Thursday, 21st August 1913 Mass Of Perjuries Charged By Arnold Centers Hot Attack On Conley. Ridicules Prosecution Theory

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The Atlanta Georgian,

Thursday, 21st August 1913.

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In a cold, cutting arraignment of the methods used to build up a case against Leo M. Frank, accused of the murder of Mary Phagan, Reuben Arnold, of the accused man's defense, Thursday afternoon unsparingly flayed Jim Conley as a perjurer and willing tool in the hands of men determined to convict an innocent man.

Arnold's attack minced no words. It bristles with scathing denunciation and bitter ridicule. Its impassioned appeal was interspersed with sardonic humor that made a hostile court room laugh. But its humor was only in flashes. Otherwise it fairly rang with accusation and denunciation.

Arnold charged that the state had deliberately perverted innocent action into a circumstance pointing to guilt. Link by link, he hewed away at the prosecution's chain.

He ridiculed the theory of a premeditated attack, declaring that none but God could have known that Mary Phagan was to call for her pay on Saturday a holiday. He said the State's attempt to prove premeditation was but an instance of its many "wild guesses."

From time to time, Arnold centered his attack on Conley. He said that they had never heard of a witness who was so thoroughly convicted of lying being put forward as one to be believed.

Arnold finished his address at 5:50 o'clock.

His address followed a scathing arraignment of Frank by Frank A. Hooper, who opened the argument for the State and demanded the conviction of the defendant on the plea that the evidence presented left no other conclusion than of Frank's guilt.

Charges Efforts To Make Time Agree.

Directing his remarks as much to the counsel for the State as to the twelve men in the jury box, Arnold charged that in order to place Frank's life in jeopardy, Solicitor Dorsey and his colleague, Hooper, had gone to the extreme length of assuming on the one hand that the street car on which Mary Phagan came to town was several minutes ahead of time and on the other that the clock at the factory was five or ten minutes behind time.

They had established by their own witness, George Epps, he said, that Mary arrived in town at 12:07 o'clock and then forthwith had started out to destroy Epps' testimony and arouse the assumption that she got in town at 12:02 or 12:03.

Arnold was only well started on his address when recess came at 12:30. He began a review of all the circumstances preceding and following the crime as soon as court opened in the afternoon.

Through all the day Frank's mother and wife sat by him. The younger Mrs. Frank sat much of the time with her arm linked with that of her husband. Very little change in the appearance of the three persons was observable. Frank smiled slightly when Hooper satirically was describing Frank's actions at the Selig home Saturday night when he is said to have interrupted a card game which was in progress by the relation of a funny story he had read in a magazine.

Hooper Emphasizes Gantt's Trip to Factory.

Mr. Hooper emphasized various features of the State's case that had not been clearly brought out before, dwelling particularly on the incident of J. M. Gantt's visit to the factory on the afternoon of the tragedy and how Frank had at first refused to let him enter, and how the accused man had called up Newt Lee, the watchman, later, fearful, said Hooper, that Gantt had discovered something.

After Hooper had finished his argument he began presenting authorities to the judge to guide him in making his charge to the jury. He declared that the jury should not be charged that direct evidence was superior to circumstantial evidence.

Before Thursday's session began Frank had expressed himself as entirely confident of the outcome.

"I am certain that I will be acquitted and set right before the world," he said. "It has been a terrible ordeal, but I await the outcome with the utmost confidence."

"May it please your honor and gentlemen of the jury," began Mr. Hooper, "the object of this trial, as of all other cases, is the ascertaining of truth and attainment of justice. I want to distinctly impress upon you the correctness of our position. We want it distinctly understood that burden of proving him guilty is on our shoulders. We recognize that this has got to be done beyond a reasonable doubt, and from the evidence. We cheerfully assume this burden."

"There is not one connected with the prosecution who would see a hair of the head of this man injured wrongfully."

"We want him to have the rights and

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FRANK CALM AS HOOPER ARGUES TO SEND HIM TO THE GALLOWS

Stoically and Unblinkingly He Listens to Scathing Arraignment of State

ACCUSED ATTEMPTED TO SACRIFICE TWO NEGROES AND GANTT, STATE SAYS

Continued from Page 1.

protection of the law just as any other citizen. He is entitled to the protection of the law just as any other citizen.

"But another thing: He is not entitled to any more. He is not, on account of his high position and wealthy connections, entitled to any more than any other defendant. The strong arm of the law is strong enough to reach to the highest places and do justice there."

"It is strong enough to reach down into the gutter and regulate the lives of the lowliest. I am not going to undertake to go over all the facts in this case."

Believes Firmly

In Frank's Guilt.

"I congratulate you, gentleman of the jury, that the case is nearing an end. I have felt sympathy for you, because you not only have worked hard, but you have been deprived of your liberty and the enjoyment of your homes. In one sense of the word, you have been in jail."

"There has never been a criminal case in Georgia that has been so long. There has been no trial so important or the result of which will be so far reaching, and that only makes the responsibility on you the greater."

"There is one other thing that I want to say to you before I go into the facts of the case. This man ought not to be convicted simply because someone has to be, nor because of the law that demands an eye for an eye and a life for a life. We think the evidence shows him to be guilty beyond any reasonable doubt."

"In taking up this evidence I am considering you deeply, I am considering the strain you have been under. I am thinking deeply; in fact, I am trying to make myself as one of you twelve men, and in attempting to bring this to a conclusion I am striving to get at the truth."

"Let's see what the situation was on Memorial Day, Saturday April 26. Here is this great big pencil factory, which was being run by a number of men with this defendant in charge. Let us consider the conditions that existed there and, gentlemen. I must say that I am not proud of these conditions.

Witnesses Incensed

By Factory Conditions.

"But to get to the real facts of this case; to come to a full realization of just how things occurred, we must understand the conditions that existed here absolutely before we can proceed with this case. The character of this place was one to make us think deeply. The evidence which has been laid before you here has been of the kind to make one doubly serious. Take the defendant. Between 25 and 40 girls have come before you and said that his character was good."

"They spoke in the highest terms of him. That must be considered. But on this charge this is negative evidence. But also consider that we have brought before you girl after girl who told of his character being bad; who told of the immoral conditions that existed in this great pencil factory, and, gentlemen of the jury, most of these girls had quit working at that factory from two years to three weeks before the time of this trial."

"Every one of them said his character was bad. Did you notice the emphasis with which they said it was bad? And did you notice that they would have told more if they could have been allowed to? Did you notice how highly incensed they felt toward the immoral conditions which existed at this factory?"

"You have those who are still there who will say that his character is good, but you have those who have left who invariably say his character is bad. We put them on notice from the very first that we were willing to enter fully into his character. We could furnish particular information in regard to this, but we have been prevented."

"We have asked their own witnesses and our own; we have asked them, "Did you ever hear of this incident?" and Did you ever hear of that incident?' We brought these particular girls before you, and asked them in regards to Frank's character. They said it was bad. We turned them over to the defense, and they failed to question them in regard to any of the incidents to which we have referred."

Colonel Arnold interrupted at this point, protesting to Judge Roan that he considered Mr. Hooper was making an improper argument in saying that the State could not go into the particular evidence and intimating that it was an incriminating circumstance that the defense did not take advantage of its privilege and question the State's witnesses in regard to the particular incidents. Judge Roan sustained Hooper, saying that it was his only legal recourse. Hooper continued:

"If out of 100 men, 90 of them say that a certain person's character is good, but ten of them say, Beware of that man; he is a bad man,' would you say that you had a man of good character?"

Says Girls' Morals

Were in Hands of Men.

"It is almost impossible to magnify the temptation in the National Pencil Factory to a man without conscience and filled with lust. These girls in the factory were entirely dependent upon the attitude assumed by the men who were superior to them. This defendant, assisted by the noble Darley and the handsome young Schiff, practically had these girls' morals in his hands. The girls were absolutely dependent upon his rule."

"We find that the defendant connected himself up with a man whose character is good enough at present, but who admittedly was leading an immoral life at that time. What can we say when a man whose daily associates are bankers and prominent business men shall associate himself in his leisure hours with a man of the character of C. B. Dalton?"

"I expect most all of you have read that little story, "Dr. Jekyll and Mr. Hyde." We are all dual characters; none is so good but that there is some evil; none so bad but that there is some good. It is when the evil predominates that we have a bad man. The bad is good when with his own class. When the shades of night have fallen, and he seeks associates of his baser passions, then it is that we get a glimpse into his other nature. So it is with this defendant."

"He didn't seek out the bankers and people of his regular sphere when his baser passions came on. He looked for an associate in a man like Dalton. Dalton has had a number of men to get up here and say they would believe him. They are men who have worked side by side with him. Of course, he is a fellow of a lower class, but it has been show to you that he is a good fellow of his class, congenial to that environment."

"Then there are other facts to support this idea. This defendant claimed to you he did not know Mary Phagan. Yet the evidence showed that he passed back and forth by her every day. We find he did know her. Witnesses declared he stopped to speak to her and show her how to do her work. He told her HE was the superintendent of the factory. He pursued her out of the beaten path. This little girl, sent there by her parents to be under his protection, was in his eye, the eye of lust. He was laying a foundation for his object."

Conley, Too Ignorant to

Lie, Stuck to Truth.

"Let's turn back to the first evidence of this, the first interest of this man who never knew Mary Phagan. He said to Gantt, a man reared in the same community, several weeks before the tragedy, 'You are pretty thick with Mary Phagan?' He had her in his mind. Next we see him getting Gantt removed, and it was just after he had remarked what a good office force he had. The first opportunity was about one dollar. He sought to give you the impression of dishonest. He would attack this man whom he wouldn't let go into his factory unless accompanied by a negro. Shame upon him!"

"Thus he got rid of Gantt, and began to lay his plans."

"You remember that the defense pitted its case against Conley. I haven't said anything about him yet, but he comes in right here. He was to them like a stone mountain. They must break him down, or they are lost. They must break him down, and you have seen here the greatest fight between my herculean friend Rosser on the one side, and that poor, ignorant negro on the other, and you have seen the result. It was brains against ignorance; strength against weakness and after three and one-half days you saw Conley unshaken. His evidence was written as fast as he talked and my friend here, Rosser, carried him back over the same ground again and again, but they could not break him down, because it was the truth. It continued to pour like the waters through a mill race, because that negro didn't have sense enough to lie. He was telling for the first time the real story of what actually happened that fatal day."

"Why didn't Mr. Rosser break Jim Conley down? It was because, after all the lies the negro had told, he was telling the truth, and the truth is stronger than either of these two gentlemen. And it was the truth, gentlemen of the jury, that held Jim Conley unbroken on the stand for three days. And the truth is greater than all. Yes, even after my herculean friend had worn himself out in a three days' effort to break the negro, he tried to put it off on his brother, Mr. Arnold. But the law protects a man, and would not allow this. They will tell you that Jim Conley is a powerful liar and he is. But take each of his affidavits. Each one of them gave a little more of the truth, and on Mr. Rosser's long cross-examination he brought out more of the truth."

"The option I expressed at the time was that if the defense continued to bore into Conley they might bring out even more of the truth. What they brought out did Frank no good. They beat upon him mentally but he remained unshaken."

"This defendant is a smart man. It was a remarkable statement that he made upon the stand to you, but he didn't need to get on the stand here and talk to you for more than two and a half hours. He went into each detail, going from one thing to the other, and putting it on one man and then the other."

"But let us go back to Jim Conley, the Jim Conley they could not shake, because he was telling the truth. He tells you he had done that often before. He told you that he saw other people come there; that he saw men and women meet there; and, gentlemen, there are other people who corroborate Jim Conley; who said they saw men and women come to this pencil factory and meet the defendant there."

Says Affidavits Fit Exactly

With Negro's Narrative.

"The next morning Frank was there to see him; the next morning Jim was there. Do you know, gentlemen, that Providence sometimes will divulge the truth at the very last minute? At the last minute yesterday two men came up here and said that they saw Jim Conley there. Mrs. Arthur White said she saw someone resembling Jim, but she was not certain. So Jim was telling a story that a good many people were disbelieving, but here came two men who said they saw him there, or a negro very much like him, who directed them to the office at the right of the stairs. As Mrs. White came downstairs she aw a negro sitting exactly where Jim Conley in his affidavits said he was. They made their affidavits at different places, but they fitted in exactly."

"Why was he there? For what was he sitting there hour after hour. He was sitting there to do as he had done many times before to watch at the direction of Frank. One thing they have said is that he was drunk. I suppose he did drink a few beers that morning, but have you noticed that he told of everyone that went up there that morning, and in the order in which they went up. He could have said that he saw Mrs. White, but he admitted that he was napping about this time. Now we come to the time of the tragedy. Jim was still there."

"But about this little Mary Phagan. A little girl who asked for Mary's money had been refused the night before. They told her that Mary would have to come after it herself. This was a violation of the general rule at the office. Even Schiff told you, I think, that they gave out the envelopes to other persons if they knew them well enough. Frank told Jim on Friday night to come back the next morning, but he didn't have any work for him to do. All he wanted of him was to watch at the door as he had done before. He wanted him to watch while girls came up to the office to chat with him. You will notice something peculiar about that word chat.' It is a word I never have heard before, but you will notice that there are two persons that use it. One of them is Frank and the other is Conley."

"He tells Jim he wants to have chat with that girl that day. Jim, you just make yourself convenient; wait around.' Jim comes and waits. He makes himself easy there in the hall. He takes a nap. People come and go. Then Mary Phagan comes the beautiful little Mary. She must have been a beautiful little girl. I guess you all remember her pictures, with her curly hair and bright eyes, and trim figure."

"She came with a little boy. They must have been sweethearts. She had an engagement with him. She wanted to go to the factory first for her little $1.20. She went, tripping along, a happy child. From that dreadful hour not one thing was heard from her. But we know what a horrible catastrophe she met as she went, so innocently, for her little $1.20."

"Frank was there. How do we know it? From his own statement. And he had to change it when he came upon the stand. A live human being, a young girl, came here and said he was not there when she went to his office. Frank did not see her. She waited five minutes. He was not in. I am not going into the details of the time. Mr. Dorsey will do that in his conclusion. What I want to impress upon you is that Frank stated here from this stand he might have gone out of his office for a moment. It was the first time such an admission was intimated. But there was the sworn statement of Monteen Stover to combat him."

"It had to be got around. You don't have to depend altogether on Jim Conley's story. Monteen Stover went to his office after mary Phagan, and he was not here."

Rosser Interrupts to

Enter and Objection.

"In the meantime another little girl was waiting in his office Monteen Stover and Conley was waiting for the signal downstairs. Frank followed that little girl back there, and I want to be perfectly frank and say I do not think he had murder in his heart when he did, but the pent-up passions of weeks gained control and he could not stop. That scream that was poorly described here by this poor, ignorant, negro I wish you could have heard it; that scream that sounded like a ripple of laughter that ended when she realized his hellish purpose; the scream that ended when her life began to ebb."

Rosser interrupted Attorney Hooper to say that there was no evidence about laughter. Hooper replied: "All right; I was mistaken."

"The scream," Hooper continued, "and then those fast running footsteps. That was Frank coming to get the cord that strangled the child. Then he gave the signal for the negro to lock the door and come up, and Conley found him nervous and shaking, fresh from that harrowing scene on the rear of the floor on which his office was located."

"Now, gentlemen, we have this man Frank this man of high standing and character either committed this crime or that he was back in his office in plain hearing of any scream or any running of the elevator or the hearing of people going up and down the stairs, attending to his duties in his office, preparing that wonderful statement we have heard so much about."

Finds Mute Accuser

In Factory Diagram.

"By this diagram I will show you that he was bound to have known of the commission of this crime, even if he hadn't committed it, but listened to that brute negro attack that little girl."

"I want to show you that even if he was where he said he was, and where Monteen Stover said he was not, that this crime could not have been committed without his knowledge."

"I want to show you that he could see from his desk to a point by the clock. I don't want to give any testimony, for if I did I could show that he saw more than that, but by this diagram and it is a face I will show that his line of vision sitting at his desk would bring him to the clocks."

"Frank doesn't sit back in his chair. He sits away forward, and when he is at work he is the hardest working man you ever saw. And, gentlemen, he could see into the space beyond his office."

"Little Mary Phagan was killed back there in the metal room back there where our friends say they could see not find any blood spots, but where we have shown there were spots of blood. And, gentlemen of the jury, if Frank did not commit this crime, he sat supinely there at his desk and let that brute negro kill her; let that negro bring her up the passageway, bring her up to the elevator and take her down that elevator, which, when running, shook the whole building, which the negro said he could hear downstairs; which witness after witness has told you could be heard over the entire building, and which Frank could not have helped but hear."

"Frank's First Word

Betrayed His Guilt."

"Mr. Frank, I will give you the benefit of every doubt, but according to your own statements as to the time which has been shown conclusively that the girl was killed, you were right there; you sat right there, and you never moved."

"Now, to bring Jim Conley back into it; Gentlemen of the jury, isn't it an evident fact haven't you been shown conclusively, that either Frank or Conley killed little Mary Phagan? Or that Frank killed her by himself, as Conley says? Or that Frank sat supinely at his desk and let this negro Conley kill her, and yet he made no move?"

"As soon as the murder was consummated, there was something upstairs that had to be attended to. There were two men upstairs and a woman. Frank was anxious that they be let out of the factory. He went upstairs and told them that if they were going to go, now was the time."

"Mrs. Arthur White left. Arthur White and Harry Denham stayed. Frank told Mrs. White that he was going to put on his coat and hurry away. But this man, who was in such a hurry, still was without his coat when she got down to the office floor. Frank went into his office, washing his hands in that imaginary water. They say that this was his habit, and that we must not assume anything from it."

"The first words that he uttered when he got inside the office, he opened the doors to his guilt that all might look in. Frank said: Why should I hang,' adding that he had wealthy people in Brooklyn."

"What was the estimate that he put on the life of a young girl? Didn't it hurt him to wind the rope about her neck until it had "sunk deeply into the tender flesh? I can't conceive how being with the instincts of humanity could have twisted the rope about the neck of that pretty little girl. But he said: Why should I be punished for doing such a little thing as taking the life of this little girl? I have rich relatives in Brooklyn.' They will say he never uttered these words. He has denied them on the stand. But did Jim know that he came from Brooklyn? Did Jim know that he had rich relatives in Brooklyn? Did Jim know that he reckoned a human life in dollars and cents?"

"No; those words came from the bottom of this man's heart."

"From the African temperament of Jim Conley came the next remark. What's going to become of me?' he asked. Oh, I'll take care of you, Jim; you have been a good negro. I will write my mother in Brooklyn.'"

"This is that old mother who has stayed here in the courtroom so faithfully through all this trial. I can not understand how she has had the bravery to do it."

At this point Attorney Rosser objected on the ground that the speaker was quoting from the affidavits that Conley first made and not those that he told on the stand.

"You will find that they are all about the same," said Hooper.

"Frank says: Jim, can you write?' Jim says: Yes, I can write a little bit.'

Says Frank Lost Head

In Fixing the Notes

"Why did he ask Jim that question? Jim had furnished reports on those boxes. He knew what Jim could do."

"Jim was trustful; he wasn't on his guard like hew as when confronted by the terrible Mr. Rosser. He had faith in his boss, and how false was his boss? As false as he was to the little girl. As false as he was to poor old Newt Lee when that bloody shirt was planted."

"You all, I presume are Southern men, or have lived long enough in the South to become familiar with the traits of the negro. Can you tell me that you could imagine a negro on his own initiative writing such notes as were found beside that body."

"They charge the crime to a negro a negro who could hardly write. Would a negro who stood before the grilling of Luther Rosser for three days, and came out victor, be fool enough to do that!"

"The truth of the matter the fixing of those notes seems to be the only time that Frank lost his head. He might have known the police would go back of that."

"Then we come to the money in the case: I don't think Frank had any $200 in his office when he was talking to Conley, but dollar bills would look mighty big. He handed the reward to Conley. Then he thought: You are as deep in the mud as I am in the mud as I am in the mire.' Aloud he said: Let me see that money, Jim:\ and he sticks it back into his pocket as if to say: If everything comes out all right. I will give it back to you.'

Tells How He Arranged

To Dispose of the Body.

"False again to the poor negro who had carried out his hellish purpose, he compromises with a cigarette box containing about $1.60."

"Perhaps there was another idea in his head; there was the mute and mutilated evidence of the crime in the basement. That must be destroyed. This money would be a reward to get that removed."

"Then we come back to that original proposition that the body was carried down the elevator shaft by Frank and Conley. But there is the part of burning the body. A man who had committed the crime would not hesitate to burn it. He knew that there was no man to come back there that day except Newt Lee."

"I don't care anything about what time Frank got home or what he did there; he got back to the factory at 3 o'clock, where he had an engagement with Conley to dispose of the body, and he knew that Newt Lee was going to get there at 4 o'clock."

"Conley overslept himself and Lee came first; Frank said: You go away, Newt,' then to himself he said: And give me two more hours to get rid of that body.'"

"But Conley never came back, and Newt Lee did. He had to let him in, and he knew then that he was lost."

"When Frank saw Gantt in front of the factory door, did he start back against and say, There is that blood-thirsty that was $1 short?' Not he said, "There is Gantt; he was Mary Phagan's friend. He lived near her and her family has sent him to find her."

"But Gantt would not harm a flea. He reassured Frank by telling him he had come to set a pair of shoes he had left in the factory. But Frank didn't want him in there, and told him the shoes had been swept out."

Charges Frank

Lied to Gantt.

"Gantt told him there was another pair, and, gentle off the jury, Frank had to let him in, and he went in and found not one pair of shoes, but both pairs."

"Did Frank tell him a lie to keep him out of the factory, or did he really think the shoes had been swept out? He told a lie, and he was so afraid Gantt would find something that he sent him in under guard."

"And, gentlemen of the jury, as he stood at that entrance in the presence of Gantt the thought was going through his head, It is going to be known in a day that Mary is gone. Lord knows I don't want to let you in here, but I have got to let you in, but I will guard you. Come on in, but you go with him, Newt,' and, gentle-men of the jury, notice this:

"The striking thing about it the singular fact is that Gantt found both pairs of shoes, showing, gentlemen of the jury, that Frank had never seen the negro sweeping them out."

"Did he lie about this, gentlemen? And after he had left the pencil factory, trembling and with a burden upon him, what did he do that night? He did something he had never done before. He called up Newt Lee over the telephone, and when he could not get him the first time, he called again and asked if that long-legged Gantt was there."

"And when he found that Gantt had left and had discovered nothing, what burden rolled from him! No wonder he looked light-hearted. No wonder that he could read baseball stories and jokes. No wonder that his family could say that he had nothing on his mind."

"Another Thing on His

Mind That Night."

"But yet he had another thing on his mind before the night had gone. During the early hours his telephone rang, but he did not answer it. Honest old Newt Lee notified the police and tried to notify him."

"But Frank did not answer. He says he heard the telephone but faintly, or he imagined he heard it."

"But the police heard the call, and they went down into that basement

Continued on Page 3, Column 1.

PAGE 3

ARNOLD CALLS CASE GREATEST OF FRAME-UPS'

Frank Prosecuted Because He Is a Jew,' He Says to Jury

WRITER OF THOSE NOTES KILLED MARY PHAGAN', IS CHARGE OF DEFENSE

Continued From Page 2.

and found something. They found the body of little Mary Phagan cruelly murdered, the cold body lying on the ground where it had been left for Jim Conley to burn."

"Jim had taken his nap, though, and had not come back. The policemen took the body to the undertaking establishment, and at daybreak they started to get up Frank again. And when they got him he was anxious to know if there had been a fire."

"And, gentlemen, aside from the conversation that took place, every officer and every man who was with him that morning will tell you that he was nervous; that he was shaking like a leaf; that he rubbed his hands and was completely filled with nervousness."

"But, gentlemen, he is a wonderful man. Though he stood there and quivered that Sunday morning, not a one of you can say can say that during this trial you have seen him quiver once. He is as calm and cool as any man in the courthouse, to all intents and purposes."

"But the morning after the crime he was as weak as a cat. He was a nervous; he was trembling like a leaf. The people in the automobile on the way to the undertaking establishment felt him tremble."

Holds Up Time

Slip to Jury.

"What was his conduct when he got down there to the morgue? He did not look on his victim, on whom he had lustful eyes for weeks. He fled; he could not pay the proper respect to a dead body. He went behind a curtain, a place where he had no business to go. He rushed out and waited for the rest."

"Did he identify her? No; he said he thought it was the girl he had paid off the day before. He had to go back to the records; he had to look up and see what her name was. Still he had seen her every day as he passed the machine where she worked."

"It was the same girl he called Mary; it was the same girl he tried to engage in conversation; it was the same girl on whose shoulder he placed his hand."

"What did he do with the time slip that was put in the night before? He said, after looking at it, that it was properly punched. Others looking over his shoulder agreed to it. Darley himself agreed to the error."

At this point Attorney Hooper produced the time slip which he held up before the jury.

"There weren't any marks on it then," he continued, "Frank said it was perfect. He told the night watchman: I know you didn't do it, Newt.' But he found that he was getting himself in trouble."

Bloody Shirt

Also Exhibited.

"He asked himself why he had said anything about the slip until he had had time to fix it up."

"The next day comes Holloway, his right-hand man, saying that he had the slip and that it had two misses on it. Frank made some remarks about Newt Lee."

"John Black, suspecting that the negro might know something about the crime, went out to Newt Lee's house and in a trash barrel he found this."

The bloody shirt was held up by Hooper before the jury.

"Somebody had to plant a shirt out at Newt Lee's. Somebody did plant a shirt out at Newt Lee's."

"Did you notice how minutely Frank described his movements all day Sunday and all Sunday night? That struck me as very suspicious."

"Newt Lee said: If that is a machine-made shirt it is not mine, and if it is a home-made shirt, it is mine." And behold! It was a home-made shirt.'"

"These remarkable discoveries were made when the shirt was found. You will find that the blood is on both sides of the shirt. And not in corresponding places."

"There is only one explanation it was used to wipe up a pool of blood. It did not have the distinctive negro odor; it had not been washed. The button holes and not been opened up since it came from the laundry."

"Willing and Anxious

To Sacrifice Negro."

"Remember please that that morning this defendant had brought up a time slip with skips showing that newt Lee had not made all the punches. Gentlemen, he was willing and anxious to have that negro's life sacrificed to save himself."

"The Bible says: What will a man not give for his life?' He was willing to give up Gantt, but never one word did he say against Conley. Conley was his friend and associate. That poor negro got arrested for washing a shirt to go to Frank's trial."

"Frank never accused him until the Newt Lee scheme and the other schemes had fallen through. As a last resort the defense was thrown his whole attack on Conley."

"There is one other thing I want to mention that big stick and the little piece of paper found by the shrewd, smart Pinkerton detectives who can find anything, even an elephant, on a floor. These were found after numerous searches, weeks after the murder."

"Unfortunately, they showed the slip of paper to Mr. and Mrs. Coleman, but there was a figure 5' on this piece of paper, purporting to be a part of Mary Phagan's pay envelope."

"When they came on the stand with that evidence, the figure 5' had been conveniently removed. It fitted the amount Mary Phagan drew that week."

"Doctors say the word on Mary Phagan's head could not have been made with a stick like they exhibited. No scientific tests for blood were made on it. Yet the defense introduced it as the possible weapon that caused her death."

"Where is Mincey?"

Hooper Asks.

"An inquiry has been made about a man named Mincey. Conley went on the stand and was asked if he did not make certain statements to Mincey about killing a girl. The only purpose of these questions was to introduce Mincey to clear up this whole affair."

"My recollection was he was brought into the courtroom and sworn with the other witnesses."

Rosser: "You are mistaken."

Hooper: "I may be, but where is Mincey? It looked like the whoel fight was to be about him. Frank was to be cleared, Conley convicted. But there has not been one word from him."

"Gentlemen, I am not going to take up any more of your time. I wanted to open up the case fairly and squarely to show you and the defense your positions on these various points."

Hooper concluded. Then Judge Roan asked Solicitor Dorsey to cite the authorities upon which he expected the court to base its charge to the jury.

Solicitor Dorsey requested Mr. Hooper to do it for him.

The jury retired for a short recess and Dorsey sent his deputies out for a number of court decisions.

"Use Common Sense,"

Hooper Tells Jury.

After the jury returned to the box, Hooper read from a great many au-

DAUGHTER OF JUROR WAITING TO SEE PAPA'

Margaret Louise Wisbey, whose father Is on the Frank Trial Jury. thorities on the question of a reasonable doubt and the quality of circumstantial evidence.

"I have heard men say that they thought one thing but when they were on a jury they had to decide another way," said Hooper. "That being on a jury made a whole lot of difference, but it was never intended that such should be the case."

"If you gentlemen believe beyond a reasonable doubt, that is the way you should decide. You should decide this case as you would in your own home. You are supposed to use your common sense in arriving at a conclusion in this case, for the law is supposed to be common sense in its highest form."

"The absolute certainty is not obtainable. The most that can be obtained is the moral certainty, which has been described as being an absolute certainty."

"It is unfair for a jury to be charged that direct evidence is superior to circumstantial evidence. And it is against the law to charge a jury that circumstantial evidence is inferior to direct."

"Citing other authorities, Hooper said: "If the facts of the case point unerringly to the guilt of this defendant, then to all intents and purposes his guilt is as certain as though the evidence was direct."

"The proof of good character," Hooper continued, "will not hinder a conviction if the evidence against the defendant is sufficient. Even though the proof of good character is not attacked, as it was in this cage, the evidence in the case is enough to overbalance the character testimony."

"An alibi must exclude the possibility of the presence of the defendant at the place and the time the crime was committed."

"You are not to be governed by any opinion that counsel may express, but by the evidence presented."

"If a party is apprised of the evidence against him and does not explain or controvert it, the strongest presumption is that it is true."

Arnold Opens Argument Charging Persecution

When Attorney Arnold arose to speak he asked for the paper model of the pencil factory. The model was brought in and placed before the jury stand.

"Gentlemen of the jury," Arnold began, "we are to be congratulated that this case is drawing to a close. We have all suffered at trying a case requiring so much effort, time and concentration is such hot weather. We have suffered for lack of adequate quarters, and from the noises from the street."

"A man's physical surrounding has a good deal to do with how he can do work. I never could do good work when I was uncomfortable. And it has been especially hard for you jurymen, shut off as you are, but that has always been so. You are set upon a hill, as it were, where the sound of the multitude does not reach you away from the ugly things men do and think and feel."

"The jury system has been in use a long time. It is now in use in all of the countries of Europe adopted from the English system. In the old days trained judges tried cases; they heard all the facts and were supposed to be able to tell when a man was telling the truth and when he was not, and from the viewpoint of an expert

Continued on Page 5, Column 1.

PAGE 4

MAN WHO WROTE NOTES KILLED MARY PHAGAN,' SAYS ARNOLD

Recalls Dreyfus Case to Show Mistakes of Circumstantial Convictions

PRINCE OF PERJURERS' IS EPITHET APPLIED TO CONLEY BY ATTORNEY

Continued From Page 3.

determine his guilt or his innocence. The jury system case as a result of a desire to popularize the courts; to let the people flow through the courts.

"God Grant We Get

Away From the Street."

"Inexperienced, as they are, it was decided that juries were capable of deciding questions of fact. Of course the judge still decides all legal points."

"My friend Hooper, in reading his authority just now, used a funny expression. He said your position is no different from any man's who wants to learn from any man's who wants to learn the facts; from any man on the street."

Hooper objected. "Your honor," he said, "I don't want the speaker to misrepresent my meaning."

Arnold: "You said street. God grant that we get away from the street when we come into court. What is the use of having any court if we don't get away from the street? There it is the man who has the most friends who wins. Courts are to protect a man from the street."

"Gentlemen, sometimes the very horror of a crime does a man a grave. Time rights it all, of course, but at the present blush of a horror friends can't judge fairly."

"The crime in this case is an awful crime. It was committed by a friend a brute. But no matter how terrible, no fair-minded man would refuse to give a man accused of it a fair trial."

"But well-balanced men don't say just because he is charged with the crime by Detective Starnes and Solicitor Dorsey. We will hang him.' Thinking men weigh the facts.

"Kenley Sample of

Lying Blowhards."

"I remember a cake when Charley Hill was Solicitor, he asked a prospective juror the formal question, and when he came to that part where the Solicitor General said: Juror, look on prisoner; prisoner, look on juror,' that old fellow got up and looked him over and said: Judge, he's guilty.' That is the way with public sentiment in this case."

"There has been so much lying and rascality as I will show you that I won't add to it. That fellow Kenly is a fair example. He is a man that any honest man ought to be ashamed to say one knows. His mouth is set like a catfish. He is the type of lying blowhards that constitutes the so-called public sentiment. He is the man who said they hanged two negroes at Decatur because they had to have somebody, and he is the man who said, Hang this Jew for the murder of that poor little girl whether he is innocent or guilty.'

"I had rather be in Leo Frank's shoes today than Kenley's."

"Gentlemen of the jury, there are people who say that Frank is a remarkable man; that he is a man of wonderful courage; that he has gone through this trial in a manner most remarkable for a man of his physical build and temperament."

"Gentlemen, he has inherited through 2,000 years of persecution. Behind him there is a long line of ancestors who for centuries have been abused, and I hope the day will come when a man will get justice, will be accorded fair treatment, be he Jew or Gentile, or white or black."

"He has endured persecution, and his family has endured it. The Jews have been thrifty, and envy has been the result. If Leo M. Frank had not been a Jew there would not have been any prosecution of him on this despicable charge. The miserable, lying negro, Jim Conley, was brought in to tell his miserable, lying story, to recite, parrot-like, the story in which he had been so well drilled."

"I am asking my own people and my own kind of people to do Frank justice. I am not a Jew, but I would rather my throat would be cut than do one an injustice of this sort."

"They have got their miserable perjurer, Conley, to come up here and swear Frank's life away. They have had him swear against a man who never had a word said against him before."

