. Do you think if Mr. Haas
had come to me with a writ of habeas
corpus to release Frank I would have
done it? I would have said it was
none of my business.
“The next time the police have to
use strong methods in an effort to
protect the people by going after a
red-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
I was elected. I honor Mr. Charley
Hill; I am as proud that I have suc
ceeded him as I am that 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; I follow the dictates of my
own conscience.”
Tears Come to
Dorsey’s Eyes.
Mr. Dorsey raised his voice and
tears came into his eyes.
“If there is one thin*? I am proud
of during my term of office, it is that
1 joined hand and glove with the po
lice; and when your influence (turn
ing to the defense) tried to get Jim
Conley indicted by the grand jury, I
stood out against it. If that is trea
son, make the most of it. If you
don’t want me to do it, 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.
“He 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 I have done
in the prosecution of this man. Let’s
get back to the talk on perjury.
“Don’t get up here and call every
body a liar without giving the spe
cific instances. Take the evidence
of Mrs. Small. She said she saw
Frank and Miss Rebecca Carson
walking along and that she stopped
Frank and had him O. K. a ticket.
She said it was Miss Rebecca Carson
she was with. She says that Mrs.
Carson was not there at all. Mrs.
Carson said she was there. Mrs.
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 lie 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.
Sh* said: 'You might not hear it
if the machinery was in full opera
tion, if you were not paying atten
tion to it, but if you listened you
could hear It.’
“Now here is another thing Mrs.
Carson had already sworn positively
that she never went back into the
metal room to see that blood. Mrs.
Small said that on Wednesday a
crowd of them from the fourth floor
went down out of pure curiosity to
see those spots, and when I asked
her who went with her. lo an-1 be
hold the first person she mentioned
was Mrs. Carson. She said she was
sure she was there; she knew she
was there. And when I asked why
they went there, and why Mrs. Car-
son went there particularly, she said
‘Curiosity sent us.’
Somebody Has
Lied, Dorsey Asserts.
“Now, 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
•ingh* instance where evidence was
needed that someone has not t ome in
to bolster it up.
“Now. let’s pass on a little bit. I
want to discuss briefly the writing
of these letters found beside the body
of th< girl. If these letter 1 ’ were not the
order of an overruling Providence, I
would agree that they were the silliest
things I ever heard of. But, gentle
men of the jury, these notes bear an
intrinsic knowledge of 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 stat'-
ment.
“The pad, the paper the notes were
written upon: 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 n 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
in the house? You tell me that this
Jim Conley, even though he has been
as drunk as a sot could be, would
have taken the time to write these
notes?
“I tell you, gentlemen of the Jury,
It can not be true.
“You say that the fact those notes
were written was foolish. It was fool
ish, but # it was a mistake. i.Iurder i*
a mistake. What man ever commit
ted murder who did not make a mis
take? And what man making the
greatest mistake in the world wou'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 metal that he said. ‘I don’t know.’
And now he says that he told her,
‘No.’ Arnold recognized the damage
in the statement ‘I don’t know’ get
ting In.
“Language of Notes
Clears Conley.”
“Leo Frank said in his statement
again and again ’chatting’ and ‘chat.’
Conley said that when Frank told him
he wanted to watch for him that
Frank said he wanted to have ».
‘chat.’ Jim Conley said here time and
again, 'I have done it,’ but in the
notes found near the body he sai l,
‘did It.’ I>o you tell me that negro
would have written the word ’dl J'
unless it was dictated to him?
“Do you tell me that negro wouM
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 :o
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 ‘1 don© it.* Con
ley used that expression at least
twenty times. He said ‘I done it’
when he closed the door, and in sev
eral other places I can’t find just now.
He didn’t use the word ’did’ one time.
“In the first note, the expression
‘I went to make water and that long
tall black negro pushed me down the
hole.’ You knew' that toilet was back
there on the second floor (addressing
Frank), and you knew' that was
where that little girl met her death.
And you knew that metal room was
right back there, too.
