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5 TTTE ATLANTA GEORGIAN AND NEWS. c ROW D SE EKIf \IG TO ATTEND TH E LAST I DAY OF FRANK TRIAL Continued From Page 2. ot soe the body,” said Arnold. Dorsey: "It is in the evidence. I m not going; to quibble with you. [t truth and you know itfl.” “When Frank came into the room’ . ntinu-U the Solictor to the jur., her. And it he wen nto that room, neither Rogers no Hack saw him look at her. •1 tell you, the truth is that Franl ever looked at the body of the gir. And even if he did, it wai 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 fas one of his duputtes handed him the record): ‘‘Your Hon or. the evidence sustains me in this case. Just as it did in the other T igaiti. w.w.. -- —- —. ■>ut a glance as the electric lights ■ -- ‘** v ~V> witched on. He turned and am going to read you Boots Rogers direct tpstimnnv: ‘I ditint see him • oni.titir mnm" direct testimony. i uiuu i »ee mm ,' nnn fhpr oblec- in the room, but I saw him turn into n0 l-,ur Ho^or " “said ^at ^thonght was a closet, but.*- has beon said about Frank going 11V » another room.” Dorsey: “It has It is In the rec- >rd. Rogers said it.” Arnold: “It is not in the record.” Dorsey: "I say it is in the record md I challenge you to produce it.” ‘‘We don’t have to produce it,” re amed Arnold. Dorsey: >A11 right. You are quib- 9 ling.” Arnold: ‘‘We object, your honor, to Tim saying that we are quibbling.” Judge Calls Halt [n Bitter Clash. Dorsey: ‘‘Well, why don’t you look it up then?” Arnold: ‘‘Your Honor, we object. He has no right to go on in this manner." Judge Roan: ‘‘Mr. Dorsey, you i 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, hack there to put his ear to the ground—to see If there were any whisperings accusing Deo 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 Parley's knee. But like a dog to his vomit, a sow to her wallow, he went back to review that ghastly fight. I ask you if he didn’t go hack to see the police suspected I.eo 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 wouldtl t say. He pased out of my view.’ Dorsey: "That’s cross-examlna- erwards found it was a place where someone slept. There was a bed in here.’ ” "I don’t care what he led out of Hm,” answered Rosser: "I read him te cross-examination, which was the tuth.” Judge Roan: “Mr. Rosser, don’t in- trrupt him as long as he stands by th records.” >orsey: "Yes, I want him to in- tehipt me. 1 don’t want* to mlsrep- revnt this case. There is enough str.ight evidence. I don’t want to mi»ead this jury.” Jdge Roan: "I just wanted to kno whether you meant the state- meii that the key was in Frank’s poclt as a deduction or a statement of etdence?” Rdser: “That’s what I am object ing t He stated something that was not « I don’t mean that he knew it was it so.” Uli. ,, Rosier: ‘‘Yes. but it’s the truth. Dorsey: “All rt^ht. I am ?lad you irr>cted mo. The p1st of the matter that he didn't look at the body of ttle Mary Phagan." Rosser: “He's wrong about that. Dorsey: “Take it your way. I am nine to throw you that piece of sop. he point is. Frank wanted to get out f the way of the officers. If he went l-o that room, It was so brief a time, rat nobody saw it. He was afraid f arfrone who represented the ma- >.ty of the law. Reads Joke to Assure Lll of Self-possession.” ■Out home Saturday night he ranted to assure every one of his elf-poseosion by reading a joke, fhe rughter was the laughter of a gunty onscience. It jarred. He wasn't ner- ■ous at home. But he trembled when ,e had to discuss the matter with the nlnlons of the law , “Frank Vas nervous when he went o run the elevator. He stated he eft the box open because of the re in.* Of a member of the Are depart ment who had told him that In case if fire, there was danger of the flre- nen being shocked if they could not ^ y th was P TJ necessary when H » tko lrav anil 1 Waivs Point As Iitnaterial. Dorsal "I don’t car© anything about iat point. It is my recollec tion tin it is true, but I waive It as immatelfti. “Fran says that after looking at the bod. he identified It as that of the litthgirl who had been up the day preWus and got her money. He went bac.to the factory, unlocked the safe, gotput his books and found nut that fere was a girl by the name of Mary ’hagan who had got her money thefay before. "This mi e it impossible for a mls- ake. He <ght have added, ‘I found her back irthe metal room. I made mv lasclvldfc proposals to her. She n fused me, struck her too hard and knocked hclunconscious. Realizing my predicaiw, I choked her to death. I ca\d .Tim Conley, and to gether we to* her body to the base ment. I hadbade her envelope out 52 times a Mr. I had passed her machine ever^ay that she worked. 1 bad called herv'name. T had placed my band on hfphoulder.’ Of course it was Mary Plgan. There could be no mistake. “Frank ?aid his statement be fore you: ‘Gees^g turned her bead toward me. H<*ut bis finger In the wound on the bf* 0 f her head. Her face was scratch. Her right eye was blackened. * r tongue was out and there was a »ep indentation In her neek. Theresas blood on the back of her head. Her face was be grimed and dirty. "Do you mean t^ a y that in that flash that Frank tk at the face, if indeed he did take ly glance at all, that he could have * m prehended all this detail? “Is Detective Stav» 8 a perjurer? Frank said that in « conversation with Starnes the fining of the murder, he asked ove\he telephone: 'What Is the matter; there been a fire at the factory?He .said that Starnes replied: ‘No. tK e has been a tragedy and we want $ down right away.' “But Starnes testifierR^ he nev er used the word ‘traged And that he gave Frank no intim&m Q f what had happened. Again, has been imputed that the detect!, an( j jy>- lice force have centered A their ac tivities against Frank, anthey have refused to hold any theory.hlch in volved anyone else. But they had been looking for the easto m an to convict, wouldn’t they ha picked out someone else than Frab Easier To Have Picked Some One Else. “It -would have been easier tha detectives wanted to move aL the a- uciceinvn ----- _ me fhy was that necessary when u hne o^f ^*tt or Conlej Cked th"e lo2 -Again. Newt Lev say, that** 