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TTTE ATT. A NT A GEORGIAN AND NEWS.
DORSEY RIDDLES FRANK'S OWN STATEMENT IN FINAL PLEA,
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Crowds Outside and Inside of Court Vociferously Applaud the Solicitor
SENT TO GALLOWS IS
P
S SLAYER
Refreshed by the week-end recess, Solicitor General Dorsey
returned Monday to the State’s closing argument. By the force of
logic and denunciation of his final words to the jury the Solicitor
hopes to obtain a verdict of guilty against Leo M. Frank, charged
with the murder of Mary Phagan.
The day and a half intermis-
son furnished a breathing spell
for the State’s prosecutor. lie
came bac kto the battle with new
spirit and with an absence of 1 ho
fatigue tha> compelled him to
stop his stirring argument Sat
urday and ask Judge Roan for
a recess.
Solicitor Dorsey was vociferously
cheered as he entered the courthouse
by a crowd waiting for the trial to
•pen. and in the courtroom there was
applause as he went to the State's
table within the railing.
Judge Roan entered the room as
the applause died down while the
deputies were rapping for order. He
announced that if there was any sem
blance of a repetition he would clear
the courtroom. The Judge declared
that a similar occurrence might de
stroy the work of four long weeks
and warned the audience to keep
strict order.
Mr. Dorsey began his speech in 1
low. hoarse voice.
"Your honor and gentlemen of the
Jury,” he said, "I regret the necessity
for having to carry this case over into
another week and through another
Sunday. If a recess had been de
clared Saturday, I might have been
able to have finished my speech and
his honor have delivered his charge
and turned the case over to you. The
circumstance* made the present
course wiser.
Begins to Riddle
Frank’s Statement.
"When we closed proceedings Sat
urday, I waa giving you a brief analy
sis of the statement of the defendant.
I am not going into an exhaustive
study of that statement. It is un-
necssary to further burden you with
it. But there are certain language
and statements which merit some
consideration.
"The defendant stated, after his
honor had excluded our evidence, and
excluded it properly, that his wife
visited him at the police station. He
stated that she was there with his
father-in-law and his two brothers-
in-law. He said Rabbi David Marx
was with him and that he consulted
Dr. Marx on the advisability of hav
ing her to come up to the top floor
and-see him surrounded by policemen,
reporters and snapshotters. He
doesn't prove by a living soul that
this statement is true. You must
rely on his own lips for Itr value.
"If they cou’d have proved It by Dr
Marx, why didn’t they do it? You
tell me a loving wife lives who, con
scious of a husband's innocence amid
such circumstances, wouldn't have
braved policemen, snaps .otters o
have seen him?
Arnold jumped up.
"1 object,” he said, “to those out
rageous references to his wife. 1
have sat here in silence during many
of his unfair remarks, but to bring
in the wife of this man who is on trial
for his life is an outrage on law and
decency and fairness."
"Let me see," said Judge Roan,
"the evidence on which you are
speaking, Mr. Dorsey."
Dorsey Fires Hot
Retort at Arnold.
"Let the galled Jade wince," said
Dorney. sarcastically.
"He has no right to make any such
statement." said Arnold. "It is whol
ly uncalled for."
"I submit the remark," retorted
Dorsey, "of Mr. Rosser that this is an
unfair speech (referring to an aside)
is uncalled for. Frank said that his
wife would not come to see him be
cause she was afraid of the snap
shotters and the reporters and that
she did not want to go through this
line of newspaper men every time she
came to see him. I tell you. gentle
men, there never lived a true wife
who would not have gone through a
line of snapshotters and reporters in
spite of the contrary advice of a rabbi
or any one else.”
"Let us see who first found out
Conley could write. Frank said, I
was the man who made this discov
ery I was the means of getting this
Information to the police. I have re
ceived too many notes asking for
loans not to know that he can write,
know that If you will look In the
afe you will find some receipts for
v
ever happened. Why didn't Frank,
when those notes were found by the
dead girl’s body—why didn’t he then
and there sav that that was Conley s
handwriting? Up to the t!m<- that it
was discovered that Conley could
write Frank had said nothing. It was
only through the work done by the
detectives and the fact thn* Conley
knew they had learned he could
write that the negro Anally was made
to submit specimens of his handwrit
ing.
"Why did Frank keep silent when
he knew those notes were the key
which would unlock the mystery?"
Dorsey turned to Fra, 4 k at this
point and said:
"You did know that he could write.