“You tell me that negro would have
written those words. Where was it
she whs going to make water on the
j nt floor? Yet you tell me there is
nothing in circumstantial evidence
when these thing-? creep in.
“Vif n you wrote this note (turning
to » nk), you said yourself that you
you. and you said yourself that you
knew Conley could write because he
had written you time and time again,
trying to Imrrow money, and yet you
sat there with the original of that
note before you and Conley's own
handwriting, the handwriting you had
seen often enough to be familiar
with it, and you didn’t tell those offi
cers that Conley wrote the notes.
‘‘‘I don't W'ant you to convict this
man unless you believe him guilty
beyond a reasonable doubt, but I
don’t w’ant you to let your verdict be
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 Hang 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
all together you have a cable that
ought to hang anybody.
“I don’t ask that he be convicted on
this Isolated instance or that, but all
bound together make a cable that Is
as strong as Is possible for the in
genuity of man to make.
“I don’t know w'hether the state
ment of Frank’s will rank along with
that statement of the? celebrated
pervert Oscar Wilcle. or not. He Is
brilliant. If you take his statement
and Just follow It you never woulif
convict him. You never would con
vict anyone that way. But listen to
this: ‘I sat In my office counting over
the money that had been left over.’ ”
Dorsey read from Frank's statement.
“He wasn’t talking about the petty
cash.” Dorsey continued. “He was
talking about the money that had
been left over from the payroll of
$1,100. We don’t know to this day
how much that was. We don’t know
how big a roll It could have made,
thoneh Jim Conley said he saw a roll
of $200.
“And he was trying to get old Jim
to go down into the basement and
burn the body of that little girl. Just
as sure as the smoke curled from that
stack toward the heavens, old Jirn
would have been there without a
shadow of a defense. Frank would
SOLICITOR DORSEY MAKES GREATEST SPEECH OF HIS CAREER
Likens Frank to Beattie, Richeson, Wilde and Other Noted Criminals
DORSEY STRESSES FiCl
THAT DEFENSE DIDN’T GO
NTO CHARACTER ATTACK
Frank himself corroborates Conley In
many things.
“FTank shows that he did the things
that Conley said he did. Frank says
that he stopped at Cruikshank’s soda
fountain and bought some drinks.
This Is just as Conley said he did.
Another thing, Frank said he had a
folder that he took some papers out
of. Old Jim said he did that. Mr.
Graham said he talked to Jim Conley
downstairs. They have tried to get
around it on the color proposition.
They have tried to make it appear
that the negro Graham talked to had
a different color. But four months in
Jail will cnange any man’s color.
“Conley said he was there and Gra
ham said he saw him. and Graham
said he wasn’t drun%. either. I tell
you that if Frank was not on closer
terms with his employees than he sail
he was. Conley could never have
picked up his words as he has.
“And in four instances in his own
statement Fr ink used the exact words
that Jim said he spoke.
“And then in reference to the girl.
Frank said that after gazing upon
the body of the dead girl and looking
upon the pay roll that she was ‘the
one whom I afterward found out
be the girl I had paid off Saturday.’
“But, gentlemen of the Jury, Mary
Phagan never drew her pay. Wohn
Mrs. White came up to Frank’s office,
she tells us that he was standing by
the safe; that he jumped when he
saw her. Gentlemen of the Jury, he
was at the safe then arranging that
pay roll and getting little Mary’s pay.
And when Mrs. White went down
stairs she saw Jim Conley, showing
that the negro had nothing to do
with it.
“The first time Mrs White came
Frank sent upstairs for her husband.
When she came back this time he
sent her upstairs. But then came the
thought that he must get her out of
there.
“Knowing these men had their
lunches with them, he knew they
would remain upon that upper floor
for a long while. But he didn’t know
what time Mrs. White was coming
down. Then it was he determined to
get her out. He went upstairs and
made out like he wus in a great hur
ry. And said that she had better
leave then or he would have to lock
ers saw It.’ And Btarnes saw more
blood on a nail near the elevator.
