Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 25, 1913, Image 3

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■ —T?rm' TTIK ATT; ANT A HKOKiUAN AN T) NEWS CROWD SEEKING TO AT END AST DAY OF FRANK TRIAL TS SSte ■■ kf?t«W S^&kswmi ■«/**»» *\W-V’•-•■■; *■-■■—•' : ' 5' ■ ;■ / ■<■ ■ vv. .... ft ~ r-* ft.” ■ «•■' ..* #*>«* i ■' •'■ ’ '" ■ ■ .«;* ifcii 1 :. v '>L iU go ur lH |if- gent called up Saturday night—something I to be .sustained when he that he had never done before. Fran c | Hass, tie needed to b« mis!. says that he asked about Gantt: that when he gent for Monger, big of i he asked if Gnfitt had left the factovri tation and b'g of frame., cumin !vej. But Newt Bee says that Gantt's and controlling so far an he.es name never was mentioned, and that erybody he < an. I Frank only asked if anything had “And this man Darb y. \\b ha< happened sst th«* factory. „ into the enemies’ camp to g> “Frank had instructed 1 Newt Lee Fortunately I got. on the job previously not to let Gantt in. wheth- and issued a: nubpena for him. er because he did not want Gantt to I innately Darb y did not kr see him talking to liitle M ;>:■•.• P!m- gan. I do not know. But when he called up Newt Lee that night.’ you n Continued From Page 2. i.s in the evidence. I , l i i<> quibble with you. It > tb iiij vna know itfl.” i rk . inie into the room,” •he s d. tor to the jury, no*. ' 0 her. And it he went r< ii. neither Rogers nor 'aim look at her. ou, ihe truth is that Frank j ;<h: at the body of the girl \nd even if he did, it was ■ nee ( ;itiio electric lights ';<!>. f on He turned and ino about F It r objec- . "noth in the rec- “We do turned Ar Dorsey: Arnold: ring not in the record.” ■ it is in the record you to produce it.” e to produce it,” re- ight. You are quib- your honor, to e quibbling.” Judge Calls Halt In Bitter Clash. Arnold: “Your Hone He ' no right to g matin' Judge Roan: “Mr, Dorsey, you must not -ay they'arc quibbling un less they are*. If it is in the record. ! a't you we object, on in this 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 we.a 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 ns it did in the other. 1 am'gfling to read you Boots Roy• rs’ direct -m mony: ‘I didn’t see him in the room, but I saw him turn into what 1 thought was a closet, but af terwards found it was a place where someone slept. There was a bed in “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. R< . don’t in terrupt him as long as he stands by the records.” Dorsey: "Yes. I want him to in terrupt mo. I dpn’f want to misrep resent this case. There is enough straight evidence. 1 don’t want to mislead this jury.” Judge Roan: "i just wanted to know whether you meant the state ment that the key was in Frank’s pocket as a deduction or a statement of • vidence?” Rosser: "That’s what 1 am object ing to. Ho stated something that was not so. I don’t mean that he knew it was not so.” 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 1 challenge the statement, it was so brief—f she was d> \ and bey rimed, her hair blood v, her features contorted—if he didn’t know h* r better than he would have you i hm.a he did, he never could have identified hot. "Why did he go back there Sun day afternoon? He had been in the bosom of hi> family and failed to how any nervousness. He said him self he was torn all to piece He went back there to put his ear to the ground—to see if there were any whisperings accusing Leo Frank of the (rime. s didn’t sec him Inolt or her dn’t see him. He himself sight tore him to pieces. ded on Darley’s knee. But g to his vomit, a sow to h i :r went back to review tha: •ight. I ask you if he didn’t • see if the police suspecte< tin : ervr lat evidence, now say jsness in the The Scligs at home.” The quesnor ie._went inti room?