You knew that if it was found out
that the whole mystery would
solved. You had notes asking for
loans. You had seen his writing by
which he checked up the boxes of
pencils. Why did '’on keep silent?
"You saw him at the police station
and even then never mentioned that
he could write."
"Frank says that after this visit of
Conley’s to the Jail, after Conley had
gone to the factory and gone through
his pantomime at the time almost ex
actly to the minute that he said it
took, that on this visit to the jail he
said, ’I told them if they would get
the permission of Rosser that I would
face Conley.’ Now. gentlemen of the
Jury, Mr. Rosser was at Tallulah
Falls that day. Therefore, there was
no chance to get his permission that
day. But Mr. Rosser was . t Tallulah
Falls that day, and when he got b&ek
did he allow Frank to face Conley?
No, he did not.
"Gentlemen, you know it is true
that never in the history of the An
glo-Saxon race and In the history of
the African race has an ignorant,
filthy negro ever accused a white mat*
of crime where the white man was in
nocent and the white man decline to
face the negro. There never Mved in
Georgia a lawyer who possessed half
the ability of Rosser who sincerely
believed in the innocence of his cli
ent who would not have said to this
negro, ‘Face my client.’ You may sa.v
here that you did not know’ what Con
ley’s statement was going to be. but
you could have found out. You could
have known."
Rosser Objects
To Being Criticised.
Mr. Hosser was on his foot with an
objection to commenting on counsel.
After a moment’s wrangling, Mr. Dor
sey Insisting that he had a right to
comment on the action of the de
fendant's counsel, charging the facts
In the record justified him, Judge
Roan sustained the objection.
"But they see the force of It,” con
tinued Dorsey.
"Now, I don't think that's fair, your
honor," said Rosser, Interrupting
again There was another minute < f
wrangling, both Dorsey and Rosser
speaking at the same time. Judge
Roan again sustained Rosser.
Dorsey turned to the Jury, and
slapping his hand viciously on Mie
railing, shouted:
"If they don’t see the force of it
ypu do."
Rosser objected again.
"I insist, your honor that that ij
entirely proper comment. I ask you.
am 1 outside the record? I have a
right to comment upon their conduct
in declining to cross-examine wit
nesses."
“You may comment upon the acl
of Frank," interrunted Judge Roan,
"in not facing Conley and upon his
counsel not having given the permis
sion. but it Is not proper for you to
comment upon why counsel for the
defense did not do certain things.
Dorsey turned to the Jury:
"This man Frank, with Anglo-
Saxon blood in his veins, a graduate
of Cornell, a man of sense and intelli
gence and spirit, refused to see
Conley because his counsel was no:
in town. Hut when his counsel re
turned and he still had the oppor
tunity he dared not let Conley meet
him. It Is not necessary to take up
this discussion. Would the weakest
of you when Innocent and wrongfully
accused by a man with a black skin
on the charge of murder let Rosser
or any lawyer in the world keep you
from confronting him and nailing th"
lie. No lawyer of any age or clime
could prevent me from meeting
watches signed by him. and that if! man, be he white or black, who hail
you will go to the Jeweler's you prob- wrongfully accused me."
ably will find other specimens of his
handwriting.’
"But Scott aaii that no such thing
Pointing his finger at Frank he con
tinued:
“Yau went in a room and inter-
LEO FRANK ON HIS WAY
FROM JAIL TO COURT
This photo was
snapped as
Frank left the
Tower,
viewed old Newt l.#ee down at the po
lice station at 12 o’clock at night.
What did you do? Did you act likt
an Innocent man who was trying t«i
get at the truth? Oh. no!
Declares Frank Dared
Not Attack Negro Lee.
"Instead of going after him and try
ing to get from him new light on this
case—this man at whom you had
pointed an infamous suspicion to save
your own neck and to save your rep
utation on Washington street and in
tho B’Nai Brith —according to Lee,
you hung your head and quizzed him
not, but said: 'If you don’t tell more
about this we’ll both go to hell.’ Then
in your statement to the jury you
tried to make it appear that your own
detective, Scott, had concocted a
scheme against you and lied about
what happened.
"The reason Frank didn’t put it up
to Newt Lee was because he knew
Newt Lee was innocent. He knew
he was guilty and he was only adding
to the dastardly crime of assault on
the virtue of this little girl by trying
to break the neck of this old negro
to save his own reputation and neck.