Barrett, call him Christopher Colum
bus if you will (he works at the pen
cil factory), had the manhood to
stand up and tell the truth. He dis
covered the blood and found the hail
Identified by a little girl, as I remem
ber, as Mary Phagan's hair before
there was any chance to offer a re
ward.
“It was only Monday morning and
these honorable lawyers know that no
official had had a chance to offer a
reward. Contras* him with old man
Holloway. He perjured himself even
to get this guilty man acquitted or to
convict Jim Conley, whom he called
his negro, and get the reward.
“Barrett stands out as an oasis In
a mighty desert. He told the truth
when his Job was at stake. And you
know It.
“If any man deserves a reward. It
Is this poor man who had the cour
age to stand up and tell the truth
fix the guilt upon old Newt Lee? But
old Newt Lee is honest. He didn’t
deny the shirt, yet he didn’t say It
wa* his. But let us pass on from this.
I think everyone understands U wam
a plant.
Says Pay Envelope
Was a “Plant.”
“Now, about the envelope found !>y
the seuttlehole. On this evidence can
you believe that it was other than a
plant? Can you really believe that
this envelope and this shirt were oth
er than a plot of Frank to turn the
finger of suspicion on someone else.
“Gentlemen, can you get away from
It” I say you can not.
“Now, as to this Minola McKnight
business. Isn’t it strange that he*
husband would go up and tell this
tale unless there was some truth in
It? Now, Minola swore to It; then
she came up here and said It was a
lie. But, gentlemen, her statement
was corroborated, In part, by the. Se-
when the source «>f his meat and j llgs. Mrs. Selig told you about giving
have been there with the detertivea. tbem , *"• Sh« went down and out.
Jim would have handed for a crime ln « e ”*. n l f T;\ nk *°' n * out ’ s ' le
that this man committed in his lust. ] tPlls 119 * hat , not * a ,' V
"But old Jim was too wise He | , oat "n d that he " ent bark t0
wrote the notes, but, drunk or sober.
he wouldn’t be entrapped like that. I
do not doubt that when Frank haqd-
**d h!m that roll of monev 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,
hut to get th 1 si little g!rl to yield to
his lust. Let me do it now.
“Back yonder In March this little
Turner boy saw him making ad
vances to Marv 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 Frank speak fo Mary Pha
gan and put his hands or her She
may have lost her virtue, hut 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 o?
the little girl? Yesterday Mr. Rosser
quoted from a poem of Bobble 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 w r hen he has the
lassie.’
“When convenience is snug. I tell
you gentlemen, there is 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 52 times a year, saw the
name of Mary Phagan every time,
then when she was dead had to get his
books to find out her name? Ho
coveted that little girl way back in
March. I have no doubt those little
girls swore the truth when they said
they saw him making advances. I
would not be surprised If he did not
hang around and try' to get her to
yield. I would not be surprised if he
didn’t get Gantt out 6f the way be
cause he was an obsiacle to his
scheme.
“He knew the dav before she was
probably coming. He went and told
old Jim Conley, who had watched for
you so many Saturday afternoons
while you and Schiff were making up
that finance sheet. *When Helen Fer
guson came and asked for Mary Pha-
his office and sat down to his desk.
Killed Her to
Save Reputation.
“They talk about there not being
much blood there. There are two
reasons for this. One is that the blow
upon her head did not cause much
blood to spatter, but at that time and
then old Jim Conley wrapped her
body up.
“Yes, and after striking that lick
upon the head, he gagged her. Then
(shaking his finger at Frank), then in
order to save your reputation, not to
save your character for you never
had any, von gagged and killed her—
in order to save your reputation with
the Montags, the Haas’, Rabbi Marx,
the Bnai B’rlth. your relatives in
Brooklyn and Athens, you killed her
to get her out of the way.
“You killed her because dead people
tell no tales. Dead people do not talk.