"Of course, after a crime, you always find persons who say that they knew the defendant's character was bad. But you don't make a murderer in a single day."

"I am going to compare the witnesses that were used by the defense with those that were used by the prosecution. They brought up the dregs of humanity to testify against this man. They brought up jailbirds and convicts to hang this man. They spouted hot and cold. They hurried the schedule of a street car. They slowed down the time clock at the factory. They got the detectives to say that Frank was nervous. They got his mother-in-law to say that he was soulless he didn't open his mouth."

"Built Up Case,

Then Tore It Down."

"They got little George Epps to testify that Mary Phagan got into town at 12:07. Then they began to tear their own testimony down. I am going to strip the case of some of the falsities and the warpings of the evidence, if God Almighty gives me strength. I don't know that He will, for I am nearly worn out."

"There have been a great many thins brought into this case which should not have been brought int. The defendant must be proved guilty of the murder of Mary Phagan. Every other reasonable hypothesis must be eliminated."

"You must liberate Frank, otherwise. The law says you must. If you think that it is as reasonable to believe that Jim Conley committed the crime, then you must turn Frank loose."

"Our friends, the detectives and police, were hard put to find somebody on whom to place the crime. They thought at first it was this man Gantt. Sentell and others said they saw Mary Phagan on the street at midnight. Of course, they did not. But it will illustrate the uncertainty with which this crime has been hatched."

"Then they were almost certain that Newt Lee was the man. They found the notes by the girl's body, and Newt Lee said in reference to night-witch,' a phrase occurring in one of the notes, that night-witch means me, Boss.'"

"I do not think that Newt Lee committed the murder, or had anyting to do with the killing of the girl, but I never will get it out of my mind that Newt Lee knew something about the writing of those notes."

"Man Who Wrote Note

Killed Mary Phagan."

"This is one of the profoundest mysteries that ever confronted a community. It has baffled investigation at every turn. But one thing has stood out like a mountain on a plain, since the very beginning of this case. The man who wrote those notes killed Mary Phagan."

"Oh, you remember how they searched for him. The notes were found beside the dead body. It was right hard to recite what was in the obsecure mind that wrote those notes. It looked like one negro trying to accuse another, but the one question stood out. Who wrote the notes? Who wrote the notes?

"Things developed. Newt Lee was put through the third degree and the fourth degree. Just the day or the day before the Court of Appeals handed down a decision which is especially applicable to this case. It denounces such methods. How it does hit Jim Conley and the authorities that made him swear. How it does hit Minola McKnight!"

He read a newspaper clipping of the decision.

"Our friend Hooper said there was nothing to hold Jim Conley in that chair but the truth. My God! He has his life at stake! Before you get through with this case you will see that they have to depend on Jim Conley. If they can not hobble on those top rotten crutches they can't hobble at all. Before I get through with it I am going to show there never was such a frame up since the world began."

Court adjourned at this time.

Recalls Famous

Durrant Case.

When court convened for the afternoon session, Arnold resumed his argument.

"Gentlemen of the jury," he said, "my friend Hooper made some remarks about circumstantial evidence and how powerful it was. He forgot to mention the fact that the circumstances had to be substantiated by reputable witnesses and eliminate every other reasonable doubt."

"I read a book once that dealt; it a circumstantial evidence and it was positively sickening the number of mistakes that have been made. The famous Durant case that has come within our memory is a striking illustration. Two girls were found murdered in the tower of a church. Durant was the last man seen with them. The public said, You are guilty.' One man swore he saw him wearing a girl's ring. Another man swore he had found Durant nervous and perspiring as though he had come from a recent great exercise. The women egged him on his way to court. The jury found him guilty and a weak judge the first I have ever heard of, sentenced him to hang in three days. They appealed the case, but lost out, and they hanged him. There was not a cemetery in Frisco that would bury that man. They took him out to a little country churchyard and buried him. Time went on and people forgot about it. The preacher in that little church continued to address his congregation. After a number of years, the preacher was confined to his death bed. He called a number of his friends around him and confessed to the murder of those two girls, and explained the circumstances in such a way that it left no room for doubt that he was telling the truth."

Cites Infamous

Dreyfus Case.

"I remember another case the Hampton case in England. It is a historic case. A country gentleman by the name of Hampton disappeared in life."

"I recall another case, the most dreadful of all the Dreyfus case. He was a lieutenant in the French army. Someone had been telling the plans of the French fortifications. Dreyfus the suspected. They got evidence against him, he was court-martialed and sent to Devil's Island. The men who sent him away thought they were safe, but the people became calmer and began reconsidering their action. In time a most infamous conspiracy was revealed. One man confessed and before the end practically every man in the prosecution committed suicide. Dreyfus was a Jew. He was friendless. He was an easy mark and they got him.

"I have never seen so much venom as there is in this trial. The murderous bestiality that robbed little Mary Phagan of her life is scarcely worse than the spirit that would deprive this man of justice. No wolf in the forest, no beast in his cage, is so savage as these people who would hang this man on the flimsiest sort of evidence."

Arnold Grows Facetious

At Expense of Hooper.

"One thing in my friend Hooper's speech I want you to consider. What he didn't know about the case would fill many volumes. He has got just a little feeble smattering of an idea. He doesn't know what the witnesses said. He doesn't know anything about the factory. He got mixed in Conley's evidence. Part of the time he was quoting from statements of Conley made before the trial."

"But I can't blame him much. Conley's evidence is so crooked he couldn't follow it. It reminds me of the story of the farmer who tried to teach his boy to plow a straight row. He said: Son, you see that bull across yonder? Follow straight to him and your row will be straight. He came back later and found the boy plowing in semi-circles. What are you doing?' asked the farmer. I am following the bull,' replied the boy."

Arnold illustrated his point by walking around in circles before the jury, holding his walking stick as though it were a plow stock.

Sheriff Mangum had to rap to keep down the laughter.

"I have never yet seen an effort to get a jury to believe a witness in the attitude of Jim Conley," Arnold continued. "There are vile different editions of his statement. If he made one tomorrow, there would be a sixth. He has got the strongest motive in the world to lie to save his own neck."

Premediated Killing,

Scouts Theory Frank

"Take my friend Hooper's theory that Frank knew it if Conley killed the girl. That is about as weak as the rest of his argument. If Conley had killed her on the second floor, he never would have taken her down until Frank and Mrs. White left."

"Frank left about one. It is absurd to assume that it was impossible for him not to have seen Conley. But we don't believe she was killed on the second floor. And I am going to show that there is no evidence that she was killed there, except what Christopher Columbus Barrett found."

"Hooper smelled the plot. He says this man had had his eye on this dear little girl for some time. That he had been thinking of how he could get her. That he had plotted to make an attack on her. I join with everyone in saying that who killed Mary Phagan was a foul beast, a fiend, a savage. It was not the act of a civilized man."

"But Hooper was hard pressed. They had to fall on something. They say that on Friday Frank knew he was going to make an attack on little Mary Phagan. And, gentlemen, taking in the evidence and everything else, this is the wildest conception I ever heard of."

"Conley Was Made to

Tell Suitable Tale."

"The utmost they can get is by this poor miserable little fellow, Turner, brought in here at the eleventh hour and who says he worked at the pencil factory for ten days. And all he said was that Frank had put his hand on her shoulder and called her Mary."

"When asked if he could describe her, Turner said that he could not. He did not know anyone else in the factory. He could not describe anyone. And what did he say that Frank said to her? All in the world that he said was that: I am superintendent of this factory.'"

"And mind you, gentleman of the jury, this was in broad open daylight. They brought in other women here to testify as to his conduct with Mary Phagan. And all that they could say was that they had heard him call her Mary."

"To get back to Jim Conley; he is at the beginning of the plot. From all the evidence, they just took him and led him around and made him fit a theory. I will prove by Harry Scott's evidence that whenever Conley said anything that didn't exactly fit, they said: Here Jim, that won't do. That doesn't fit Bill Jones' testimony and Conley immediately switched it around so that it would fit.'"

"By Conley's evidence that on 1 o'clock Friday afternoon, Frank came to him on the third and fourth floors, they expected to show that Frank at 3 o'clock Friday afternoon knew Mary Phagan was not coming for her pay."

"Now they didn't begin the payroll until 5 o'clock Friday afternoon. Who on earth but God himself would know that little girl was not coming for her pay?"

Sees Conspiracy in

State Evidence Chain.

"How unreasonable must it be for intelligent human beings to believe any story so utterly unreasonable."

"There is a little girl named Ferguson. I notice that Mrs. Coleman never said a word about the Ferguson girl, nor did she say a one about the Epps boy. But the Ferguson girl says: I asked Mr. Frank for Mary Phagan's pay, and he wouldn't give it to me.' Frank didn't know Mary was not for her pay that day? How did he know she wouldn't come for her pay that day? Wasn't it natural to suppose that if she didn't come that day, that she would com on Monday, the next working day? Do you think that he knew she was coming Saturday morning?"

"Gentlemen, it is the wildest theory on earth. Yet the Ferguson girl said: I asked for Mary's pay and he said he wouldn't give it to me.' Frank never paid off. Schiff always did that. They had a pay window, and Schiff sat behind it. I doubt if Frank ever saw the girls who were paid."

"There is another little girl, Magnolia Kennedy. She looks just as well as the Ferguson girl. She declares she was behind the Ferguson girl and that the Ferguson girl asked for the pay of no one but herself."

"There is your conspiracy. Before anything happened you have Conley laying the foundation. You have Frank on Friday knowing all these things and telling Conley to come back Saturday. You have Frank saying: I don't think Mary Phagan will ask for her pay this evening. I don't think she will come down and get it at the usual time. I think she will come Saturday morning. So I will have Conley here and he can watch for me while I assault her."

Accuses the State of

Begging the Question.

"Gentlemen, it is too thin. But my friend Hooper says that Frank fired Gantt for a one-dollar debt. Gantt don't come into this case in a very good light. He admitted the one shortage for which he was discharged. There was no doubt that the man who made the complaint knew of the missing one dollar. You don't know how much more there was. You don't know what Gantt did during the time he was working there. We didn't go into that. We don't want to sling any mud on to anyone at all. Yet they are bringing in the discharge of Gantt as having a hearing on this case."

"They claim Gnatt was discharged because he had said he knew Mary Phagan. There is no proof that Gantt knew her. They were born in the same country, but there are 30,000 people in Cobb County. He was not her guardian. She was not dependent upon him."

"Little Grace Hix said that Frank didn't know Mary, Magnolia Kennedy said that Frank was not acquainted with the Phagan girl."

"My friend Hooper said some mighty bad things about what happened at the factory. He has pictured the conditions at the factory as being grossly immoral."

"Gentlemen, that is begging the question: I venture the assertion that this factory is no better nor no worse than the general line of factories. Any place where you work from 100 to twice that number of men and women you are almost certain to get some who are not so good as they might be. There is always the evil mixed with the good."

"Discharged Employees

Testified in Revenge."

"We are not trying this case on whether you or Dorsey or me or Mr. Starnes or Frank have always been perfect. I say to my friends, let him without sin cast the first stone. There was a little immorality here as in other factories. My friends Dorsey and Hooper have put the microscope on everything. They have dug up everything that ever happened at that factory. They have gone back five years in their efforts to create trouble. They went fishing for witnesses and I don't wonder that they could find a dozen or so who were willing to swear that Frank's character was bad."

"You can always find discharged employees of the factory who were envious or jealous and are anxious to get revenge on their employees. When you swear to character, it is always an opinion. And the value of your opinion depends on the length of time you have known the person for or against whom you are swearing."

"The prosecution has put up eleven girls. Most of them worked there years ago and for only a few weeks at a time. They have gotten all the floaters they could find, employees who worked at one place for a short while then moved on."

"They have searched these witnesses out carefully. They have taken them to their offices and questioned them. And I don't doubt that after they got through questioning them they were able to find many who were willing to swear that Frank's character was bad. From the way they have been giving evidence. I am inclined to believe it."

"Now, of all the incidents mentioned by our friend Mr. Hooper, the dressing room incident is about the worst. There is the room, gentlemen that has absolutely no conveniences no wash room, no lavatory."

"Now Miss Jackson said that the girls went to work at 7 o'clock and that Frank looked in at 7:10 or 7:15. Miss Jackson admitted that girls had been flirting from the windows of that dressing room. She said they were all afraid of Frank and went on to work when he appeared. The only reason that Frank looked into that dressing room, was to see that his orders prohibiting flirting had been obeyed."

"Do you think he could run a factory like that and flirted and had been familiar with the help? Don't you know that if he had done that, all organization would have been swept away and work would have been practically at a standstill? Do you think Montag would have kept him if he had done all the things the prosecution said he did? Do you think they would have trusted their business with a man like that? Why, it is preposterous?"

"Men here talk like putting the hand on a thirteen-year-old girl's shoulder amounts to anything. Or looking into a room where girls change only their top dresses? Why you can go out to Piedmont Park any day and see 500 women with almost nothing on."

"You can go to shows and see them with practically nothing on. And I don't mean we are getting worse, either. We are getting broader. This prudish attitude of holding up your hands in horror of a man's putting a hand on a woman's shoulder makes me sick. I wouldn't trust that sort of a man behind a door."

Killing Was Crime

Of Savage Negro.

"We are living in a broad age. We are getting more sense about these matters. Sometimes I think it is a little too broad for me. But Frank's acts that were testified about were made in the broad open day, and no complaints were made about them at the time."

"I was talking about Hooper's theory. He is the sort of man who sees a bear behind every bush. He quoted Conley's statement about Frank telling him to come back and watch. Don't that fit beautifully? Mary Phagan had not been there. It isn't so of course. Frank couldn't have had any engagement with that little girl. That crime couldn't have happened as Conley said it did. It was the crime of a savage negro whose first attack is violence because he can not accomplish his objective in any other way."

"Now we come to this man Barrett. I don't know what his name is but I call him Christopher Columbus because of his numerous discoveries. He talked about a reward. Smith testified he saw him counting his imaginary money. Frank, Chief Beavers and Detective Starnes made a searching investigation of that factory Sunday. They didn't find any blood spots. But Christopher Columbus embarked on a voyage the next day and discovered wonders."

"I am going to show you just how

Continued on Page 6.

PAGE 5

JIM CONLEY MISERABLE, LYING SCOUNDREL, SAYS ARNOLD

Dressing Room Story Preposterous, Lawyer Asserts Hotly to the Jury

DALTON IS BRANDED AS COMMON LIAR; NO SPOTS WHERE HAIR WAS FOUND

Continued From Page 5.

absurd his discoveries are. I am not going to just hit the high places like my friend Hooper did. I am going fully into it. My friend Hooper is a bully fellow. He is such a good fellow that really I am almost persuaded he hasn't had his heart in this case at all."

Blood Stains Were

Only Analine Drops.

"Four pieces of floor were chipped up. Each piece had a spot on it which they thought to be blood. These chips were taken from the floor covered with dirt and grease one-quarter of an inch thick. This floor has never been scoured and we know a few men who had been hurt back there and who had been carried by this spot. There is a difference of opinion as to how much they bled but we know they did bleed, that they bled considerably. And this place was in front of the ladies' toilet."

"And we know from the chemists who have been upon the stand that if a drop of blood had fallen there four years ago the chemist could find corpuscles now. They took up four chips. I want to show you these chips, and I also want to read you Dr. Claud Smith's testimony on the stand here. Here are the chips with the blood spots on them all blood. Oh! The chemist can find the corpuscles. Unless they are scoured up they will be there ten years. Now listen to Dr. Claude Smith's evidence. He says that he found three or four or five corpuscles in the field. My recollection is that one drop of blood contains not less than 80,000 corpuscles."

"As to the amount of blood, you can form your conception. And here is what he says about the chips: The chips I handled had blood and dirt, grease and other things on them.' He says he found corpuscles on one of the chips, but he could not tell what chip it was. He said he raked them all together. He could not even say whether the corpuscles he found were human or not. He could not even pick out the one chip that had the blood on it. He said that he tested for blood only; that he made his test in the ordinary way, and he found the stain on every chip. And that stain was paint, analine which we have insisted was there. And as to the amount of blood, eh could not say whether it was half a drop or less."

No Blood Spots

Where Hair Was Found.

"I say that one half a drop of blood might have been there several years. And now, if I make myself clear, what they say was blood was a stain, the same thing on every chip, and not blood at all. It just happened there were one or two corpuscles on one chip when one drop of blood would have remained intact several years."

"Now that hair Christopher Columbus found on the lathing machine, and by the by it has never been introduced and I would like to know where it is. It has never been identified for the very simple reason that it is not in existence. Every doctor has told you that she must have bled where the hair was found or where the would was made, and there was the blood found."

Attorney Rosser here interrupted Arnold to read from Detective Black's testimony in which he said that Detective Starnes and himself made a thorough examination of the metal room and dressing room the Sunday morning after the crime and found neither hair nor blood.

"Now here where Barrett found strands of hair," Arnold continued, "I want to say that it would be nothing remarkable to find strands of hair on any machine in the factory at which women worked."

Seen Frank's Honesty

Worked Against Him.

"My friend Dorsey says they washed up blood in several places. Now why wasn't it all washed up, instead of putting this haskeline around that one place?"

"The whole truth is that the whole case rests on this fact: that Frank was honest enough to tell them that first Sunday morning that he did see Mary Phagan; that she did come there for her money, the time she came there for her money, the time she came there and the time she left. Now, if he had been trying to hide anything he would certainly have had sense enough my friend Hooper says he is more than the ordinary in intelligence to have denied seeing the girl at all, to have known absolutely nothing about her and to have had her pay envelope in the cash drawer where it would have been if he had not honestly paid her off when she went to his office unharmed."

"When Little Mary Phagan came harry Denham and Arthur White were upstairs. Lemme Quinn and Monteen Stover and all the others were coming in. People were coming and going all morning. The doors of the office were open; the doors of the metal room were open. There were glass doors in the metal room so anyone could look in and see everything that was going on."

"Do you mean to tell me that a man is going to plot murder with conditions like that? There were people coming in before and after the crime a dozen people were dropping in. There Frank was overwhelmed with work, his stenographer gone, and yet they tell me he had planned to lose half or almost all the entire morning with a plot like that. All reason would be against his having relations with girls in the factory."

Brand Dalton A

A Common Liar.

"I have no doubt that some of the girls in the factory were bad, but I don't believe they were all bad. I believe most of the girls who work in that place are good. Now the prosecution has jumped on poor Daisy Hopkins and has torn her character to shreds. I have no doubt that Daisy Hopkins is a bad woman. She has admitted it. I am sorry for her, but some of the men who testified in this case were no better. Think of the motorman who got on the stand here and told about going to that place with women and Dalton telling about going there with Daisy Hopkins and sneaking down through a scuttle hole into the basement."

"They told us that Dalton, the man with a criminal record, had reformed. He lied when he said he had reformed and if he ever went into the pencil factory he slipped in. Look at this man, gentlemen (pointing to Frank). Why should such as he associate with Dalton. Would you think he would be a boon companion of a man like that. No man says he was but Dalton and Conley. Dalton and Conley brought Daisy Hopkins into the case, too. She was not our witness except in this way. Fallen women sometimes tell the truth. It is known they have peculiar characteristics and we knew that if they had lied when they said they went to this place with her she would say so."

"Now, Daisy Hopkins says it is a lie and when all of these people say Frank was never there with women and when the clerks, the office boys and his assistant, Schiff, say that these men lied, then Dalton has lied."

State Suppressed

Dalton's Record.

"The State was hard pressed to bring on a witness like Dalton. They didn't tell you about Dalton. They didn't tell you that he had been arrested and served prison terms almost without number. Now, gentlemen, occasionally a thief reforms, but not often. Drunkards may reform and a man with bad habits will reform, but a man with stealing propensities seldom reforms. Our friends, Dorsey and Hooper, any Dalton has reformed. Now this man stole valuable articles in Walton County and in Gwinnett County. We brought witnesses from both counties to show that Dalton's character was bad now. They had witnesses from Walton County, not a soul from Gwinnett County.

"Now, Dalton has named two other girls he says he met at the pencil factory. They said he lied. Now, gentlemen, I am coming to Jim Conley. As our friend Hooper said this morning, the whole case centers around Jim Conley. At the outset suspicion was directed to Frank because it was thought he was the only person in the building who had the opportunity to commit the crime. Harry Denham and Arthur White were there on the fourth floor, and as far as Frank knew, Mrs. White was there, but no one knew of anyone being in the dark passageway near the elevator, the most favorable place in the entire building for a crime."

"No one knew anything about this for weeks. The detectives started against Frank because he admitted that eh had seen the little girl, that she had come there and that he had given her, her money. They worked on Newt Lee, and if he had been a negro who could have been bulldozed or intimidated he would to-day have been swearing falsely against Frank."

"Negroes, Like Children, Tell Long Fairy Tales."

"Now I have no harsh words to say about the methods of the detectives, but in the case they have let their zeal lead them astray. Their theory is that when they get a prisoner so he will tell something on some one they have accomplished something. Now, I am coming to the case of Minola McKnight, and it is a fearful thing. It is worse than the Newt Lee affair. Mr. Frank said he had never heard such vilification as was showered upon the head of Newt Lee by the detectives. Evidence gained in that manner, gentlemen, by browbeating, intimidating or persuading is suspicious and it is so held in the decision of the Court of Appeals that I read to you this morning."

"This evidence looks bad no matter how blameless are the men who got it. I don't believe that Detective Starnes would write something and tell Jim Conley or anyone else to swear to it, but they can accomplish the same thing or more by doing what they did."

"Tell me a negro can't invent a tale with lots of details. They have got the capacity of little children for doing that. Don't you know how little children tell stories of fairies and things like that? There is nothing in the world so extensive as the imagination of a child."

"The older I grow the less imagination I have. And anyone who has been around court rooms much knows that negroes are the equals of children in making up plausible yarns."

"They say that Frank used the word chat' and that Conley used it. The very first things that a negro apes in his boss are his peculiarities of expression. I have heard negroes stand and mimic their bosses, using all their mannerism and motions. Why, gentlemen, I can see it developing how Conley sat and read the papers and conjured up this tale. I can see the developments in the cooking up of this whole thing. And I am coming to it. And it is monstrous."

"Then the bloody shirt: my friend waving that scared me. I thought the war was over. They say Frank planted it. Frank didn't know anything about it. But John Black knew it was there before he went and got it. I don't say that the detectives planted it. But you had to find out about it from Black and Scott. WE don't know anything about it. About that time Lanford was giving out interviews saying Newt Lee was guilty. The detectives were bringing up a case against him. The shirt was found."

"Conley was arrested on May 1. He denied that he could write. This fact points to him like the finger of fate itself. They found out he could write from Frank. Frank didn't know, before that, what the detectives were trying to learn from Conley. I honestly believe that."

"Frank showed them pawn tickets and Conley admitted the handwriting. Then time rocked along and Conley began to try to figure out his story to clear himself. He knew suspicion pointed to Frank. He had plenty of time to conjure up his tale before he said anything."

"They didn't want Conley to stay with Wheeler Mangum. They found he could write, they found that he wrote those notes and found out eh was consistently lying. Why didn't they leave him with Wheeler? Because they knew he was honest and would not stand for any frame-ups, and they come into court with a petition and say they don't want him to stay down there because they are talking to him. I never heard of a petition like that before, but they got one, and got Conley out of there. They have got that petition over there now."

"I like my friend Dorsey. He's a mighty nice young fellow, full of zeal, but he is a younger man and when he gets a little older he will know better than to take the initiative in a case of this kind and get mixed up with the detectives in their investigations."

Calis Jim Conley

A Lying Animal.'

"But the officers had indicted Frank before Conley made his first confession. Back in his cell, this negro was studying, and he smiled himself. It was the easiest thing in the world for him to say that he wrote the notes and lay the blame of the crime on Frank. He said on that stand: Why the reason I did this was because Mr. Frank had gone back on me. But that was only the beginning of his lies.'

"Why, gentlemen of the jury, I suppose there never was in the history of criminal animals, and I stick to my opinion that there are criminal animals, another such instance as this, an instance where the lies of an ignorant but smooth negro are taken by officers of the law and used no evidence to place the life of an innocent man in jeopardy."

"But how glad the officers were when Conley made his first statement. How they jumped at it like a straw. Frank is a well-known man and officers felt that they were bound to push their case against him. Else they thought might be criticized if they failed to do so. So they progressed along the evidence furnished them by this lying criminal animal. Their evidence alone is based on these miserable lies. Take the affidavits made by Jim Conley. Oh, he is smooth, this negro Conley. He is not near the fool he made out he was. And the State has clutched at his lying testimony."

"Now look at these affidavits."

The attorney here read the affidavits of Jim Conley.

Accuses Officers of

Scheming With Negro.

"In one of these affidavits he said he did a lot of things on Peters street. Then he comes along later and says this is not true. Here is another instance, the greatest one of all, he changes the time he said he wrote the notes, and here also in another little fact in the notes found by the side of the girl's body. Just notice the word negro.' It is spelled right."

"Now, gentlemen, the first word a negro learn spell is the word negro. And it was a noticeable fact when Conley was on the stand that he went out of his way to say the word nigger.' He said the word nigger every five minutes."

Gentlemen, he was drilled to it. The first time Jim Conley admitted writing the notes, he said he wrote them at four minutes to one Friday. But he trapped in this. He had told a crude lie. He had gone back on Frank. The officers caught him in it. Then the scheming began.

"Jim, this don't fit,' the officers told him. So he went back to lying again. He had tied and was feeling his way by lying. The reason he put it on Friday at first was because it was a whole lie. But these officers schemed with him, and he kept building lie upon lie until we don't know where we are. If they put him on the stand again he would go to lying some more, I expect. If they had left him over in the County Jail with old Daddy Wheeler Mangum. I haven't a doubt but that he would have told the whole truth long ago.

Tells How Conley Was

Taken From the Tower.

"Here is what my good friend did and the detectives got him to do it. He said: Judge Roan, I want to get that negro Conley out of the Tower. Judge Roan said: All right, I want to get that negro Conley out of the Tower.' Judge Roan said: All right, I've got nothing to do with it.'

"They took him out of the Tower and put him in the police station. There they held him. They haven't any charge against him; they haven't indicted him despite the fact that there is ten times the evidence against him that there is against Frank."

"Now I am going to show you something about getting evidence. I have learned something myself in this case. Here is an affidavit from Conley. Here is another one saying it is a lie. I am not going to read them. They tell all about saloons, sausage and the like."

At this point the jury was permitted to go out for refreshments. When they returned five minutes later Arnold continued.

"The third statement. May 28," he said, "in which Conley changes the date of writing the letters from Friday to Saturday, conflicts with all his other statements. He tells two pages of what he did that morning. Now he says all that is a lie. He says: "I made the statement about writing the notes on Friday because I was afraid I might be accused."

"He says he told all the truth and that this is his last statement. God knows when he will make the last statement. According to him he has a sign language by which he tells whether he is lying or telling the truth."

Says Negro's Story Was

Wonderful in Detail.

"Don't you know he looked into the faces of the detectives when he made these statements just as he looked into your faces when he talked the other day? If he had a sign language why didn't he take the detectives into his confidence. He said he always looked down when he lied. But the detectives didn't know his signs. And in it all he keeps away from the truth of his guilt of lying in wait in that hall. Guilt was in his soul and he was afraid to approach that. When he did finally admit he was in that hall, he said he was watching for Frank."

"Why the miserable lying wretch. It makes me almost too indignant to argue. Yet some people wonder how he could imagine such a wonderful lie. Why, if there is anything a negro can do, it is to lie?'"

"My late lamented friend Charley Hill, used to say that if a negro was put into a hoper he would drip lies."

"I haven't time to read this second affidavit or to read of the hundreds of things the negro did on Peters street during the mourning; how he went to half a dozen saloons; fought with a negro who had a bull whip over his shoulder; of the controversies he engaged in; of the things he ate and the things he drank. I have never seen such a labyrinth of detail."

"We now come back to the writing of the latter in this affidavit. This affidavit is filled with all sorts of things. Conley says: Frank grabbed me by the arm and squeezed it. He held me so tight it made his hands cramp. He had me like he was walking up the street with a lady. He carried me back through his office into his outer office, picked up a boy of sulphur matches. Then he looked out and saw two ladies coming."

Searching Analysis

Of Negro Continued.

"He said Gee, there come Emma Clark and Corinthia Hall. Then Frank grabbed me and put me into a closet. I was a little slow, and he gave me a push.'"

"Now, gentlemen, Conely says Emma Clark and Corinthia Hall were there at 1'clock or shortly after, and as a matter of truth they were there between 11:30 and 11:40. Then Frank says: Get into the closet.' Once it was mapped out it was no trouble at all for Conley to tell his tale. He knew about the closet in Frank's office. He knew every fool of the plant. He had swept out every inch of it. He could tell by the voice of the women and the spots on their dress who they were. He says he heard Mrs. Freeman say: Good morning, Mr. Frank, are you alone?'"

"Now, gentlemen, this miserable wretch has himself hiding in the

Continued on Page 7.

PAGE 6

CRIME WAS THE DEED OF A SAVAGE NEGRO, DEFENSE CHARGES

Couldn't Have Happened as Conley Said It Did, Attorney Arnold Declares

OFFICERS ARE ACCUSED OF SCHEMING WITH BLACK TO FIX GUILT ON FRANK

Continued From Page 6.

closet while Mrs. Clark and Miss Hall were there. He said this was after the murder, when there has been evidence here that Mrs. Freeman and Miss Hall came and left before Mary Phagan came to the factory."

"All of this story has been changed now, gentlemen. When he was on the stand, he swore that he thought it was Corinthia Hall and Mrs. Freeman. They changed it when they saw that it wouldn't fit. This thing of Frank hiding Conley in the closet is ridiculous. There was no necessity for Frank hiding Conley in the closet."

"Notes Are Products

Of Negro's Brain."

"If Frank saw the women coming, he could have met them in the hall. He could have shut the door of his office. He was the boss of the plant. It is all so utterly ridiculous that it is almost useless to argue it."

"And this thing of Conley watching. That was wholly unnecessary. And what a fine watchman he was? When Frank was in the metal room with the little girl and she screaming at the top of her voice, Conley let another girl in Monteen Stover and let her go upstairs and ramble all over the floor. And yet he was watching to see that no one interrupted while Frank murdered the girl."

"Now in his affidavit, Conley says that Frank told him to sit down, then said, Jim,' can you write?' Now think of that. Conley admitted on the witness stand that he had been writing for Frank for two years, that he had been writing for Frank for two years, that he had written the names of pencils and made reports and that he had written notes to Frank, asking for loans. And yet the miserable liar says Frank asked me if I could write.'"

"Things like this, gentlemen, show what a liar this negro has been. My friend Hooper says how foolish it would have been of the negro to write these notes. The notes are the product of a negro brain. That is one thing that made me believe Newt Lee knew something of the murder, I believe Newt Lee discovered the body before he says he did, and I am forced to believe that Conley killed the girl."

"This question of Can you write?' is a beautiful question for a man to ask anyone who has been writing for him for two years. A lie always catches up with itself. Conley says that Frank told him to write: Dear Mother, a long, tall black negro did this by himself.'"

Says Officers Stopped

Conley in Confessing.

"Here Conley says Frank slapped him on the back and said, Jim, old boy, you're all right.' Just think of that. Jim, old boy, you're all right. You're a trump.' I just put in that trump myself, but that's what he meant."

"Now, Scott swore that he heard this negro sit down and write one of these notes for him, and how long did Scott say it took this negro? Why, he said it took him more than six minutes to write a part of it. Gentlemen of the jury, do you really think this defendant slapped that negro on the back and said: Jim, you're all right'? Do you think any decent white man would have done that. Good lord, just think of it. Lies, lies, lies.'

"And here he says Frank sat down in his chair, the chair that turned around, and reared back at him and then gave him a cigarette. He says Frank handed him a cigarette box. He talks at first like the box was full of cigarettes. Then he says the box had money in it, and when he told Mr. Frank there was money there Mr. Frank told him to keep it. Lying all the way through."

"Listen at this. After he had done this he said that Mr. Frank stood there and said, Why should I hang? I have wealthy folks in Brooklyn.' Ah, why should I hang. Gentlemen, the papers had been full of the fact for a week that Frank had relatives in Brooklyn. Everybody thought he was wealthy, but he wasn't. The only wealthy relative he had is his uncle, Mr. Frank, here in Atlanta, who made his money in Atlanta. People say, but how could Conley have made that up? I don't know how he did it, but it was a monstrous lie. There he sat in his cell and lying in every direction having at the moon. And then the officers keep after him."

"He wanted to confess but he never had a chance to. He would start off to confess and they would stop him. They would say, Stop, stop, now wait a minute.'"

"Now he said in his affidavit that Frank rubbed his hands and then rubbed his face, rolled his eyes, then rubbed his hands again. I asked where is Snowball? Yea. In his extremity he asked for Snowball. Give me Snowball, give me Snowball.' Ah, give me liberty or give me death."

"Must Believe Whole

Story or None of It."

"Then he said Frank's reason for wanting him to write the notes was that he wanted to send them to his relatives in Brooklyn to show them what a good nigger he was. He didn't know the reason why."

"Now, gentlemen, do you think that any sane man would have ever told that to an insane negro? Now, look at what these notes were that Jim says Frank told him he was going to send away. Listen how it starts:"

"Dear mother, he said he would love me.' Gentlemen, is that within reason? Is it within reason to believe that Frank told this negro that it is a lie, base, infamous, preposterous.'"

"Unless you believe every word Jim Conley has said, the State has got no case at all. You have got to swallow guts, feathers and all or not take anything. When he said that about those notes, and right in the same breath said: Don't take out one dollar for that watchman,' his mind was wandering. He followed that right away by saying: And Frank said that big, fat wife of mine wants me to buy her an automobile.'"