"Listen to his statement. He is
smart. Listen how he qualifies and
fixes so that when we come back with
rebuttal the technical law will pro
tect him. Old Newt Lee had been
night watchman at that factory only
a few weeks. There had been other
night watchmen before, and the
charges of going into the place for
Immoral purposes were during the
time before Newt Lee came. He knew
the detectives had charged that peo
ple had gone in there for immoral pur
poses but in his statement on the
stand he confined his denial to th*
time Newt Lee was there as nigh
watchman.
\ "No. during the time old Newt Lee
was there there was but one person
for whom your passion burned.” the
Solicitor continued, turning to Frank,
"little Mary Phagan. She never would
go there with you. But if you were
telling the truth, why didn’t you make
a bold and emphatic statement that
none had ever been there. It w r as
during the summer previous that
Dalton and the others testified of the
immorality there. There was the
chance for impeachment of his state
ment, and yet you tell me that that’s
a good, fair, frank statement.
"Now, another thing, listen to 'this.
I read from the defendant's state
ment, ‘Now, in reference to those
spots claimed to be blood spots found
by Barrett, 1 don’t say they are not
blood. They are near the ladies’
dressing room, and we also have
many accidents near there. Let me
say in connection with those acci
dents that not all accidents are re
ported. Only those which incapaci
tate an employee are reported. But
I say it might have been blood. It
also might have been aniline dye or
paint. I have seen girls drop bottles
of this colored matter, but if it had
been fresh blood or fresh paint the
gasoline which was spread over it
would have become pink or red in
stead of remaining white.’
“Why Didn’t They
Bring in a Chemist?”
"But 1 ask you if the gasoline
would not have produced the identi
cal result which the witnesses say
Vas produced? Why didn’t you bring
before the jury a reputable chemist
and a man who would have sustained
you in this contention. If you had
time to bring in experts to attack the
overwhelming evidence of Dr. Roy I
Harris, why, in the name of truth and
justice, didn't you bring in just one
chemist to support your theory of
thp blood spots?
"You know the reasqji. You know
they were blood spots. You know’
that you didn’t bring in a chemist be
cause the result of spreading the gas
oline over blood would have been
exactly the result that was produced
in the dressing room oq the second
floor.”
Dorsey turned toward the Jury at
this point and asked:
"Are you going to take this man’s
unsupported word when his lawyers
are unable to get any reputable chem
ist to come In and stultify himself
by declaring that those spots were
not blood or that the result produced
was not that of spreading gasoline
over fresh blood?
"This defense can not—they haven't
got any defense. They circle and flut
ter. hut never light. They grab at
varnish, rat blood and Duffy’s blood,
but they never knuckle down to show
that it was not blood. In view of the
statement of Mell Stanford, who
swept that floor and who says It was
not there Friday; in view of the
statements of Christopher Columbus
Barrett, who, despite what they say,
continues to draw his livelihood from
the coffers of the National Pencil
Company; in view of the statements
of a great many others who went
there to see the blood spots, can we
get but cne solution of the matter? I
say you can not,
"Then they fly onto another sub
ject? It is the way they claim Jim
Conley took that body into the base
ment. But, gentlemen of the Jury,
you know, and they know, that th’s
body wasn’t taken down that scuttle-
hole. It did not show there where
the dust was thick. And then did he
shoot her down the chute of the
Clark Woodonware’s place, where the
body would have been concealed bet
ter and longer than where the body
was found? Did this negho, wh-j.
they say, robbed this girl—even If he
had taken time to write the notes,
even If he had hit her with a bludgeon
—do you think, gentlemen of the Jury,
that he would have taken the time
to tie a cord around her neck—a cord
seldom found in the basement except
when it was swept there with the
trash, hut the proper place for which
was in that metal room on the second
floor, where little Mary Phagan met
her death? If he had done all that—
after he had sent her body down the
chute—w’hy would he have gone down
Into the basement and have removed
the body from Its safest hiding place
down there at the bottom of the
chute, where the dust, trash and boxes
would have kept It concealed for
weeks at least? Why would he have
removed it out there near the boiler,
where the firemen and everyone else
would have been sure to find it?
"I tell you, gentlemen of the Jury,
that body was never sent down that
chute; that body was never sent down
that seuttlehole. It was taken down
into the basement Just As Jim Con
ley says it was.
"They fly off onto other things.
