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THE ATLANTA' GEORGIAN ANT) NEWS.
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Continued From Pag© 2.
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.
“I tell you, the truth is that Frank
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 Frank going
Into another room.”
Dorsey: “It has. It is in tl\e rec
ord. Rogers said it.”
Arnold: “It is not in the. record.”
Dorsey: “I say it is in the record
*.nd 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: “Weil, why don’t you
took 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, I
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
wallow, he went back to review that
ghastly iight. I 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
gay. 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
corr ected 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 wanted to get out
of the way of the officers. If he went
ln:o 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 was 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 nervoug when he went
to run the elevator. He stated he
[eft the box open because of the re-
3u“- et t of a member of the fire depart
ment who had told him that in case
of fire, there was 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 was 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’
f lirect testimony: ‘I didn’t see him
n the room, but I saw him turn into
what 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
ment that the key was 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 matte
my lascivious proposals to her. She
refused me, I struck her too hard and
knocked her unconscious. Realizing
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 was scratched. Her right eye
was 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 vou 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 factory?’ He said that
Starnes replied: ’No, there has been a
tragedy and we want you down right
away.’
“But Starnes testified that he nev
er used 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
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 have been easier if the
detectives wanted to move along the
line of least resistance to have picked
out Newt Lee. Gantt or Conley.
•‘Again* Newt Lee says that Frans
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 Newt 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 dcr 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
stanced No: but I would put all
these circumstances together and I
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 was 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, w orking 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 Montag’s until Mary Phagan
came for her pay, did you leave your
office?’ Frank said ‘no.’
“Can Not Believe
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. Not realizing 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 stir out 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 or
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 went
out to get him and he sent his wife
to the door; he betrayed nervousness
by the rapidity w’ith which he dressed
and the rapidity in the form of the
questions he put.
“But before that he had warned old
New: Dee 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
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
would not have solved the mystery of
the death of Mary Phagan and prob
ably would not have known she was
killed in the factory. •
“Frank Needed to
Be Sustained.”
“He didn’t want Gantt , to go into
that factory, but met nlm at the door.
Gantt told him he wanted to get 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
pai* 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 on
that occasion. Newt Lee told you how
he Jumped. Starnes and Black . -id
he was nervous. You say (pointing
to Frank) it was because of the au‘o
ride; it was because you had missed
breakfast; it was because of the
grewsome sight.
“Oh, he needed to be sustained. He
needed someone to support him when
he sent his wife to the door. He
needed someone to support him when
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 ev
erybody he can.
“And this man Darley, we had to go
into the enemies’ camp to. get him.
Fortunately I got on the job early
and Issued a siubpena 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 hit* 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 arid shaking, he
said it was due to looking on such a
grewsome sight. Durant explained
his appearance from inhaling gas.
You tell me these statements of his
explain away the evidence of his ner
vousness? No, you know it was only
the consciousness of the infamous
crime that he had committed.
"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 Newt Lee says that when he
went back to the factory that Satur
day' afternoon at 4 o’clock,” said Hor
sey' in resuming his argument, "he
found the inside door locked. He
says that Frank came out of his of
fice 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 Jim
Conley felt the necessity of turning
down that light? I t^ll you it was
turned down by r 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 hopes
that Newt 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 it 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 Kelly.
“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
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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, cornbread and buttermilk,
and it’s good enough for any man.
“Rosser’s w’ords that he does no'
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 w'ent 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.
Arnold Objects To j
Dorsey’s Statements.
"Your honor, we object to that,”
said Arnold. "He has no right to
make such comments as that.”
"He has the right to comment on
his opinion,” said Judge Roan.
“Well, we want both of our objec
tions recorded, your honor,” said Ar
nold. “Of course, you may rule them j
out, hut we insist on it just the i
same.”
“I can see no other reason,” con- .
tlnued Dorsey, “for going out and |
getting general practitioners except j
upon that theory, and I any that the
number of doctors put up here by the
defense belies the statements of Mr.