"Conley had seen her around the factory sometimes and put that in to make his lie sound the more reasonable. It is unkind for them to say she would not go down to the jail to see her husband. As a matter of fact she was very anxious to go down and see him and it was only at his specific request, almost a demand, that she stayed away, because he knew the newspapers would snapshot her, and that she would see him in a cell."

"His motives were the purest. No gentleman would want his wife to see him in jail and you know it. It was the only thing for a gentleman to do."

Reads Statement of

Pinkerton Detective.

"Of course that didn't satisfy them. Anybody could see he was dodging being at the building. His first statement got him into it, all right. They knew there was more. I am going to show you, that in the next statement, there never was a man guided and protected more from becoming a principal in a crime. He has helped."

"I read you the testimony of Mr. Scott, a detective called as a witness by Solicitor Dorsey. My friend Hooper thinks you have got to believe Conley because he did not break down the stand. I have seen honest men go to pieces on the stand, and I have seen the blackest liars on earth look the judge and the jury straight in the face and tell their tales."

"But here's Mr. Scott's story of how he made a statement."

Attorney Arnold proceeded to read Scott's testimony.

"Listen to these words of Scott: We tried to get him to add to or confirm the earlier statement he had made. He would say nothing further. We saw him again in Lanford's office for six or seven hours. We tried to impress on him that his statement about writing the notes on Friday would not fit. We saw him Lanford's office the next day for five or six hours. We pointed out that the time of the note-writing would not fit at all. On that day he changed it to Saturday."

"Is anything clearer than that? Yet in this statement Conley stuck to the parts of the story about what he did Saturday morning."

"Tracks of Perjury

Clear in This Case."

"I can hear the detectives now: Conley, we want you to tell enough about this crime to convict Frank, but not enough to get yourself indicted. We want you as a witness.'"

"Gentlemen, I hope I make myself clear. This is one of the slickest places of business ever pulled off on the face of the earth. I don't mean they literally told Conley that, but their suggestion was mighty strong. They had taken them from Uncle Wheeler and turned him over to Lanford, Black and Scott. Scott says they told him what didn't fit. Think of that, gentlemen. He told him what didn't fit."

"Convict a man on this? It is hard to believe a negro at any time, but to convict a man on this testimony "

"They say that negro is smart; that he withstood Mr. Rosser's attack. He is smart. He is well acquainted with the law. They did not have him hide the body of a murdered girl. He would have been guilty under the law. They had him say she had fallen and got hurt; that he did not know she was murdered. Isn't it clear? Just enough to put all the guilty on Frank and keep the negro free as a witness?"

"The idea was to show that the other man killed the girl but Conley did not get into it himself. Gentlemen, the tracks of perjury in this case are as big as elephant tracks. They stand out like buildings."

"When we came into court we thought we had to believe his statement of May 29. Why couldn't he have told the truth then? In his first statements he said he hadn't told the truth because he thought Mr. Frank would help him. But he had cut loose from Mr. Frank at this time and on May 29, Conley swore that he saw that Mr. Frank wasn't going to help him and he decided to tell the truth."

Pictures Conley

Killing Phagan Girl.

"That statement was what we came here to answer. Since then Conley says: I have had new revelations. Mr. Dorsey saw me seven times. Starnes and Campbell had regular seances with me. I saw everything in a new light. I made lots of changes in my testimony."

Arnold picked up Harry Scott's testimony and read from it where Scott had told about detectives talking to the negro and getting him to add to and change his testimony.

Arnold continued: "Does Jim Conley tell a thing because it is the truth or because it fits into something else they have in the case. Harry Scott says they told the negro to get his story so that it would fit. Conley says that after Mr. Dorsey and Starnes and my Irish friend, Patrick Campbell, saw him that he changed and added to his story."

"Are you going to hang a man on evidence like that? Where have we drifted, if I have to argue this? If we can't do this man justice we are less than men. We are spineless grubworms. I am not afraid to espouse his cause and talk it because it has for its foundation that rock of truth. I have the approval of my own conscience."

"The man who wrote the notes killed Mary Phagan. Conley admits he was in the factory slinking in the shadow of the dark passageway near the elevator when this little innocent girl tripped down the stairway."

"Gentlemen, I am telling this as in all probability it happened. It took but the twinkling of an eye for the deed. In two steps, the drink-crazed negro rushes forward and grabs the mesh bag from her hand."

"Probably robbery was his only motive. The little girl held on to her mesh bag. She struggled, the drunken brute hit her in the eye. She fell unconscious, her head striking the floor. It was but a moment's work to throw the body down the elevator shaft. Then the negro hung around until Frank left, carried the body back into the deep recesses of the basement and wrote the notes."

"What is more probable the or the lying, rotten ridiculous story of the negro Conley which he told on the witness stand?"

Arnold then picked up the court records and read portions of Conley's testimony to show that it had been changed, and how long it took Dorsey and his men to get it changed.

"Now every time he corrected his statement he added to it, assisted by Dorsey, Campbell and Starnes. In his previous statements he never said anything about seeing Mary Phagan come in, but it had to fit the evidence that she came in after Monteen Stover and he said All right boss, just put it that way.'

"Then he never said anything about seeing Frank come running back, but they told Conley he could hear it, and he heard it."

"Then they said to Conley, We've got an idea Frank is a moral pervert,' and asked him if he had not watched for Frank on previous occasions, and he said, Yes, boss, I expect. I did.' Then they said, Conley there's a fellow named Dalton who used to go down there. We will bring him up here and let you see if you don't know him.' And he said, Yes, boss, sure I do.' And then there's that lewd girl, and he said he knew her, too."

"There is that cord around the girl's neck. He didn't see that the first time, but he sees it now, all right, And the mean bag. He never saw that until Dorsey put him in rebuttal. He couldn't see it on the direct examination at all, and he never said anything at all about that pay envelope because, gentlemen of the jury, robbery was the motive, and he had the envelope and money."

Asks Why Negro Was

Removed From Tower.

"Finally my friend Dorsey on his last examination, asked about that bag. That was the straw that broke the camel's back, the crowning lie of all. Conley said yes, he had seen it Frank had it on his desk. He didn't say anything about that envelope. He stole that for the money."

"Gentlemen, I have got to hurry on. What was the object in taking Conley from the jail to the police station? Is Shariff Mangum an honest man? I have always heard he was but he runs the jail fairly and not to convict people."

"They said it was awful that Frank would not face Conley. Frank told you why he wouldn't, who would want to get into a row with that negro? Would it do any good? Then think of the possibilities of having your statement twisted and distorted. We have got in court the evidence of the man who wrote the two notes. We have got his own statement and perhaps the evidence of others that he was lurking in that hall."

"Gentlemen, is a life work nothing? Is it worth nothing for a man to work hard on a little salary and try to hold up his head? Is his word worth nothing against a drunken brute like this? This little child who was found brutally murdered in the basement of the factory she couldn't inspire a crime like that in an intelligent white man. I have always sold, the man who wrote those notes and who left incriminating evidence in the elevator shaft was the man who committed the crime."

Displays Chart of

Frank's Movements.

"But take the defendant this man's race don't kill l people. They are not violent people. You may say some of them are immoral and they may be immoral, but they don't carry it to the extent of murder. But a murder; a brute like him would try to do something to hide the body. The killing of Mary Phagan was a black brute's crime. This negro had the lust for the little girl in his mind. He had been carrying it in his mind and I believe this man Jim Conley killed her."

Arnold had the deputies to unwrap a long package which he had brought to the court room, a long printed chart of Frank's movements Memorial Day. It was arranged in a tabulation of minutes.

"First, I will discuss Mary Phagan's movements Memorial Day, and then the time Jim Conley said it took him to do what he alleges he did. Then I will take up Frank's movements, showing what he did and just how long it took him."

"Let's get back to the little girl's movements. First, the State put up little George Epps. And ever since they have been trying to knock him off. Epps says he got off the car at about 7 minutes past 12 at the corner of Forsyth and Marielle streets. I have always rather doubted that this little boy was as friendly with Mary as he says he was."

"Then Hollis says that he arrived at the corner of Broad and Marietta at 5 or 6 minutes after 12. Matthews says he knew her well and took her around to Hunter and Broad streets. The State has been trying to bulldoze these two witnesses ever since they went on the stand.

Phagan Girl's Steps

Retraced in Detail.

"One witness whole watch had been in soak for six months and we didn't have a watch on Memorial Day says he looked at his watch and saw Mary Phagan at 8 minutes after 12. Then they had other witnesses to get up and swear all sorts of things, and yet there were even other witnesses who have walked from Forsyth and Marietta streets and from Broad and Hunter streets to the pencil factory, and the time it took them to walk there even according to their own witnesses would put little Mary Phagan at the factory at 8 minutes past 12."

"They have put up men like this fellow Kenley, who would lead a mob of forty men and who would run at the crack of a pop-gun. This man Kenley never saw Mary Phagan say more than I did."

"Now, let's take little George Epps again. Would Dorsey say that his own witness lied? If Epps, Hollis, and Matthews are telling the truth, Mary-Phagan reached Mr. Frank's office some time between 8 and 11 minutes past 12. Now the State is trying to do everything it can to get away from the Epps evidence. I am taking it to be the truth."

"Frank says she got there at about 12:07. I would take the dead girl's mother's word, and she said Mary left thereat a quarter of 12. The schedule to town is seventeen minutes. The cars are due at Broad and Marietta at 12:07. We've got the schedule; our witnesses and their witnesses Epps and Mary Phagan's mother s word, and every one of them puts here there at this time."

Time Discrepancies

Emphasized to Jury.

"So we take it she got to the factory about 12:12, and I stand on that. We can't change watches and schedules to suit Dorsey."

Next, how long did it take to go through Conley's performance

Continued on Page 14.

PAGE 3

GEORGIA'S GREATEST MURDER TRIAL NEARS ITS FATEFUL CLOSE

By JAMES B. NEVIN.

The evidence in the Frank case all has been delivered; the last word has been spoken, both for and against the defendant, so far as the witnesses are concerned.

It only remains for the lawyers to argue the matter to the jury and then, after the court has given the jury the law in charge, there will remain only the verdict to record.

The most complex difficult elusive and mysterious murder case in the entire criminal history of Georgia is nearing its end.

It is doubtful whether any of us ever shall see the like of the Frank trial again.

Lawyers give it as their opinion that it has been, in a dozen or more ways, the most extraordinary proceeding ever coming under their observation and certainly the newspapers of the State never have been called upon to handle a story so amazingly strange in its varied and sometimes astonishing ramifications.

The Phagan case for as such it will go down in history, rather than as the Frank case has combined within itself all that goes to make for intense and insistent heart interest.

It has revolved about a sweet little working girl, tragically, and cruelly and brutally killed murdered in the first flush of young and promising womanhood, who probably never knew, and if knowing, still not comprehending, why that awful fate should have come upon her so suddenly and so unavoidably!

It has involved the honor and the home happiness of a young business man, theretofore of unblemished integrity and standing in one of the most cultured cities in the world; it has stormed about two household, equally unoffending within themselves; it has concerned itself with the love of two mothers, and it has made to bleed the heart of a wife, and has brought sorrow unspeakable to the minds of hundreds of loving friends, both the accused man and the dead girl.

Sleeping Prejudice Aroused.

It has, with sordid emphasis, suppressed but unmistakable, made manifest deep-seated prejudices and opinions gathering as it swept along many things foreign to the real point in issue, until the one big stake the cards must settle presently has, at times, been completely lost sight of, and even now is not easy to locate with certainty.

The Phagan case has run the entire scale of human emotions there is little by way of sinister or grim appeal that has not been, somehow and sometime, injected into it!

But, after all is said and done, perhaps the matter has been thrashed out thus far in the light of the biggest intelligence that might have been applied to it.

At times, fate has seemed all too unkind to the defendant; at times the State has seemed unduly stooped from proceeding as it thought it had a right to proceed.

Undoubtedly things have been said and done by both sides to the Frank trial that, as strict matters of law and justice, never should have been said or done.

Frank has had to answer not to the charge of murder alone as the indictment contemplated he should but to two charges.

The one means an ignoble death if sustained; the other means a worse than ignoble life thereafter in the penitentiary.

In a measure, too, the charge of murder has been swallowed up and obscured by the other monstrous thing and yet one can hardly see wherein the defense may complain of that, in that the second charge got into the record with the consent of the defense, if not almost by its invitation.

Scales Held With Even Hand.

Judge Roan and in this, at least I think the public is agreed, has tried his level best to hold the balances even. If there be error in his rulings, they have been errors of the head and not of the heart, I take it. And, error or no, he has maintained an impartial average of judicial favor, so to speak, and he will come through unsullied and uncriticized.

What effect upon the jury the evidence will have is highly speculative and problematical.

If the jury were not composed of human beings and could confine itself to those things alone. It has ben legally held to the pathway to acquittal of Frank might seem brighter.

But the trial been so long drawn out, so full of perplexing detail, so worrying and fretting to simple analysis, so mixed as to issues, and so disconcerting in sequence of testimony, that one is at a loss to imagine just what the jury MUST think of it all now.

In its strict legal aspect, the case against Leo Frank, while fully well held together and set forth by the solicitor General, still is not such a case as would prompt one to predict sure conviction.

Neither, however, has the defense been of a nature warranting a prediction of sure acquittal.

If the technically legal case could be differentiated in the mind of the jury from the psychological case if the pleadings could be confined strictly to the primary issue, murder, and not in any manner confused with the other unmentionable issue brought into the case the probably finding of the jury would be easier to anticipate and forecast.

If Frank might have been tried for murder, pure and simple, NOW, and LATER tried for the other thing, the problem of the jury might, and doubtless would, be simplified immensely.

But to expect the jury to separate tin its mind entirely the two things Frank is answering for is almost to expect of it the impossible the superhuman!

Jury but a Part of the Public.

It has been seemingly impossible for the public to do that and, after all is said and done, the jury is but a portion of the public, made more careful in forming its opinions, to be sure, by the sole solemn oath it has taken, but merely a portion of the great public nevertheless!

The big card played against Frank was the negro sweeper, Conley.

Upon the astonishing story turns the State's entire case, from every point of view.

Conley it was who first pointed the direct finger of accusation toward Frank and fixed upon him the awful charge of murder, and Conley it was who first spoke the word of unspeakable scandal that has made Frank's road to acquittal a thousand times hard to journey.

Pitted against Conley is Frank, almost and pathetically alone!

He made a remarkable statement it carried with it every indication, so far as the surface of things seemed to show, of truth and straight forwardness.If it shall so fall out that he be acquitted, that statement must and will be credited with a tremendous share of the responsibility thereof.

It has behind it, too, some things that the Conley statement has not among other things, a long record of respectability, integrity and business standing, vouched for by an abundance of very high class evidence as to Frank's character.

And yet it was not delivered on oath, and it certainly carried a load of self interest.

Undoubtedly much has crept into the case, or been lugged in, that is irrelevant, but well, it is in, and that is the end of it, perhaps!

If Frank is convicted there will be grounds innumerable for asking new trial; and if that is refused, there will be an abundant assignment of error whereby a reversal possibly may be had later and a new trial ordered.

Frank, however, has staked his all and everything on acquittal to be denied that is to be denied the hope of all hopes that sustain him today!

And so, after the evidence is all in, and the public at least is face to face with the forthcoming verdict after four months of nerve-racking suspense, swung this way and that, and never knowing exactly what to think there is but one thing human beings of normal minds and pose can do today.

They must await the verdict with minds prepared to accept it as the truth the very best human ingenuity and the forms of law can establish by way of justice and right.

Either an acquittal or a conviction the one final, and the other a matter to be reviewed would be the finish of this trial most satisfactory to the public.

All that any man SHOULD desire all indeed, that any honest man CAN desire is that the truth be recorded in the Frank case. In the light of reason, common sense and justice, as man is given the light to see!

Both the defendant and the State have much at stake the one has his life and his liberty, the other has the majesty of the law, which is the protection of the lives and liberties for all.

It is easy to find fault, to say that a mistake was made here and there; that sins of commission and sins of omission marked the progress of the trial from both sides.

But that and none of that, gets us away from the fact that the trial has been as fair and square as might have been expected and whatever the verdict, no man will have the right to say that undue favor has been shown.

The verdict of the jury "twelve good men and true" that the public should be, prepared to accept loyally, and sincerely, as the TRUTH of the Phagan murder, in so far as Leo Frank is concerned therein.

PAGE 9

ARNOLD FLAYS CONLEY LINK BY LINK, FRANK DEFENDER HEWS AWAY AT STATE'S THEORIES

In a cold, cutting arraignment of the methods used to build up a case against Leo M. Frank, accused of the murder of Mary Phagan, Reuben Arnold, of the accused man's defense, Thursday afternoon unsparingly flayed Jim Conley as a perjurer and willing tool in the hands of men determined to convict an innocent man.

Arnold's attack minced no words. It bristles with scathing denunciation and bitter ridicule. Its impassioned appeal was interspersed with sardonic humor that made a hostile court room laugh. But its humor was only in flashes. Otherwise it fairly rang with accusation and denunciation.

Arnold charged that the state had deliberately perverted innocent action into a circumstance pointing to guilt. Link by link, he hewed away at the prosecution's chain.

He ridiculed the theory of a premeditated attack, declaring that none but God could have known that Mary Phagan was to call for her pay on Saturday a holiday. He said the State's attempt to prove premeditation was but an instance of its many "wild guesses."

From time to time, Arnold centered his attack on Conley. He said that they had never heard of a witness who was so thoroughly convicted of lying being put forward as one to be believed.

Arnold finished his address at 5:50 o'clock.

His address followed a scathing arraignment of Frank by Frank A. Hooper, who opened the argument for the State and demanded the conviction of the defendant on the plea that the evidence presented left no other conclusion than of Frank's guilt.

Charges Efforts To Make Time Agree.

Directing his remarks as much to the counsel for the State as to the twelve men in the jury box, Arnold charged that in order to place Frank's life in jeopardy, Solicitor Dorsey and his colleague, Hooper, had gone to the extreme length of assuming on the one hand that the street car on which Mary Phagan came to town was several minutes ahead of time and on the other that the clock at the factory was five or ten minutes behind time.

They had established by their own witness, George Epps, he said, that Mary arrived in town at 12:07 o'clock and then forthwith had started out to destroy Epps' testimony and arouse the assumption that she got in town at 12:02 or 12:03.

Arnold was only well started on his address when recess came at 12:30. He began a review of all the circumstances preceding and following the crime as soon as court opened in the afternoon.

Through all the day Frank's mother and wife sat by him. The younger Mrs. Frank sat much of the time with her arm linked with that of her husband. Very little change in the appearance of the three persons was observable. Frank smiled slightly when Hooper satirically was describing Frank's actions at the Selig home Saturday night when he is said to have interrupted a card game which was in progress by the relation of a funny story he had read in a magazine.

Hooper Emphasizes Gantt's Trip to Factory.

Mr. Hooper emphasized various features of the State's case that had not been clearly brought out before, dwelling particularly on the incident of J. M. Gantt's visit to the factory on the afternoon of the tragedy and how Frank had at first refused to let him enter, and how the accused man had called up Newt Lee, the watchman, later, fearful, said Hooper, that Gantt had discovered something.

After Hooper had finished his argument he began presenting authorities to the judge to guide him in making his charge to the jury. He declared that the jury should not be charged that direct evidence was superior to circumstantial evidence.

Before Thursday's session began Frank had expressed himself as entirely confident of the outcome.

"I am certain that I will be acquitted and set right before the world," he said. "It has been a terrible ordeal, but I await the outcome with the utmost confidence."

"May it please your honor and gentlemen of the jury," began Mr. Hooper, "the object of this trial, as of all other cases, is the ascertaining of truth and attainment of justice. I want to distinctly impress upon you the correctness of our position. We want it distinctly understood that burden of proving him guilty is on our shoulders. We recognize that this has got to be done beyond a reasonable doubt, and from the evidence. We cheerfully assume this burden."

"There is not one connected with the prosecution who would see a hair of the head of this man injured wrongfully."

"We want him to have the rights and protection of the law just as any other citizen. He is entitled to the

PAGE 10

FRANK CALM AS HOOPER ARGUES TO SEND HIM TO THE GALLOWS

Stoically and Unblinkingly He Listens to Scathing Arraignment of State

ACCUSED ATTEMPTED TO SACRIFICE TWO NEGROES AND GANTT, STATE SAYS

Continued From Page 1.

protection of the law just as any other citizen.

"But another thing: He is not entitled to any more. He is not, on account of his high position and wealthy connections, entitled to any more than any other defendant. The strong arm of the law is strong enough to reach to the highest places and do justice there."

"It is strong enough to reach down into the gutter and regulate the lives of the lowliest. I am not going to undertake to go over all the facts in this case."

Believes Firmly

In Frank's Guilt.

"I congratulate you, gentleman of the jury, that the case is nearing an end. I have felt sympathy for you, because you not only have worked hard, but you have been deprived of your liberty and the enjoyment of your homes. In one sense of the word, you have been in jail."

"There has never been a criminal case in Georgia that has been so long. There has been no trial so important or the result of which will be so far reaching, and that only makes the responsibility on you the greater."

"There is one other thing that I want to say to you before I go into the facts of the case. This man ought not to be convicted simply because someone has to be, nor because of the law that demands an eye for an eye and a life for a life. We think the evidence shows him to be guilty beyond any reasonable doubt."

"In taking up this evidence I am considering you deeply, I am considering the strain you have been under. I am thinking deeply; in fact, I am trying to make myself as one of you twelve men, and in attempting to bring this to a conclusion I am striving to get at the truth."

"Let's see what the situation was on Memorial Day, Saturday April 26. Here is this great big pencil factory, which was being run by a number of men with this defendant in charge. Let us consider the conditions that existed there and, gentlemen. I must say that I am not proud of these conditions.

Witnesses Incensed

By Factory Conditions.

"But to get to the real facts of this case; to come to a full realization of just how things occurred, we must understand the conditions that existed here absolutely before we can proceed with this case. The character of this place was one to make us think deeply. The evidence which has been laid before you here has been of the kind to make one doubly serious. Take the defendant. Between 25 and 40 girls have come before you and said that his character was good."

"They spoke in the highest terms of him. That must be considered. But on this charge this is negative evidence. But also consider that we have brought before you girl after girl who told of his character being bad; who told of the immoral conditions that existed in this great pencil factory, and, gentlemen of the jury, most of these girls had quit working at that factory from two years to three weeks before the time of this trial."

"Every one of them said his character was bad. Did you notice the emphasis with which they said it was bad? And did you notice that they would have told more if they could have been allowed to? Did you notice how highly incensed they felt toward the immoral conditions which existed at this factory?"

"You have those who are still there who will say that his character is good, but you have those who have left who invariably say his character is bad. We put them on notice from the very first that we were willing to enter fully into his character. We could furnish particular information in regard to this, but we have been prevented."

"We have asked their own witnesses and our own; we have asked them, "Did you ever hear of this incident?" and Did you ever hear of that incident?' We brought these particular girls before you, and asked them in regards to Frank's character. They said it was bad. We turned them over to the defense, and they failed to question them in regard to any of the incidents to which we have referred."

Colonel Arnold interrupted at this point, protesting to Judge Roan that he considered Mr. Hooper was making an improper argument in saying that the State could not go into the particular evidence and intimating that it was an incriminating circumstance that the defense did not take advantage of its privilege and question the State's witnesses in regard to the particular incidents. Judge Roan sustained Hooper, saying that it was his only legal recourse. Hooper continued:

"If out of 100 men, 90 of them say that a certain person's character is good, but ten of them say, Beware of that man; he is a bad man,' would you say that you had a man of good character?"

Says Girls' Morals

Were in Hands of Men.

"It is almost impossible to magnify the temptation in the National Pencil Factory to a man without conscience and filled with lust. These girls in the factory were entirely dependent upon the attitude assumed by the men who were superior to them. This defendant, assisted by the noble Darley and the handsome young Schiff, practically had these girls' morals in his hands. The girls were absolutely dependent upon his rule."

"We find that the defendant connected himself up with a man whose character is good enough at present, but who admittedly was leading an immoral life at that time. What can we say when a man whose daily associates are bankers and prominent business men shall associate himself in his leisure hours with a man of the character of C. B. Dalton?"

"I expect most all of you have read that little story, "Dr. Jekyll and Mr. Hyde." We are all dual characters; none is so good but that there is some evil; none so bad but that there is some good. It is when the evil predominates that we have a bad man. The bad is good when with his own class. When the shades of night have fallen, and he seeks associates of his baser passions, then it is that we get a glimpse into his other nature. So it is with this defendant."

"He didn't seek out the bankers and people of his regular sphere when his baser passions came on. He looked for an associate in a man like Dalton. Dalton has had a number of men to get up here and say they would believe him. They are men who have worked side by side with him. Of course, he is a fellow of a lower class, but it has been show to you that he is a good fellow of his class, congenial to that environment."

"Then there are other facts to support this idea. This defendant claimed to you he did not know Mary Phagan. Yet the evidence showed that he passed back and forth by her every day. We find he did know her. Witnesses declared he stopped to speak to her and show her how to do her work. He told her HE was the superintendent of the factory. He pursued her out of the beaten path. This little girl, sent there by her parents to be under his protection, was in his eye, the eye of lust. He was laying a foundation for his object."

Conley, Too Ignorant to

Lie, Stuck to Truth.

"Let's turn back to the first evidence of this, the first interest of this man who never knew Mary Phagan. He said to Gantt, a man reared in the same community, several weeks before the tragedy, 'You are pretty thick with Mary Phagan?' He had her in his mind. Next we see him getting Gantt removed, and it was just after he had remarked what a good office force he had. The first opportunity was about one dollar. He sought to give you the impression of dishonest. He would attack this man whom he wouldn't let go into his factory unless accompanied by a negro. Shame upon him!"

"Thus he got rid of Gantt, and began to lay his plans."

"You remember that the defense pitted its case against Conley. I haven't said anything about him yet, but he comes in right here. He was to them like a stone mountain. They must break him down, or they are lost. They must break him down, and you have seen here the greatest fight between my herculean friend Rosser on the one side, and that poor, ignorant negro on the other, and you have seen the result. It was brains against ignorance; strength against weakness and after three and one-half days you saw Conley unshaken. His evidence was written as fast as he talked and my friend here, Rosser, carried him back over the same ground again and again, but they could not break him down, because it was the truth. It continued to pour like the waters through a mill race, because that negro didn't have sense enough to lie. He was telling for the first time the real story of what actually happened that fatal day."

"Why didn't Mr. Rosser break Jim Conley down? It was because, after all the lies the negro had told, he was telling the truth, and the truth is stronger than either of these two gentlemen. And it was the truth, gentlemen of the jury, that held Jim

ATTORNEY F. A. HOOPER ARGUING BEFORE JURY

Characteristic attitude of Dorsey'saide in action.

Attorney F. A. Hooper, who opened the Frank trial argument for the State.

Conley unbroken on the stand for three days. And the truth is greater than all. Yes, even after my herculean friend had worn himself out in a three days' effort to break the negro, he tried to put it off on his brother, Mr. Arnold. But the law protects a man, and would not allow this. They will tell you that Jim Conley is a powerful liar and he is. But take each of his affidavits. Each one of them gave a little more of the truth, and on Mr. Rosser's long cross-examination he brought out more of the truth."

"The option I expressed at the time was that if the defense continued to bore into Conley they might bring out even more of the truth. What they brought out did Frank no good. They beat upon him mentally but he remained unshaken."

"This defendant is a smart man. It was a remarkable statement that he made upon the stand to you, but he didn't need to get on the stand here and talk to you for more than two and a half hours. He went into each detail, going from one thing to the other, and putting it on one man and then the other."

"But let us go back to Jim Conley, the Jim Conley they could not shake, because he was telling the truth. He tells you he had done that often before. He told you that he saw other people come there; that he saw men and women meet there; and, gentlemen, there are other people who corroborate Jim Conley; who said they saw men and women come to this pencil factory and meet the defendant there."

Says Affidavits Fit Exactly

With Negro's Narrative.

"The next morning Frank was there to see him; the next morning Jim was there. Do you know, gentlemen, that Providence sometimes will divulge the truth at the very last minute? At the last minute yesterday two men came up here and said that they saw Jim Conley there. Mrs. Arthur White said she saw someone resembling Jim, but she was not certain. So Jim was telling a story that a good many people were disbelieving, but here came two men who said they saw him there, or a negro very much like him, who directed them to the office at the right of the stairs. As Mrs. White came downstairs she aw a negro sitting exactly where Jim Conley in his affidavits said he was. They made their affidavits at different places, but they fitted in exactly."

"Why was he there? For what was he sitting there hour after hour. He was sitting there to do as he had done many times before to watch at the direction of Frank. One thing they have said is that he was drunk. I suppose he did drink a few beers that morning, but have you noticed that he told of everyone that went up there that morning, and in the order in which they went up. He could have said that he saw Mrs. White, but he admitted that he was napping about this time. Now we come to the time of the tragedy. Jim was still there."

"But about this little Mary Phagan. A little girl who asked for Mary's money had been refused the night before. They told her that Mary would have to come after it herself. This was a violation of the general rule at the office. Even Schiff told you, I think, that they gave out the envelopes to other persons if they knew them well enough. Frank told Jim on Friday night to come back the next morning, but he didn't have any work for him to do. All he wanted of him was to watch at the door as he had done before. He wanted him to watch while girls came up to the office to chat with him. You will notice something peculiar about that word chat.' It is a word I never have heard before, but you will notice that there are two persons that use it. One of them is Frank and the other is Conley."

"He tells Jim he wants to have chat with that girl that day. Jim, you just make yourself convenient; wait around.' Jim comes and waits. He makes himself easy there in the hall. He takes a nap. People come and go. Then Mary Phagan comes the beautiful little Mary. She must have been a beautiful little girl. I guess you all remember her pictures, with her curly hair and bright eyes, and trim figure."

"She came with a little boy. They must have been sweethearts. She had an engagement with him. She wanted to go to the factory first for her little $1.20. She went, tripping along, a happy child. From that dreadful hour not one thing was heard from her. But we know what a horrible catastrophe she met as she went, so innocently, for her little $1.20."

"Frank was there. How do we know it? From his own statement. And he had to change it when he came upon the stand. A live human being, a young girl, came here and said he was not there when she went to his office. Frank did not see her. She waited five minutes. He was not in. I am not going into the details of the time. Mr. Dorsey will do that in his conclusion. What I want to impress upon you is that Frank stated here from this stand he might have gone out of his office for a moment. It was the first time such an admission was intimated. But there was the sworn statement of Monteen Stover to combat him."

"It had to be got around. You don't have to depend altogether on Jim Conley's story. Monteen Stover went to his office after Mary Phagan, and he was not here."

Rosser Interrupts to

Enter and Objection.

"In the meantime another little girl was waiting in his office Monteen Stover and Conley was waiting for the signal downstairs. Frank followed that little girl back there, and I want to be perfectly frank and say I do not think he had murder in his heart when he did, but the pent-up passions of weeks gained control and he could not stop. That scream that was poorly described here by this poor, ignorant, negro I wish you could have heard it; that scream that sounded like a ripple of laughter that ended when she realized his hellish purpose; the scream that ended when her life began to ebb."

Rosser interrupted Attorney Hooper to say that there was no evidence about laughter. Hooper replied: "All right; I was mistaken."

"The scream," Hooper continued, "and then those fast running footsteps. That was Frank coming to get the cord that strangled the child. Then he gave the signal for the negro to lock the door and come up, and Conley found him nervous and shaking, fresh from that harrowing scene on the rear of the floor on which his office was located."

"Now, gentlemen, we have this man Frank this man of high standing and character either committed this crime or that he was back in his office in plain hearing of any scream or any running of the elevator or the hearing of people going up and down the stairs, attending to his duties in his office, preparing that wonderful statement we have heard so much about."

Finds Mute Accuser

In Factory Diagram.

"By this diagram I will show you that he was bound to have known of the commission of this crime, even if he hadn't committed it, but listened to that brute negro attack that little girl."

"I want to show you that even if he was where he said he was, and where Monteen Stover said he was not, that this crime could not have been committed without his knowledge."

"I want to show you that he could see from his desk to a point by the clock. I don't want to give any testimony, for if I did I could show that he saw more than that, but by this diagram and it is a face I will show that his line of vision sitting at his desk would bring him to the clocks."

"Frank doesn't sit back in his chair. He sits away forward, and when he is at work he is the hardest working man you ever saw. And, gentlemen, he could see into the space beyond his office."

"Little Mary Phagan was killed back there in the metal room back there where our friends say they could see not find any blood spots, but where we have shown there were spots of blood. And, gentlemen of the jury, if Frank did not commit this crime, he sat supinely there at his desk and let that brute negro kill her; let that negro bring her up the passageway, bring her up to the elevator and take her down that elevator, which, when running, shook the whole building, which the negro said he could hear downstairs; which witness after witness has told you could be heard over the entire building, and which Frank could not have helped but hear."

"Frank's First Word

Betrayed His Guilt."

"Mr. Frank, I will give you the benefit of every doubt, but according to your own statements as to the time which has been shown conclusively that the girl was killed, you were right there; you sat right there, and you never moved."

"Now, to bring Jim Conley back into it; Gentlemen of the jury, isn't it an evident fact haven't you been shown conclusively, that either Frank or Conley killed little Mary Phagan? Or that Frank killed her by himself, as Conley says? Or that Frank sat supinely at his desk and let this negro Conley kill her, and yet he made no move?"

"As soon as the murder was consummated, there was something upstairs that had to be attended to. There were two men upstairs and a woman. Frank was anxious that they be let out of the factory. He went upstairs and told them that if they were going to go, now was the time."

"Mrs. Arthur White left. Arthur White and Harry Denham stayed. Frank told Mrs. White that he was going to put on his coat and hurry away. But this man, who was in such a hurry, still was without his coat when she got down to the office floor. Frank went into his office, washing his hands in that imaginary water. They say that this was his habit, and that we must not assume anything from it."