—A. I wouldn’t That’s cross - exa m in-1- t it’:-: the truth.” t. I am glad ' ou list of the matter k at the body of) w rong a bo mi that pier r.,J. H<' “Reads Joke to Assure All of “elf-possession. ” n u home Saturday nigh! he n:m l | to '-••-ure every one of Ilia . - ib- reeding a joke. The 1 i •:•> liter wad the laughter of a guilt fo-.-.-o ■■nee. I jarred. He wasn't ner. v, e jjfid ) discuss the matter with the •„•; n p js nervous when be went to ran‘Lie elevator. He stated he v't th* box open because of the re- ... if .: member of the fire depart-: , qn had told him that in case • here was danger of the fire- sh'“ ked if they could nor Waives Point As Immaterial. Dorsey: "I don’t care anything about that, point. It i.s my, recollec tion that it is true, but 1 waive it as immaterial. "Frank says that after looking at the body he identified It as that of the littl. girl who had been up tb* d iy previous and got her money. He v. nt 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, T found her bock in the metal room. I made my lascivious proposals to her. She refused me. I struck her too hard and knocked her unconsc Sous. Realizing niv predicament, i choked her to (P ath. 1 colled Jim Conley, and to gether we took her body to the base ment. I had made her envelope out: Til' tirr.es a year. I had passed her machine every day that she worked. 1 had called he r by name. 1 had placed nr. hand on h“i* si < ulder? Of course it Was Mary Phagan. There could be "Frank .-aid in his statement oe- r vo r. ‘Ge<*sling turned her head toward me. He put his finger in the wound on the back of her head. Her face w ) ■ scratch.* ’■ Her right <*>’*• was blackened. Her tongue was out n’ld there was a deep indentation in neck. Then' 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 I indeed he did take any gThnee at all.. . . .. I that bo could have; comprehended all ,L. ; | “I- T> lectivo Starnes a perjurer? ♦ Y*Vi Frank -aid r hat in his conversation vith Starnes the morning of the nurder, lie asked over the telephone* What : s tbo matter: has then- been fire at the factory?’ He said that Starnes replied: ‘No, there has been a ragedy and we want you down right Dirle * to come, so he <■ affidavit in my offi said the ion ind "This it v v * Newt Lee in making his rounds hid j discovered the body of this dead girl. “Frank’s lawyers asked yon, ’Would you convict this defendant on this circumstance, or on that circum stance?’ No: but 1 would put al these circumstances together and 1 would say, in conformity to truth ani i justice, that they bound an unbreak- ■ factory, as Pur. able strand about this man. They seltzer; trembiir make such a rope, such a si rand, such I j: was dm* a cable, that it not only is impossible growsome sight, to conceive a reasonable doubt, but it * iibi appearance is impossible to conceive any doubt | You t< 11 me the "Frank was in jail. He made a i v«'»us.less? No. > statement that he didn’t leave the of- I the consciousne: fice between certain hours. Frank I crime that he h: n't w th- t, his <• • ri ■:•••• nnteeh Sio- | was going to cp nr 1 r oik a 1 “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 ho had not bpen back there with Mary I tags n, 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 tirn. that yen earn*.* back from Montag’s unto you '-vent upstairs at 12:50 to s. . .Mrs. Whit", did you leave your office?’ Frank said ‘no.’ “Scott asked: ‘From the time that you left Montag’s until Mary Phagan came for hsr pay, did you leave your office?’ Frank said ‘no.’ ‘Can Not Believe \ i n h n leaf — in tin IP mm 1 mir 5 Tfm*,:«• strung. On to ‘almost jur Ding t n Harry Scott, had found ver, who went tc t im •. afraid was by tu cessary when i the kev and jus e, open the bo^ Frank’s Story.” "Not until Fmnk sn.w«tho wonder- n ful ( ipacit.v and the wond ^ ty. the devotion to truth ancr right of Harry Scott, aid he set him out from his councils. Not r» alizing the i>im portance of his #staterni nt. ha* S( >ld his own detective right in tin pr< - cnee of John Black that at no mo ment from the time he returned from Montag’s until 12:50 did he stir out of nis office. “Do you mean to tell me that a conscientious jury (pm believe thL man in his statement on the stand which throws asidq the story he told his own detective? You in do it, but as you live, u/her« v r you go, your'conscience will oppress you. “If you do it you lo.-w ti r>< ce or mind that goes with a char con fidence and that goes with a knowl edge of dutV 1 11 -.one. “He indicated nervousness when he talked to Star aes. W hen Bla< k w eat out to get him and h*- sent ids w f> to the door: he botray* d nervousness bv the rapidity with which h< dr< sse i and the rapidity in the form of th* 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 insist -J «>| w e re plenty of places around that fac tory wh; re he could have lain dow n and had a nap. But no; Frank was waiting for Jim Conley. He want- d i' l yq>ea , ‘ , ir him to come back and burn that body (mv.- trl so that the police of Atlanta to-dav ! « llJt would not have erolved tL. mystery ->f upon wi the deatli of Mary Phagan and prob ably would not cave known she was killed in the factory. he was nervous. Trembled in Shoes at Fear of Scott. At this point tho jury was allowed to retire for .asoft drink. “Old Newt Lee says that, when he went hack to the factory that " ■■'tr- 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- fi e and given him instructions. That light down in the cellar that had al ways burned bright wbs turned clown until it glowed no .more than *• lightening bug. . Ybu tell me o' I Jim Conley felt the necessity of turning down that light? I tell y < i it was turned down l)y Leo Frank when he went down to p-lace the notf beside the body after he had found ihat Jim Dorsey’s Statements. Conley wasn’t coming back to burn ing, and there is nothing mor< some for the norm 11 stomach iha.i cabbage, Combre.id and buttermilk, and it’s good enough for any 1 man. care for the medical evidence a re* l" - lied by the number of ipeii the % tiroiu- ht in on this \ irti«atlar evid re. The a did ndt bring one repntabb ( hetnist to refute me test imony of Dr. Foy 1-’. Harris: Th' v t>rou f ;:• t In u- ! p I would not ba suroris 1 d if taeJr rt,* son for going out to get these m ner*tl ;•!..■•■ i;u>4M>rs. iiv Die effort, tu g. t some of the family physicians to bring here and irdlqence th jury. Arnold objected “Your honor,” hr* said, “that is ib- sotutcly 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. 1 am going to compare the oqaPlications of 'he physicians they brought in with that «>f the experts we placed upon the stand. Tlu-y 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. "I thought so.” said Dorsey.- erburdenod with a terrible load that oke. It was fear, remorse and ter- r, remorse for tin past and terror for tin future. Spectral shadows flit ted before him, the specter of the - r irl, this trial, the gallows, and in famy. Guilt forces itself into the spec* h and conduct and is Its own he i i .i ver. "So f; ir not f word about Conley. I ft us lis cuss ’onb y for a moment. VW can lc ivc C’< jnlcy out and we have got a r< »ui se of conduct indicative <*f iruilt, b* us. it is consistent with th«- theory >f guilt and inconsistent with any «>th r hypothesis. al at (un mad had and constipation « the that his wort other general pra * ikon against suet i no r uni -nt to r wav am. who $a wh with cab- YVhy this l of word.. You tell Of the is to # lr ologtst of note, Johnson and of Ideas end t i tiorvl i i stim na ■ Arnold Objects To "He turned it down in th* hopes that Newt Lee would not discover "And here i.