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3 THE ATLANTA' GEORGIAN ANT) NEWS. r CF 10W[ 3 S EEKIf MG TO ATT EN D TH E LAST DAY OF FRANK TRIAL AS HE ENDS SIATE'S PLEA 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 118-120 Whitehall GASH GRG. CO. 25 lbs. Sugar $ 1 2S No. 10 Stiver $4 .35 Leaf Lard... A Country Eggs, doz. . 22|c Elgin Creamery Butter,lb.29: s».. 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. CASTOR IA For Infants and Children. The Kind You Have Always Bought Bears the Signature of Weak, Nervous and Diseased Men Permanently Cured DR. HUGHES Is an experienced specialist. Dr. Hughes success fully treats and per manently cures Pre mature W e a k n ess, Blood Poieon, Kidney, Bladder, Pros- tatlc and Contracted Diseases and all Chronic and Prlva 1 © Diseases cured In a few days. Varicocele. Hydrocele Stricture, Piles and Fistula. 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