"The first words that he uttered when he got inside the office, he opened the doors to his guilt that all might look in. Frank said: Why should I hang,' adding that he had wealthy people in Brooklyn."

"What was the estimate that he put on the life of a young girl? Didn't it hurt him to wind the rope about her neck until it had "sunk deeply into the tender flesh? I can't conceive how being with the instincts of humanity could have twisted the rope about the neck of that pretty little girl. But he said: Why should I be punished for doing such a little thing as taking the life of this little girl? I have rich relatives in Brooklyn.' They will say he never uttered these words. He has denied them on the stand. But did Jim know that he came from Brooklyn? Did Jim know that he had rich relatives in Brooklyn? Did Jim know that he reckoned a human life in dollars and cents?"

"No; those words came from the bottom of this man's heart."

"From the African temperament of Jim Conley came the next remark. What's going to become of me?' he asked. Oh, I'll take care of you, Jim; you have been a good negro. I will write my mother in Brooklyn.'"

"This is that old mother who has stayed here in the courtroom so faithfully through all this trial. I can not understand how she has had the bravery to do it."

At this point Attorney Rosser objected on the ground that the speaker was quoting from the affidavits that Conley first made and not those that he told on the stand.

"You will find that they are all about the same," said Hooper.

"Frank says: Jim, can you write?' Jim says: Yes, I can write a little bit.'

Says Frank Lost Head

In Fixing the Notes

"Why did he ask Jim that question? Jim had furnished reports on those boxes. He knew what Jim could do."

"Jim was trustful; he wasn't on his guard like hew as when confronted by the terrible Mr. Rosser. He had faith in his boss, and how false was his boss? As false as he was to the little girl. As false as he was to poor old Newt Lee when that bloody shirt was planted."

"You all, I presume are Southern men, or have lived long enough in the South to become familiar with the traits of the negro. Can you tell me that you could imagine a negro on his own initiative writing such notes as were found beside that body."

"They charge the crime to a negro a negro who could hardly write. Would a negro who stood before the grilling of Luther Rosser for three days, and came out victor, be fool enough to do that!"

"The truth of the matter the fixing of those notes seems to be the only time that Frank lost his head. He might have known the police would go back of that."

"Then we come to the money in the case: I don't think Frank had any $200 in his office when he was talking to Conley, but dollar bills would look mighty big. He handed the reward to Conley. Then he thought: You are as deep in the mud as I am in the mud as I am in the mire.' Aloud he said: Let me see that money, Jim:\ and he sticks it back into his pocket as if to say: If everything comes out all right. I will give it back to you.'

Tells How He Arranged

To Dispose of the Body.

"False again to the poor negro who had carried out his hellish purpose, he compromises with a cigarette box containing about $1.60."

"Perhaps there was another idea in his head; there was the mute and mutilated evidence of the crime in the basement. That must be destroyed. This money would be a reward to get that removed."

"Then we come back to that original proposition that the body was carried down the elevator shaft by Frank and Conley. But there is the part of burning the body. A man who had committed the crime would not hesitate to burn it. He knew that there was no man to come back there that day except Newt Lee."

"I don't care anything about what time Frank got home or what he did there; he got back to the factory at 3 o'clock, where he had an engagement with Conley to dispose of the body, and he knew that Newt Lee was going to get there at 4 o'clock."

"Conley overslept himself and Lee came first; Frank said: You go away, Newt,' then to himself he said: And give me two more hours to get rid of that body.'"

"But Conley never came back, and Newt Lee did. He had to let him in, and he knew then that he was lost."

"When Frank saw Gantt in front of the factory door, did he start back against and say, There is that blood-thirsty that was $1 short?' Not he said, "There is Gantt; he was Mary Phagan's friend. He lived near her and her family has sent him to find her."

"But Gantt would not harm a flea. He reassured Frank by telling him he had come to set a pair of shoes he had left in the factory. But Frank didn't want him in there, and told him the shoes had been swept out."

Charges Frank

Lied to Gantt.

"Gantt told him there was another pair, and, gentle off the jury, Frank had to let him in, and he went in and found not one pair of shoes, but both pairs."

"Did Frank tell him a lie to keep him out of the factory, or did he really think the shoes had been swept out? He told a lie, and he was so afraid Gantt would find something that he sent him in under guard."

"And, gentlemen of the jury, as he stood at that entrance in the presence of Gantt the thought was going through his head, It is going to be known in a day that Mary is gone. Lord knows I don't want to let you in here, but I have got to let you in, but I will guard you. Come on in, but you go with him, Newt,' and, gentle-men of the jury, notice this:

"The striking thing about it the singular fact is that Gantt found both pairs of shoes, showing, gentlemen of the jury, that Frank had never seen the negro sweeping them out."

"Did he lie about this, gentlemen? And after he had left the pencil factory, trembling and with a burden upon him, what did he do that night? He did something he had never done before. He called up Newt Lee over the telephone, and when he could not get him the first time, he called again and asked if that long-legged Gantt was there."

"And when he found that Gantt had left and had discovered nothing, what burden rolled from him! No wonder he looked light-hearted. No wonder that he could read baseball stories and jokes. No wonder that his family could say that he had nothing on his mind."

"Another Thing on His

Mind That Night."

"But yet he had another thing on his mind before the night had gone. During the early hours his telephone rang, but he did not answer it. Honest old Newt Lee notified the police and tried to notify him."

"But Frank did not answer. He says he heard the telephone but faintly, or he imagined he heard it."

"But the police heard the call, and they went down into that basement

Continued on Page 3, Column 1.

PAGE 11

ARNOLD CALLS CASE GREATEST FRAME-UPS'

Frank Prosecuted Because He Is a Jew,' He Says to Jury

Continued From Page 2.

and found something. They found the body of little Mary Phagan cruelly murdered, the cold body lying on the ground where it had been left for Jim Conley to burn."

"Jim had taken his nap, though, and had not come back. The policemen took the body to the undertaking establishment, and at daybreak they started to get up Frank again. And when they got him he was anxious to know if there had been a fire."

"And, gentlemen, aside from the conversation that took place, every officer and every man who was with him that morning will tell you that he was nervous; that he was shaking like a leaf; that he rubbed his hands and was completely filled with nervousness."

"But, gentlemen, he is a wonderful man. Though he stood there and quivered that Sunday morning, not a one of you can say can say that during this trial you have seen him quiver once. He is as calm and cool as any man in the courthouse, to all intents and purposes."

"But the morning after the crime he was as weak as a cat. He was a nervous; he was trembling like a leaf. The people in the automobile on the way to the undertaking establishment felt him tremble."

Holds Up Time

Slip to Jury.

"What was his conduct when he got down there to the morgue? He did not look on his victim, on whom he had lustful eyes for weeks. He fled; he could not pay the proper respect to a dead body. He went behind a curtain, a place where he had no business to go. He rushed out and waited for the rest."

"Did he identify her? No; he said he thought it was the girl he had paid off the day before. He had to go back to the records; he had to look up and see what her name was. Still he had seen her every day as he passed the machine where she worked."

"It was the same girl he called Mary; it was the same girl he tried to engage in conversation; it was the same girl on whose shoulder he placed his hand."

"What did he do with the time slip that was put in the night before? He said, after looking at it, that it was properly punched. Others looking over his shoulder agreed to it. Darley himself agreed to the error."

At this point Attorney Hooper produced the time slip which he held up before the jury.

"There weren't any marks on it then," he continued, "Frank said it was perfect. He told the night watchman: I know you didn't do it, Newt.' But he found that he was getting himself in trouble."

Bloody Shirt

Also Exhibited.

"He asked himself why he had said anything about the slip until he had had time to fix it up."

"The next day comes Holloway, his right-hand man, saying that he had the slip and that it had two misses on it. Frank made some remarks about Newt Lee."

"John Black, suspecting that the negro might know something about the crime, went out to Newt Lee's house and in a trash barrel he found this."

The bloody shirt was held up by Hooper before the jury.

"Somebody had to plant a shirt out at Newt Lee's. Somebody did plant a shirt out at Newt Lee's."

"Did you notice how minutely Frank described his movements all day Sunday and all Sunday night? That struck me as very suspicious."

"Newt Lee said: If that is a machine-made shirt it is not mine, and if it is a home-made shirt, it is mine." And behold! It was a home-made shirt.'"

"These remarkable discoveries were made when the shirt was found. You will find that the blood is on both sides of the shirt. And not in corresponding places."

"There is only one explanation it was used to wipe up a pool of blood. It did not have the distinctive negro odor; it had not been washed. The button holes and not been opened up since it came from the laundry."

"Willing and Anxious

To Sacrifice Negro."

"Remember please that that morning this defendant had brought up a time slip with skips showing that newt Lee had not made all the punches. Gentlemen, he was willing and anxious to have that negro's life sacrificed to save himself."

"The Bible says: What will a man not give for his life?' He was willing to give up Gantt, but never one word did he say against Conley. Conley was his friend and associate. That poor negro got arrested for washing a shirt to go to Frank's trial."

"Frank never accused him until the Newt Lee scheme and the other schemes had fallen through. As a last resort the defense was thrown his whole attack on Conley."

"There is one other thing I want to mention that big stick and the little piece of paper found by the shrewd, smart Pinkerton detectives who can find anything, even an elephant, on a floor. These were found after numerous searches, weeks after the murder."

"Unfortunately, they showed the slip of paper to Mr. and Mrs. Coleman, but there was a figure 5' on this piece of paper, purporting to be a part of Mary Phagan's pay envelope."

"When they came on the stand with that evidence, the figure 5' had been conveniently removed. It fitted the amount Mary Phagan drew that week."

"Doctors say the word on Mary Phagan's head could not have been made with a stick like they exhibited. No scientific tests for blood were made on it. Yet the defense introduced it as the possible weapon that caused her death."

"Where is Mincey?"

Hooper Asks.

"An inquiry has been made about a man named Mincey. Conley went on the stand and was asked if he did not make certain statements to Mincey about killing a girl. The only purpose of these questions was to introduce Mincey to clear up this whole affair."

"My recollection was he was brought into the courtroom and sworn with the other witnesses."

Rosser: "You are mistaken."

Hooper: "I may be, but where is Mincey? It looked like the whoel fight was to be about him. Frank was to be cleared, Conley convicted. But there has not been one word from him."

"Gentlemen, I am not going to take up any more of your time. I wanted to open up the case fairly and squarely to show you and the defense your positions on these various points."

Hooper concluded. Then Judge Roan asked Solicitor Dorsey to cite the authorities upon which he expected the court to base its charge to the jury.

Solicitor Dorsey requested Mr. Hooper to do it for him.

The jury retired for a short recess and Dorsey sent his deputies out for a number of court decisions.

"Use Common Sense,"

Hooper Tells Jury.

After the jury returned to the box, Hooper read from a great many au-

DAUGHTER OF JUROR WAITING TO SEE PAPA'

Margaret

Louise Wisbey,

whose father

Is on the Frank

Trial Jury.

thorities on the question of a reasonable doubt and the quality of circumstantial evidence.

"I have heard men say that they thought one thing but when they were on a jury they had to decide another way," said Hooper. "That being on a jury made a whole lot of difference, but it was never intended that such should be the case."

"If you gentlemen believe beyond a reasonable doubt, that is the way you should decide. You should decide this case as you would in your own home. You are supposed to use your common sense in arriving at a conclusion in this case, for the law is supposed to be common sense in its highest form."

"The absolute certainty is not obtainable. The most that can be obtained is the moral certainty, which has been described as being an absolute certainty."

"It is unfair for a jury to be charged that direct evidence is superior to circumstantial evidence. And it is against the law to charge a jury that circumstantial evidence is inferior to direct."

"Citing other authorities, Hooper said: "If the facts of the case point unerringly to the guilt of this defendant, then to all intents and purposes his guilt is as certain as though the evidence was direct."

"The proof of good character," Hooper continued, "will not hinder a conviction if the evidence against the defendant is sufficient. Even though the proof of good character is not attacked, as it was in this cage, the evidence in the case is enough to overbalance the character testimony."

"An alibi must exclude the possibility of the presence of the defendant at the place and the time the crime was committed."

"You are not to be governed by any opinion that counsel may express, but by the evidence presented."

"If a party is apprised of the evidence against him and does not explain or controvert it, the strongest presumption is that it is true."

Arnold Opens Argument

Charging Persecution

When Attorney Arnold arose to speak he asked for the paper model of the pencil factory. The model was brought in and placed before the jury stand.

"Gentlemen of the jury," Arnold began, "we are to be congratulated that this case is drawing to a close. We have all suffered at trying a case requiring so much effort, time and concentration is such hot weather. We have suffered for lack of adequate quarters, and from the noises from the street."

"A man's physical surrounding has a good deal to do with how he can do work. I never could do good work when I was uncomfortable. And it has been especially hard for you jurymen, shut off as you are, but that has always been so. You are set upon a hill, as it were, where the sound of the multitude does not reach you away from the ugly things men do and think and feel."

"The jury system has been in use a long time. It is now in use in all of the countries of Europe adopted from the English system. In the old days trained judges tried cases; they heard all the facts and were supposed to be able to tell when a man was telling the truth and when he was not, and from the viewpoint of an expert

Continued on Page 5, Column 3.

PAGE 12

MAN WHO WROTE NOTES KILLED MARY PHAGAN,' SAYS ARNOLD

Recalls Dreyfus Case to Show Mistakes of Circumstantial Convictions

PRINCE OF PERJURERS' IS EPITHET APPLIED TO CONLEY BY ATTORNEY

Continued from Page 3.

determine his guilt or his innocence. The jury system case as a result of a desire to popularize the courts; to let the people flow through the courts.

"God Grant We Get

Away From the Street."

"Inexperienced, as they are, it was decided that juries were capable of deciding questions of fact. Of course the judge still decides all legal points."

"My friend Hooper, in reading his authority just now, used a funny expression. He said your position is no different from any man's who wants to learn from any man's who wants to learn the facts; from any man on the street."

Hooper objected. "Your honor," he said, "I don't want the speaker to misrepresent my meaning."

Arnold: "You said street. God grant that we get away from the street when we come into court. What is the use of having any court if we don't get away from the street? There it is the man who has the most friends who wins. Courts are to protect a man from the street."

"Gentlemen, sometimes the very horror of a crime does a man a grave. Time rights it all, of course, but at the present blush of a horror friends can't judge fairly."

"The crime in this case is an awful crime. It was committed by a friend a brute. But no matter how terrible, no fair-minded man would refuse to give a man accused of it a fair trial."

"But well-balanced men don't say just because he is charged with the crime by Detective Starnes and Solicitor Dorsey. We will hang him.' Thinking men weigh the facts.

"Kenley Sample of

Lying Blowhards."

"I remember a cake when Charley Hill was Solicitor, he asked a prospective juror the formal question, and when he came to that part where the Solicitor General said: Juror, look on prisoner; prisoner, look on juror,' that old fellow got up and looked him over and said: Judge, he's guilty.' That is the way with public sentiment in this case."

"There has been so much lying and rascality as I will show you that I won't add to it. That fellow Kenly is a fair example. He is a man that any honest man ought to be ashamed to say one knows. His mouth is set like a catfish. He is the type of lying blowhards that constitutes the so-called public sentiment. He is the man who said they hanged two negroes at Decatur because they had to have somebody, and he is the man who said, Hang this Jew for the murder of that poor little girl whether he is innocent or guilty.'

"I had rather be in Leo Frank's shoes today than Kenley's."

"Gentlemen of the jury, there are people who say that Frank is a remarkable man; that he is a man of wonderful courage; that he has gone through this trial in a manner most remarkable for a man of his physical build and temperament."

"Gentlemen, he has inherited through 2,000 years of persecution. Behind him there is a long line of ancestors who for centuries have been abused, and I hope the day will come when a man will get justice, will be accorded fair treatment, be he Jew or Gentile, or white or black."

"He has endured persecution, and his family has endured it. The Jews have been thrifty, and envy has been the result. If Leo M. Frank had not been a Jew there would not have been any prosecution of him on this despicable charge. The miserable, lying negro, Jim Conley, was brought in to tell his miserable, lying story, to recite, parrot-like, the story in which he had been so well drilled."

"I am asking my own people and my own kind of people to do Frank justice. I am not a Jew, but I would rather my throat would be cut than do one an injustice of this sort."

"They have got their miserable perjurer, Conley, to come up here and swear Frank's life away. They have had him swear against a man who never had a word said against him before."

"Of course, after a crime, you always find persons who say that they knew the defendant's character was bad. But you don't make a murderer in a single day."

"I am going to compare the witnesses that were used by the defense with those that were used by the prosecution. They brought up the dregs of humanity to testify against this man. They brought up jailbirds and convicts to hang this man. They spouted hot and cold. They hurried the schedule of a street car. They slowed down the time clock at the factory. They got the detectives to say that Frank was nervous. They got his mother-in-law to say that he was soulless he didn't open his mouth."

"Built Up Case,

Then Tore It Down."

"They got little George Epps to testify that Mary Phagan got into town at 12:07. Then they began to tear their own testimony down. I am going to strip the case of some of the falsities and the warpings of the evidence, if God Almighty gives me strength. I don't know that He will, for I am nearly worn out."

"There have been a great many thins brought into this case which should not have been brought int. The defendant must be proved guilty of the murder of Mary Phagan. Every other reasonable hypothesis must be eliminated."

"You must liberate Frank, otherwise. The law says you must. If you think that it is as reasonable to believe that Jim Conley committed the crime, then you must turn Frank loose."

"Our friends, the detectives and police, were hard put to find somebody on whom to place the crime. They thought at first it was this man Gantt. Sentell and others said they saw Mary Phagan on the street at midnight. Of course, they did not. But it will illustrate the uncertainty with which this crime has been hatched."

"Then they were almost certain that Newt Lee was the man. They found the notes by the girl's body, and Newt Lee said in reference to night-witch,' a phrase occurring in one of the notes, that night-witch means me, Boss.'"

"I do not think that Newt Lee committed the murder, or had anyting to do with the killing of the girl, but I never will get it out of my mind that Newt Lee knew something about the writing of those notes."

"Man Who Wrote Note

Killed Mary Phagan."

"This is one of the profoundest mysteries that ever confronted a community. It has baffled investigation at every turn. But one thing has stood out like a mountain on a plain, since the very beginning of this case. The man who wrote those notes killed Mary Phagan."

"Oh, you remember how they searched for him. The notes were found beside the dead body. It was right hard to recite what was in the obsecure mind that wrote those notes. It looked like one negro trying to accuse another, but the one question stood out. Who wrote the notes? Who wrote the notes?

"Things developed. Newt Lee was put through the third degree and the fourth degree. Just the day or the day before the Court of Appeals handed down a decision which is especially applicable to this case. It denounces such methods. How it does hit Jim Conley and the authorities that made him swear. How it does hit Minola McKnight!"

He read a newspaper clipping of the decision.

"Our friend Hooper said there was nothing to hold Jim Conley in that chair but the truth. My God! He has his life at stake! Before you get through with this case you will see that they have to depend on Jim Conley. If they can not hobble on those top rotten crutches they can't hobble at all. Before I get through with it I am going to show there never was such a frame up since the world began."

Court adjourned at this time.

Recalls Famous

Durrant Case.

When court convened for the afternoon session, Arnold resumed his argument.

"Gentlemen of the jury," he said, "my friend Hooper made some remarks about circumstantial evidence and how powerful it was. He forgot to mention the fact that the circumstances had to be substantiated by reputable witnesses and eliminate every other reasonable doubt."

"I read a book once that dealt; it a circumstantial evidence and it was positively sickening the number of mistakes that have been made. The famous Durant case that has come within our memory is a striking illustration. Two girls were found murdered in the tower of a church. Durant was the last man seen with them. The public said, You are guilty.' One man swore he saw him wearing a girl's ring. Another man swore he had found Durant nervous and perspiring as though he had come from a recent great exercise. The women egged him on his way to court. The jury found him guilty and a weak judge the first I have ever heard of, sentenced him to hang in three days. They appealed the case, but lost out, and they hanged him. There was not a cemetery in Frisco that would bury that man. They took him out to a little country churchyard and buried him. Time went on and people forgot about it. The preacher in that little church continued to address his congregation. After a number of years, the preacher was confined to his death bed. He called a number of his friends around him and confessed to the murder of those two girls, and explained the circumstances in such a way that it left no room for doubt that he was telling the truth."

Cites Infamous

Dreyfus Case.

"I remember another case the Hampton case in England. It is a historic case. A country gentleman by the name of Hampton disappeared in life."

"I recall another case, the most dreadful of all the Dreyfus case. He was a lieutenant in the French army. Someone had been telling the plans of the French fortifications. Dreyfus the suspected. They got evidence against him, he was court-martialed and sent to Devil's Island. The men who sent him away thought they were safe, but the people became calmer and began reconsidering their action. In time a most infamous conspiracy was revealed. One man confessed and before the end practically every man in the prosecution committed suicide. Dreyfus was a Jew. He was friendless. He was an easy mark and they got him.

"I have never seen so much venom as there is in this trial. The murderous bestiality that robbed little Mary Phagan of her life is scarcely worse than the spirit that would deprive this man of justice. No wolf in the forest, no beast in his cage, is so savage as these people who would hang this man on the flimsiest sort of evidence."

Arnold Grows Facetious

At Expense of Hooper.

"One thing in my friend Hooper's speech I want you to consider. What he didn't know about the case would fill many volumes. He has got just a little feeble smattering of an idea. He doesn't know what the witnesses said. He doesn't know anything about the factory. He got mixed in Conley's evidence. Part of the time he was quoting from statements of Conley made before the trial."

"But I can't blame him much. Conley's evidence is so crooked he couldn't follow it. It reminds me of the story of the farmer who tried to teach his boy to plow a straight row. He said: Son, you see that bull across yonder? Follow straight to him and your row will be straight. He came back later and found the boy plowing in semi-circles. What are you doing?' asked the farmer. I am following the bull,' replied the boy."

Arnold illustrated his point by walking around in circles before the jury, holding his walking stick as though it were a plow stock.

Sheriff Mangum had to rap to keep down the laughter.

"I have never yet seen an effort to get a jury to believe a witness in the attitude of Jim Conley," Arnold continued. "There are vile different editions of his statement. If he made one tomorrow, there would be a sixth. He has got the strongest motive in the world to lie to save his own neck."

Premediated Killing,

Scouts Theory Frank

"Take my friend Hooper's theory that Frank knew it if Conley killed the girl. That is about as weak as the rest of his argument. If Conley had killed her on the second floor, he never would have taken her down until Frank and Mrs. White left."

"Frank left about one. It is absurd to assume that it was impossible for him not to have seen Conley. But we don't believe she was killed on the second floor. And I am going to show that there is no evidence that she was killed there, except what Christopher Columbus Barrett found."

"Hooper smelled the plot. He says this man had had his eye on this dear little girl for some time. That he had been thinking of how he could get her. That he had plotted to make an attack on her. I join with everyone in saying that who killed Mary Phagan was a foul beast, a fiend, a savage. It was not the act of a civilized man."

"But Hooper was hard pressed. They had to fall on something. They say that on Friday Frank knew he was going to make an attack on little Mary Phagan. And, gentlemen, taking in the evidence and everything else, this is the wildest conception I ever heard of."

"Conley Was Made to

Tell Suitable Tale."

"The utmost they can get is by this poor miserable little fellow, Turner, brought in here at the eleventh hour and who says he worked at the pencil factory for ten days. And all he said was that Frank had put his hand on her shoulder and called her Mary."

"When asked if he could describe her, Turner said that he could not. He did not know anyone else in the factory. He could not describe anyone. And what did he say that Frank said to her? All in the world that he said was that: I am superintendent of this factory.'"

"And mind you, gentleman of the jury, this was in broad open daylight. They brought in other women here to testify as to his conduct with Mary Phagan. And all that they could say was that they had heard him call her Mary."

"To get back to Jim Conley; he is at the beginning of the plot. From all the evidence, they just took him and led him around and made him fit a theory. I will prove by Harry Scott's evidence that whenever Conley said anything that didn't exactly fit, they said: Here Jim, that won't do. That doesn't fit Bill Jones' testimony and Conley immediately switched it around so that it would fit.'"

"By Conley's evidence that on 1 o'clock Friday afternoon, Frank came to him on the third and fourth floors, they expected to show that Frank at 3 o'clock Friday afternoon knew Mary Phagan was not coming for her pay."

"Now they didn't begin the payroll until 5 o'clock Friday afternoon. Who on earth but God himself would know that little girl was not coming for her pay?"

Sees Conspiracy in

State Evidence Chain.

"How unreasonable must it be for intelligent human beings to believe any story so utterly unreasonable."

"There is a little girl named Ferguson. I notice that Mrs. Coleman never said a word about the Ferguson girl, nor did she say a one about the Epps boy. But the Ferguson girl says: I asked Mr. Frank for Mary Phagan's pay, and he wouldn't give it to me.' Frank didn't know Mary was not for her pay that day? How did he know she wouldn't come for her pay that day? Wasn't it natural to suppose that if she didn't come that day, that she would com on Monday, the next working day? Do you think that he knew she was coming Saturday morning?"

"Gentlemen, it is the wildest theory on earth. Yet the Ferguson girl said: I asked for Mary's pay and he said he wouldn't give it to me.' Frank never paid off. Schiff always did that. They had a pay window, and Schiff sat behind it. I doubt if Frank ever saw the girls who were paid."

"There is another little girl, Magnolia Kennedy. She looks just as well as the Ferguson girl. She declares she was behind the Ferguson girl and that the Ferguson girl asked for the pay of no one but herself."

"There is your conspiracy. Before anything happened you have Conley laying the foundation. You have Frank on Friday knowing all these things and telling Conley to come back Saturday. You have Frank saying: I don't think Mary Phagan will ask for her pay this evening. I don't think she will come down and get it at the usual time. I think she will come Saturday morning. So I will have Conley here and he can watch for me while I assault her."

Accuses the State of

Begging the Question.

"Gentlemen, it is too thin. But my friend Hooper says that Frank fired Gantt for a one-dollar debt. Gantt don't come into this case in a very good light. He admitted the one shortage for which he was discharged. There was no doubt that the man who made the complaint knew of the missing one dollar. You don't know how much more there was. You don't know what Gantt did during the time he was working there. We didn't go into that. We don't want to sling any mud on to anyone at all. Yet they are bringing in the discharge of Gantt as having a hearing on this case."

"They claim Gnatt was discharged because he had said he knew Mary Phagan. There is no proof that Gantt knew her. They were born in the same country, but there are 30,000 people in Cobb County. He was not her guardian. She was not dependent upon him."

"Little Grace Hix said that Frank didn't know Mary, Magnolia Kennedy said that Frank was not acquainted with the Phagan girl."

"My friend Hooper said some mighty bad things about what happened at the factory. He has pictured the conditions at the factory as being grossly immoral."

"Gentlemen, that is begging the question: I venture the assertion that this factory is no better nor no worse than the general line of factories. Any place where you work from 100 to twice that number of men and women you are almost certain to get some who are not so good as they might be. There is always the evil mixed with the good."

"Discharged Employees

Testified in Revenge."

"We are not trying this case on whether you or Dorsey or me or Mr. Starnes or Frank have always been perfect. I say to my friends, let him without sin cast the first stone. There was a little immorality here as in other factories. My friends Dorsey and Hooper have put the microscope on everything. They have dug up everything that ever happened at that factory. They have gone back five years in their efforts to create trouble. They went fishing for witnesses and I don't wonder that they could find a dozen or so who were willing to swear that Frank's character was bad."

"You can always find discharged employees of the factory who were envious or jealous and are anxious to get revenge on their employees. When you swear to character, it is always an opinion. And the value of your opinion depends on the length of time you have known the person for or against whom you are swearing."

"The prosecution has put up eleven girls. Most of them worked there years ago and for only a few weeks at a time. They have gotten all the floaters they could find, employees who worked at one place for a short while then moved on."

"They have searched these witnesses out carefully. They have taken them to their offices and questioned them. And I don't doubt that after they got through questioning them they were able to find many who were willing to swear that Frank's character was bad. From the way they have been giving evidence. I am inclined to believe it."

"Now, of all the incidents mentioned by our friend Mr. Hooper, the dressing room incident is about the worst. There is the room, gentlemen that has absolutely no conveniences no wash room, no lavatory."

"Now Miss Jackson said that the girls went to work at 7 o'clock and that Frank looked in at 7:10 or 7:15. Miss Jackson admitted that girls had been flirting from the windows of that dressing room. She said they were all afraid of Frank and went on to work when he appeared. The only reason that Frank looked into that dressing room, was to see that his orders prohibiting flirting had been obeyed."

"Do you think he could run a factory like that and flirted and had been familiar with the help? Don't you know that if he had done that, all organization would have been swept away and work would have been practically at a standstill? Do you think Montag would have kept him if he had done all the things the prosecution said he did? Do you think they would have trusted their business with a man like that? Why, it is preposterous?"

"Men here talk like putting the hand on a thirteen-year-old girl's shoulder amounts to anything. Or looking into a room where girls change only their top dresses? Why you can go out to Piedmont Park any day and see 500 women with almost nothing on."

"You can go to shows and see them with practically nothing on. And I don't mean we are getting worse, either. We are getting broader. This prudish attitude of holding up your hands in horror of a man's putting a hand on a woman's shoulder makes me sick. I wouldn't trust that sort of a man behind a door."

Killing Was Crime

Of Savage Negro.

"We are living in a broad age. We are getting more sense about these matters. Sometimes I think it is a little too broad for me. But Frank's acts that were testified about were made in the broad open day, and no complaints were made about them at the time."

"I was talking about Hooper's theory. He is the sort of man who sees a bear behind every bush. He quoted Conley's statement about Frank telling him to come back and watch. Don't that fit beautifully? Mary Phagan had not been there. It isn't so of course. Frank couldn't have had any engagement with that little girl. That crime couldn't have happened as Conley said it did. It was the crime of a savage negro whose first attack is violence because he can not accomplish his objective in any other way."

"Now we come to this man Barrett. I don't know what his name is but I call him Christopher Columbus because of his numerous discoveries. He talked about a reward. Smith testified he saw him counting his imaginary money. Frank, Chief Beavers and Detective Starnes made a searching investigation of that factory Sunday. They didn't find any blood spots. But Christopher Columbus embarked on a voyage the next day and discovered wonders."

"I am going to show you just how

Continued on Page 6.

PAGE 13

Man Who Wrote Those Notes

Killed Mary Phagan, Charge

Continued from Page 5.

absurd his discoveries are. I am not going to just hit the high places like my friend Hooper did. I am going fully into it. My friend Hooper is a bully fellow. He is such a good fellow that really I am almost persuaded he hasn't had his heart in this case at all."

Blood Stains Were

Only Analine Drops.

"Four pieces of floor were chipped up. Each piece had a spot on it which they thought to be blood. These chips were taken from the floor covered with dirt and grease one-quarter of an inch thick. This floor has never been scoured and we know a few men who had been hurt back there and who had been carried by this spot. There is a difference of opinion as to how much they bled but we know they did bleed, that they bled considerably. And this place was in front of the ladies' toilet."

"And we know from the chemists who have been upon the stand that if a drop of blood had fallen there four years ago the chemist could find corpuscles now. They took up four chips. I want to show you these chips, and I also want to read you Dr. Claud Smith's testimony on the stand here. Here are the chips with the blood spots on them all blood. Oh! The chemist can find the corpuscles. Unless they are scoured up they will be there ten years. Now listen to Dr. Claude Smith's evidence. He says that he found three or four or five corpuscles in the field. My recollection is that one drop of blood contains not less than 80,000 corpuscles."

"As to the amount of blood, you can form your conception. And here is what he says about the chips: The chips I handled had blood and dirt, grease and other things on them.' He says he found corpuscles on one of the chips, but he could not tell what chip it was. He said he raked them all together. He could not even say whether the corpuscles he found were human or not. He could not even pick out the one chip that had the blood on it. He said that he tested for blood only; that he made his test in the ordinary way, and he found the stain on every chip. And that stain was paint, analine which we have insisted was there. And as to the amount of blood, eh could not say whether it was half a drop or less."

No Blood Spots

Where Hair Was Found.

"I say that one half a drop of blood might have been there several years. And now, if I make myself clear, what they say was blood was a stain, the same thing on every chip, and not blood at all. It just happened there were one or two corpuscles on one chip when one drop of blood would have remained intact several years."

"Now that hair Christopher Columbus found on the lathing machine, and by the by it has never been introduced and I would like to know where it is. It has never been identified for the very simple reason that it is not in existence. Every doctor has told you that she must have bled where the hair was found or where the would was made, and there was the blood found."

Attorney Rosser here interrupted Arnold to read from Detective Black's testimony in which he said that Detective Starnes and himself made a thorough examination of the metal room and dressing room the Sunday morning after the crime and found neither hair nor blood.

"Now here where Barrett found strands of hair," Arnold continued, "I want to say that it would be nothing remarkable to find strands of hair on any machine in the factory at which women worked."

Seen Frank's Honesty

Worked Against Him.

"My friend Dorsey says they washed up blood in several places. Now why wasn't it all washed up, instead of putting this haskeline around that one place?"

"The whole truth is that the whole case rests on this fact: that Frank was honest enough to tell them that first Sunday morning that he did see Mary Phagan; that she did come there for her money, the time she came there for her money, the time she came there and the time she left. Now, if he had been trying to hide anything he would certainly have had sense enough my friend Hooper says he is more than the ordinary in intelligence to have denied seeing the girl at all, to have known absolutely nothing about her and to have had her pay envelope in the cash drawer where it would have been if he had not honestly paid her off when she went to his office unharmed."

"When Little Mary Phagan came harry Denham and Arthur White were upstairs. Lemme Quinn and Monteen Stover and all the others were coming in. People were coming and going all morning. The doors of the office were open; the doors of the metal room were open. There were glass doors in the metal room so anyone could look in and see everything that was going on."