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 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 h1s 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 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, 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 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 hts 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 o£ tiis office. "Do you mean to tell me that a conscientious jury gan 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 > ou 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 oitt to get him and he sent his wife to the <(oor; he betrayed 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 I,ee 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 plares 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^alr 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 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. H« 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 e'ubper.a 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, end trembled in the factory. He said be shook like an aspen leaf when he 6at 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 arid shaking, he said it was due to looking on such a grewsome sight. Durant explained hi=» appearance from inhaling gas. Ytm tell me these statements of his explain awav 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 asofi drink. “Old Newt Lee says that when he went 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 Fays that Frapk 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 tell you it was turned down by Leo Frank when he went down to place the notes beside the body after he bad found that Jim Conley wasn’t coming back to burn it. “He turned It down in the hopes that Newi Lee would not discover the body that night. “And here Is Harry 8cott. It didn’t take an affidavit to hold him to the truth, though I teVl 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 nas fearful he had thrown me down. But he stood by the truth like a man. He said that Frank squirmed and twisted in his se^t: rubbed his face; pighed 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 be 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 savs that he knew' Hollis and Math ew'S and that he knew' Mnrv Phagan, and he Fays that Mary Phagan was not on the car. There is no impeach ment of him. “Mr. Rosser says that he does not GASH GRO. CO. 25 lbs, Sugar 5 118-120 Whitehall .25 .35 No. lOSilver $ Leaf Lard ... Country Eggs, doz. . 22|c Elgin Creamery Butter,lb.29 care anything about the medical evi dence—that he paid but little atten tion to it. Well, gentlemen of th* 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 words 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 1 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. “I thought so.” said Dorsey. Arnold Objects To 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 out, hut we insist on it just the same." “I can see no other reason,” con tinued Dorsey, “for going out and getting general practitioners except upon that theory, and I say that the mincer of doctors put up here hv the defense holies 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 4n at 12:35 or whatever time It w r as and found Frank at the safe—and Frank Jumped at the sight of her. “Th* n they put this young man of seven years’ experience, the young man from Michigan, against Dr. Roy F. Harris, secretary of the Georgia State Board of Health, a native bom 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. "Rut, gentlemen of the jury, will you take the opinion of this young man of .‘even years’ experience and the other young men, the pathologist of Alsace Limine, against the opinion of Dr. Harris. Take this man Olmstead, sur geon of the Georgia Railway and Electric Company, a man who sows off hones and experiments with cab bage in diseased stomachs. Why this mad had u perfect diarrhoea of word.* and constipation of Ideas. You tell me that his word and that of the other general practitlontrs Is to be , 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 1 from the address of a lawyer named ! Hammond, who was prosecuting a I man by the name of Dunbar for the murder of two little children. His > words are better than I could speak, j It will explain the cause of all this nervousness of Leo Frank. Nature’s Accusation, He aCUs Nervousness. “It had to come, a mighty secret of fact In his heart, the overwhelming consciousness of guilt. It was nature overburdened with a terrible load that spoke. It 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 ifc its own be trayer. “So far not a word about Conley. I-et us discuss Conley for a moment. We can leave Conley out and we. have got a course of conduct Indicative of guilt, because tt is conelitent 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 would be found consorting with this woman, Daisy Hopkins. I grant you that Dalton In his younget days was not what he should have been. You brought witnesses from Walton County to testify rf to his bad character, but u'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 If eternally damned, but Christ in His dying ngony on the cross turned to the thief at his side and sold, ‘This day shall thou be with Me In Para dise.’ “If our religion teaches anything, it teaches that a thief mn 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 hr to character, but also by C. T. Mayer, unimpeached and unimpeachable, who testified that he actually saw Dalton go Into the pencil factory with a W'oman. "Corroboration of Conley? 01 course it’s corroboration of ("onley. They failed absolutely and inglorious- ly 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 w r ould use half the ef fort to find this out that he did to impeach Dalton he w'ould have found It out easily enough. The man w r ho 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 been delivered into the hands of the police, w'hlrh. If no bet ter than the Sheriff, are Just as good.” Dorsey picked up a copy of the plea In the habeas corpus proceeding* 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 Poison, Kidney, Bladder. 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