Why, on May 1, when Holloway
caught Jim Conley washing his shirt,
he said. ‘This is my negro.’ Fifteen
days later, when the second squad
of Pinkertons came In, can you tell
me, will you tell me, why, if he
shoved her down that hole, that not
until the 15th of May was this bloody
bludgeon found, and more blood than j
this girl has ever been shown to [
have lost was there?
"Another thing Frank said in his
statement that this man Quinn came
to him and told him he would like tc
take him back to the metal room*
where, the newspapers said, and where
everybody else said, and knew that
morning, that some blood and som3
hair had been found.
Stresses Fact Frank
Hadn’t Examined Spots.
"Although he had seen this In the
papers, although he had heard from
others In the factory that the spots
and hair had been found, although he
had been all around there, although
the knowledge of the finding of these
spots and hair had tom him to pieces,
although he was so anxious to get
detectives to work on the case that |
he had phoned Schiff three times, yet
Quinn had to come and ask him to
come back there to see the spots.
"Tell me, was that the conduct of
an innocent man anxious to help the
police? But, strange to say, not even
Lemmie Quinn comes to support yo i
in this statement. No one ever saw
Leo M. Frank go back there to exam
ine those spots.
"If there was ever a spot on this
earth that Famk did not want to
see it was the blood spot back there
in the metal room, the spot where
this little girl met her death. If
Frank went down there to the morgue
and the sight of that little girl tore
him to pieces as he tells you it did,
let any honest man on this Jury tell
me why it was he wanted to look
upon her dead body again.
"Rogers says he didn't look at It.
Black says he didn’t see him look
at It."
Attorneys Arnold and Rosser en
tered strenuous objection.
"Rogers did not say that Frank did
not see the body," said Arnold.
Dorsey: "It Is in the evidence. I
am not going to quibble with you. It
is the truth and you know itfl.”
“When Frank came into the room,”
continued the Solictor to the jury,
“he did not see her. And if he went
into that room, neither Rogers nor
Black saw him look at her.
never looked at the body of the girl
again. And even if he did, it was
but a glance as the electric lights
were switched on. He turned and
went Into another room.’’
Arnold interposed another objec
tion. “Your Honor,” he said, “noth
ing has been said about FVank going
into another room.”
Dorsey: “It has. It is in the rec
ord. Rogers said it.”
Arnold: "It is not in the record.”
Dorsey: "I say It Is in the record
and I challenge you to produce it."
"We don't have to produce it," re
turned Arnold.
Dorsey: "All right. You are quib
bling.”
Arnold: "We object, your honor, to
him. saying that we are quibbling."
Judge Calls Halt
In Bitter Clash.
Dorsey: "Well, why don’t yoq
look it up then?”
Arnold: "Your Honor, we object.
He has no right to go on in this
manner.”
Judge Roan: "Mr. Dorsey, you
must not say they are quibbling un
less they are. If it is in the record,
they are not quibbling. If it is in
the record and they say it Is not, then
they are quibbling.”
"If Frank ever looked at that face,"
said Dorsey, “and I challenge the
statement, it was so brief—if she was
dirty and begrimed, her hair bloody,
her features contorted—if he didn’t
know her better than he would have
you think he did, he never could have
identified her.
"Why did he go back there Sun
day afternoon? He had been in the
bosom of his family and failed to
show’ any nervousness. He said him
self he was torn all to pieces. He
went back there to put his ear to the
ground—to see if there were any
whisperings accusing Leo Frank of
the crime.
"Rogers didn’t see him look at her.
Black didn’t see him. He himself
said the sight tore him to pieces.
"On the way to the police station
he trembled on Darley’s knee. But
like a dog to his vomit, a sow to her
walVw. he went back to review that
ghastly sight. T ask you if he didn’t
go back to see if the police suspected
Leo M. Frank?
"He admits his nervousness in the
presence of the officers. The Seligs
said he was not nervous at home."
Rosser interrupted: "I have the re
cord of that evidence. The question
was: ‘You now say he went into
that dressing room?—A. I wouldn’t
say. He pased out of my view.’ ”
Dorsey: "That’s cross-examina
tion.”
Rosser: "Yes, but it’s the truth.”
Dorsey: "All right. I am glad you
corrected me. The gist of the matter
is that he didn’t look at the body of
little Mary Phagan.”
Rosser: “He’s wrong about that.”
Dorsey: "Take It your way. I am
going to throw you that piece of sop.
