Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 27, 1913, Image 2

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THE ATLANTA GEORGIAN AND NEWS. THAT CONVICTED FRANK AS SLAYER OF MARY PHAGAN DEPUTY HUBER. M. S. WOODWARD. E V. L. SMITH. D. TOWNSEND. G. .T. BOSSIIARDT. I. F. HIGDON. DEPUTY LTDDELL. Continued from Page 1. oent. Further than that, I will state that my case is in the hands of my counsel." The prisoner's voice was so low that for a moment his hear- ers were not aware that he had finished and a deathly silence reigned. Then Judge Roan spoke: "Your counsel inform me that they will move for a new trial," he said, addressing Frank, "but in the meantime, it is my sworn duty to pass sentence on you. "I have tried to give you a fair trial. I may have erred, but I have done my duty as my conscience dictated." Judge Roan then picked up from his desk the sheet of paper upon which his sentence was written. As he did so, through some slight misunderstanding, the crowd arose to its feet. ••Take your seats; take your seats." ■aid Judge Roan, then read the sen tence. In Icsal form, It was this: “The State against Leo M. Frank; indictment for murder; Fulton ty Superior Court Verdict of guilty, 25, 1913. "Whereupon It Is considered order ed and adjudged by the court that the defendant. Leo M. Frank, he tak en front the har of thit. court to the common Jail In the County of Ful ton. and that he be safely there kept until his final execution In the man ner fixed by law; "It Is further adjudged by the Court that on the tenth day of Oc tober, 1913, that the defendant, Leo M. Frank, be executed by the Sheriff of Fulton County in prha: ed only by the exec; sufficient guard, the r said defendant and st and friends as he mat (hun- , May Term. 1913. July term, August b witness ing officer, a iutive? of the h clergymen des! re: “Such execution to take pku •? in :h- common jail of Fulton County, and that said defendant on that day be tween the hours of 10 o'clock a. m. and 2 o'clock p. m. be by the Sheriff of Fulton County hanged by the net k until he shall be dead, and may God have mercy on your soul. “In open court, this 26th day of August, 1913, 1>. S. Roan, Judge of the Stone Mountain Circuit, presid ing.” When Judge Roan had finished reading the sentence, Frank sank back into a chair between his two friends, Leo Strauss and Julian Boehm His face had grown a bit paler, but the calm stolidity which characterised his attitude throughout the grim proceedir.g remained. Attorney Reuben Arnold, who had defended Frank at the trial, arose and addressed Judge Roan. “Your honor,” he said, “we make a motion for a new trial.” motion on October 4," replied Judge Roan. Luther Rosser. Frank’s chief of counsel, was heard to remark, aside, when this date was fixed: “Well, that will extend the time of execution, then.” At 10:40 o’clock Frank took his place between two deputy sheriffs and was escorted down to an automobile waiting below and whisked off to the Jail. At the doorway to the Thrower building another automobile contain Ing Mrs. Leo Frank was waiting When Frank emerged from the build. Ing he exchanged glancese with his wife, but no word a were spoken. When the machine with the pris oner moved out into the street toward the jail Mrs. Frank's automobile tel* in behind and followed. No Women Hear Sentence Passed. But 30 in a few persons all—heard the by the neck till dead” still echoing In his ears, arrived back at the grim old Tower at 10:40 o’clock. Frank stepped out between Deputies Burdette and Owens. His face was a bit sallower, his eyes a little wider open. Other wise he was the same astoundingly cool prisoner. The trio walked to the jail door and Frank asked his escorts to wait a moment. A minute later another ear drew up and the devoted wife of the convicted slayer alighted. Deputy Buttles at her side. Frank's face lighted up. Mrs. Frank smiled—the tragic smile of courage and loyalty—and they were clasped in each other’s arms, the young wife showering kisses on the man who had just heard his doom pronounced. They disappeared into the gloom of the Jail corridor, Mrs. Frank’s arm around her husband’s shoulder—a shielding, motherly embrace that touched the men who walked with averted faces at Frank’s side, A moment more and Frank was In his mother’s arms at the cell TCreene i from foreign eyes and words* of hope showered upon him to drown -_he echo of the terrible pronouncement of a brief while back. The young woman was dressed 'n black, relieved only by a white lace collar. She looked composed, but the traces of a night of weeping were in her eyes. The mother was pale and worn. Neither would talk to news paper men. Mob Influences Jury, He Says. Emil Selig, the father-in-law of Frank, brought him his 1- ah k fast Tuesday morning. The convicted man, if he suffered any shock from the verdict Monday, was said to have recovered entirely from it by the morning He was as stoical as ever and even while in the shadow of the gallows he expressed himself as just as certain that he ultimately would b e exonerated of the terrible crime as he was on the first day he was sus pected. “My God! Even the jury is influ enced by mob law,” wer the words with which he greeted the news of the verdict Monday afternoon. Frank was with his wife at the Tower when the intelligence came. Rabbi Marx, Dr. Rosenberg, the Frank family physician, and a num ber of other friends were in the office of Sheriff Man gum, Dr. Rosenberg ar riving some minutes after the verdict was known at the courthouse. Rabbi Marx and Dr. Rosenberg went with the news to the accused man and his wife. "The jurv has found you guilty Leo,” said the physician. Mrs. Frank screamed and broke into hysterical weeping. It was her husband who calmed her and assured h r that everything would be all right in the end. Within a few minutes he persuaded her to leave the jail in company with Rabbi Marx and Dr. Rosenbeug. The traces of the tears were still on her face when she came through the cor ridor. With the aid