"Do you mean to tell me that a man is going to plot murder with conditions like that? There were people coming in before and after the crime a dozen people were dropping in. There Frank was overwhelmed with work, his stenographer gone, and yet they tell me he had planned to lose half or almost all the entire morning with a plot like that. All reason would be against his having relations with girls in the factory."

Brand Dalton A

A Common Liar.

"I have no doubt that some of the girls in the factory were bad, but I don't believe they were all bad. I believe most of the girls who work in that place are good. Now the prosecution has jumped on poor Daisy Hopkins and has torn her character to shreds. I have no doubt that Daisy Hopkins is a bad woman. She has admitted it. I am sorry for her, but some of the men who testified in this case were no better. Think of the motorman who got on the stand here and told about going to that place with women and Dalton telling about going there with Daisy Hopkins and sneaking down through a scuttle hole into the basement."

"They told us that Dalton, the man with a criminal record, had reformed. He lied when he said he had reformed and if he ever went into the pencil factory he slipped in. Look at this man, gentlemen (pointing to Frank). Why should such as he associate with Dalton. Would you think he would be a boon companion of a man like that. No man says he was but Dalton and Conley. Dalton and Conley brought Daisy Hopkins into the case, too. She was not our witness except in this way. Fallen women sometimes tell the truth. It is known they have peculiar characteristics and we knew that if they had lied when they said they went to this place with her she would say so."

"Now, Daisy Hopkins says it is a lie and when all of these people say Frank was never there with women and when the clerks, the office boys and his assistant, Schiff, say that these men lied, then Dalton has lied."

PAGE 11

GEORGIA'S GREATEST MURDER TRIAL NEARS ITS FATEFUL CLOSE

By JAMES B. NEVIN.

The evidence in the Frank case all has been delivered; the last word has been spoken, both for and against the defendant, so far as the witnesses are concerned.

It only remains for the lawyers to argue the matter to the jury and then, after the court has given the jury the law in charge, there will remain only the verdict to record.

The most complex difficult elusive and mysterious murder case in the entire criminal history of Georgia is nearing its end.

It is doubtful whether any of us ever shall see the like of the Frank trial again.

Lawyers give it as their opinion that it has been, in a dozen or more ways, the most extraordinary proceeding ever coming under their observation and certainly the newspapers of the State never have been called upon to handle a story so amazingly strange in its varied and sometimes astonishing ramifications.

The Phagan case for as such it will go down in history, rather than as the Frank case has combined within itself all that goes to make for intense and insistent heart interest.

It has revolved about a sweet little working girl, tragically, and cruelly and brutally killed murdered in the first flush of young and promising womanhood, who probably never knew, and if knowing, still not comprehending, why that awful fate should have come upon her so suddenly and so unavoidably!

It has involved the honor and the home happiness of a young business man, theretofore of unblemished integrity and standing in one of the most cultured cities in the world; it has stormed about two household, equally unoffending within themselves; it has concerned itself with the love of two mothers, and it has made to bleed the heart of a wife, and has brought sorrow unspeakable to the minds of hundreds of loving friends, both the accused man and the dead girl.

Sleeping Prejudice Aroused.

It has, with sordid emphasis, suppressed but unmistakable, made manifest deep-seated prejudices and opinions gathering as it swept along many things foreign to the real point in issue, until the one big stake the cards must settle presently has, at times, been completely lost sight of, and even now is not easy to locate with certainty.

The Phagan case has run the entire scale of human emotions there is little by way of sinister or grim appeal that has not been, somehow and sometime, injected into it!

But, after all is said and done, perhaps the matter has been thrashed out thus far in the light of the biggest intelligence that might have been applied to it.

At times, fate has seemed all too unkind to the defendant; at times the State has seemed unduly stooped from proceeding as it thought it had a right to proceed.

Undoubtedly things have been said and done by both sides to the Frank trial that, as strict matters of law and justice, never should have been said or done.

Frank has had to answer not to the charge of murder alone as the indictment contemplated he should but to two charges.

The one means an ignoble death if sustained; the other means a worse than ignoble life thereafter in the penitentiary.

In a measure, too, the charge of murder has been swallowed up and obscured by the other monstrous thing and yet one can hardly see wherein the defense may complain of that, in that the second charge got into the record with the consent of the defense, if not almost by its invitation.

Scales Held With Even Hand.

Judge Roan and in this, at least I think the public is agreed, has tried his level best to hold the balances even. If there be error in his rulings, they have been errors of the head and not of the heart, I take it. And, error or no, he has maintained an impartial average of judicial favor, so to speak, and he will come through unsullied and uncriticized.

What effect upon the jury the evidence will have is highly speculative and problematical.

If the jury were not composed of human beings and could confine itself to those things alone. It has ben legally held to the pathway to acquittal of Frank might seem brighter.

But the trial been so long drawn out, so full of perplexing detail, so worrying and fretting to simple analysis, so mixed as to issues, and so disconcerting in sequence of testimony, that one is at a loss to imagine just what the jury MUST think of it all now.

In its strict legal aspect, the case against Leo Frank, while fully well held together and set forth by the solicitor General, still is not such a case as would prompt one to predict sure conviction.

Neither, however, has the defense been of a nature warranting a prediction of sure acquittal.

If the technically legal case could be differentiated in the mind of the jury from the psychological case if the pleadings could be confined strictly to the primary issue, murder, and not in any manner confused with the other unmentionable issue brought into the case the probably finding of the jury would be easier to anticipate and forecast.

If Frank might have been tried for murder, pure and simple, NOW, and LATER tried for the other thing, the problem of the jury might, and doubtless would, be simplified immensely.

But to expect the jury to separate tin its mind entirely the two things Frank is answering for is almost to expect of it the impossible the superhuman!

Jury but a Part of the Public.

It has been seemingly impossible for the public to do that and, after all is said and done, the jury is but a portion of the public, made more careful in forming its opinions, to be sure, by the sole solemn oath it has taken, but merely a portion of the great public nevertheless!

The big card played against Frank was the negro sweeper, Conley.

Upon the astonishing story turns the State's entire case, from every point of view.

Conley it was who first pointed the direct finger of accusation toward Frank and fixed upon him the awful charge of murder, and Conley it was who first spoke the word of unspeakable scandal that has made Frank's road to acquittal a thousand times hard to journey.

Pitted against Conley is Frank, almost and pathetically alone!

He made a remarkable statement it carried with it every indication, so far as the surface of things seemed to show, of truth and straight forwardness.If it shall so fall out that he be acquitted, that statement must and will be credited with a tremendous share of the responsibility thereof.

It has behind it, too, some things that the Conley statement has not among other things, a long record of respectability, integrity and business standing, vouched for by an abundance of very high class evidence as to Frank's character.

And yet it was not delivered on oath, and it certainly carried a load of self interest.

Undoubtedly much has crept into the case, or been lugged in, that is irrelevant, but well, it is in, and that is the end of it, perhaps!

If Frank is convicted there will be grounds innumerable for asking new trial; and if that is refused, there will be an abundant assignment of error whereby a reversal possibly may be had later and a new trial ordered.

Frank, however, has staked his all and everything on acquittal to be denied that is to be denied the hope of all hopes that sustain him today!

And so, after the evidence is all in, and the public at least is face to face with the forthcoming verdict after four months of nerve-racking suspense, swung this way and that, and never knowing exactly what to think there is but one thing human beings of normal minds and pose can do today.

They must await the verdict with minds prepared to accept it as the truth the very best human ingenuity and the forms of law can establish by way of justice and right.

Either an acquittal or a conviction the one final, and the other a matter to be reviewed would be the finish of this trial most satisfactory to the public.

All that any man SHOULD desire all indeed, that any honest man CAN desire is that the truth be recorded in the Frank case. In the light of reason, common sense and justice, as man is given the light to see!

Both the defendant and the State have much at stake the one has his life and his liberty, the other has the majesty of the law, which is the protection of the lives and liberties for all.

It is easy to find fault, to say that a mistake was made here and there; that sins of commission and sins of omission marked the progress of the trial from both sides.

But that and none of that, gets us away from the fact that the trial has been as fair and square as might have been expected and whatever the verdict, no man will have the right to say that undue favor has been shown.

The verdict of the jury "twelve good men and true" that the public should be, prepared to accept loyally, and sincerely, as the TRUTH of the Phagan murder, in so far as Leo Frank is concerned therein.

PAGE 14

ARNOLD CHARGES A FRAME-UP'

Hooper Calls Defendant a Jekyll and Hyde

DEFENDER OF FRANK WHO RIDICULES PROSECUTION

Attorney Reuben Arnold, who opened the closing argument for the defense in the Frank trial.

RACIAL PREJUDICE IS BLAMED BY DEFENSE FOR PERSECUTION'

Reuben R. Arnold, defending Leo M. Frank against the charge of a brutal murder, with all of the eloquence at his command in his argument for the jury Thursday, placed on the prejudice of race the responsibility for what he described as one of the worst conspiracies against a man's life that ever had come before a Georgia court.

His address followed a scathing arraignment of Frank by Frank A. Hooper, who opened the argument for the State and demanded the conviction of the defendant on the plea that the evidence presented left no other conclusion than of Frank's guilt.

Arnold declared that in order to get a case having nay please resemblance of merit against Frank, the State had been compelled to draw many of its witnesses from the dregs of humanity, had been forced to depend upon the ever-shifting stories of "the black prince of perjurers, the miserable Jim Conley," and had been driven for change its own theories from time to time discrediting its own witnesses as they changed.

Charged Efforts To Make Time Agree.

Directing his remarks as much to the counsel for the State into twelve men in the jury box, he charged that in order to place Frank's life in jeopardy, Solicitor Dorsey and his colleague Hooper had gone to the extreme length of assuming on the one hand that the street car on which Mary Phagan came to town several minutes ahead of time and on the other that the clock in the factory was five or ten minutes behind time.

They had established by their own witness, George Epps, said that Mary arrived in town at 12:07 o'clock and then forthwith had started out to destroy Epps' testimony and arouse the assumption that she got in town at 12:02 or 12:03.

Arnold was only well started on his address when recess came at 12:30. He began a review of all the circumstances preceding and following the crime as soon as court opened in the afternoon.

Through all the day Frank's mother and wife sat by him. The younger Mrs. Frank sat much of the time with her arm linked with that of her husband. Very little change in the appearance of the three persons was observable. Frank smiled slightly when Hooper satirically was describing Frank's actions at the Selig home Saturday night when he is said to have interrupted a card game which was in progress by the relation of a funny story he had read in a magazine.

Arnold to Attack Every Argument.

After Hooper had finished his argument he began presenting authorities to the judge to guide him in making his charge to the jury. He declared that the jury should not be charged that direct evidence was superior to circumstantial evidence.

Before Thursday's session began Frank had expressed himself as entirely confident of the outcome.

"I am certain that I will be acquitted and set right before the world," he said. "It has been a terrible ordeal, but I await the outcome with the utmost confidence."

"May it please your honor and gentlemen of the jury," began Mr. Hooper, "the object of this trial, as of all other cases, is the ascertaining of truth and attainment of justice. I want to distinctly impress upon you the correctness of our position. We want it distinctly understood that burden of proving him guilty is on our shoulders. We recognize that this has got to be done beyond a reasonable doubt, and from the evidence. We cheerfully assume this burden."

"There is not one connected with the prosecution who would see a hair of the head of this man injured wrongfully."

"We want him to have the rights and protection of the law just as any other citizen. He is entitled to the

PAGE 15

FRANK CALM AS HOOPER ARGUES TO SEND HIM TO THE GALLOWS

Stoically and Unblinkingly He Listens to Scathing Arraignment of State

ACCUSED ATTEMPTED TO SACRIFICE TWO NEGROES AND GANTT, STATE SAYS

Continued from Page 1.

protection of the law just as any other citizen."

"But another thing: He is not entitled to any more. He is not, on account of his high position and wealthy connections, entitled to any more than any other defendant. The strong arm of the law is strong enough to reach to the highest places and do justice there."

"It is strong enough to reach down into the gutter and regulate the lives of the lowliest. I am not going to undertake to go over all the facts in this case."

Believes Firmly

In Frank's Guilt.

"I congratulate you, gentleman of the jury, that the case is nearing an end. I have felt sympathy for you, because you not only have worked hard, but you have been deprived of your liberty and the enjoyment of your homes. In one sense of the word, you have been in jail."

"There has never been a criminal case in Georgia that has been so long. There has been no trial so important or the result of which will be so far reaching, and that only makes the responsibility on you the greater."

"There is one other thing that I want to say to you before I go into the facts of the case. This man ought not to be convicted simply because someone has to be, nor because of the law that demands an eye for an eye and a life for a life. We think the evidence shows him to be guilty beyond any reasonable doubt."

"In taking up this evidence I am considering you deeply, I am considering the strain you have been under. I am thinking deeply; in fact, I am trying to make myself as one of you twelve men, and in attempting to bring this to a conclusion I am striving to get at the truth."

"Let's see what the situation was on Memorial Day, Saturday April 26. Here is this great big pencil factory, which was being run by a number of men with this defendant in charge. Let us consider the conditions that existed there and, gentlemen. I must say that I am not proud of these conditions.

Witnesses Incensed

By Factory Conditions.

"But to get to the real facts of this case; to come to a full realization of just how things occurred, we must understand the conditions that existed here absolutely before we can proceed with this case. The character of this place was one to make us think deeply. The evidence which has been laid before you here has been of the kind to make one doubly serious. Take the defendant. Between 25 and 40 girls have come before you and said that his character was good."

"They spoke in the highest terms of him. That must be considered. But on this charge this is negative evidence. But also consider that we have brought before you girl after girl who told of his character being bad; who told of the immoral conditions that existed in this great pencil factory, and, gentlemen of the jury, most of these girls had quit working at that factory from two years to three weeks before the time of this trial."

"Every one of them said his character was bad. Did you notice the emphasis with which they said it was bad? And did you notice that they would have told more if they could have been allowed to? Did you notice how highly incensed they felt toward the immoral conditions which existed at this factory?"

"You have those who are still there who will say that his character is good, but you have those who have left who invariably say his character is bad. We put them on notice from the very first that we were willing to enter fully into his character. We could furnish particular information in regard to this, but we have been prevented."

"We have asked their own witnesses and our own; we have asked them, "Did you ever hear of this incident?" and Did you ever hear of that incident?' We brought these particular girls before you, and asked them in regards to Frank's character. They said it was bad. We turned them over to the defense, and they failed to question them in regard to any of the incidents to which we have referred."

Colonel Arnold interrupted at this point, protesting to Judge Roan that he considered Mr. Hooper was making an improper argument in saying that the State could not go into the particular evidence and intimating that it was an incriminating circumstance that the defense did not take advantage of its privilege and question the State's witnesses in regard to the particular incidents. Judge Roan sustained Hooper, saying that it was his only legal recourse. Hooper continued:

"If out of 100 men, 90 of them say that a certain person's character is good, but ten of them say, Beware of that man; he is a bad man,' would you say that you had a man of good character?"

Says Girls' Morals

Were in Hands of Men.

"It is almost impossible to magnify the temptation in the National Pencil Factory to a man without conscience and filled with lust. These girls in the factory were entirely dependent upon the attitude assumed by the men who were superior to them. This defendant, assisted by the noble Darley and the handsome young Schiff, practically had these girls' morals in his hands. The girls were absolutely dependent upon his rule."

"We find that the defendant connected himself up with a man whose character is good enough at present, but who admittedly was leading an immoral life at that time. What can we say when a man whose daily associates are bankers and prominent business men shall associate himself in his leisure hours with a man of the character of C. B. Dalton?"

"I expect most all of you have read that little story, "Dr. Jekyll and Mr. Hyde." We are all dual characters; none is so good but that there is some evil; none so bad but that there is some good. It is when the evil predominates that we have a bad man. The bad is good when with his own class. When the shades of night have fallen, and he seeks associates of his baser passions, then it is that we get a glimpse into his other nature. So it is with this defendant."

"He didn't seek out the bankers and people of his regular sphere when his baser passions came on. He looked for an associate in a man like Dalton. Dalton has had a number of men to get up here and say they would believe him. They are men who have worked side by side with him. Of course, he is a fellow of a lower class, but it has been show to you that he is a good fellow of his class, congenial to that environment."

"Then there are other facts to support this idea. This defendant claimed to you he did not know Mary Phagan. Yet the evidence showed that he passed back and forth by her every day. We find he did know her. Witnesses declared he stopped to speak to her and show her how to do her work. He told her HE was the superintendent of the factory. He pursued her out of the beaten path. This little girl, sent there by her parents to be under his protection, was in his eye, the eye of lust. He was laying a foundation for his object."

Conley, Too Ignorant to

Lie, Stuck to Truth.

"Let's turn back to the first evidence of this, the first interest of this man who never knew Mary Phagan. He said to Gantt, a man reared in the same community, several weeks before the tragedy, 'You are pretty thick with Mary Phagan?' He had her in his mind. Next we see him getting Gantt removed, and it was just after he had remarked what a good office force he had. The first opportunity was about one dollar. He sought to give you the impression of dishonest. He would attack this man whom he wouldn't let go into his factory unless accompanied by a negro. Shame upon him!"

"Thus he got rid of Gantt, and began to lay his plans."

"You remember that the defense pitted its case against Conley. I haven't said anything about him yet, but he comes in right here. He was to them like a stone mountain. They must break him down, or they are lost. They must break him down, and you have seen here the greatest fight between my herculean friend Rosser on the one side, and that poor, ignorant negro on the other, and you have seen the result. It was brains against ignorance; strength against weakness and after three and one-half days you saw Conley unshaken. His evidence was written as fast as he talked and my friend here, Rosser, carried him back over the same ground again and again, but they could not break him down, because it was the truth. It continued to pour like the waters through a mill race, because that negro didn't have sense enough to lie. He was telling for the first time the real story of what actually happened that fatal day."

"Why didn't Mr. Rosser break Jim Conley down? It was because, after all the lies the negro had told, he was telling the truth, and the truth is stronger than either of these two gentlemen. And it was the truth, gentlemen of the jury, that held Jim

ATTORNEY F. A. HOOPER ARGUING BEFORE JURY

Characteristic attitude of Dorsey'saide in action.

Attorney F. A. Hooper, who opened the Frank trial argument for the State.

Conley unbroken on the stand for three days. And the truth is greater than all. Yes, even after my herculean friend had worn himself out in a three days' effort to break the negro, he tried to put it off on his brother, Mr. Arnold. But the law protects a man, and would not allow this. They will tell you that Jim Conley is a powerful liar and he is. But take each of his affidavits. Each one of them gave a little more of the truth, and on Mr. Rosser's long cross-examination he brought out more of the truth."

"The option I expressed at the time was that if the defense continued to bore into Conley they might bring out even more of the truth. What they brought out did Frank no good. They beat upon him mentally but he remained unshaken."

"This defendant is a smart man. It was a remarkable statement that he made upon the stand to you, but he didn't need to get on the stand here and talk to you for more than two and a half hours. He went into each detail, going from one thing to the other, and putting it on one man and then the other."

"But let us go back to Jim Conley, the Jim Conley they could not shake, because he was telling the truth. He tells you he had done that often before. He told you that he saw other people come there; that he saw men and women meet there; and, gentlemen, there are other people who corroborate Jim Conley; who said they saw men and women come to this pencil factory and meet the defendant there."

Says Affidavits Fit Exactly

With Negro's Narrative.

"The next morning Frank was there to see him; the next morning Jim was there. Do you know, gentlemen, that Providence sometimes will divulge the truth at the very last minute? At the last minute yesterday two men came up here and said that they saw Jim Conley there. Mrs. Arthur White said she saw someone resembling Jim, but she was not certain. So Jim was telling a story that a good many people were disbelieving, but here came two men who said they saw him there, or a negro very much like him, who directed them to the office at the right of the stairs. As Mrs. White came downstairs she aw a negro sitting exactly where Jim Conley in his affidavits said he was. They made their affidavits at different places, but they fitted in exactly."

"Why was he there? For what was he sitting there hour after hour. He was sitting there to do as he had done many times before to watch at the direction of Frank. One thing they have said is that he was drunk. I suppose he did drink a few beers that morning, but have you noticed that he told of everyone that went up there that morning, and in the order in which they went up. He could have said that he saw Mrs. White, but he admitted that he was napping about this time. Now we come to the time of the tragedy. Jim was still there."

"But about this little Mary Phagan. A little girl who asked for Mary's money had been refused the night before. They told her that Mary would have to come after it herself. This was a violation of the general rule at the office. Even Schiff told you, I think, that they gave out the envelopes to other persons if they knew them well enough. Frank told Jim on Friday night to come back the next morning, but he didn't have any work for him to do. All he wanted of him was to watch at the door as he had done before. He wanted him to watch while girls came up to the office to chat with him. You will notice something peculiar about that word chat.' It is a word I never have heard before, but you will notice that there are two persons that use it. One of them is Frank and the other is Conley."

"He tells Jim he wants to have chat with that girl that day. Jim, you just make yourself convenient; wait around.' Jim comes and waits. He makes himself easy there in the hall. He takes a nap. People come and go. Then Mary Phagan comes the beautiful little Mary. She must have been a beautiful little girl. I guess you all remember her pictures, with her curly hair and bright eyes, and trim figure."

"She came with a little boy. They must have been sweethearts. She had an engagement with him. She wanted to go to the factory first for her little $1.20. She went, tripping along, a happy child. From that dreadful hour not one thing was heard from her. But we know what a horrible catastrophe she met as she went, so innocently, for her little $1.20."

"Frank was there. How do we know it? From his own statement. And he had to change it when he came upon the stand. A live human being, a young girl, came here and said he was not there when she went to his office. Frank did not see her. She waited five minutes. He was not in. I am not going into the details of the time. Mr. Dorsey will do that in his conclusion. What I want to impress upon you is that Frank stated here from this stand he might have gone out of his office for a moment. It was the first time such an admission was intimated. But there was the sworn statement of Monteen Stover to combat him."

"It had to be got around. You don't have to depend altogether on Jim Conley's story. Monteen Stover went to his office after Mary Phagan, and he was not here."

Rosser Interrupts to

Enter and Objection.

"In the meantime another little girl was waiting in his office Monteen Stover and Conley was waiting for the signal downstairs. Frank followed that little girl back there, and I want to be perfectly frank and say I do not think he had murder in his heart when he did, but the pent-up passions of weeks gained control and he could not stop. That scream that was poorly described here by this poor, ignorant, negro I wish you could have heard it; that scream that sounded like a ripple of laughter that ended when she realized his hellish purpose; the scream that ended when her life began to ebb."

Rosser interrupted Attorney Hooper to say that there was no evidence about laughter. Hooper replied: "All right; I was mistaken."

"The scream," Hooper continued, "and then those fast running footsteps. That was Frank coming to get the cord that strangled the child. Then he gave the signal for the negro to lock the door and come up, and Conley found him nervous and shaking, fresh from that harrowing scene on the rear of the floor on which his office was located."

"Now, gentlemen, we have this man Frank this man of high standing and character either committed this crime or that he was back in his office in plain hearing of any scream or any running of the elevator or the hearing of people going up and down the stairs, attending to his duties in his office, preparing that wonderful statement we have heard so much about."

Finds Mute Accuser

In Factory Diagram.

"By this diagram I will show you that he was bound to have known of the commission of this crime, even if he hadn't committed it, but listened to that brute negro attack that little girl."

"I want to show you that even if he was where he said he was, and where Monteen Stover said he was not, that this crime could not have been committed without his knowledge."

"I want to show you that he could see from his desk to a point by the clock. I don't want to give any testimony, for if I did I could show that he saw more than that, but by this diagram and it is a face I will show that his line of vision sitting at his desk would bring him to the clocks."

"Frank doesn't sit back in his chair. He sits away forward, and when he is at work he is the hardest working man you ever saw. And, gentlemen, he could see into the space beyond his office."

"Little Mary Phagan was killed back there in the metal room back there where our friends say they could see not find any blood spots, but where we have shown there were spots of blood. And, gentlemen of the jury, if Frank did not commit this crime, he sat supinely there at his desk and let that brute negro kill her; let that negro bring her up the passageway, bring her up to the elevator and take her down that elevator, which, when running, shook the whole building, which the negro said he could hear downstairs; which witness after witness has told you could be heard over the entire building, and which Frank could not have helped but hear."

"Frank's First Word

Betrayed His Guilt."

"Mr. Frank, I will give you the benefit of every doubt, but according to your own statements as to the time which has been shown conclusively that the girl was killed, you were right there; you sat right there, and you never moved."

"Now, to bring Jim Conley back into it; Gentlemen of the jury, isn't it an evident fact haven't you been shown conclusively, that either Frank or Conley killed little Mary Phagan? Or that Frank killed her by himself, as Conley says? Or that Frank sat supinely at his desk and let this negro Conley kill her, and yet he made no move?"

"As soon as the murder was consummated, there was something upstairs that had to be attended to. There were two men upstairs and a woman. Frank was anxious that they be let out of the factory. He went upstairs and told them that if they were going to go, now was the time."

"Mrs. Arthur White left. Arthur White and Harry Denham stayed. Frank told Mrs. White that he was going to put on his coat and hurry away. But this man, who was in such a hurry, still was without his coat when she got down to the office floor. Frank went into his office, washing his hands in that imaginary water. They say that this was his habit, and that we must not assume anything from it."

"The first words that he uttered when he got inside the office, he opened the doors to his guilt that all might look in. Frank said: Why should I hang,' adding that he had wealthy people in Brooklyn."

"What was the estimate that he put on the life of a young girl? Didn't it hurt him to wind the rope about her neck until it had "sunk deeply into the tender flesh? I can't conceive how being with the instincts of humanity could have twisted the rope about the neck of that pretty little girl. But he said: Why should I be punished for doing such a little thing as taking the life of this little girl? I have rich relatives in Brooklyn.' They will say he never uttered these words. He has denied them on the stand. But did Jim know that he came from Brooklyn? Did Jim know that he had rich relatives in Brooklyn? Did Jim know that he reckoned a human life in dollars and cents?"

"No; those words came from the bottom of this man's heart."

"From the African temperament of Jim Conley came the next remark. What's going to become of me?' he asked. Oh, I'll take care of you, Jim; you have been a good negro. I will write my mother in Brooklyn.'"

"This is that old mother who has stayed here in the courtroom so faithfully through all this trial. I can not understand how she has had the bravery to do it."

At this point Attorney Rosser objected on the ground that the speaker was quoting from the affidavits that Conley first made and not those that he told on the stand.

"You will find that they are all about the same," said Hooper.

"Frank says: Jim, can you write?' Jim says: Yes, I can write a little bit.'

Says Frank Lost Head

In Fixing the Notes

"Why did he ask Jim that question? Jim had furnished reports on those boxes. He knew what Jim could do."

"Jim was trustful; he wasn't on his guard like hew as when confronted by the terrible Mr. Rosser. He had faith in his boss, and how false was his boss? As false as he was to the little girl. As false as he was to poor old Newt Lee when that bloody shirt was planted."

"You all, I presume are Southern men, or have lived long enough in the South to become familiar with the traits of the negro. Can you tell me that you could imagine a negro on his own initiative writing such notes as were found beside that body."

"They charge the crime to a negro a negro who could hardly write. Would a negro who stood before the grilling of Luther Rosser for three days, and came out victor, be fool enough to do that!"

"The truth of the matter the fixing of those notes seems to be the only time that Frank lost his head. He might have known the police would go back of that."

"Then we come to the money in the case: I don't think Frank had any $200 in his office when he was talking to Conley, but dollar bills would look mighty big. He handed the reward to Conley. Then he thought: You are as deep in the mud as I am in the mud as I am in the mire.' Aloud he said: Let me see that money, Jim:\ and he sticks it back into his pocket as if to say: If everything comes out all right. I will give it back to you.'

Tells How He Arranged

To Dispose of the Body.

"False again to the poor negro who had carried out his hellish purpose, he compromises with a cigarette box containing about $1.60."

"Perhaps there was another idea in his head; there was the mute and mutilated evidence of the crime in the basement. That must be destroyed. This money would be a reward to get that removed."

"Then we come back to that original proposition that the body was carried down the elevator shaft by Frank and Conley. But there is the part of burning the body. A man who had committed the crime would not hesitate to burn it. He knew that there was no man to come back there that day except Newt Lee."

"I don't care anything about what time Frank got home or what he did there; he got back to the factory at 3 o'clock, where he had an engagement with Conley to dispose of the body, and he knew that Newt Lee was going to get there at 4 o'clock."

"Conley overslept himself and Lee came first; Frank said: You go away, Newt,' then to himself he said: And give me two more hours to get rid of that body.'"

"But Conley never came back, and Newt Lee did. He had to let him in, and he knew then that he was lost."

"When Frank saw Gantt in front of the factory door, did he start back against and say, There is that blood-thirsty that was $1 short?' Not he said, "There is Gantt; he was Mary Phagan's friend. He lived near her and her family has sent him to find her."

"But Gantt would not harm a flea. He reassured Frank by telling him he had come to set a pair of shoes he had left in the factory. But Frank didn't want him in there, and told him the shoes had been swept out."

Charges Frank

Lied to Gantt.

"Gantt told him there was another pair, and, gentle off the jury, Frank had to let him in, and he went in and found not one pair of shoes, but both pairs."

"Did Frank tell him a lie to keep him out of the factory, or did he really think the shoes had been swept out? He told a lie, and he was so afraid Gantt would find something that he sent him in under guard."

"And, gentlemen of the jury, as he stood at that entrance in the presence of Gantt the thought was going through his head, It is going to be known in a day that Mary is gone. Lord knows I don't want to let you in here, but I have got to let you in, but I will guard you. Come on in, but you go with him, Newt,' and, gentle-men of the jury, notice this:

"The striking thing about it the singular fact is that Gantt found both pairs of shoes, showing, gentlemen of the jury, that Frank had never seen the negro sweeping them out."

"Did he lie about this, gentlemen? And after he had left the pencil factory, trembling and with a burden upon him, what did he do that night? He did something he had never done before. He called up Newt Lee over the telephone, and when he could not get him the first time, he called again and asked if that long-legged Gantt was there."

"And when he found that Gantt had left and had discovered nothing, what burden rolled from him! No wonder he looked light-hearted. No wonder that he could read baseball stories and jokes. No wonder that his family could say that he had nothing on his mind."

"Another Thing on His

Mind That Night."

"But yet he had another thing on his mind before the night had gone. During the early hours his telephone rang, but he did not answer it. Honest old Newt Lee notified the police and tried to notify him."

"But Frank did not answer. He says he heard the telephone but faintly, or he imagined he heard it."

"But the police heard the call, and they went down into that basement

Continued on Page 3, Column 1.

PAGE 16

ARNOLD CALLS CASE GREATEST OF FRAME-UPS'

Frank Prosecuted Because He Is a Jew,' He Says to Jury

WRITER OF THOSE NOTES KILLED MARY PHAGAN,' IS CHARGE OF DEFENSE

Continued From Page 2.

and found something. They found the body of little Mary Phagan cruelly murdered, the cold body lying on the ground where it had been left for Jim Conley to burn."

"Jim had taken his nap, though, and had not come back. The policemen took the body to the undertaking establishment, and at daybreak they started to get up Frank again. And when they got him he was anxious to know if there had been a fire."

"And, gentlemen, aside from the conversation that took place, every officer and every man who was with him that morning will tell you that he was nervous; that he was shaking like a leaf; that he rubbed his hands and was completely filled with nervousness."

"But, gentlemen, he is a wonderful man. Though he stood there and quivered that Sunday morning, not a one of you can say can say that during this trial you have seen him quiver once. He is as calm and cool as any man in the courthouse, to all intents and purposes."

"But the morning after the crime he was as weak as a cat. He was a nervous; he was trembling like a leaf. The people in the automobile on the way to the undertaking establishment felt him tremble."

Holds Up Time

Slip to Jury.

"What was his conduct when he got down there to the morgue? He did not look on his victim, on whom he had lustful eyes for weeks. He fled; he could not pay the proper respect to a dead body. He went behind a curtain, a place where he had no business to go. He rushed out and waited for the rest."

"Did he identify her? No; he said he thought it was the girl he had paid off the day before. He had to go back to the records; he had to look up and see what her name was. Still he had seen her every day as he passed the machine where she worked."

"It was the same girl he called Mary; it was the same girl he tried to engage in conversation; it was the same girl on whose shoulder he placed his hand."

"What did he do with the time slip that was put in the night before? He said, after looking at it, that it was properly punched. Others looking over his shoulder agreed to it. Darley himself agreed to the error."

At this point Attorney Hooper produced the time slip which he held up before the jury.

"There weren't any marks on it then," he continued, "Frank said it was perfect. He told the night watchman: I know you didn't do it, Newt.' But he found that he was getting himself in trouble."

Bloody Shirt

Also Exhibited.

"He asked himself why he had said anything about the slip until he had had time to fix it up."

"The next day comes Holloway, his right-hand man, saying that he had the slip and that it had two misses on it. Frank made some remarks about Newt Lee."

"John Black, suspecting that the negro might know something about the crime, went out to Newt Lee's house and in a trash barrel he found this."

The bloody shirt was held up by Hooper before the jury.

"Somebody had to plant a shirt out at Newt Lee's. Somebody did plant a shirt out at Newt Lee's."

"Did you notice how minutely Frank described his movements all day Sunday and all Sunday night? That struck me as very suspicious."

"Newt Lee said: If that is a machine-made shirt it is not mine, and if it is a home-made shirt, it is mine." And behold! It was a home-made shirt.'"

"These remarkable discoveries were made when the shirt was found. You will find that the blood is on both sides of the shirt. And not in corresponding places."

"There is only one explanation it was used to wipe up a pool of blood. It did not have the distinctive negro odor; it had not been washed. The button holes and not been opened up since it came from the laundry."

"Willing and Anxious

To Sacrifice Negro."