The point is, Frank w’anted to get out
of the way of the officers. If he w’ent
into that room, it was so brief a time,
that nobody saw it. He was afraid
of anyone who represented the ma
jesty of the law’.
“Reads Joke to Assure
All of Self-possession.”
“Out home Saturday night he
wanted to assure every one of his
self-posession by reading a joke. The
laughter w’as the laughter of a guilty
conscience. It Jarred. He wasn’t ner
vous at home. But he trembled when
he had to discuss the matter with the
minions of the law.
"Frank was nervous when he went
to run the elevator. He stated he
left the box open because of the re
quest of a member of the fire depart
ment, who had told him that in *ease
of fire, there &as danger of the fire
men being shocked if they could not
cut off the power.
"Why was that necessary when it
was so simple to get the key and just
by turning the handle, open the box.
Why didn’t they bring firemen here
to substantiate him? Old Holloway
told the truth when he made that af
fidavit in my office when he said ‘Old
Jim Conley is my nigger.’
“The true facts are, when Frank
came down to that elevator Sunday
morning, the box was open, and the
key w’as in his pocket.”
Rosser: “Now’, your Honor, there
isn’t a bit of evidence to support that
statement.”
Dorsey (as one of his duputies
handed him the record): ‘‘Your Hon
or. the evidence sustains me in this
case, Just as it did in the other. I
am going to read you Boots Rogers’
direct testimony: T didn’t see him
in the room, but I saw’ him turn into
w’hat I thought was a closet, but af
terwards found it was a place where
someone slept. There was a bed in
there.’ ”
“I don't care what he led out of
him,” answered Rosser: “I read him
the cross-examination, which was the
truth.”
Judge Roan: "Mr. Rosser, don’t in
terrupt him as long as he stands by
the records.”
Dorsey: "Yes, I want him to in
terrupt me. I don’t want to misrep
resent this case. There is enough
straight evidence. I don’t want to
mislead this jury."
Judge Roan: “I just wanted to
know whether you meant the state-
I tell you. Lite truth is FrankUnu the ks* waa in Frank!s
pocket as a deduction or a statement
of evidence?’’
Rosser: "That’s what I am object
ing to. He stated something that was
not so. I don’t mean that he knew it
was not so.”
Waives Point
As Immaterial.
Dorsey: "I don’t care anything
about that point. It is my recollec
tion that it is true, but I waive it as
immaterial.
"Frank says that after looking at
the body he identified it as that of
the little girl who had been up the
day previous and got her money. He,
went back to the factory, unlocked the
safe, got out his books and found
out that there was a girl by the name
of Mary Phagan who had got her
money the day before.
“This made it impossible for a mis
take. He might have added, ‘I found
her back in the metal room. I made
my lascivious proposals to her. She
refused me, I struck her too hard and
knocked h^r unconscious. Realkdng
my predicament, I choked her to
death. I called Jim Conley, and to
gether we took her body to the base
ment. I had made her envelope out
52 times a year. I had passed her
machine every day that she worked. I
had called her by name. I had placed
my hand on her shoulder.’ Of course
it was Mary Phagan. There could be
no mistake.
"Frank said in his statement be
fore you: ‘Geesling turned her head
toward me. • He put his finger in the
wound on the back of her head. Her
face w’as scratched. Her right eye
w’as blackened. Her tongue was out
and there was a deep indentation in
her neck. There was blood on the
back of her head. Her face was be
grimed and dirty.’
"Do you mean to say that in that
flash that Frank took at the face, if
indeed he did take any glance at all,
that he could have comprehended all
this detail?
"Is Detective Starnes a perjurer?
Frank said that in his conversation
with Starnes the morning of the
murder, he asked over the telephone:
'What is the matter; has there been
a fire at the fafctory?’ He said that
Starnes replied: ’No, there has been a
tragedy and w’e want you down right
away.’
“But Starnes testified that he nev
er used the word ‘tragedy.’ And that
he gave Frank no intimation of w’hat
had happened. Again, it has been
imputed that the detectives and po
lice force have centered all their ac
tivities against Frank, and they have
refused to hold any theory which in
volved anyone else. But if they had
been looking for the easiest man to
convict, wouldn’t they have picked
out someone else than Frank?
Easier To Have
Picked Some One Else.
"It would hai’e been easier if th?
detectives wanted to move along the
line of least resistance to have picked
out Newt Lee, Gantt or Conley.