And you talk about George Kenley
saving on the car that he would be
one to lead a riot. And you (ad
dressing Arnold) talk about annihi
lating that fellow Kenley with the
pawnbroker.
‘‘Why, if that little girl had lived
to tell of that brutal assault. 1,000
people would have stormed the jail
and run over men like you.
“You made a proposal to that girl
(addressing Frank) and she would
not yield. Your passion was such that
it aroused your anger. You struck
her a vicious, cruel blow, knocked her
down, and she was unconscious. Then
you gagged her and went to get the
cord that strangled her.
“You never gave the little girl her
pay envelope. She never got it. That
was what you were doing at that safe
when Mrs. White came in. and you
Jumped. You got it out of there your
self. and I wouldn't be surprised if
Jim Conley hadn’t told the whole
truth and that your knowledge and
possession of that pay envelope kept
it from being produced here.
“You got Mrs. White out of that
building because you couldn’t do what
you w'anted to with her in there. You
were in an awful hurry for her to
leave, you were. And then you lock
ed those people up on the fourth floor
and had Conley to take her down
stairs.
“1 ask you. gentlemen of the Jury
(holding up the bloody garments of
Mary Phagan) to look at the blood
bread was at stuke. And if any re
ward is given, I hope that he gets
it. He didn’t wait to make his dis
coveries until May 15. They haven’t
any semblance of being a plant. They
are substantiated by four or five
witnesses. But you could wipe him
out of the case, and you would still
have nbundant evidence.
Quotes Defense
To Prove Blood.
“Mrs. Jefferson saw that blood
Stanford saw' that blood. This white
substance that was over it. Stanford
testifies, looked like it had been swept
over with a coarse broom. Blood cov
ered with haskoline on the second
floor. Conley saw Mary Phagan go
up and she didn’t come down. Is any
thing clearer? Sometimes you have
to go into the enemy's camp to get
ammunition. Dr. Connally could tell
you about that and Sheriff Mangum
knows about it. too. It’s a danger
ous practice, but we went into the
• riemv’s camp in this case. We asked
Mr. Darley about that blood and
Frank's nervousness. We had his
affidavit, but we knew' that the stress
of the case was great.
“His testimony proves that there
was blood on the second floor. And
he declared that Frank was more
nervous than he ever had been in
his life before, except once when he
saw a little child run over by a street
car and once when he had a row with
his boss.
“To cap It all. Mel Stanford says
that he swept the floor and It wasn’t
there Friday. Dr. Claude Smith. City
Bacteriologist. said that he analyzed
it and found that it was blood;
“Perjury? We come to that evi
dence where Charley Lee swore that
Duffev stood there on that second
floor and let the blood drip from his
injured fingers. Duffey says it wasn’t
so. We called on you for Lee’s writ
ten statement of the accident.” (Dor
sey turned to the lawyers for the de-
fens** as he said this.) “You couldn’t
produce it. Harry Scott didn’t per
form right, no they went out and got
some new Richmonds. Where .a
Pierce? Echo answer, ‘Where?’
“Where is Whitfield? Echo an
swers. ‘Where?’
“They bring up this man McWorth.
He found blood spots, a club and a
part of a pay envelope. The factory
had been searched by detectives and
employees. No one had found any
thing. Before these things were found
on May 15, wouldn’t the employees
have been glad to have reported such
evidence if it had been there? Con
ley had been arrested ana suspicion
was not strong enough against him.
Confronted with desperation. this
man McWorth, after searching the
factory all day. found the stick, the
envelope and the seven big blood
spots about 3 o’clock on the first floor
near the front door.
“He found too much. Is there any
man on this jury who believes that
those blood spots and other things
could have been there so long—so all
In keeping with the plant of the shirt
at Newt Lee’s house—and the officers
not have found them
her $5 and telling her to bring bac«
the change, and of Mrs. Frank giving
Minola a hat.