"Remember please that that morning this defendant had brought up a time slip with skips showing that newt Lee had not made all the punches. Gentlemen, he was willing and anxious to have that negro's life sacrificed to save himself."

"The Bible says: What will a man not give for his life?' He was willing to give up Gantt, but never one word did he say against Conley. Conley was his friend and associate. That poor negro got arrested for washing a shirt to go to Frank's trial."

"Frank never accused him until the Newt Lee scheme and the other schemes had fallen through. As a last resort the defense was thrown his whole attack on Conley."

"There is one other thing I want to mention that big stick and the little piece of paper found by the shrewd, smart Pinkerton detectives who can find anything, even an elephant, on a floor. These were found after numerous searches, weeks after the murder."

"Unfortunately, they showed the slip of paper to Mr. and Mrs. Coleman, but there was a figure 5' on this piece of paper, purporting to be a part of Mary Phagan's pay envelope."

"When they came on the stand with that evidence, the figure 5' had been conveniently removed. It fitted the amount Mary Phagan drew that week."

"Doctors say the word on Mary Phagan's head could not have been made with a stick like they exhibited. No scientific tests for blood were made on it. Yet the defense introduced it as the possible weapon that caused her death."

"Where is Mincey?"

Hooper Asks.

"An inquiry has been made about a man named Mincey. Conley went on the stand and was asked if he did not make certain statements to Mincey about killing a girl. The only purpose of these questions was to introduce Mincey to clear up this whole affair."

"My recollection was he was brought into the courtroom and sworn with the other witnesses."

Rosser: "You are mistaken."

Hooper: "I may be, but where is Mincey? It looked like the whoel fight was to be about him. Frank was to be cleared, Conley convicted. But there has not been one word from him."

"Gentlemen, I am not going to take up any more of your time. I wanted to open up the case fairly and squarely to show you and the defense your positions on these various points."

Hooper concluded. Then Judge Roan asked Solicitor Dorsey to cite the authorities upon which he expected the court to base its charge to the jury.

Solicitor Dorsey requested Mr. Hooper to do it for him.

The jury retired for a short recess and Dorsey sent his deputies out for a number of court decisions.

"Use Common Sense,"

Hooper Tells Jury.

After the jury returned to the box, Hooper read from a great many authorities on the question of a reasonable doubt and the quality of circumstantial evidence.

"I have heard men say that they thought one thing but when they were on a jury they had to decide another way," said Hooper. "That being on a jury made a whole lot of difference, but it was never intended that such should be the case."

"If you gentlemen believe beyond a reasonable doubt, that is the way you should decide. You should decide this case as you would in your own home. You are supposed to use your common sense in arriving at a conclusion in this case, for the law is supposed to be common sense in its highest form."

"The absolute certainty is not obtainable. The most that can be obtained is the moral certainty, which has been described as being an absolute certainty."

"It is unfair for a jury to be charged that direct evidence is superior to circumstantial evidence. And it is against the law to charge a jury that circumstantial evidence is inferior to direct."

"Citing other authorities, Hooper said: "If the facts of the case point unerringly to the guilt of this defendant, then to all intents and purposes his guilt is as certain as though the evidence was direct."

"The proof of good character," Hooper continued, "will not hinder a conviction if the evidence against the defendant is sufficient. Even though the proof of good character is not attacked, as it was in this cage, the evidence in the case is enough to overbalance the character testimony."

"An alibi must exclude the possibility of the presence of the defendant at the place and the time the crime was committed."

"You are not to be governed by any opinion that counsel may express, but by the evidence presented."

"If a party is apprised of the evidence against him and does not explain or controvert it, the strongest presumption is that it is true."

Arnold Opens Argument

Charging Persecution

When Attorney Arnold arose to speak he asked for the paper model of the pencil factory. The model was brought in and placed before the jury stand.

"Gentlemen of the jury," Arnold began, "we are to be congratulated that this case is drawing to a close. We have all suffered at trying a case requiring so much effort, time and concentration is such hot weather. We have suffered for lack of adequate quarters, and from the noises from the street."

"A man's physical surrounding has a good deal to do with how he can do work. I never could do good work when I was uncomfortable. And it has been especially hard for you jurymen, shut off as you are, but that has always been so. You are set upon a hill, as it were, where the sound of the multitude does not reach you away from the ugly things men do and think and feel."

"The jury system has been in use a long time. It is now in use in all of the countries of Europe adopted from the English system. In the old days trained judges tried cases; they heard all the facts and were supposed to be able to tell when a man was telling the truth and when he was not, and from the viewpoint of an expert

Continued on Page 5, Column 3.

PAGE 17

Man Who Wrote Those Notes

Killed Mary Phagan, Charge

Continued From Page 3.

determine his guilt or his innocence. The jury system case as a result of a desire to popularize the courts; to let the people flow through the courts.

"God Grant We Get

Away From the Street."

"Inexperienced, as they are, it was decided that juries were capable of deciding questions of fact. Of course the judge still decides all legal points."

"My friend Hooper, in reading his authority just now, used a funny expression. He said your position is no different from any man's who wants to learn from any man's who wants to learn the facts; from any man on the street."

Hooper objected. "Your honor," he said, "I don't want the speaker to misrepresent my meaning."

Arnold: "You said street. God grant that we get away from the street when we come into court. What is the use of having any court if we don't get away from the street? There it is the man who has the most friends who wins. Courts are to protect a man from the street."

"Gentlemen, sometimes the very horror of a crime does a man a grave. Time rights it all, of course, but at the present blush of a horror friends can't judge fairly."

"The crime in this case is an awful crime. It was committed by a friend a brute. But no matter how terrible, no fair-minded man would refuse to give a man accused of it a fair trial."

"But well-balanced men don't say just because he is charged with the crime by Detective Starnes and Solicitor Dorsey. We will hang him.' Thinking men weigh the facts.

"Kenley Sample of

Lying Blowhards."

"I remember a cake when Charley Hill was Solicitor, he asked a prospective juror the formal question, and when he came to that part where the Solicitor General said: Juror, look on prisoner; prisoner, look on juror,' that old fellow got up and looked him over and said: Judge, he's guilty.' That is the way with public sentiment in this case."

"There has been so much lying and rascality as I will show you that I won't add to it. That fellow Kenly is a fair example. He is a man that any honest man ought to be ashamed to say one knows. His mouth is set like a catfish. He is the type of lying blowhards that constitutes the so-called public sentiment. He is the man who said they hanged two negroes at Decatur because they had to have somebody, and he is the man who said, Hang this Jew for the murder of that poor little girl whether he is innocent or guilty.'

"I had rather be in Leo Frank's shoes today than Kenley's."

"Gentlemen of the jury, there are people who say that Frank is a remarkable man; that he is a man of wonderful courage; that he has gone through this trial in a manner most remarkable for a man of his physical build and temperament."

"Gentlemen, he has inherited through 2,000 years of persecution. Behind him there is a long line of ancestors who for centuries have been abused, and I hope the day will come when a man will get justice, will be accorded fair treatment, be he Jew or Gentile, or white or black."

"He has endured persecution, and his family has endured it. The Jews have been thrifty, and envy has been the result. If Leo M. Frank had not been a Jew there would not have been any prosecution of him on this despicable charge. The miserable, lying negro, Jim Conley, was brought in to tell his miserable, lying story, to recite, parrot-like, the story in which he had been so well drilled."

"I am asking my own people and my own kind of people to do Frank justice. I am not a Jew, but I would rather my throat would be cut than do one an injustice of this sort."

"They have got their miserable perjurer, Conley, to come up here and swear Frank's life away. They have had him swear against a man who never had a word said against him before."

"Of course, after a crime, you always find persons who say that they knew the defendant's character was bad. But you don't make a murderer in a single day."

"I am going to compare the witnesses that were used by the defense with those that were used by the prosecution. They brought up the dregs of humanity to testify against this man. They brought up jailbirds and convicts to hang this man. They spouted hot and cold. They hurried the schedule of a street car. They slowed down the time clock at the factory. They got the detectives to say that Frank was nervous. They got his mother-in-law to say that he was soulless he didn't open his mouth."

"Built Up Case,

Then Tore It Down."

"They got little George Epps to testify that Mary Phagan got into town at 12:07. Then they began to tear their own testimony down. I am going to strip the case of some of the falsities and the warpings of the evidence, if God Almighty gives me strength. I don't know that He will, for I am nearly worn out."

"There have been a great many thins brought into this case which should not have been brought int. The defendant must be proved guilty of the murder of Mary Phagan. Every other reasonable hypothesis must be eliminated."

"You must liberate Frank, otherwise. The law says you must. If you think that it is as reasonable to believe that Jim Conley committed the crime, then you must turn Frank loose."

"Our friends, the detectives and police, were hard put to find somebody on whom to place the crime. They thought at first it was this man Gantt. Sentell and others said they saw Mary Phagan on the street at midnight. Of course, they did not. But it will illustrate the uncertainty with which this crime has been hatched."

"Then they were almost certain that Newt Lee was the man. They found the notes by the girl's body, and Newt Lee said in reference to night-witch,' a phrase occurring in one of the notes, that night-witch means me, Boss.'"

"I do not think that Newt Lee committed the murder, or had anyting to do with the killing of the girl, but I never will get it out of my mind that Newt Lee knew something about the writing of those notes."

"Man Who Wrote Note

Killed Mary Phagan."

"This is one of the profoundest mysteries that ever confronted a community. It has baffled investigation at every turn. But one thing has stood out like a mountain on a plain, since the very beginning of this case. The man who wrote those notes killed Mary Phagan."

"Oh, you remember how they searched for him. The notes were found beside the dead body. It was right hard to recite what was in the obsecure mind that wrote those notes. It looked like one negro trying to accuse another, but the one question stood out. Who wrote the notes? Who wrote the notes?

"Things developed. Newt Lee was put through the third degree and the fourth degree. Just the day or the day before the Court of Appeals handed down a decision which is especially applicable to this case. It denounces such methods. How it does hit Jim Conley and the authorities that made him swear. How it does hit Minola McKnight!"

He read a newspaper clipping of the decision.

"Our friend Hooper said there was nothing to hold Jim Conley in that chair but the truth. My God! He has his life at stake! Before you get through with this case you will see that they have to depend on Jim Conley. If they can not hobble on those top rotten crutches they can't hobble at all. Before I get through with it I am going to show there never was such a frame up since the world began."

Court adjourned at this time.

Recalls Famous

Durrant Case.

When court convened for the afternoon session, Arnold resumed his argument.

"Gentlemen of the jury," he said, "my friend Hooper made some remarks about circumstantial evidence and how powerful it was. He forgot to mention the fact that the circumstances had to be substantiated by reputable witnesses and eliminate every other reasonable doubt."

"I read a book once that dealt; it a circumstantial evidence and it was positively sickening the number of mistakes that have been made. The famous Durant case that has come within our memory is a striking illustration. Two girls were found murdered in the tower of a church. Durant was the last man seen with them. The public said, You are guilty.' One man swore he saw him wearing a girl's ring. Another man swore he had found Durant nervous and perspiring as though he had come from a recent great exercise. The women egged him on his way to court. The jury found him guilty and a weak judge the first I have ever heard of, sentenced him to hang in three days. They appealed the case, but lost out, and they hanged him. There was not a cemetery in Frisco that would bury that man. They took him out to a little country churchyard and buried him. Time went on and people forgot about it. The preacher in that little church continued to address his congregation. After a number of years, the preacher was confined to his death bed. He called a number of his friends around him and confessed to the murder of those two girls, and explained the circumstances in such a way that it left no room for doubt that he was telling the truth."

Cites Infamous

Dreyfus Case.

"I remember another case the Hampton case in England. It is a historic case. A country gentleman by the name of Hampton disappeared in life."

"I recall another case, the most dreadful of all the Dreyfus case. He was a lieutenant in the French army. Someone had been telling the plans of the French fortifications. Dreyfus the suspected. They got evidence against him, he was court-martialed and sent to Devil's Island. The men who sent him away thought they were safe, but the people became calmer and began reconsidering their action. In time a most infamous conspiracy was revealed. One man confessed and before the end practically every man in the prosecution committed suicide. Dreyfus was a Jew. He was friendless. He was an easy mark and they got him.

"I have never seen so much venom as there is in this trial. The murderous bestiality that robbed little Mary Phagan of her life is scarcely worse than the spirit that would deprive this man of justice. No wolf in the forest, no beast in his cage, is so savage as these people who would hang this man on the flimsiest sort of evidence."

PAGE 18

HOOPER'S SPEECH AGAINST FRANK IN FULL

Arnold Begins Plea for the Defense

ATTORNEY F. A. HOOPER ARGUING BEFORE JURY

Characteristic attitude of Dorsey'saide in action.

Attorney F. A. Hooper, who opened the Frank trial argument for the State.

PRISONER STOICALLY LISTENS TO SCATHING ARGUMENTS OF STATE

Comparing Leo M. Frank to that sinister dual personality Dr. Jekyll and Mr. Hyde, of Stevenson's famous, Frank A. Hooper, Solicitor Dorsey's associate, Thursday morning scathingly arraigned the man accused of the murder of Mary Phagan on April 26.

With the prisoner gassing upon him, unflinching and unblinking, Mr. Hooper took up the chain of circumstance with which the State has labored to connect him with the gallows and put link after link before the twelve men in the jury box who listened intently.

Frank's mother and wife were in court at his side, inscrutable and faithful. They sat silent and tense as Hooper denounced the moral character of the accursed man and graphically described his theory of how the murder had occurred.

Mr. Hooper emphasized various features of the State's case that had not been clearly brought out before, dwelling particularly on the incident of J. M. Gantt's visit to the factory on the afternoon of the tragedy and how Frank had at first refused to let him enter, and how the accused man had called up Newt Lee, the watchman, alter, fearful, said Hooper, that Gantt had discovered something.

After Hooper had finished his argument he began presenting authorities to the judge to guide him in making his charge to the jury. He declared that the jury should not be charged that direct evidence was superior to circumstantial evidence.

Before Thursday's session began Frank had expressed himself as entirely confident of the outcome.

"I am certain that I will be acquitted and set right before the world," he said. "It has been a terrible ordeal, but I await the outcome with the utmost confidence."

"May it please your honor and gentlemen of the jury," began Mr. Hooper, "the object of this trial, as of all other cases, is the ascertaining of truth and attainment of justice. I want to distinctly impress upon you the correctness of our position. We want it distinctly understood that burden of proving him guilty is on our shoulders. We recognize that this has got to be done beyond a reasonable doubt, and from the evidence. We cheerfully assume this burden."

"There is not one connected with the prosecution who would see a hair of the head of this man injured wrongfully."

"We want him to have the rights and protection of the law just as any other citizen. He is entitled to the protection of the law just as any other citizen.

"But another thing: He is not entitled to any more. He is not, on account of his high position and wealthy connections, entitled to any more than any other defendant. The strong arm of the law is strong enough to reach to the highest places and do justice there."

"It is strong enough to reach down into the gutter and regulate the lives of the lowliest. I am not going to undertake to go over all the facts in this case."

Believes Firmly

In Frank's Guilt.

"I congratulate you, gentleman of the jury, that the case is nearing an end. I have felt sympathy for you, because you not only have worked hard, but you have been deprived of your liberty and the enjoyment of your homes. In one sense of the word, you have been in jail."

"There has never been a criminal case in Georgia that has been so long. There has been no trial so important or the result of which will be so far reaching, and that only makes the responsibility on you the greater."

"There is one other thing that I want to say to you before I go into the facts of the case. This man ought not to be convicted simply because someone has to be, nor because of the law that demands an eye for an eye and a life for a life. We think the evidence shows him to be guilty beyond any reasonable doubt."

"In taking up this evidence I am considering you deeply, I am considering the strain you have been under. I am thinking deeply; in fact, I am trying to make myself as one of you twelve men, and in attempting to bring this to a conclusion I am striving to get at the truth."

"Let's see what the situation was on Memorial Day, Saturday April 26. Here is this great big pencil factory, which was being run by a number of men with this defendant in charge. Let us consider the conditions that existed there and, gentlemen. I must say that I am not proud of these conditions.

Witnesses Incensed

By Factory Conditions.

"But to get to the real facts of this case; to come to a full realization of just how things occurred, we must understand the conditions that existed here absolutely before we can proceed with this case. The character of this place was one to make us think deeply. The evidence which has been laid before you here has been of the kind to make one doubly serious. Take the defendant. Between 25 and 40 girls have come before you and said that his character was good."

"They spoke in the highest terms of him. That must be considered. But on this charge this is negative evidence. But also consider that we have brought before you girl after girl who told of his character being bad; who told of the immoral conditions that existed in this great pencil

PAGE 19

FRANK CALM AS HOOPER ARGUES TO SEND HIM TO THE GALLOW

Stoically and Unblinkingly He Listens to Scathing Arraignment of State

ACCUSED ATTEMPTED TO SACRIFICE TWO NEGROES AND GANTT, STATE SAYS

Continued from Page 1.

factory, and, gentlemen of the jury, most of these girls had quit working at that factory from two years to three weeks before the time of this trial."

"Every one of them said his character was bad. Did you notice the emphasis with which they said it was bad? And did you notice that they would have told more if they could have been allowed to? Did you notice how highly incensed they felt toward the immoral conditions which existed at this factory?"

"You have those who are still there who will say that his character is good, but you have those who have left who invariably say his character is bad. We put them on notice from the very first that we were willing to enter fully into his character. We could furnish particular information in regard to this, but we have been prevented."

"We have asked their own witnesses and our own; we have asked them, "Did you ever hear of this incident?" and Did you ever hear of that incident?' We brought these particular girls before you, and asked them in regards to Frank's character. They said it was bad. We turned them over to the defense, and they failed to question them in regard to any of the incidents to which we have referred."

Colonel Arnold interrupted at this point, protesting to Judge Roan that he considered Mr. Hooper was making an improper argument in saying that the State could not go into the particular evidence and intimating that it was an incriminating circumstance that the defense did not take advantage of its privilege and question the State's witnesses in regard to the particular incidents. Judge Roan sustained Hooper, saying that it was his only legal recourse. Hooper continued:

"If out of 100 men, 90 of them say that a certain person's character is good, but ten of them say, Beware of that man; he is a bad man,' would you say that you had a man of good character?"

Says Girls' Morals

Were in Hands of Men.

"It is almost impossible to magnify the temptation in the National Pencil Factory to a man without conscience and filled with lust. These girls in the factory were entirely dependent upon the attitude assumed by the men who were superior to them. This defendant, assisted by the noble Darley and the handsome young Schiff, practically had these girls' morals in his hands. The girls were absolutely dependent upon his rule."

"We find that the defendant connected himself up with a man whose character is good enough at present, but who admittedly was leading an immoral life at that time. What can we say when a man whose daily associates are bankers and prominent business men shall associate himself in his leisure hours with a man of the character of C. B. Dalton?"

"I expect most all of you have read that little story, "Dr. Jekyll and Mr. Hyde." We are all dual characters; none is so good but that there is some evil; none so bad but that there is some good. It is when the evil predominates that we have a bad man. The bad is good when with his own class. When the shades of night have fallen, and he seeks associates of his baser passions, then it is that we get a glimpse into his other nature. So it is with this defendant."

"He didn't seek out the bankers and people of his regular sphere when his baser passions came on. He looked for an associate in a man like Dalton. Dalton has had a number of men to get up here and say they would believe him. They are men who have worked side by side with him. Of course, he is a fellow of a lower class, but it has been show to you that he is a good fellow of his class, congenial to that environment."

"Then there are other facts to support this idea. This defendant claimed to you he did not know Mary Phagan. Yet the evidence showed that he passed back and forth by her every day. We find he did know her. Witnesses declared he stopped to speak to her and show her how to do her work. He told her HE was the superintendent of the factory. He pursued her out of the beaten path. This little girl, sent there by her parents to be under his protection, was in his eye, the eye of lust. He was laying a foundation for his object."

Conley, Too Ignorant to

Lie, Stuck to Truth.

"Let's turn back to the first evidence of this, the first interest of this man who never knew Mary Phagan. He said to Gantt, a man reared in the same community, several weeks before the tragedy, 'You are pretty thick with Mary Phagan?' He had her in his mind. Next we see him getting Gantt removed, and it was just after he had remarked what a good office force he had. The first opportunity was about one dollar. He sought to give you the impression of dishonest. He would attack this man whom he wouldn't let go into his factory unless accompanied by a negro. Shame upon him!"

"Thus he got rid of Gantt, and began to lay his plans."

"You remember that the defense pitted its case against Conley. I haven't said anything about him yet, but he comes in right here. He was to them like a stone mountain. They must break him down, or they are lost. They must break him down, and you have seen here the greatest fight between my herculean friend Rosser on the one side, and that poor, ignorant negro on the other, and you have seen the result. It was brains against ignorance; strength against weakness and after three and one-half days you saw Conley unshaken. His evidence was written as fast as he talked and my friend here, Rosser, carried him back over the same ground again and again, but they could not break him down, because it was the truth. It continued to pour like the waters through a mill race, because that negro didn't have sense enough to lie. He was telling for the first time the real story of what actually happened that fatal day."

"Why didn't Mr. Rosser break Jim Conley down? It was because, after all the lies the negro had told, he was telling the truth, and the truth is stronger than either of these two gentlemen. And it was the truth, gentlemen of the jury, that held Jim Conley unbroken on the stand for three days. And the truth is greater than all. Yes, even after my herculean friend had worn himself out in a three days' effort to break the negro, he tried to put it off on his brother, Mr. Arnold. But the law protects a man, and would not allow this. They will tell you that Jim Conley is a powerful liar and he is. But take each of his affidavits. Each one of them gave a little more of the truth, and on Mr. Rosser's long cross-examination he brought out more of the truth."

"The option I expressed at the time was that if the defense continued to bore into Conley they might bring out even more of the truth. What they brought out did Frank no good. They beat upon him mentally but he remained unshaken."

"This defendant is a smart man. It was a remarkable statement that he made upon the stand to you, but he didn't need to get on the stand here and talk to you for more than two and a half hours. He went into each detail, going from one thing to the other, and putting it on one man and then the other."

"But let us go back to Jim Conley, the Jim Conley they could not shake, because he was telling the truth. He tells you he had done that often before. He told you that he saw other people come there; that he saw men and women meet there; and, gentlemen, there are other people who corroborate Jim Conley; who said they saw men and women come to this pencil factory and meet the defendant there."

Says Affidavits Fit Exactly

With Negro's Narrative.

"The next morning Frank was there to see him; the next morning Jim was there. Do you know, gentlemen, that Providence sometimes will divulge the truth at the very last minute? At the last minute yesterday two men came up here and said that they saw Jim Conley there. Mrs. Arthur White said she saw someone resembling Jim, but she was not certain. So Jim was telling a story that a good many people were disbelieving, but here came two men who said they saw him there, or a negro very much like him, who directed them to the office at the right of the stairs. As Mrs. White came downstairs she aw a negro sitting exactly where Jim Conley in his affidavits said he was. They made their affidavits at different places, but they fitted in exactly."

"Why was he there? For what was he sitting there hour after hour. He was sitting there to do as he had done many times before to watch at the direction of Frank. One thing they have said is that he was drunk. I suppose he did drink a few beers that morning, but have you noticed that he told of everyone that went up there that morning, and in the order in which they went up. He could have said that he saw Mrs. White, but he

DAUGHTER OF JUROR WAITING TO SEE PAPA'

Margaret

Louise Wisbey,

whose father

Is on the Frank

Trial Jury. admitted that he was napping about this time. Now we come to the time of the tragedy. Jim was still there."

"But about this little Mary Phagan. A little girl who asked for Mary's money had been refused the night before. They told her that Mary would have to come after it herself. This was a violation of the general rule at the office. Even Schiff told you, I think, that they gave out the envelopes to other persons if they knew them well enough. Frank told Jim on Friday night to come back the next morning, but he didn't have any work for him to do. All he wanted of him was to watch at the door as he had done before. He wanted him to watch while girls came up to the office to chat with him. You will notice something peculiar about that word chat.' It is a word I never have heard before, but you will notice that there are two persons that use it. One of them is Frank and the other is Conley."

"He tells Jim he wants to have chat with that girl that day. Jim, you just make yourself convenient; wait around.' Jim comes and waits. He makes himself easy there in the hall. He takes a nap. People come and go. Then Mary Phagan comes the beautiful little Mary. She must have been a beautiful little girl. I guess you all remember her pictures, with her curly hair and bright eyes, and trim figure."

"She came with a little boy. They must have been sweethearts. She had an engagement with him. She wanted to go to the factory first for her little $1.20. She went, tripping along, a happy child. From that dreadful hour not one thing was heard from her. But we know what a horrible catastrophe she met as she went, so innocently, for her little $1.20."

"Frank was there. How do we know it? From his own statement. And he had to change it when he came upon the stand. A live human being, a young girl, came here and said he was not there when she went to his office. Frank did not see her. She waited five minutes. He was not in. I am not going into the details of the time. Mr. Dorsey will do that in his conclusion. What I want to impress upon you is that Frank stated here from this stand he might have gone out of his office for a moment. It was the first time such an admission was intimated. But there was the sworn statement of Monteen Stover to combat him."

"It had to be got around. You don't have to depend altogether on Jim Conley's story. Monteen Stover went to his office after mary Phagan, and he was not here."

Rosser Interrupts to Enter and Objection.

"In the meantime another little girl was waiting in his office Monteen Stover and Conley was waiting for the signal downstairs. Frank followed that little girl back there, and I want to be perfectly frank and say I do not think he had murder in his heart when he did, but the pent-up passions of weeks gained control and he could not stop. That scream that was poorly described here by this poor, ignorant, negro I wish you could have heard it; that scream that sounded like a ripple of laughter that ended when she realized his hellish purpose; the scream that ended when her life began to ebb."

Rosser interrupted Attorney Hooper to say that there was no evidence about laughter. Hooper replied: "All right; I was mistaken."

"The scream," Hooper continued, "and then those fast running footsteps. That was Frank coming to get the cord that strangled the child. Then he gave the signal for the negro to lock the door and come up, and Conley found him nervous and shaking, fresh from that harrowing scene on the rear of the floor on which his office was located."

"Now, gentlemen, we have this man Frank this man of high standing and character either committed this crime or that he was back in his office in plain hearing of any scream or any running of the elevator or the hearing of people going up and down the stairs, attending to his duties in his office, preparing that wonderful statement we have heard so much about."

Finds Mute Accuser

In Factory Diagram.

"By this diagram I will show you that he was bound to have known of the commission of this crime, even if he hadn't committed it, but listened to that brute negro attack that little girl."

"I want to show you that even if he was where he said he was, and where Monteen Stover said he was not, that this crime could not have been committed without his knowledge."

"I want to show you that he could see from his desk to a point by the clock. I don't want to give any testimony, for if I did I could show that he saw more than that, but by this diagram and it is a face I will show that his line of vision sitting at his desk would bring him to the clocks."

"Frank doesn't sit back in his chair. He sits away forward, and when he is at work he is the hardest working man you ever saw. And, gentlemen, he could see into the space beyond his office."

"Little Mary Phagan was killed back there in the metal room back there where our friends say they could see not find any blood spots, but where we have shown there were spots of blood. And, gentlemen of the jury, if Frank did not commit this crime, he sat supinely there at his desk and let that brute negro kill her; let that negro bring her up the passageway, bring her up to the elevator and take her down that elevator, which, when running, shook the whole building, which the negro said he could hear downstairs; which witness after witness has told you could be heard over the entire building, and which Frank could not have helped but hear."

"Frank's First Word

Betrayed His Guilt."

"Mr. Frank, I will give you the benefit of every doubt, but according to your own statements as to the time which has been shown conclusively that the girl was killed, you were right there; you sat right there, and you never moved."

"Now, to bring Jim Conley back into it; Gentlemen of the jury, isn't it an evident fact haven't you been shown conclusively, that either Frank or Conley killed little Mary Phagan? Or that Frank killed her by himself, as Conley says? Or that Frank sat supinely at his desk and let this negro Conley kill her, and yet he made no move?"

"As soon as the murder was consummated, there was something upstairs that had to be attended to. There were two men upstairs and a woman. Frank was anxious that they be let out of the factory. He went upstairs and told them that if they were going to go, now was the time."

"Mrs. Arthur White left. Arthur White and Harry Denham stayed. Frank told Mrs. White that he was going to put on his coat and hurry away. But this man, who was in such a hurry, still was without his coat when she got down to the office floor. Frank went into his office, washing his hands in that imaginary water. They say that this was his habit, and that we must not assume anything from it."

"The first words that he uttered when he got inside the office, he opened the doors to his guilt that all might look in. Frank said: Why should I hang,' adding that he had wealthy people in Brooklyn."

"What was the estimate that he put on the life of a young girl? Didn't it hurt him to wind the rope about her neck until it had "sunk deeply into the tender flesh? I can't conceive how being with the instincts of humanity could have twisted the rope about the neck of that pretty little girl. But he said: Why should I be punished for doing such a little thing as taking the life of this little girl? I have rich relatives in Brooklyn.' They will say he never uttered these words. He has denied them on the stand. But did Jim know that he came from Brooklyn? Did Jim know that he had rich relatives in Brooklyn? Did Jim know that he reckoned a human life in dollars and cents?"

"No; those words came from the bottom of this man's heart."

"From the African temperament of Jim Conley came the next remark. What's going to become of me?' he asked. Oh, I'll take care of you, Jim; you have been a good negro. I will write my mother in Brooklyn.'"

"This is that old mother who has stayed here in the courtroom so faithfully through all this trial. I can not understand how she has had the bravery to do it."

At this point Attorney Rosser objected on the ground that the speaker was quoting from the affidavits that Conley first made and not those that he told on the stand.

"You will find that they are all about the same," said Hooper.

"Frank says: Jim, can you write?' Jim says: Yes, I can write a little bit.'

Says Frank Lost Head

In Fixing the Notes

"Why did he ask Jim that question? Jim had furnished reports on those boxes. He knew what Jim could do."

"Jim was trustful; he wasn't on his guard like hew as when confronted by the terrible Mr. Rosser. He had faith in his boss, and how false was his boss? As false as he was to the little girl. As false as he was to poor old Newt Lee when that bloody shirt was planted."

"You all, I presume are Southern men, or have lived long enough in the South to become familiar with the traits of the negro. Can you tell me that you could imagine a negro on his own initiative writing such notes as were found beside that body."

"They charge the crime to a negro a negro who could hardly write. Would a negro who stood before the grilling of Luther Rosser for three days, and came out victor, be fool enough to do that!"

"The truth of the matter the fixing of those notes seems to be the only time that Frank lost his head. He might have known the police would go back of that."

"Then we come to the money in the case: I don't think Frank had any $200 in his office when he was talking to Conley, but dollar bills would look mighty big. He handed the reward to Conley. Then he thought: You are as deep in the mud as I am in the mud as I am in the mire.' Aloud he said: Let me see that money, Jim, and he sticks it back into his pocket as if to say: If everything comes out all right. I will give it back to you.'

Tells How He Arranged

To Dispose of the Body.

"False again to the poor negro who had carried out his hellish purpose, he compromises with a cigarette box containing about $1.60."

"Perhaps there was another idea in his head; there was the mute and mutilated evidence of the crime in the basement. That must be destroyed. This money would be a reward to get that removed."

"Then we come back to that original proposition that the body was carried down the elevator shaft by Frank and Conley. But there is the part of burning the body. A man who had committed the crime would not hesitate to burn it. He knew that there was no man to come back there that day except Newt Lee."

"I don't care anything about what time Frank got home or what he did there; he got back to the factory at 3 o'clock, where he had an engagement with Conley to dispose of the body, and he knew that Newt Lee was going to get there at 4 o'clock."

"Conley overslept himself and Lee came first; Frank said: You go away, Newt,' then to himself he said: And give me two more hours to get rid of that body.'"

"But Conley never came back, and Newt Lee did. He had to let him in, and he knew then that he was lost."

"When Frank saw Gantt in front of the factory door, did he start back against and say, There is that blood-thirsty that was $1 short?' Not he said, "There is Gantt; he was Mary Phagan's friend. He lived near her and her family has sent him to find her."

"But Gantt would not harm a flea. He reassured Frank by telling him he had come to set a pair of shoes he had left in the factory. But Frank didn't want him in there, and told him the shoes had been swept out."

Charges Frank

Lied to Gantt.

"Gantt told him there was another pair, and, gentle off the jury, Frank had to let him in, and he went in and found not one pair of shoes, but both pairs."

"Did Frank tell him a lie to keep him out of the factory, or did he really think the shoes had been swept out? He told a lie, and he was so afraid Gantt would find something that he sent him in under guard."

"And, gentlemen of the jury, as he stood at that entrance in the presence of Gantt the thought was going through his head, It is going to be known in a day that Mary is gone. Lord knows I don't want to let you in here, but I have got to let you in, but I will guard you. Come on in, but you go with him, Newt,' and, gentle-men of the jury, notice this:

"The striking thing about it the singular fact is that Gantt found both pairs of shoes, showing, gentlemen of the jury, that Frank had never seen the negro sweeping them out."

"Did he lie about this, gentlemen? And after he had left the pencil factory, trembling and with a burden upon him, what did he do that night? He did something he had never done before. He called up Newt Lee over the telephone, and when he could not get him the first time, he called again and asked if that long-legged Gantt was there."

"And when he found that Gantt had left and had discovered nothing, what burden rolled from him! No wonder he looked light-hearted. No wonder that he could read baseball stories and jokes. No wonder that his family could say that he had nothing on his mind."

"Another Thing on His

Mind That Night."

"But yet he had another thing on his mind before the night had gone. During the early hours his telephone rang, but he did not answer it. Honest old Newt Lee notified the police and tried to notify him."

"But Frank did not answer. He says he heard the telephone but faintly, or he imagined he heard it."