"Again, New’t Lee says that Frank
called up Saturday night—something
that he had never done before. Frank
says that he asked about Gantt; that
he asked if Gantt had left the factory
yet. But New’t Lee says that Gantt’s
name never was mentioned, and that
Frank only asked if anything had
happened at the factory.
“Frank had instructed Newt Lee
previously not to let Gantt in, wheth
er because he did not want Gantt to
see him talking to little Mary Pha
gan, I do not know’. But when he
called up Newt Lee that night, you
know it was not so much to find out
if Gantt had gone as to find out if
Newt Lee in making his rounds had
discovered the body of this dead girl.
"Frank’s lawyers asked you, ‘Would
you convict this defendant on this
circumstance, or on that circum
stance?’ No; but I would put all
these circumstances together and I t
would say, in conformity to truth and
justice, that they bound an unbreak
able strand about this man. They
make such a rope, such a strand, such
a cable, that it not only is impossible
to conceive a reasonable doubt, but it
is impossible to conceive any doubt
at all.
"Frank wqs in jail. He made a
statement that he didn’t leave the of
fice between certain hours. Frank
didn’t know that his own detective,
Harry Scott, had found Monteen Sto
ver, who went to the factory that day
and found Frank absent.
"In his statement before.you, Frank
tried to get around this by saying
that he had no recollection of leaving
his office, although he may have done
so unconsciously as men often do.
But I tell you that if he had not been
back there with Mary Phagan, Mon-
teen Stover would have seen him and
got her pay.
“Harry Scott, working with the city
detectives, asked Frank these ques
tions: ‘From the time that you came
back from Montag’s until you went
upstairs at 12:50 to see Mrs. White,
did you leave your office?’ Frank
said ‘no.’
"Scott asked: ‘From the time that
you left Mon^ag’s until Mary Phagan
came for her pay, did you leave your
office?’ F*rank said ‘no.’
“Can Not eBlieve
Frank’s Story. ’ ’
"Not until Frank saw the wonder
ful capacity and the wonderful abili
ty, the devotion to truth and right of
Harry Scott, did he set him out from
his councils. Notr ealizing the im
portance of his statement, he told
his own detective right in the pres
ence of John Black that at no mo
ment from the time he returned from
Montag’s until 12:50 did he stirout of
nis office.
“Do you mean to tell me that a
conscientious jury can believe this
man in his statement on the stand
which throws aside the story he told
his own detective? You can do it,
but as you live, wherever you go,
your conscience will oppress you.
"If you do it you lose the peace of
mind that goes with a clear con
science and that goes with a knowl
edge of duty well done.
"He indicated nervousness when he
talked to Starnes. When Black w’ent
out to gete him and he sent his wife
to the door, he bertyade nervousness
by the rapidity with which he dressed
and the rapidity in the form of the
questions he put.
"But before that he had warned old
Newt Lee to come back at 4 o’clock.
Dutiful old darky that he was. Newt
Lee was there. He found Frank en
gaged in washing his hands. He sent
old Newt out. although Newt insisted
that he wanted to sleep, and there
were plenty of places around that fac- i
tory where he could have lain down
and had a nap. But no; Frank was
waiting for Jim Conley. He wanted
him to come back and burn that body!
so that the police of Atlanta to-day 4
would not have solved the mystery of
the death of Mary Phagan and prob
ably would not have known she w’as
killed in the factory.
“Frank Needed to
Be Sustained.”'
"He didn’t want Gantt to go Into
that factory, but met him at the door.
Gantt told him he wanted to ge a pair
of shoes. I was almost providential
that Gantt had two pairs of shoes
there. Frank hung his head and said
he noticed a boy sweeping out a pair
of shoes. He gave the color of the
pair, but when Gantt insisted that
there were two 'pairs, he allowed him
to go in with old Newt Lee. Lo and
behold, both pairs were found!
“Frank told you how he acted onl
that occasion. Newt Lee told you how
he jumped. Starnes and Black bald
he was nervous. You say (pointing
to Frank) it was because of the auto
ride; It was because you had missed
breakfast; it was because of th©
grewsome sight.
"Oh, he neede to be sustained. Ha
neede someone to support him when,
lie sent his wife to the door. Ha
needed someone to support him who
he had her telephone to Darley to
meet him at the factory. He needed
to be sustained when he sent for
Haas. He needed to be sustained
when he sent for Rosser, big of repu^
tation and big of frame, dominating
and controlling so far as he can avn
er.vbody he can.