- Harry Scott. P didn’t t -ke an afb ’avit to hold him to the truth, thovu;a I tell you 1 trembled in my shor . after my experience' with Dailey. While he was their detec- man by tin- name of Dun bin murder of two little < hildr words are better than I eou ! It will explain tin cause of ; nervousness of Leo Frank. i Nature’s Accusation, He a Oils Nervousness. ight toi that,” comment mie port ani witness's for the State, a time I r, a -- ft*arful he had thr me down. But 1; stood by ihe like a man. He said that F squimn'd and twisted in his s rubbed his face; sighed and ( Darley, the man n< xt to him in i that his e iws nervous st< ann olkcman Wag;: m from across* c said that he ithin thirty mil "Your he said Arnold. “He he make such comments “He has thr tight 1 his opinion,** said Judge l|o^n. ‘ 1 W ■ 11, \y< want both of our objec tions recorded, your honor,” said Ar nold. "Of course, you may rule them out, but \\c insist on it just the ”1 can see no other reason.” con- or tinued Dorsey, "for going out and " vr> j getting general practitioners except ' *’• upon that theory, rind I stay that the :in - < I number of doctors put up here by the 1 l! | <:. fen sc belies the statements of Mi. 1- ew ! Ross* r that they did not attach much i importance to the Stall ’s contention ovv • ah at a certain time. "I say. g ntlemen of t that j Mary Phagan met her lie ( factitry shortly aft.-r n ’■•d, time Mrs. White came i itch whatever time it was fie,. I ‘ ft in his he e, a mightv secret o! t, the overwhelming guilt. It was natun “Is Dalton t» low-down character? If so, is he not exactly the kind of a MiT) that would b< found consorting with this woman. Daisy iTopkins. J J. grant you that Dalton in his young, i days was not what he should have icon. You brought witnesses from Wulton County to testify as to his bad character, but wp took Dalton after In* got to Atlanta and did for him what you didn’t dare t<> do for Daisy Hopkins. \Y" gave him a good char acter. Rosser says, ‘Once a thirf. always a tlfl' f.’ lie says that a thief i • '< n ally damned, but Christ In His ying agony on the cross turned to side and said, ‘This erpt the thief it hi s side Tied day shall thou be wi -I a disc th.V “If our eligion teac Hi teac hes th it a thief c •*tk. he in vv be rehat this corn e a us •ful membe “Did we sustain Dalton? By fur more witnesses than you put here to Impeach him. Did we sustain Dal- ton? We sustained him not only as to character, but also by (\ T. Mayer, unimpeached and unimpeachable, who L stifled that he actually saw Dalton go into the pencil factory with a woman. "Corroboration of Conley? Ol course it’s corroboration -of Conley. They failed absolutely and inglorious- l.v to explain this woman. Daisy Hop kins, which is another corroboration of Conley. Rosser Coiild Have Found Who Dressed Up Conley. “Rosser said he would give any thing to know who dressed Jim Con ley up. If be would use half the ef fort to find this out that he did to impeach Dalton he would have found it out «a.-^ly enough. The man who dressed up this negro, whom you would have dr- ssed in a shroud, dc- served not the f' lidemnation but the praise of this jury. “Let ms • . why Jim Conley should now have been delivered into the hands ol th< polic . which, if no bet ter than th* Sheriff, are just as good.” Dorsey picked up a copy of the plea in the habeas corpus proceedings which resulted In the removal of Con ic'. from the county jail back to the poli' e station, and read it through. “This plea charged many things, - * Continued on Page 13, Column 1. CASTOR! A For Infants and Children. The Kind You Have Always Bought Bears the Signature of 25 Per Cent Discount on Rubber Hose. met E FIA i v Special Prices on all. Screen Doers and Windows. WARE found rive ti: Not Dared To Impeach Kelly. , Weak, Nervous an:; ! ; A i Diseased Hen G ermanently Cursdj •‘Frank Needed to Be Sustained.” Marie "But Starnes testified .that he nov el- u.T“1 the word ‘tragedy.’ And that he gave Frank no intimation of what 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- . vo’ved anyone ol-e. But if they had) been looking for the easiest map to convict, wouldn’t they have picked out someone else than Frank? Easier To Have Picked Some One Else. "He didn’t want Gantt to go into that factory. but met nlrn at t! * dour. Gantt told him bo wanted to ga pair of sho»s. L was almost providential that Gantt had two pairs <*f .«ho» s there. Prank hung his head and he noticed a bov sweeping out a pair of shoes. He gave the color of the pair, but when Gantt insisted fru there were two pairs, lie allowed him to go in with old Newt Lee. Lo and behold, both pairs were found! ows and tbn and he says not on the < “Mr. Re in. Th d Ho!!c M oar* d to Hunter. He and Maih- DR. HUGHES is at mHneri'tljA curea Tre mature Weakner J 'Jlood Poison, Kidney, Bladder, Pres i talic and Contracted Diseases and . Chronic and Prd'a c e D .ses cur- <1 it it few days. Varicocele. HydroceP Stricture. Plies and Fistula. I a: Allot it' roods are from our regular stock, and all are first quality enameled ware. Nor.o of them an {■■:■■ tory seconds or factory job lots. They are all priced at, and many be low, actual cost. Rules of the sale, cash only. None delivered unless purchase amounts to $1.00 or more. K>n or t>■ I DASH GRO, CO, ti&XSM ■noia, com pairs tme muiiu. in .. "Fiank told vou how ho noted m m HR Jt»Q VllflfOf *** @ tat o oaslon. Newt Uee told ou ho ; \ jU lUwl U U M one - Ac he jumpecU Starflus and Black he was nervous. You say (pointing 1 to Frank) It was because of th ride; it break L 1 F 1 nk) It was . ,-«»• of ihe lOSHver t was becaus. you had mlss.-d -J , * ■ j ust; It was because ot the] ^ « j grewsome sight. "Oh, he needed t $<g .351 It would have been easier if tha neede :? n.inted to move along th- Lhe st-nt hi; ut Newt 1 Gantt <*r Conley. • he h:ul her "Again, Newt Lee says that JO ana niuci mini a ne* uneone support n l euntry Eggs, clez. . 22|cl| “• * “ aM'D/Pril-tf ih V ai v. l.all. i JU>m, -a* 1 *■ , |f LliiaCr. .ConKuit me :i per if irn the truth al and perhaps Rave ing and expense, gt Actuate and licensed, 1 r ed m d reliable For 30 davs my fee will half what other specialists Weekly or Monthly Payrr. cepted. FOR BLOOD POISON [ use t? marvelous GERMAN REMEDY, "606“ or "914,” and suet in.; t «»ve 1 renu <:i< -i used far the cure of this <i a. t.. detention from work. For Weak Men, Lymph Compound. restoring the vital forces to the fuller degree. In Chronic Dlr^ases my patients ar> cured in less time, tulckly. and I u> th*' latest improved methods Cot ci tation and advice Free. or write, DR HUGHES. Oppcsltb Third National Bank, 16‘/ a N. Broad St., Atlanta G-.. Hours: 9 a. m. to 7 p. m.; Sundays, lie ..74c vincj Ket- t.25; this 77c qttf Ket- i.25; this 77c f r ■/ i '. 1 . •; • : » All white Tea Pot, regular price 85c; this sale Blue and white Pie Panp: reg- i ular price 20< ; .his sale... 42c 7c Blue and white Jelly Cake Pans, reejul; r price 20c; this sale 7c All white Wash Basin; regular price 35c; this sale 17c All white Dairy Pan! regular price 40c ;th!s sale 23c All White Df.iry Pan; regular price 40c; this sale 23c Blue and white Mixing Bowl; . regular price 60c; this sale 32c Gray Enameled Dish Pans— This Size. Regular. Sale. 10-quart 35c 17c 14-quart 40c I8c 17-quart 50c 21c 21-quart 65c 23c > T /TY iFAli N HARDWARE CO. i-*o' iv n. 0 the factory. 53 Peachtree Street $3.75 all Oak Porch Swings $1.98. 10 Per Cent Discount on all Electric Fans. i<X I -J ‘