"But the police heard the call, and they went down into that basement and found something. They found the body of little Mary Phagan cruelly murdered, the cold body lying on the ground where it had been left for Jim Conley to burn."

"Jim had taken his nap, though, and had not come back. The policemen took the body to the undertaking establishment, and at daybreak they started to get up Frank again. And when they got him he was anxious to know if there had been a fire."

"And, gentlemen, aside from the conversation that took place, every officer and every man who was with him that morning will tell you that he was nervous; that he was shaking like a leaf; that he rubbed his hands and was completely filled with nervousness."

"But, gentlemen, he is a wonderful man. Though he stood there and quivered that Sunday morning, not a one of you can say can say that during this trial you have seen him quiver once. He is as calm and cool as any man in the courthouse, to all intents and purposes."

"But the morning after the crime he was as weak as a cat. He was a nervous; he was trembling like a leaf. The people in the automobile on the way to the undertaking establishment felt him tremble."

Holds Up Time

Slip to Jury.

"What was his conduct when he got down there to the morgue? He did not look on his victim, on whom he had lustful eyes for weeks. He fled; he could not pay the proper respect to a dead body. He went behind a curtain, a place where he had no business to go. He rushed out and waited for the rest."

"Did he identify her? No; he said he thought it was the girl he had paid off the day before. He had to go back to the records; he had to look up and see what her name was. Still he had seen her every day as he passed the machine where she worked."

"It was the same girl he called Mary; it was the same girl he tried to engage in conversation; it was the same girl on whose shoulder he placed his hand."

"What did he do with the time slip that was put in the night before? He said, after looking at it, that it was properly punched. Others looking over his shoulder agreed to it. Darley himself agreed to the error."

At this point Attorney Hooper produced the time slip which he held up before the jury.

"There weren't any marks on it then," he continued, "Frank said it was perfect. He told the night watchman: I know you didn't do it, Newt.' But he found that he was getting himself in trouble."

Bloody Shirt

Also Exhibited.

"He asked himself why he had said anything about the slip until he had had time to fix it up."

"The next day comes Holloway, his right-hand man, saying that he had the slip and that it had two misses on it. Frank made some remarks about Newt Lee."

"John Black, suspecting that the negro might know something about the crime, went out to Newt Lee's house and in a trash barrel he found this."

The bloody shirt was held up by Hooper before the jury.

"Somebody had to plant a shirt out at Newt Lee's. Somebody did plant a shirt out at Newt Lee's."

"Did you notice how minutely Frank described his movements all day Sunday and all Sunday night? That struck me as very suspicious."

"Newt Lee said: If that is a machine-made shirt it is not mine, and if it is a home-made shirt, it is mine." And behold! It was a home-made shirt.'"

"These remarkable discoveries were made when the shirt was found. You will find that the blood is on both sides of the shirt. And not in corresponding places."

"There is only one explanation it was used to wipe up a pool of blood. It did not have the distinctive negro odor; it had not been washed. The button holes and not been opened up since it came from the laundry."

"Willing and Anxious

To Sacrifice Negro."

"Remember please that that morning this defendant had brought up a time slip with skips showing that newt Lee had not made all the punches. Gentlemen, he was willing and anxious to have that negro's life sacrificed to save himself."

"The Bible says: What will a man not give for his life?' He was willing to give up Gantt, but never one word did he say against Conley. Conley was his friend and associate. That poor negro got arrested for washing a shirt to go to Frank's trial."

"Frank never accused him until the Newt Lee scheme and the other schemes had fallen through. As a last resort the defense was thrown his whole attack on Conley."

"There is one other thing I want to mention that big stick and the little piece of paper found by the shrewd, smart Pinkerton detectives who can find anything, even an elephant, on a floor. These were found after numerous searches, weeks after the murder."

"Unfortunately, they showed the slip of paper to Mr. and Mrs. Coleman, but there was a figure 5' on this piece of paper, purporting to be a part of Mary Phagan's pay envelope."

"When they came on the stand with that evidence, the figure 5' had been conveniently removed. It fitted the amount Mary Phagan drew that week."

"Doctors say the word on Mary Phagan's head could not have been made with a stick like they exhibited. No scientific tests for blood were made on it. Yet the defense introduced it as the possible weapon that caused her death."

"Where is Mincey?"

Hooper Asks.

"An inquiry has been made about a man named Mincey. Conley went on the stand and was asked if he did not make certain statements to Mincey about killing a girl. The only purpose of these questions was to introduce Mincey to clear up this whole affair."

"My recollection was he was brought into the courtroom and sworn with the other witnesses."

Rosser: "You are mistaken."

Hooper: "I may be, but where is Mincey? It looked like the whoel fight was to be about him. Frank was to be cleared, Conley convicted. But there has not been one word from him."

"Gentlemen, I am not going to take up any more of your time. I wanted to open up the case fairly and squarely to show you and the defense your positions on these various points."

Hooper concluded. Then Judge Roan asked Solicitor Dorsey to cite the authorities upon which he expected the court to base its charge to the jury.

Solicitor Dorsey requested Mr. Hooper to do it for him.

The jury retired for a short recess and Dorsey sent his deputies out for a number of court decisions.

"Use Common Sense,"

Hooper Tells Jury.

After the jury returned to the box, Hooper read from a great many authorities on the question of a reasonable doubt and the quality of circumstantial evidence.

"I have heard men say that they thought one thing but when they were on a jury they had to decide another way," said Hooper. "That being on a jury made a whole lot of difference, but it was never intended that such should be the case."

"If you gentlemen believe beyond a reasonable doubt, that is the way you should decide. You should decide this case as you would in your own home. You are supposed to use your common sense in arriving at a conclusion in this case, for the law is supposed to be common sense in its highest form."

"The absolute certainty is not obtainable. The most that can be obtained is the moral certainty, which has been described as being an absolute certainty."

"It is unfair for a jury to be charged that direct evidence is superior to circumstantial evidence. And it is against the law to charge a jury that circumstantial evidence is inferior to direct."

Alibi Must

Be Complete.

"Citing other authorities, Hooper said: "If the facts of the case point unerringly to the guilt of this defendant, then to all intents and purposes his guilt is as certain as though the evidence was direct."

"The proof of good character," Hooper continued, "will not hinder a conviction if the evidence against the defendant is sufficient. Even though the proof of good character is not attacked, as it was in this cage, the evidence in the case is enough to overbalance the character testimony."

"An alibi must exclude the possibility of the presence of the defendant at the place and the time the crime was committed."

"You are not to be governed by any opinion that counsel may express, but by the evidence presented."

"If a party is apprised of the evidence against him and does not explain or controvert it, the strongest presumption is that it is true."

PAGE 20

GEORGIA'S GREATEST

MURDER TRIAL NEARS

ITS FATEFUL CLOSE

By JAMES B. NEVIN.

The evidence in the Frank case all has been delivered; the last word has been spoken, both for and against the defendant, so far as the witnesses are concerned.

It only remains for the lawyers to argue the matter to the jury and then, after the court has given the jury the law in charge, there will remain only the verdict to record.

The most complex difficult elusive and mysterious murder case in the entire criminal history of Georgia is nearing its end.

It is doubtful whether any of us ever shall see the like of the Frank trial again.

Lawyers give it as their opinion that it has been, in a dozen or more ways, the most extraordinary proceeding ever coming under their observation and certainly the newspapers of the State never have been called upon to handle a story so amazingly strange in its varied and sometimes astonishing ramifications.

The Phagan case for as such it will go down in history, rather than as the Frank case has combined within itself all that goes to make for intense and insistent heart interest.

It has revolved about a sweet little working girl, tragically, and cruelly and brutally killed murdered in the first flush of young and promising womanhood, who probably never knew, and if knowing, still not comprehending, why that awful fate should have come upon her so suddenly and so unavoidably!

It has involved the honor and the home happiness of a young business man, theretofore of unblemished integrity and standing in one of the most cultured cities in the world; it has stormed about two household, equally unoffending within themselves; it has concerned itself with the love of two mothers, and it has made to bleed the heart of a wife, and has brought sorrow unspeakable to the minds of hundreds of loving friends, both the accused man and the dead girl.

Sleeping Prejudice Aroused.

It has, with sordid emphasis, suppressed but unmistakable, made manifest deep-seated prejudices and opinions gathering as it swept along many things foreign to the real point in issue, until the one big stake the cards must settle presently has, at times, been completely lost sight of, and even now is not easy to locate with certainty.

The Phagan case has run the entire scale of human emotions there is little by way of sinister or grim appeal that has not been, somehow and sometime, injected into it!

But, after all is said and done, perhaps the matter has been thrashed out thus far in the light of the biggest intelligence that might have been applied to it.

At times, fate has seemed all too unkind to the defendant; at times the State has seemed unduly stooped from proceeding as it thought it had a right to proceed.

Undoubtedly things have been said and done by both sides to the Frank trial that, as strict matters of law and justice, never should have been said or done.

Frank has had to answer not to the charge of murder alone as the indictment contemplated he should but to two charges.

The one means an ignoble death if sustained; the other means a worse than ignoble life thereafter in the penitentiary.

In a measure, too, the charge of murder has been swallowed up and obscured by the other monstrous thing and yet one can hardly see wherein the defense may complain of that, in that the second charge got into the record with the consent of the defense, if not almost by its invitation.

Scales Held With Even Hand.

Judge Roan and in this, at least I think the public is agreed, has tried his level best to hold the balances even. If there be error in his rulings, they have been errors of the head and not of the heart, I take it. And, error or no, he has maintained an impartial average of judicial favor, so to speak, and he will come through unsullied and uncriticized.

What effect upon the jury the evidence will have is highly speculative and problematical.

If the jury were not composed of human beings and could confine itself to those things alone. It has ben legally held to the pathway to acquittal of Frank might seem brighter.

But the trial been so long drawn out, so full of perplexing detail, so worrying and fretting to simple analysis, so mixed as to issues, and so disconcerting in sequence of testimony, that one is at a loss to imagine just what the jury MUST think of it all now.

In its strict legal aspect, the case against Leo Frank, while fully well held together and set forth by the solicitor General, still is not such a case as would prompt one to predict sure conviction.

Neither, however, has the defense been of a nature warranting a prediction of sure acquittal.

If the technically legal case could be differentiated in the mind of the jury from the psychological case if the pleadings could be confined strictly to the primary issue, murder, and not in any manner confused with the other unmentionable issue brought into the case the probably finding of the jury would be easier to anticipate and forecast.

If Frank might have been tried for murder, pure and simple, NOW, and LATER tried for the other thing, the problem of the jury might, and doubtless would, be simplified immensely.

But to expect the jury to separate tin its mind entirely the two things Frank is answering for is almost to expect of it the impossible the superhuman!

Jury but a Part of the Public.

It has been seemingly impossible for the public to do that and, after all is said and done, the jury is but a portion of the public, made more careful in forming its opinions, to be sure, by the sole solemn oath it has taken, but merely a portion of the great public nevertheless!

The big card played against Frank was the negro sweeper, Conley.

Upon the astonishing story turns the State's entire case, from every point of view.

Conley it was who first pointed the direct finger of accusation toward Frank and fixed upon him the awful charge of murder, and Conley it was who first spoke the word of unspeakable scandal that has made Frank's road to acquittal a thousand times hard to journey.

Pitted against Conley is Frank, almost and pathetically alone!

He made a remarkable statement it carried with it every indication, so far as the surface of things seemed to show, of truth and straight forwardness.If it shall so fall out that he be acquitted, that statement must and will be credited with a tremendous share of the responsibility thereof.

It has behind it, too, some things that the Conley statement has not among other things, a long record of respectability, integrity and business standing, vouched for by an abundance of very high class evidence as to Frank's character.

And yet it was not delivered on oath, and it certainly carried a load of self interest.

Undoubtedly much has crept into the case, or been lugged in, that is irrelevant, but well, it is in, and that is the end of it, perhaps!

If Frank is convicted there will be grounds innumerable for asking new trial; and if that is refused, there will be an abundant assignment of error whereby a reversal possibly may be had later and a new trial ordered.

Frank, however, has staked his all and everything on acquittal to be denied that is to be denied the hope of all hopes that sustain him today!

And so, after the evidence is all in, and the public at least is face to face with the forthcoming verdict after four months of nerve-racking suspense, swung this way and that, and never knowing exactly what to think there is but one thing human beings of normal minds and pose can do today.

They must await the verdict with minds prepared to accept it as the truth the very best human ingenuity and the forms of law can establish by way of justice and right.

Either an acquittal or a conviction the one final, and the other a matter to be reviewed would be the finish of this trial most satisfactory to the public.

All that any man SHOULD desire all indeed, that any honest man CAN desire is that the truth be recorded in the Frank case. In the light of reason, common sense and justice, as man is given the light to see!

Both the defendant and the State have much at stake the one has his life and his liberty, the other has the majesty of the law, which is the protection of the lives and liberties for all.

It is easy to find fault, to say that a mistake was made here and there; that sins of commission and sins of omission marked the progress of the trial from both sides.

But that and none of that, gets us away from the fact that the trial has been as fair and square as might have been expected and whatever the verdict, no man will have the right to say that undue favor has been shown.

The verdict of the jury "twelve good men and true" that the public should be, prepared to accept loyally, and sincerely, as the TRUTH of the Phagan murder, in so far as Leo Frank is concerned therein.

PAGE 21

HOOPER BEGINS ARGUMENT

Expect Frank Case to Go to Jury Friday Night

PRISONER STOICALLY

CALM AS STATE ASKS

FOR DEATH PENALTY

A vigorous plea to the jury for the conviction of Leo M. Frank, accused of the murder of Mary Phagan, was begun Friday morning by Frank A. Hooper, associated with Solicitor Dorsey in the prosecution, and marked the opening of the final chapter in the State's greatest criminal trial.

Methodically and clearly Attorney Hooper took by the case that had been made out against the prisoner and proceeded to forge the links into a chain which he said proved guilt.

Frank never flinched under the attack. He looked unblinkingly at Hooper as the State's attorney asked for his life. He was as cool as ever once again the stoic prisoner.

Before Thursday's session began Frank had expressed himself as entirely confident of the outcome.

"I am certain that I will be acquitted and set right before the world," he said. "It has been a terrible ordeal, but I await the outcome with the utmost confidence."

"May it please your honor and gentlemen of the jury," began Mr. Hooper, "the object of this trial, as of all other cases, is the ascertaining of truth and attainment of justice. I want to distinctly impress upon you the correctness of our position. We want it distinctly understood that burden of proving him guilty is on our shoulders. We recognize that this has got to be done beyond a reasonable doubt, and from the evidence. We cheerfully assume this burden."

"There is not one connected with the prosecution who would see a hair of the head of this man injured wrongfully."

"We want him to have the rights and protection of the law just as any other citizen. He is entitled to the protection of the law just as any other citizen.

"But another thing: He is not entitled to any more. He is not, on account of his high position and wealthy connections, entitled to any more than any other defendant. The strong arm of the law is strong enough to reach to the highest places and do justice there."

"It is strong enough to reach down into the gutter and regulate the lives of the lowliest. I am not going to undertake to go over all the facts in this case."

Believes Firmly

In Frank's Guilt.

"I congratulate you, gentleman of the jury, that the case is nearing an end. I have felt sympathy for you, because you not only have worked hard, but you have been deprived of your liberty and the enjoyment of your homes. In one sense of the word, you have been in jail."

"There has never been a criminal case in Georgia that has been so long. There has been no trial so important or the result of which will be so far reaching, and that only makes the responsibility on you the greater."

"There is one other thing that I want to say to you before I go into the facts of the case. This man ought not to be convicted simply because someone has to be, nor because of the law that demands an eye for an eye and a life for a life. We think the evidence shows him to be guilty beyond any reasonable doubt."

"In taking up this evidence I am considering you deeply, I am considering the strain you have been under. I am thinking deeply; in fact, I am trying to make myself as one of you twelve men, and in attempting to bring this to a conclusion I am striving to get at the truth."

"Let's see what the situation was on Memorial Day, Saturday April 26. Here is this great big pencil factory, which was being run by a number of men with this defendant in charge. Let us consider the conditions that existed there and, gentlemen. I must say that I am not proud of these conditions.

Witnesses Incensed

By Factory Conditions.

"But to get to the real facts of this case; to come to a full realization of just how things occurred, we must understand the conditions that existed here absolutely before we can proceed with this case. The character of this place was one to make us think deeply. The evidence which has been laid before you here has been of the kind to make one doubly serious. Take the defendant. Between 25 and 40 girls have come before you and said that his character was good."

"They spoke in the highest terms of him. That must be considered. But on this charge this is negative evidence. But also consider that we have brought before you girl after girl who told of his character being bad; who told of the immoral conditions that existed in this great pencil factory, and, gentlemen of the jury, most of these girls had quit working at that factory from two years to three weeks before the time of this trial."

"Every one of them said his character was bad. Did you notice the emphasis with which they said it was bad? And did you notice that they would have told more if they could have been allowed to? Did you notice how highly incensed they felt toward the immoral conditions which existed at this factory?"

Weary Lawyers

Welcome Close.

Four weary and exhausted lawyers welcomed the close of the State's and defense's cause in the trial of Leo Frank Wednesday afternoon. The strain had told markedly on all of them. The one who showed the lightest effects of the long grill was Frank A. Hooper, associated with Solicitor Dorsey in the prosecution.

The reason of this was that the Solicitor had borne by far the heaviest burden in the preparation of the case and in the examination and cross-examination. His associate was able to take his work more easily and assumed a part in the active work only at intervals.

The nerves of the others were unmistakably on edge and they were glad to hurry along the testimony toward the end of the trial so as to get ready for the final bitter struggle Thursday in the arguments for and against Frank. The end came at 5:14 Wednesday night when the defense after conducting a brief sur-rebuttal announced "closed."

Judge Roan said the arguments would begin on Thursday morning at 9 o'clock. He had no disposition to limit the time of the arguments he said, as so much evidence had been introduced that he did not think the attorneys should be bound. It was regarded as likely that Frank Hooper

PAGE 22

ATTORNEYS EXPECT TO

SEND FRANK CASE TO

JURY FRIDAY NIGHT

would open for the State and Attorney Rosser would follow him with a comparatively brief argument possibly one of an hour and half or two hours.

Attorney Arnold was expected to close for the defense with an address fully three hours long. It was known that Solicitor Dorsey would reserve the right to close.

Dorsey Still

Hammers Character.

Solicitor Dorsey devoted Wednesday mostly to an attack on the character of Frank and to the substantiation of the statements made on the stand by his star medical witness. Dr. H. F. Harris, secretary of the State Board of Health.

He called one girl after another who had worked in the pencil factory to testify that Frank's general character was bad and that his moral character was bad. The defense declined to cross-question girls and as a result it was impossible for the State to point out any specific acts of immorality on the part of Frank.

The exclusion of everything but the general estimate of Frank's character, unless the defense itself desired to go into the particulars, was the result of a ruling by Judge Roan at the outset of the day's proceedings.

Because of this decision, the Solicitor was unable to obtain the testimony of one young woman who was prepared to say that Frank had made improper advances toward her and the testimony of another who the Solicitor said, had seen the defendant with a woman one time in the factory.

Later in the day Miss Nellie Pettis, who gave damaging testimony in respect to Frank's character at the Coroner's inquest, was called, but she was not allowed to repeat what she had said at the inquest, but only to give her opinion that his character was "bad."

The ruling out of the specific note of alleged immorality and improper conduct constituted a great victory for the defense, as it leaves with the jury the declarations of the girls that Frank's character was bad without any particular instances to back up the opinions.

Experts Uphold

Harris Testimony.

Three well-known physicians and medical instructors were called in the forenoon and testified that the statement of Dr. Harris that Mary Phagan came to her death within half or three-quarters of an hour after she had eaten April 26 was not a wild and reckless guess. All of them thought that the time could be estimated with a fair degree of accuracy, but they were inclined to place the time intervening between the Phagan girl's meal and her death at nearer an

Those who testified on this point were Dr. Clarence Johnson, stomach and intestinal specialist; Dr. George N. Niles, an instructor at the Atlanta Medical College, and Dr. John Funke, professor of pathology and bacteriology. Dr. Funke agreed with Dr. Harris that the Phagan girl had been the victim of criminal violence, but thought there was less certainty about the time the cabbage had been in her stomach before she met her death.

Miss Ruth Robinson and Miss Dewey Hewell testified that they had seen Frank speak to Mary Phagan on several occasions and had heard him call her by her first name. Frank, in a brief statement before the State closed, denied that he ever had called the girl by any name. He also denied the story of Will Turner, told the day before. Turner said that he saw Frank trying to engage Mary in conversation against her will.

Mrs. Myrtice Cato and Miss Maggie Griffin created a sensation by their testimony that they had seen Frank enter the dressing room in the fourth floor with Miss Rebecca Carson on several occasions. This testimony was fought bitterly by the defense on the ground that it violated his ruling against specific acts charged to the defendant. Frank's lawyers were overruled on this point.

Miss Carson was called and denied indignantly that such an occurrence ever had taken place. Frank in his closing speech to the jury came to the defense of Miss Carson and declared that the testimony was most unfair to the young woman, as she was of unblemished reputation so far as he knew.

Car Schedules

Sometimes Varied.

Several street car men were called to testify that it was not unusual for the car on which Mary Phagan came to town to arrive ahead of schedule. Motorman Matthews and Conductor Hollis had testified that they never arrived ahead of time.

An effort was made in the sur-rebuttal of the defense to discredit the stories of the two men, M. E. McCoy and George Kendley, who had sworn they saw Mary Phagan at noon or within two or three minutes after on the day she was killed. A pawnbroker was called and showed in his books that McCoy had had his watch in pawn there from some time before the crime until August 16.

McCoy had said that he looked at his watch just before he saw the Phagan girl. Other witnesses testified that Kendley was notorious for his vilification of Frank and that he had declared he would be one of a mob of men to lynch him if he were freed by the jury.

PAGE 23

GEORGIA'S GREATEST

MURDER TRIAL NEARS

ITS FATEFUL CLOSE

By JAMES B. NEVIN.

The evidence in the Frank case all has been delivered; the last word has been spoken, both for and against the defendant, so far as the witnesses are concerned.

It only remains for the lawyers to argue the matter to the jury and then, after the court has given the jury the law in charge, there will remain only the verdict to record.

The most complex difficult elusive and mysterious murder case in the entire criminal history of Georgia is nearing its end.

It is doubtful whether any of us ever shall see the like of the Frank trial again.

Lawyers give it as their opinion that it has been, in a dozen or more ways, the most extraordinary proceeding ever coming under their observation and certainly the newspapers of the State never have been called upon to handle a story so amazingly strange in its varied and sometimes astonishing ramifications.

The Phagan case for as such it will go down in history, rather than as the Frank case has combined within itself all that goes to make for intense and insistent heart interest.

It has revolved about a sweet little working girl, tragically, and cruelly and brutally killed murdered in the first flush of young and promising womanhood, who probably never knew, and if knowing, still not comprehending, why that awful fate should have come upon her so suddenly and so unavoidably!

It has involved the honor and the home happiness of a young business man, theretofore of unblemished integrity and standing in one of the most cultured cities in the world; it has stormed about two household, equally unoffending within themselves; it has concerned itself with the love of two mothers, and it has made to bleed the heart of a wife, and has brought sorrow unspeakable to the minds of hundreds of loving friends, both the accused man and the dead girl.

Sleeping Prejudice Aroused.

It has, with sordid emphasis, suppressed but unmistakable, made manifest deep-seated prejudices and opinions gathering as it swept along many things foreign to the real point in issue, until the one big stake the cards must settle presently has, at times, been completely lost sight of, and even now is not easy to locate with certainty.

The Phagan case has run the entire scale of human emotions there is little by way of sinister or grim appeal that has not been, somehow and sometime, injected into it!

But, after all is said and done, perhaps the matter has been thrashed out thus far in the light of the biggest intelligence that might have been applied to it.

At times, fate has seemed all too unkind to the defendant; at times the State has seemed unduly stooped from proceeding as it thought it had a right to proceed.

Undoubtedly things have been said and done by both sides to the Frank trial that, as strict matters of law and justice, never should have been said or done.

Frank has had to answer not to the charge of murder alone as the indictment contemplated he should but to two charges.

The one means an ignoble death if sustained; the other means a worse than ignoble life thereafter in the penitentiary.

In a measure, too, the charge of murder has been swallowed up and obscured by the other monstrous thing and yet one can hardly see wherein the defense may complain of that, in that the second charge got into the record with the consent of the defense, if not almost by its invitation.

Scales Held With Even Hand.

Judge Roan and in this, at least I think the public is agreed, has tried his level best to hold the balances even. If there be error in his rulings, they have been errors of the head and not of the heart, I take it. And, error or no, he has maintained an impartial average of judicial favor, so to speak, and he will come through unsullied and uncriticized.

What effect upon the jury the evidence will have is highly speculative and problematical.

If the jury were not composed of human beings and could confine itself to those things alone. It has ben legally held to the pathway to acquittal of Frank might seem brighter.

But the trial been so long drawn out, so full of perplexing detail, so worrying and fretting to simple analysis, so mixed as to issues, and so disconcerting in sequence of testimony, that one is at a loss to imagine just what the jury MUST think of it all now.

In its strict legal aspect, the case against Leo Frank, while fully well held together and set forth by the solicitor General, still is not such a case as would prompt one to predict sure conviction.

Neither, however, has the defense been of a nature warranting a prediction of sure acquittal.

If the technically legal case could be differentiated in the mind of the jury from the psychological case if the pleadings could be confined strictly to the primary issue, murder, and not in any manner confused with the other unmentionable issue brought into the case the probably finding of the jury would be easier to anticipate and forecast.

If Frank might have been tried for murder, pure and simple, NOW, and LATER tried for the other thing, the problem of the jury might, and doubtless would, be simplified immensely.

But to expect the jury to separate tin its mind entirely the two things Frank is answering for is almost to expect of it the impossible the superhuman!

Jury but a Part of the Public.

It has been seemingly impossible for the public to do that and, after all is said and done, the jury is but a portion of the public, made more careful in forming its opinions, to be sure, by the sole solemn oath it has

FORMER EMPLOYEES

WHO ATTACK FRANK

MISS MYRTICE CATO.

MISS MARIE KARST.

taken, but merely a portion of the great public nevertheless!

The big card played against Frank was the negro sweeper, Conley.

Upon the astonishing story turns the State's entire case, from every point of view.

Conley it was who first pointed the direct finger of accusation toward Frank and fixed upon him the awful charge of murder, and Conley it was who first spoke the word of unspeakable scandal that has made Frank's road to acquittal a thousand times hard to journey.

Pitted against Conley is Frank, almost and pathetically alone!

He made a remarkable statement it carried with it every indication, so far as the surface of things seemed to show, of truth and straight forwardness.If it shall so fall out that he be acquitted, that statement must and will be credited with a tremendous share of the responsibility thereof.

It has behind it, too, some things that the Conley statement has not among other things, a long record of respectability, integrity and business standing, vouched for by an abundance of very high class evidence as to Frank's character.

And yet it was not delivered on oath, and it certainly carried a load of self interest.

Undoubtedly much has crept into the case, or been lugged in, that is irrelevant, but well, it is in, and that is the end of it, perhaps!

If Frank is convicted there will be grounds innumerable for asking new trial; and if that is refused, there will be an abundant assignment of error whereby a reversal possibly may be had later and a new trial ordered.

Frank, however, has staked his all and everything on acquittal to be denied that is to be denied the hope of all hopes that sustain him today!

And so, after the evidence is all in, and the public at least is face to face with the forthcoming verdict after four months of nerve-racking suspense, swung this way and that, and never knowing exactly what to think there is but one thing human beings of normal minds and pose can do today.

They must await the verdict with minds prepared to accept it as the truth the very best human ingenuity and the forms of law can establish by way of justice and right.

Either an acquittal or a conviction the one final, and the other a matter to be reviewed would be the finish of this trial most satisfactory to the public.

All that any man SHOULD desire all indeed, that any honest man CAN desire is that the truth be recorded in the Frank case. In the light of reason, common sense and justice, as man is given the light to see!

Both the defendant and the State have much at stake the one has his life and his liberty, the other has the majesty of the law, which is the protection of the lives and liberties for all.

It is easy to find fault, to say that a mistake was made here and there; that sins of commission and sins of omission marked the progress of the trial from both sides.

But that and none of that, gets us away from the fact that the trial has been as fair and square as might have been expected and whatever the verdict, no man will have the right to say that undue favor has been shown.

The verdict of the jury "twelve good men and true" that the public should be, prepared to accept loyally, and sincerely, as the TRUTH of the Phagan murder, in so far as Leo Frank is concerned therein.

PAGE 24

BOTH SIDES CLOSE IN FRANK TRIAL

*******************************************************************

Prisoner On Stand Again; Case Nears Jury

DORSEY SNAPPED IN ACTION IN HOT CLASH AT TRIAL

SOLICITOR HUGH DORSEY FRANK DENIES THAT HE KNEW DEAD GIRL; DEFENDS EMPLOYEE

The end of the trial of Leo M. Frank, except for the arguments, came at 5:14 Wednesday afternoon. The State closed its case at 4:10, and as soon as certain pieces of documentary evidence had been submitted by Solicitor Dorsey, the defense began its brief sur-rebuttal.

The arguments will begin at 9 o'clock Thursday morning. Judge Roan said that he did not propose to cut the attorneys in the length of their speeches. So much evidence has been submitted that the judge did not think the attorneys should be bound.

Frank took the stand just before adjournment and made a statement to rebuttal or several of the charges of improper conduct that had been made against him in the State's rebuttal. He made positive denial that he ever had gone into the dressing room on the fourth floor with Miss Rebecca Carson, a forelady, defending her character, and asserted again that he did not know Mary Phagan by name.

"The statement of that Turney boy is false," he declared. "The testimony of two young women that they heard me call Mary Phagan by her first name is a mistake. I did not know her name and could not have called her/ - McKnight/Mary Phagan!"

"I may have spoken to her. I speak to most of the employees."

"The statement that I entered the dressing room with Miss Rebecca Carson is utterly false. It is unfair to the young lady. So far as I know, she is a young woman of unblemished character."

The strong probability Wednesday night was that Frank's fate would be in the hands of the jurors late Thursday or some time during Friday's session.

The close of the State's case was marked by a severe grilling of Detective J. V. Starnes by Attorney Rosser. The lawyer tried to make it appear that Starnes had kept Minola McKnight locked up and had given her the third degree until she finally had signed the affidavit incriminating Frank in order to obtain her release.

Dorsey put in evidence statemetns of Miss Hattie Hall, Wade Campbell

The State finished the submission of its documentary evidence at 4:50 o'clock and the defense called for T. Y. Brent, who said he had heard Conductor Kenley, a State's witness, vilify Frank.

Harry Scott, Pinkerton detective, was recalled in an attack on Frank's own story, at the afternoon session Wednesday.

W. T. Dobbs, a member of the city fire department, directly contradicted W. N. Matthews, one of the defense's witnesses and motorman of the car on which Mary Phagan came to town April 26, in the course of his testimony in the Frank trial Wednesday afternoon.

Dobbs testified that he saw Matthews about three days after the crime and that Matthews told him that Mary Phagan, had ridden with him that day, that she got off at Marietta and Forsyth streets, and that the Epps boy was with her.

Matthews testified when on the stand that the Phagan girl did not get off at Marietta and Forsyth streets, but rode on to Broad and Hunter streets, and that he did not see the Epps boy with her.

L. S. Kendrick, who was night watchman at the pencil factory before Newt Lee was engaged, testified that he had gone to the factory frequently on Saturday afternoon, and on occasions had seen Jim Conley as well as other negroes hanging around on the first floor. Kendrick also said he had run a tape through the time clock since the murder making a record upon it, and that it had required only three or four minutes to do it. The tape was placed in evidence.

Ivy Jones, a negro drive, testified to seeing Jim Conley between 1 and 3 o'clock the afternoon of the murder. He said that he walked with Conley toward Conley's home and left him at Hunter and Davis streets.

J. D. Reed, a tile layer, was called for the purpose of impeaching the testimony of W. T. Hollis, conductor on the car on which Mary Phagan came to town. Reed and Hollis had told him that Epps had go on that car with the girl and that the two had talked together as though they were sweethearts.

Progress in Attack

On Frank's Character.

Solicitor Dorsey renewed his determined attack upon the character of Leo M. Frank Wednesday, and for the first time since the testimony of Jim Conley and the insurance man, Ashley Jones, was able to make a little progress in the introduction of this sort of testimony.

Having found the opening, the Solicitor made the most his advantage, and before the noon recess had arrived ten witnesses, most of them young girls, had arrived ten witnesses, most of them young girls, had sworn that Frank's general character was bad and that his moral character was the same.

The most sensational bit of testimony involved one of the foreladies. Two of the girls who formerly had worked in the factory, Miss Myrtice Cato and Miss Maggie Griffin, testified that they had seen Frank go into the dressing room on the fourth floor with Miss Rebecca Carson, who was a witness for Frank only a few days ago.

Miss Cato said she had seen the two go into the dressing room on two occasions. Miss Griffin testified it had

PAGE 25

DORSEY FIGHTS HARD TO BOLSTER UP DR. HARRIS' EVIDENCE

Ends His Case With Hard Assault On Defense; Leo Frank Testifies Again

MARY PHAGAN VICTIM OF

CRIMINAL VIOLENCE, SAYS

DR. JNO.FUNKE ON STAND

Continued from Page 1.

occurred three or four times to her knowledge.

Miss Carson was called by the Solicitor and indignantly denied that such an occurrence ever had taken place.

Saw Frank Lay Hand

On Mary's Shoulder.

Of even greater importance, although of less sensational interest was the testimony of Miss Dewey Hewell, who swore that Frank was in the habit of talking frequently to Mary Phagan; that he called her by name, and that he stood close to her and laid his hand familiarly on her shoulder. She was not able to relate the subject of the conversations when she was cross-examined. She did not know but that Frank might have been talking about her work.