"And this man Darley we had to ga *
into the enemies’ camp to get him.
Fortunately I got on the job early
and Issued a subpena for him. For
tunately Darley did not know he did
not have to come, so he obeyed and
made an affidavit in my office. There
fore, he came up here and upheld his
affidavit in so far as he had to.
"Darley said that Frank was ner-<
vous, and trembled in the factory.
He said he shook like an aspen leaf
when he sat on his lap in the automo-*
bile. He said in his affidavit to me
Frank was completely unstrung. On
the stand he changed it to ‘almost
completely’ unstrung.
“This man called for coffee at the
factory, as Durant called for Bromo
seltzer; trembling and shaking, he
said it was due to looking on such a
grewsome sight. Durant explained
his appearance from inhaling gas.
Y'ou tell me these statements of his
explain away the evidence of his ner
vousness? No. you know it was only
the consciousness of the infomous
crime that he had cimmitted.
“That isn’t'all. This man Grice
was going to catch on the second
morning after the murder stopped at
the factory and saw him. He swore
he was nervous
Trembled in Shoes at
Fear of Scott.
At this point the jury was allowed
to retire for asoft drink.
"Old New’t Lee says that when he
w’ent back to the factory that Satur
day afternoon at 4 o’clock,” said Dor
sey in resuming his argument, "he
found the inside door locked. He
says that Frank came out of his of- j'
flee and given him Instructions. That
light down in the cellar that had al
ways burned bright was turned down
until it glowed no more than a
lightening bug. You tell me old .Tim
Conley felt the necessity of turning
down'that light? I tell you it wan
turned down by Leo Frank when he
went down to place the notes beside
the body after he had found that Jim
Conley wasn’t coming back to burn
it.
"He turned it down in the hope*
that New’t Lee would not discover
the body that night.
“And here is Harry Scott. It
didn’t take an affidavit to hold him to
the truth, though I tell you I trembled
In my shoes after my experience with
Darley. While he was their detec
tive. Scott was one of the most im
portant witnesses for the State. For
a time I w’as fearful he had thrown
me down. But he stood by the truth
like a man. He said that Frank
squirmed and twisted in his seat;
rubbed his face; sighed and drew
deep breaths.
"On his way to thep olice station,
Darley. the man next to him in pow
er, said he trembled on his knee;
that he aws nervous and pale; that
his eyes were large.
"Tuesday morning, just before he
was arrested, if he ever was arrested.
Policeman Waggoner, sent to watch
him from across the street, found him
pacing back and forth in his office.
He said that he came to the window
and looked out at least twelve times
within thirty minutes.
Not Dared To
Impeach Kelley.
"I have already talked to you about
the time element. The defense has
shown that McCoy did not have a
watch. They have * tried to down
George Kenly, and there have been
impeachments on both sides. They
have tried to impeach George Epps,
but there is one man for the State
upon whom they have not dared to
cast suspicion. That is this man M.
Kelly, who rode on the same car with
Mathews and Hollis from Broad and
Marietta street to beyond Hunter He
says that he knew Hollis and Math
ews and that he knew Mary Phagan,
and he says that Mary Phagan was
not on the car. There is no impeach
ment of him.
“Mr. Rosser says that he does not
care anything about the medical evi
dence—that he paid but little atten
tion to it. Well, gentlemen of the
jury, I am not going back on my rais
ing, and there is nothing more whole
some for the normal stomach than
cabbage, eornbread and butermilk,
and it’s good enough for any man.
“Rosser’s words that he does not
care for the medical evidence are be
lied by the number of men they
brought in on this particular evidence.
They did not bring one reputable
chemist to refute the testimony of Dr.
Roy F. Harris. They brought in sur
geons and general practitioners. Why.
I would not be surprised if their rea
son for going out to get these general
practitioners was not in the effort to
get some of the family physicians to
bring here and influence the jury.
Arnold objected.
"Your honor,’’ he said, "that is ab
solutely unfair. It is insulting to the
jury.”
"I insist that my words are emi
nently proper,” said Dorsey. "I have
not charged any fact. I am simply
expressing my opinion. I am going
to compare the qualifications of the
physicians they brought in with that
of the experts we placed upon the
stand. They went out and got gen
eral practitioners, and I am bringing
out the fact that there must have
been some other reason than any
knowledge their physicians might
have.”
“Go on,” said Judge Roan.
*1 though; so.” said Dorans*. .