“Do you belieev that Albert lied
when he said that Frank went to the
mirror in the sideboard? Don’t you
know that it was natural that after
Frank had committed this horrlbls
crime that he wanted to look into that
mirror and see how he looked, to
know the appearance he wag making
to other people. They tried to mix
old Albert up on the stand, but they
didn’t do It. He said that Frank didn’t
eat any dinner, and when they asked
him how ho was aware of this fact,
he said he knew It.
“This was the tale that Albert told,
and Minola went down to the police
station and In the presence of the of
ficers and her own attorney made a
statement that it. was true. And if
there had not boon some semblance
of the truth in it, don’t you know,
gentlemen of the Jury, that she would
never have signed that statement?
Why. there was her attorney, George
Gordon, and he is not worthy of the
office of attorney if he didn’t tell her
that unless it was the absolute truth
she Should not sign It.
“If he Is the honest man that he Is
said to be, then he told her that. He
knew that they could not hold her
there. He knew he could get her out
by a writ of habeas corpus in two
hours.
“Then they go out and bring in
Julius Fisher and a photographer, and
try to break down old Albert’s evi
dence. They couldn't do it. Albert
says the sideboard has been moved,
and Mrs. Selig admitted that It had
been moved every time they swept,
and then moved back into place.
They tried to make Albert stand
where he could not see into the din
ing room, but he stood there, not
where they tried to put him. but In a
place where it was plainly shown to
you that he could see into the dining
room and through the mirror into th«
sitting room as well.
“They tried to trap him by asking
If he could nee Into the entire dining
room. But he showed that he wa#
telling the truth when he said he
could not. Gentlemen of the Jury,
can you tell me that Albert lied? Can
you tell me that Craven and Pickett,
the two employees of Beck & Gregg,
to whom Albert told this story, have
lied” Can vou tell me that George
Gordon lias lied? I tell you that the
reason Minola made that affidavit is
because It wai the embodiment of the
truth.
Dorsey, Exhausted,
Asks a Recess.
“As unprejudiced and honest men.
the world who can get up a plan to
you know it. If there is anybody in
overhear the conversation of the
folks in the dining room It is the ne
gro, and we all know it. They tried
to make old Albert lie, but they
couldn’t do it. The reason in that
Albert told you tne exact truth.”
At this point Mr. Dorsey turned to
Judge Roan and asked him If he
would declare a recess. Judge Roan
replied that he desired very much to
have the argument concluded and to
! don't care how badly you get j charge the jury before adjourning.
Tohn Black mixed up. There’s Boots Mr. Dorsey replied that he was ex-
Rogers and Darley himself who say hausted, and would like to conclude
that when Frank took th e time slips u *
had the original of the note before ■ Jim Conley’s tale will stand, for
gan’s money, 1 wouldn't be surprlsel ,,f this ravished girl. The blood that
if he did not refuse to give It to her was spilled because she would not
because he had already told old Jim give up what w r as dearer to her than
to come and watch. her life—her virtue.”
“Frank’s plans were fixed. Ah. gen- j At this Juncture, Mrs. J. W. Cole*
tlemen. then Saturday comes, and it | man. mother of the Phagan girl, broke
is a reasonable tale that old Jim tells, down, and following an outburst of
He gays. ‘I done it Just like this.’ He j tears, collapsed. Mrs. Leo Frank af-
doesn’t say, 'I did.’ He says he ‘done footed by the scene, leaned her head
it’ Just as* the brilliant factory super- on the defendant's shoulders and cried
intendent told him to. This thing also,
passion works in a terrible wav. Good “M&rkleSS Body of
people don’t know how the mind f XT r* J »»
a libertine works. They don’t know Wo OOTlsequence.
of the planning, plotting and waiting. ; Dorsey did not cease talking during
Way back in March Frank had his the several minutes required to quiet
eyes upon her. He was Infatuated
with her and did not have the wl!l
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.
“And tell me, gentlemen of the
Jury, has this little Ferguson "irl
lied? Has she been suborned by
Starnes? Has she come here and de
liberately perjured herself? T tell you
that is a charge that can not stand.