Rosser that they did not attach much
importance to the State’s contention
that little Mary Phagan met her
deah at a certain time.
"I say, gentlemen of the jury, that
Mary Phagan met her death some
time between the time she entered the
factory shortly after noon and th-
time Mrs. White came in at 12:35 or
whatever time it was and found
Frank at the safe—and Frank Jumped
at the sight of her.
“Then they put this young man of
seven years’ experience, the young
man from Michigan, against I)r. Roy
F. Harris, secretary of the Georgia
State Board of Health, a native born
Georgian and one of the most emi
nent authorities In the State. Mr.
Rosser says that he admitted Dr. Har
ris’ father to the bar and that his
father was one of the brainiest men
he ever knew', but that his son is not
of the same quality.
"But, gentlemen of the jury, will you
take the opinion of this young man of
seven years' experience and the other
young men, the pathologist of Alsace
Loraine, against the opinion of Dr.
Harris. Take this man Olmstead, sur
geon of the Georgia Railway and
Electric Company, a man who saws
off bones and experiments with cab
bage in diseased stomachs. Why this
mad had a perfect diarrhoea of word.;,
and constipation of ideas. You tc.l
me that his w'ord and that of the
other general pracMtiontrs is to b
taken against such testimony as that
of Roy Harris, a pathologist of note,
and against Clarence Johnson and of
Niles and Funke?
"I want to read you here an excerpt
from the address of a lawyer named
Hammond, who w’as prosecuting a
man by the name of Dunbar for the
murder of two little children. His
words are better than I could speak.
It w’ill explain the cause of all this
nervousness of Leo Frank.
Nature’s Accusation, He
aClls Nervousness.
"It had to come, a mighty secret of
fact In his heart, the overwhelming
consciousness of guilt. Ii was nature
overburdened with a terrible load that
spoke, ft was fear, remorse and ter
ror, remorse for the past and terror
for the future. Spectral shadow's flit
ted before him, the specter of the
girl, this trial, the gallows, and in
famy. Guilt forces itself into the
speech and conduct and Is its own be
trayer.
“So far not a word about Conley.
Let us discuss Conley for a moment.
We can leave Conley out and we have
got a course of conduct indicative <<f
guilt, because it is consistent with the
theory of guilt and inconsistent with
any other hypothesis.
"Is Dalton a low-down character?
If so, is he not exactly the kind of a
man that w'ould be found consorting
with this woman, Daisy Hopkins. I
grant you that Dalton in his youngei
days was not what he should have
been. You brought witnesses from
Walton County lo testify as to his bad
< haracter, but w r e took Dalton after
he got to Atlanta and did for him
what you didn’t dare to do for Daisy
Hopkins. We gave him a good char
acter. Rosser says, ‘Once a thief,
always a thief.’ He says that a thief
is eternally damned, but Christ in His
dying agony on the cross turned to
the thief at his side and said, ‘This
day shall thou be with Me in Para
dise.'
"If our religion teaches anything, it
teaches that a thief can be reformed;
that he may be rehabilitated and be
come a useful member of society.
“Did we sustain Dalton? By far
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 C. T. Mayer,
unimpeached and unimpeachable, who
testified that he actually saw Dalton
go into the pencil factory wrlth a
woman.
“Corroboration of Conley? Of
course it’s corroboration of Oonley.
They failed absolutely and inglorious-
Iy to explain this woman, Daisy Hop
kins, which is another corroboration
of Conley.
Rosser Could Have Found
Who Dressed Up Conley.
"Rosser said he would give any
thing to know who dressed Jim Con
ley up. If he woujd use half the ef
fort to find this out that he did to
impeach Dalton he would have found
it out easily % enough. The man who
dressed up this negro, whom you
would have dressed in a shroud, de
served not the condemnation but the
praise of this jury.
“Let us see why Jim Conley should
now have bqen delivered into the
hands of the police, which, if no bet
ter than the 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
ley from the county jail back to the
police station, and read it through.
"This plea charged many things,"
Continued on Page 13, Column 1.
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