of her escort ane avoided the newspaper men and en tered the waiting automobile. Dr. B. Wildauer carhe down shortly after. “I am as innocent to-day as I was a year ago,” was Frank’s com ment on the verdict, according to Dr. Wildauer. The blinds of the Selig home at No. 68 East Georgia avenue, where Frank and his wife lived with her parents, were closed Tuesday morn ing. Neighbors said that Mr. and Mrs. Selig and their daughter had stayed with relatives overnight. Attorney Arnold left for Bedford ! Springs. Pa . Tuesday afternoon for a ' month’s rest. Mr. Arnold will return ! to Atlanta in time to participate in ■ the argument for a new trial for the pencil factory superintendent, which i has been set fpr October 4. -not more than passing of the sentence. Among them there were but two of Frank’s friends, Strauss and Boehm. The other witnesses were made up of Sheriff Mangum half a dozen deputy sheriffs numer ous court attaches and newspaper men. There were no women in the courtroom. Frank came in before his counsel. Smilingly he nodded to those in the J room. Shortly after he had taken a seat Rosser and Arnold came in and took seats close by Frank. To Arnold, Frank leaned over and whispered: “What shall 1 say?” “That your case is in the hands of your counsel.’’ replied the attorney. Sheriff Mangum escorted the judge to his bench and stood during the reading of the sentence with his back to the window near the bench, fac ing the crowd, lie did not look at Frank throughout the proceedings. At the close of the sentence there was no demonstration of any kind. Quietly the crowd filed out behind Frank ana waited until the eleva tor, descending from the fourth floor with the prisoner and his captors only, returned for them. The automobile bearing Frank, with will hear the arguments on the the fateful words “sentenced to han^ Just four months after the mur der of Mary Phagan. Leo M. Frank stands convicted of the slaying of the 13-year-old girl in the National Pen cil factory. No recommendation for life im prisonment was made by the jurors, this circumstance making it impera tive. according to the charge by Judge L. S Roan, that a sentence of death by hanging be passed upon him. Neither the prisoner. Ids relatives, friends nor any of his counsel ap peared in the courtroom when the dread verdict was rendered. The sole representative of the defendant was Stiles Hopkins, a member of the firm of Rosser, Brandon. Slaton & Phil lips. who was designated to be pres ent and waive for Attorneys Rosser and Arnold the presence of the pris oner A motion for a new trial will be made by Rosser and Arnold. Populace Cheer* Verdict. The jurors were Quick in arriving at their ballot. The case was given into their hands *t 12:49. They went immediately to lunch and returned to the courthouse at 1:35. They pro ceeded to the election of Fred Win- I’m as Innocent as I Was A Year Ago/ Asserts Frank burn as foreman and entered upon an informal discussion of the merits of the case. 11 was apparent that the Jurymen were practically of one mind. They cast their ballot. At 3:21 it was known that the verdict was “guilty.” At 4:56 the result was announced in the courtroom. To avoid any sort of a demonstra tion, the courtroom was cleared of all spectators when it became known that the jury was ready to render its verdict. Everyone was excluded ex cept Solicitor Dorsey, Attorney Hoop er and attaches of Dorsey’s office, several other members of the bar and the newspaper men. Hardly had Foreman Wlnburn read the words which branded the young factory superintendent a murderer before a mighty shout went up out side the building. The great crowds surging on all sides of the courthouse seemed to have had occult knowledge of the verdict at the very instant it was given utterance. The news spread like magic. While the cheers still were rending the air. newsboys swooped down upon the courthouse and radiated in different directions from their offices, crying the extras on the verdict* Frank was in the Tower with his young wife when the verdict was re turned. “My God! Even the jury was in fluenced by mob law’,” was the excla mation with which the accused man met the news of the verdict of guilty. “I am as innocent as I w’as one year ago,” he continued. Frank would not talk at length to the newspaper men. His wife, who had shown the strain of the last hours of the trial throughout the day, col lapsed in tears. Rabbi Marx and oth er friends of the family were at the jail w’hen the fateful news came. They declared that nothing had developed sines the beginning of the trial to shake their belief in Frank’s entire Innocence. After the concluding words of the Judge’s charge Monday afternoon, the jury filed from the courtroom and several score of persons took ad vantage of the leniency of the court deputies to crowd inside the doors. In a haze of smoke from Innumer able cigars and cigarettes and from the explosion of flash-light powder, the motley roomful of spectators waited impatiently for some sign that the Jurprs were ready to return to the room. Any unexplained move on the part of Sheriff Mangum or one Continued on Page 4, Column 1. “ What made you reject that man?” I asked an army sergeant on recruiting service, as a broad shouldered would-be soldier was turned away. “Bod teeth!** replied the ser geant. You would be surprised to know that from six to eight percent, of the recruits apply ing for enlistment in the U. S. Army within one year w ere re jected because of defective teeth alone. And that thirty-five per cent of the catarrhal cases in the U. S. Army were directly trace able to diseased oral conditions.” Perfect cleanliness of the teeth is absolutely essential to Good Health. A pleasant, sure way to perfect cleanliness is the twice-a-day use of Colgate’s Ribbon Dental Cream, and the twice a year visit to your dentist. You too should use COLGATE'S RIBBON DENTAL CREAM Southern Suit & Skirt Co.—Atlanta, New York.—Southern Suit & Skirt Co. 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