His refusal to give Helen Ferguson
Mary Phagan’s envelope is an Indica
tion that he was plotting. And old
the two women.
“You ravished her and then able
counsel s*aid you never had any marks
on your body. Durant never had any
on his. and they tried to make it ap
pear that the blood found back there
was not the life blood of that inno
cent little girl.
“Was there ever any farce so fool
ish? Jim Conley tells you that was
the spot where he dropped her head
so hard. And where Frank came and
took her by the feet and helped carry
her out. Every person who saw It
bore out the statement that it dripped.
There was one big spot and lots of
little ones around it.
“Gentlemen, if human testimony is*
worth anything, that spot was blood, I
not paint. Starnes said. ‘Chief Beav- I
out of the clock at the factory that
Sunday morning, he said that all the
punches were made and that Newt
Lee hadn’t had time to go home and
change his clothes.
Reason for Frank
To Make Statement.
'There was a reason for his mak
ing that statement—this brilliant
young man with the keen perception,
this Cornell graduate, this shrewd
factory superintendent. Lanford and
the detectives were with him. If aft
er examining that slip he had said
Newt Lee could have had time to go
home, the detectives would have ex
amined the slip and Frank would have
been caught.
“No; this shrewd man waits until
Monday afternoon. There was not
enough evidence against Newt Lee.
After a conference with his astute
counsel, Herbert Haas, he asked them
to search his house. And at the same
time he suddenly tells John Black
that Newt Lee had time to go home
thenight of the murder. He points
out misses in the time slip. Newt
Lee’s house had never been searched,
because Frank had said he had no
chance to go home. But with this
new information from Frank, Black
goes out and finds the plant**] shirt.”
Holding up the shirt, he said: “This
shirt was planted It was planted the
same as the stick—the same as the
envelope—the same as the spots.
“The man who planted this shirt
did his work too well. He got a shirt,
all right, that had the odor of blood
on it, but it dldnt* have the odor of
the negro in the armpits, and that
odor would have been there if he had
worn it. And he smeared the blood
on both sides. It was not on one side,
as it would have been had the shirt
indicated what the defense wished it
to Indicate, as anyone with common
sense would know, had the girl’s
bleeding form rested against his
breast. The evidence showed you
that the shirt had as much blood
on the inside of the back as on the
outside of the front.
“Can any man with common sense
believe that that blood got on that
shire with any other intent than to
his argument this afternoon. Judge
Roan asked how long it would take
to conclude, and Dorsey said he did
not know, that he had several points
to take up yet. and that he thought
he was entitled to as much time as
he wanted.
At this point Attorney Arnold
walked over to Judge Roan and they
held a whispered consultation. Dor
sey was called over and consulted
with them for a moment.
Judge Roan then explained that his
only Idea In desiring to know the
length of time before Mr. Dorsey
would close was out of regard for the
Jury, without stating his reason. He
said he thought it was best, coniid-
erlng everything, that the case he
adjourned until Monday.
New Lobby Charge
Against M'Dermott
WASHINGTON. Aug 24.—An ad
ditional charge against Representa
tive McDermott, of Illinois, was made
before the House Lobby Committee
to-day when M. M. Mulhall testified
that McDermott claimed to have re
ceived $2,000 from the brewery in
terests for “certain work done in
Washington.”
Mulhall said this admission wa#
made to him by McDermott during
the 1912 campaign, at which time
Mulhall was aiding McDermott to re-
election.
Turkish Troopers
Cross Into Bulgaria
Special Cable to The Atlanta Georgian.
SOFIA, Aug. 24.—Turkish troops
have Invaded Bulgaria. Dispatches
received here to-day from the fron
tier stated that a Turkish army has
entered this country at Kirk Jail and
that the population is failing baok to
the Interior.
Bulgaria has made formal protest
to the powers against the action of
Turkey.
DINING CARS
WITH A’LA CARTE SERVICE
TO CINCINNATI & LOUISVILLE