Miss Ruth Robinson corroborated the Hewell girl in her testimony. Miss Rawal was brought from the Home of the Good Shephard in Cincinnati to testify against Frank. Neither was able to say that there had been anything improper or unusual in Frank's talk with Mary.

N. Kelly, an employee of the street railway company, said that he stood at Forsyth and Marietta streets April 26 and took the English avenue car at 12:02 to Alabama street. He said he knew Mary Phagan and that she was not on this car from Forsyth and Marietta streets. His testimony if believed by the jury is extremely important to the State, as it supports the State's contentions in two respects first, that Mary Phagan go off the car at Forsyth and Marietta streets, and, second, that the car was considerably ahead of time. Other street car employees testified that 11 was not unusual for the English avenue car, due at 12:07, to come in ahead of the Fair street car, which is due at 12:05.

Experts Corroborate

Harris' Evidence.

Solicitor Dorsey, successful in his endeavor to re-open the question of the time Mary Phagan met her death as judged by the condition of the food found in her stomach, gathered a brilliant array of stomach and intestinal specialists Wednesday to lead in an onslaught against the testimony of the experts called by the lawyers for Leo Frank.

Dr. Clarence Johnson, a well-known Atlanta specialist, on being asked a hypothetical question embracing the condition in which the cabbage in Mary Phagan's stomach was found, gave it as his opinion that the girl came to her death within an hour after the digestion began.

This corroborated in a measure the testimony of Dr. Harris, who estimated the time at from half to three-quarters of an hour after the cabbage had been eaten.

Dr. George M. Niles, who holds the chair of gastro-enterology at the Atlanta Medical College, swore that digestion could not have progressed more than an hour under the conditions described. He was quite positive digestion had progressed less than an hour.

Dr. John Funke, professor of pathology and bacteriology at the Atlanta Medical College, testified that he had been shown sections of the organs of Mary Phagan by Dr. Harris, a circumstance which had not been made known until this point in the trial. The defense had made his experiments and analysis in secret and had consulted no other expert.

Dr. Funke later admitted that he had not made the examination until about a week ago after the charges had been made and he had been asked by Dr. R. T. Dorsey, brother of the Solicitor, to inspect the specimens.

Asserts Girl Was

Criminally Attacked

This expert corroborated Dr. Harris in his declaration that Mary Phagan was a victim of criminal violence, but he fell somewhat short of substantiating Harris on the time the cabbage had been in the stomach before the digestive processes had been stopped by death.

Being pressed for a definite answer on this point, he said:

"One can not say positively, but it is reasonable to assume that digestion probably had progressed an hour, maybe a little more, maybe a little less."

Dr. Johnson was extremely cautious in his answers. He dictated his replies slowly and studiedly to the court stenographer and picked his words and phrases most carefully.

He said first in reply to questions by the Solicitor that it was his scientific opinion that the digestion of the cabbage and bread in Mary Phagan's stomach had stopped within an hour after they were eaten. Attorney Arnold, however, got the expert to change his answer to "within an hour after digestion had begun," forcing Dr. Johnson to admit that the beginning of digestion many times is delayed by poor mastication or overdilution of the gastric fluids. The witness would not undertake to say how long it was before the first processes of actual digestion had begun in the case of Mary Phagan.

Much surprise was occasioned when it was learned that Jim Conley had been brought to the courthouse at the command of Solicitor Dorsey. It was rumored that he would go on the stand, but Solicitor Dorsey insisted that he had him brought over merely to have him identified by persons who could swear to his good character.

Defense Puts Up

Hard Battle.

A lively argument over the State's proposal to call three or four prominent physicians to controvert the testimony of the defense's medical experts marked the opening of the Frank trial Wednesday.

Luther Rosser and Reuben Arnold vigorously fought the introduction of witnesses for this purpose in the State's rebuttal. Solicitor Dorsey maintained he had a perfect right to develop as much testimony along this line as he wished.

The defense took the attitude that all of their medical experts were called only for the purpose of rebutting the testimony of Dr. H. F. Harris, secretary of the State Board of Health, who will go down in the history of the Phagan case as the witness who professed to determine the time that intervened between the time that Mary Phagan left home and the time she was killed by the condition Umme she was killed by the condition of some undigested cabbage in her stomach.

Attorney Arnold argued that if the State had wished to obtain the testimony of other medical experts to corroborate the statements of Dr. Harris, they should have been called in the original presentation of the State's case instead of in the rebuttal.

He said that the defense had not attempted to cover any new points through the physicians they had on the stand and that these experts were questioned solely with the purpose in view of discrediting Dr. Harris.

Endless Process

Seen by Arnold.

"If this is to be allowed," said Arnold, "it will mean that it is to be simply an endless process. I never heard of such a thing before. If Mr. Dorsey is permitted to call all the medical experts he wishes to bolster up the testimony of Dr. Harris, I shall call back all of the experts we had on the stand."

The argument had its beginning late Tuesday afternoon when Dr. Clarence Johnson, a well-known Atlanta specialist, was called to the stand just before adjournment. Rosser and Arnold entered their objections the instant that Solicitor Dorsey began questioning the witness along the same line that he had questioned Dr. Harris when the State presented its case against the defendant.

"I just want to question this man in rebuttal of the defense's witnesses," insisted the Solicitor. "They testified that Dr. Harris was making a wild and reckless guess when he declared that Mary Phagan was killed within three-quarters of an hour after she ate and left home. I want to prove by Dr. Johnson and the other experts that I will call that this declaration of Dr. Harris was base don scientific principles that are well known to the physicians who specialize along those particular lines."

The Solicitor said that he had plenty of authorities to uphold him in his stand on the admissibility of the testimony in rebuttal and asked the judge to adjourn until Wednesday morning so that he might have time to look them up. The Solicitor got Dr. Johnson to buy before he left the stand that Dr. Harris was premising his statement upon substantial physiological principles and that it was in no sense a wild guess. It was the plan to recall Dr. Johnson to the stand again as soon as court opened Wednesday.

Expert Permitted to

Answer State's Query.

Dr. Clarence Johnson was called the Solicitor Dorsey resumed his argument on the admissibility of evidence supporting Dr. H. F. Harris.

"I have this authority," said Dorsey. "It has been the well-recognized practice to follow this course. I have not been able to put my hand on a specific authority, though I have looked for it for some time. However, I think your honor will recall that it is the uniform practice to allow the State to make out a prime facie case and go into the whole thing later. It is within the discretion of the court to allow a case to be reopened even after the State and the defense have rested."

"What I want to know is," said Judge Roan, "If you want to reopen this whole case."

"I have a right to do that," said Dorsey.

"Where would this thing end?" asked the judge. "They would have the right to rebut."

"Of course the court would not allow anything absurd."

"What is more absurd," asked Arnold, "than for the State to bolster up it's testimony after the matter is closed? I know some judges who have been elevated from the office of Solicitor General who would allow the State to bring in anything on rebuttal. If this is to be reopened, we are going to ask to be allowed to bring our experts to go over the rebuttal. If Dr. Harris' testimony needs bolstering, he should have put up the doctors at first."

"As a matter of right," said Judge Roan, "you (Dorsey) have not any. As a matter of discretion of the court you have. I will exercise that discretion in your favor, Mr. Dorsey. You may go on with the question."

Girl Died Within Hour

After Eating Cabbage.

Solicitor Dorsey had the court stenographer read the hypothetical question about the length of time the cabbage Mary Phagan ate had been in her stomach and whether a doctor could determine anything definite about the time of death or whether it would be a wild guess.

"The answer was:"

"To answer that question under the pain I have taken I would have to know whether the pathologist was thoroughly capable and employed the most modern scientific methods."

Q. Well, assume that he was, doctor? A. If a capable pathological found there was only combined hydrochloric acid with due consideration of other conditions as possible factors. I would express in my opinion scientifically that the digestion of the bread and the cabbage was stopped within one hour after eating.

The witness the addressed the court:

"Your honor, I would like to have my answer read to me by the stenographer." The request was granted.

Q. Is every stomach a law unto itself? A. No.

Arnold took the witness on cross-examination.

Q. What are some of the other possible factors? A. I didn't say that.

Q. What did they say then? A. I said there were probably factors in the cut of the bead and strangulation.

Q. Well, how would that affect digestion? A. Anything that disturbs the circulation of the blood would affect digestion.

Q. What did you mean by mechanical conditions? A. The thickness of the stomach, the size and the general appearance.

Q. Do you consider the color test reliable? A. Yes.

Q. It depends entirely on the eye of the man? A. Not exactly.

Q. If a man were color blind would it affect the test? A. Why, of course.

Says Digestive Juices

Disappear After Death.

Q. Now this acid has an ascending and descending scale, hasn't it? A. Yea.

Q. What is the highest degree of activity? A. Do you want my experience?

Q. No, the science. A. I think it varies from 30 to 40.

Q. What becomes of the pancreatic juices of the stomach after death? A. There are no pancreatic juices of the stomach. They are in the intestines.

Q. Well, what becomes of them after death? A. They would lose the chemical property in time, but the physical pancreatic juice would remain.

Q. What becomes of free hydrochloric acid after death? A. When the stomach disintegrates it disappears.

Q. But tell me, doctor, what becomes of the free hydrochloric acid after death regardless of time? A. It eventually disappears.

Q. What delays the beginning of the digestive process? A. If mastication was not good, or rather very bad, it would be delayed.

Q. Would walking delay it? A. Not unless it was a tiring walk.

Q. Well, when you answered Mr. Dorsey's question, you only meant one hour from the time digestion started and not how long it had been in the stomach? A. Yes.

Q. You said, as I remember it, that digestion began within an hour and was arrested? A. I prefer to have my answer read.

Q. The stenographer is taking every word you are saying. He will do you justice A. It is not justice for myself I want. I want to do justice to all.

"Yes, I know that," said Arnold, and, continuing:"

Q. Could you tell by looking at that cabbage how long digestion had been delayed? A. In my laboratory I could tell exactly. Here it would only be an estimate.

Witness Declines to

Guess at Anything.

Q. You mean a guess? A. I don't guess at anything.

Q. You never made any test on Mary Phagan's stomach? A. No.

Q. You are simply testifying what possibly might have been done? A. I am simply testifying to scientific truth.

The witness was excused and Dr. G. M. Niles, another stomach and intestinal specialist, and a professor at the Atlanta Medical College, and also author of a book on pellagra, was summoned. Dorsey questioned him?

Q. Does science recognize that every stomach is a law unto itself? A. Every healthy normal stomach has certain fundamental relations to all other healthy normal stomachs.

In answer to the hypothetical question embracing the case of Mary Phagan. Dr. Niles answered: "In the orderly process of the course of digestion, there should be purse hydrochloric acid in the course of on hour. I am answering my question regard to any psychic or physical shock. I am not going so much by the appearance of the cabbage as the statements of the results of the laboratory tests."

Q. What have you to say about

LEO FRANK'S MOTHER ON HER WAY TO COURT

MRS. REA FRANK.

variations of diseased stomachs? -

A. There are wide variations. Stomachs have idiosyncrasies, but where they are very marked I would not call them normal.

Q. There is nothing that differs as much as individual digestion, is there? A. I would say that a man's temperamental view of life differs more than that.

Q. How long does it take cabbage to digest? A. I can not answer that question absolutely.

Q. Don't you know what the books say from four to four and one-half hours? A. I can not answer that specifically.

Q. What is the longest time you have known cabbage to remain in a fairly normal stomach? A. Four or five hours.

Q. You found it there in a normal stomach five hours, haven't you? A. The remains of it.

Q. Is starch one of the carbohydrates? A. Yes.

Cabbage Had Not Been

In Stomach Three Hours.

Q. Then the digestion should begin in the mouth? A. That is the preliminary mechanical process.

Q. Well then, in a normal stomach, if the cabbage were not well masticated it would be there some time before the stomach started work, wouldn't it? A. No, I would say the stomach got busy immediately.

Q. You would not say how long that cabbage was in that little girl's stomach, would you? A. I would not.

Q. Now, look at that cabbage and tell me whether it might not have been there three hours or more.

Dr. Niles looked at the cabbage several minutes and said: "No, if it had been in the stomach three hours, it would have been more pulverized."

Q. Now, if this little girl ate that cabbage bolted it down in a hurry to get to town and see the parade, would you say that the circumstance delayed digestion? A. Well, if she was hungry and took any pleasure in eating the metal, the mastication or lack of it would not make any great difference.

Q. Then mastication does not make any great difference? A. It certainly does.

Q. Did you make any examination of the stomach? A. No.

Q. You made none of the tests? A. No.

Q. Do you know that the doctor who made the examination did not save any of the contents of the stomach? A. I read it.

Q. Did you know that he did not call any physician in to help him? A. Yes.

Q. That he did not divulge any of the findings until he came here? A. Yes.

Q. That he kept those findings secret? A. Yes.

Q. That we only have his plain unsupported statement? A. Yes.

Dr. Harris Not Guilty

Of Breach of Ethics.

Dorsey took the witness.

Q. Is there any setting of ethics that prohibits those things? A. I never heard of it.

The witness was excused and Dr. John Funke, who holds the chair pathology and bacteriology at the Atlanta Medical College where he graduated twelve years ago, was called to the stand. Dorsey questioned him concerning an examination made of Mary Phagan's body, and then pronounced his usual hypothetical question about the cabbage. A. About the cabbage, I would not like to say positively that with the conditions found in the laboratory test taken into consideration, that the first six feet of the small intestines were clear, and if there was found 32 degrees of combined hydrochloric acid. I would say the cabbage had been there an hour, maybe a little more or less.

Arnold took the witness.

Q. When did Dr. Harris come to you in regard to this examination? A. He didn't come to me. I was asked to look into it last Saturday.

Q. Who asked you? A. Dr. Dorsey, the brother of the Solicitor.

The witness was excused and Dorsey tendered a telegram from Leo M. Frank to Adolf Montag, in New York, on April 28, as evidence. This telegram read:

Atlanta, Georgia, April 28, 1913. Adolph Montag, Imperial Hotel, New York. You may have read in Atlanta papers of factory girl found dead Sunday morning in cellar of pencil factory. Police will eventually solve it. Assure my uncle I am all right in case he asks. Our company has case well in hand. LEO M. Frank.

O. M. Battie, manager of the Postal Telegraph Company was called. Dorsey questioned him.

Q. Up to April 29 did either Frank or the National Pencil Company do business with you? A. I could not say.

Q. Did Frank send a telegram through your company on April 26? A. I have one dated April 28.

"I made a mistake," said Dorsey, "It was April 28. It was received April 29. I just got him up because he said he could not divulge anything except in court." The witness was excused.

W. G. Peeples of the Western Union Telegraph Company, was called.

Q. Did the Western Union Telegraph Company have any telegrams sent by Leo M. Frank on April 26, 27, or 28? A. Yes.

Q. Did your company have any on the dates covered by the subpoena duces tecum? A. Yes.

Q. Let me have them.

Dorsey looked at the telegrams and said:

"Your honor, these are not signed by Frank and I don't care to Introduce them."

Girl Says Frank's

Character Is Bad.

Miss Myrtice Cato was the next witness called Dorsey questioned her.

Q. Are acquainted with the general character of Leo M. Frank? A. I am.

Q. Is it good or bad? A. Bad.

Q. Did you work at the National Pencil Company? A. I did.

Q. When? A. For about three and one-half years up to April 28, 1913.

Q. On what floor did you work? A. Fourth.

Dorsey turned to Rosser.

"She is with you," he said coolly.

"Come down," said Rosser.

Miss Maggie Griffin was called to the stand. Dorsey questioned her.

Q. Were you acquainted with the general character of Leo M. Frank prior to April 26? A. Yes.

Q. Was it good or bad? A. Bad.

Q. Did you work at the National Pencil Factory? A. Yes, for two months.

Q. On what floor? A. Fourth

Rosser took the witness on cross-examination.

Q. Where did you work?

Dorsey interrupted to say: "I haven't finished. I have another question yet."

Q. Are you acquainted with Frank's character for lasciviousness? That is his conduct toward women? I don't want you to answer until the judge rules. Your honor, doesn't the fact that he denies certain charges make my question admissible?

Rosser: "Let the jury retire if he is going to argue this, but your honor has already ruled."

The jury left the room.

Judge Roan: "Mr. Dorsey, give me some authority on that."

Dorsey: "We don't need any authority for that. The defendant's own statement makes it admissible."

Dorsey looked on his table for a copy of Frank's statement, but did not find it. He continued addressing the court:

While this jury is out I want to say that I want to put up a witness who will say she saw Frank go in the dressing room on the fourth floor with a woman."

Rosser: "You have already ruled on that."

Dorsey: "This is a specific instance to rebut and impeach the statement of the girls on the fourth floor. We want to show that he went into that dressing room with a forelady."

Judge Roan: "You can show his general character for lasciviousness. I don't know about the other. You will probably have to call the woman and put the question to her and then bark to impeach her."

The jury was called back.

Rosser Your honor rules here on a trial for a Georgia murder that the Solicitor can ask about the defendant's character for lasciviousness?

Judge Roan I do.

Swears Frank's Relations

With Women Are Bad.

The jury returned to the courtroom at this time. Dorsey continued the questioning.

Q. I will ask you if you are acquainted with Frank's general character for lasciviousness his relations with women? A. I am.

Q. What is it? Good or bad? A. Bad.

Rosser took the witness.

Q. How many girls did you know on the fourth floor? A. Four.

Q. Where do you work now? A. Fulton Bag and Cotton Mills.

Q. Where do you live? A. No. 34 Evans Drive.

The witness was excused and Miss Cato was recalled. Dorsey questioned her in regard to Frank's general character for lasciviousness and she declared that it was bad.

Rosser took the witness on cross-examination.

Q. Where do you work now? A. At Cone's drug store, Decatur and Pryor streets.

Q. Where do you live? A. At No. 59 Tumlin street.

The witness was excused and Mrs. Marion Dunning was called to the stand. Dorsey questioned her.

Q. Are you acquainted with Leo M. Frank's character? A. Yes.

Q. Is it good or bad? A. Bad.

Q. Are you acquainted with his general character for lasciviousness his relations with women? A. No.

Q. When did you work at the pencil factory? A. About two years ago.

Q. For how long? A. Two weeks.

Not Much Acquainted

With His Character.

The witness was not cross-examined. Mrs. H. R. Johnson, of Stonewall, was called to the stand. Mrs. Johnson declared she worked at the pencil factory for two months in 1910. Dorsey questioned her.

Q. Are you acquainted with Frank's general character? A. Yes.

Q. Is it good or bad? A. Bad.

Q. Are you acquainted with his general character for lasciviousness? A. Not very well.

Dorsey Answer yes or no.

Rosser She has answered.

Dorsey All right, she has said not very much.

Rosser took the witness on cross-examination.

Q. Where is Stonewall? A. On the street car line.

Rosser Come down.

Dorsey Just a minute. What floor did you work on? A. The fourth floor.

The witness was excused and Miss Marie Karst, of No. 191 Kelly street, was called. Dorsey questioned her.

Q. Have you ever worked at the pencil factory? A. Yes. On the second floor about two years ago.

Q. Are you acquainted with Frank's character? A. Yes.

Q. Is it good or bad? A. Bad.

The witness said the general character of Frank for lasciviousness was bad.

She was not cross-examined.

Mrs. L. T. Corsey was called but did not answer. It was stated that she was sick. Miss Nellie Pettus was called. Dorsey questioned her.

Q. Do you know Leo M. Frank? A. Yes.

Q. How long have you known him? A. I didn't know him exactly, except I knew him when I saw him and know about him.

Q. Was his character good or bad? A. Bad.

Q. Did you know his personal character for lasciviousness? A. Yes.

Q. Was it good or bad? Yea.

Q. Was it good or bad? A. Bad.

Q. Was did you work at the pencil factory? A. I didn't work there. My sister-in-law worked there. She hardly ever went there on Saturday and I went there to get her way.

Q. Who did you see there?

Rosser interposed an objection but was overruled.

A.I saw Mr. Frank once.

Rosser took the witness on cross-examination.

Q. Who is your sister-in-law? A. No. 9 Oliver street.

Q. Does she work there now? A. No; she quit working there about three weeks before the murder.

Witnesses Fail to

Answer When Called.

The witness was excused and the following were called, but failed to answer. Mrs. T. C. Harrison, Miss Pearl Dobson and Thomas Blackstock. Miss May Davis, No. 8 Louis Avenue, an employee of the pencil company and Frank's character was bad. Rosser cross-questioned her, adding but one question:

Q. Where do you work now? A. I am not working now.

Mrs. Mary B. Wallace, an elderly woman in mourning, was called. Dorsey questioned her.

Q. Did you ever work at the National Pencil Factory? A. Yes; three days.

Q. When? A. July, 1912.

Q. Did you know Leo Frank's general character? A. Yes.

Q. Was it good or bad? A. Bad.

The witness declared that Frank's general character as to lasciviousness was bad. The witness was not cross-examined.

Estelle Winkle was next called to the stand. She said that she worked at the pencil factory for one week in March 1919. She said that Frank's character was bad. On cross-examination, she said she was not working now, and gave her residence as being twelve miles from Griffin.

Miss Carrie Smith was the next witness. The rapidity with which she chewing gum created a ripple of laughter in the courtroom, and deputies were forced to rap for order. The witness testified that she worked on the fourth floor of the pencil factory, and that Frank's character was bad. She was not acquainted with his character for lasciviousness. On cross-examination she said she resided at No. 237 Simpson, and that she worked for the factory off and on for three years, working there the last time about three weeks after Christmas.

Miss Ruth Robinson was the next witness. Dorsey questioned her.

Saw Frank Speak to

Mary About Her Work.

Q. Did you ever work at the pencil factory? A. Yes.

Q. Did you know Mary Phagan? A. Yea.

Q. Did you know Frank? A. Yes.

Q. Did you ever see Frank talking to Mary Phagan? A. Yes.

Q. What were they talking about? A. Her work.

Q. Well, how often did he talk to her? A. Several times.

Q. What would he do? A. Show her how to fix pencils.

Q. How would he do it? A. Just take pencils and show her.

Q. Did you ever hear him speak to Mary Phagan? A. Yes.

Q. What did he call her? A. Mary.

Rosser took the witness on cross-examination.

Q. Are you sure of that? A. Yes.

The witness was excused and Miss Dewey Hewell was called. Dorsey questioned her.

Q. Where are you located now? A. In the courthouse.

Q. I mean, where were you before you came here? Do you mean where my parents live?

Q. Yes; where do you live? A. No. 8 Porter street.

Q. Where are you living now? A. In Cincinnati at the Home of the Good Shepherd.

Says Frank Put Hand

On Mary Phagan's Shoulder.

Q. What sort of a home is that no, never mind that. Did you work at the National Pencil factory during February and March, 1913? A. Yes.

Q. Did you ever see Frank talk to Mary Phagan? A. Yes.

Q. How did he act? A. He would come to her machine and put his hand on her shoulder.

Q. What would he say? A. He would put his face close to hers and call her "Mary."

Rosser took the witness on cross-examination.

Q. You didn't work in the metal room very long, did you? A. About two weeks.

The witness was excused and Miss Rebecca Carson was recalled. Dorsey questioned her.

Q. Did you ever go into the dressing room on the fourth floor with Mr. Frank? A. I never did.

Dorsey-Come down.

Miss Myrtice Cato was recalled. Dorsey requested her not to answer the question he was going to put until the court ruled upon it.

Q. Did you ever see Frank go into the drawing room on the fourth floor with Miss Rebecca Carson?

Rosser interposed with an objection, but the witness answered "Yes," before he could stop her.

"That Ain't All I

Know," Says Witness.

The objection was not forced.

Q: How often did you get it? A. Three or four times, and that ain't all I know.

Rosser took the witness on cross-examination.

Q. Who was on the floor when you saw that? A. Several women.

Dorsey took the witness again.

Q. How did you see it ??? A. I was in that end of the building.

The witness was excused and Miss Maggie Griffins was recalled in rebuttal of Miss Carson's testimony. Dorsey questioned her.

Q. Did you ever see the defendant and Miss Rebecca Carson go into the dressing room on the fourth floor? A. Yes: three or four climax.

Q. How long a period did that cover? A. Sometimes they would stay in there about fifteen minutes and sometimes about thirty minutes.

Rosser We must oppose that.

Judge Roan The objection is sustained.

Q. What time in the day was it? A. Sometimes in the morning and sometimes in the evening.

Rosser We are objecting to it all.

The court sustained the objection again.

Says Car Ran

Ahead of Schedule.

The witness was excused and Henry A. Hoffman, inspector for the Georgia Railway and Electric Company, was called. Dorsey questioned him.

Q. Do you know Matthews car runs on the English avenue there? A. Yes.

Q. Who is he under? A. He is under me from 11:39 until he goes to dinner.

Q. For what time? A. Thirty-seven minutes.

Q. Is there any set schedule such as 13.09 1-2?-A. None on the board.

Q. Prior to April 26, were you ever on his car when he cut off the Fair street car? A. Yes.

Q. What was the time the Fair street car was due to arrive? A. 12:08.

Q. At the time Matthews cut off the Fair street car, was the Fair street car on time? A. Yes.

Q. Did you ever compare watches with Matthews?

Arnold objected, but said he would not argue the point. His objection was overruled.

A.Yes.

Q. Did you ever see Matthews when his watch was not with yours? A. Yes.

Q. How far off was he? A. Thirty or forty seconds.

Q. Did you ever call his attention to remaining ahead of time? A. Yes.

Q. Do they come in ahead of time often? A. At launch and supper nearby always.

Q. Do they come in ahead of time or often? A. At lunch and supper, nearly always.

Three Minutes Ahead of

Time at Noon.

Rosser took the witness on cross-examination.

Q. You don't remember whether he was ahead of time April 26, or not, do you? A. No.

Q. Do you discharge a man for be-

Continued on page 3 column 1.

PAGE 26

WOMEN OF FACTORY SWEAR FRANK'S CHARACTER IS BAD

State Makes Headway With Testimony Hitting Standing of Prisoner

WITNESS SAYS SHE SAW

ACCUSED PLACE HAND ON

PHAGAN GIRL'S SHOULDER

Continued from page 2.

ing ahead of time? A. Not at first.

Q. Now, did you ever catch him ahead of time at 12 o'clock? A. Yes.

Q. How much? A. Three minutes.

Q. When was it? A. During the spring of the year.

Q. How many times have you known him to be ahead of time? A. Only twice, I think, in the short time he has been under me.

The witness was excused and N. Kelly, a motorman was called. Dorsey questioned him.

Q. Where were you April 28 before 12 and 12:05 o'clock? A. At Broad and Marietta streets.

Q. Do you know what time the English avenue car came in? A. It was 12:03.

Q. Do you know Matthews and Hollis? A. Yes.

Mary Phagan

Not On the Cars.

Q. Did you see them on the car? A. Yes.

Q. At what time? A. 12:02.

Q. Do you know Mary Phagan? A. By sight.

Q. Was she on that car when you saw it? A. She was not.

Rosser took the witness on cross-examination.

Q. How do you remember that? A. I looked at my watch to catch a car.

Q. Did you look at it yesterday at that time? A. I don't remember.

Q. Why did you not report about little Mary Phagan not being on that car? A. I did not want to get mixed up in this.

Q. When did you first tell the detectives? A. I didn't see the detectives. I told Mr. Starnes this morning.

Q. Who else was on that car? A. I don't remember.

Q. What did you do after that? A. I stood at Jackson & Wessels for a time and then went and caught the 12:10 car for College Park.

Q. You were not paying any particular attention to anything, were you? A. I was watching the crews being relieved.

Q. What is the schedule of the College Park and Hapeville cars? A. The College Park schedule is 8:20 to 8:50 and the Hapeville cars run on the hour and every twenty minutes.

Rosser Don't tell it so fast. What's the schedule? A. A car every ten minutes.

Says Car Often Is

Ahead of Time.

The witness was excused and W. D. Owens, a conductor on the White City line, was called. Dorsey questioned him.

Q. What time do you get to town at noon? A. 12:05.

Q. Do you remember seeing the English avenue and Cooper street car on April 26? A. No.

Q. Did you ever know that car to come in there ahead of you? A. Yes.

Q. How much? A. Two minutes.

Q. Ever more than that? A. I have known it to be three minutes.

The witness was excused and L. F. Ingram, a street car conductor, was called. Dorsey questioned him.

Q. Do you remember coming to town on an English avenue car Saturday, April 26? A. I do.

Q. What time was it? A. I don't remember.

Q. An English avenue car is due at Marietta and Broad streets at 12:07 o'clock: Do you remember that car ever coming in ahead of time? A. Yes; frequently. Sometimes they come in ahead of time and sometimes late. I saw one of those trippers come in this morning at 8:24 when it was due at 8:30 o'clock.

Q. How much have you known the English avenue car to be off schedule? A. Three or four minutes.

Rosser took the witness on cross-examination.

Q. It's against the rules of the company to come in ahead of time, isn't it? A. Yes.

The witches was excused and Miss Mamie Kitchens, an employee of the pencil factory on the fourth floor, was called. Dorsey questioned her.

Q. How long have you been at the factory? A. Two years.

Q. What floor? A. Fourth.

Q. Were you at the factory today? A. Yes.

Only Hearsay

About Superintendent.

Q. Do you know any woman on that, floor who was not been called as a witness here? A. Miss Eva Jones and Mrs. Howell.

Q. Are you acquainted with Frank's general character? A. Only by hearsay, and I don't want to testify.

Q. That's all right. I won't press the question. Now were you ever in that dressing room on the fourth floor with Miss Irene Jackson - when this defendant, Leo M. Frank, came in? A. Yes.

Q. Well, just tell the jury about it. A. I was back there one day when he came back and stuck his head in the door. He laughed, and said something about us having no work to do, and then went out.

Rosser took the witness on cross-examination.

Q. Did he ask you if you girls had any work to do? A. Yes.

Q. Didn't he open the door and say: "Haven't you girls any work to do?" A. He didn't say it that way.

Q. Who else was there? A. Miss Ethel Stewart was in there for a time.

Q. Aren't you mistaken about Miss Jones and Mrs. Howell not being called as witnesses? A. I only have their word for it.

Q. I am going to ask you a question we have asked every woman who works on the fourth floor. Did you ever meet Mr. Frank for any improper purpose? A. I never did.

Dorsey: "Your honor, if that question is admissible, why can't we ask Miss Wood the question we have indicated?"

Judge Roan: "They claim their questions are only in rebuttal of Conley."

At this time, 1 o'clock, court recessed until 2, making the longest morning session yet held in the trial.

Motorman, Recalled,

Denies Talk of Case.

The first witness called at the afternoon session was W. M. Matthews motorman, who declared that the Phagan girl came into the city on his car on the morning of the murder. Solicitor Dorsey endeavored to show that he had feeling in this case which caused him to lean toward the defense.

Dorsey Do you know this man, W. C. Dobbs? A. I do.

Dobbs was sent from the courtroom.

Q. Didn't you have a talk with Mr. Dobbs about three days after the murder and say that Mary Phagan and George Epps got off your car at Broad and Marietta streets? A. I never told anyone that.

Q. Didn't you tell someone you owed a debt of gratitude to someone connected with this case?

Rosser interposed an objection." Let him give names," he said.

Dorsey How long since were a defendant in court? A. About two years.

Q. Who defended you? A. Mr. Moore and Mr. Branch, Mr. Colquitt and Mr. Conyers.

Rosser - You were acquitted, weren't you? A. Yes.

W. C. Dobbs Says He

Talked With Conductor.

Q. Does Mr. Branch live anywhere near you? A. No.

Q. Did you ever talk to me about this case? A. One time.

Q. Did you ever talk to this man (indicating Attorney Arnold)? A. No.

Q. No.

Q. You have no interest in this case? A. No.

Q. What were you tried for? A. Manslaughter.

Q. Did the jury acquit you? A. Yes.

The witness was excused and W. C. Dobbs was called to the stand. Dorsey questioned him.

Q. Did you ever have any conversation with Conductor Matthews about Mary Phagan and George Epps coming in on his car? A. Yes: he told me she came in on the car and that Epps was with her.

Q. Did he say anything about where they got off? A. Yes; at Marietta and Forsyth streets.

Rosser took the witness on cross-examination.

Q. Are the son of Police Sergeant Dobbs who is testifying in this case are you not? A. Yes.

The witness was excused.

J. W. Coleman, step-father of Mary Phagan, was called again. He did not answer and Solicitor Dorsey said that Coleman's wife was sick and it would be necessary to send for him.

W. W. (Boots) Rogers was recalling to the stand. Dorsey questioned him.

Q. Did you notice anything about the stairs and door that Sunday morning in the National Pencil Factory from the basement to the first floor? A. Yes; the stairs were dirty and dusty and the door could not be lifted.

Man Says He Saw

Negro In Alleyway.

The witness was excused without being cross-examined.

Sergeant L. S. Dobbs was called to the stand. Dorsey questioned him.

Q. Did you see Boots Rogers try to open that door to the stairway leading from the basement in the pencil factory the Sunday morning the body was found? A. Yes.

The witness was excused and Rogers recalled. Dorsey questioned him.

Q. Did you see anything by that cute? A. Yes; a large pile of shavings.

Rogers was excused and Oxel Tillanter was called to the stand. Dorsey questioned him.

Q. Were you at the pencil factory April 26? A. Yes.

Q. At what time? A. Just before 12 o'clock.

Q. Did you see anybody? A. Yes; when I went in I saw a negro coming through a dark alleyway. I asked him the way to the office and he showed me.

Q. Have you seen this boy Jim Conley? A. Yes.

Q. Where? A. In his office.

Q. What was he doing? A. Working.

Q. What did you say to him? A. I asked him for my daughter-in-law's pay and got it.

Rosser took the witness on cross-examination.

Q. You are not positive about its being Conley? A. No.

Q. You say you saw a darkey come yup from ad ark alley. Where was that? A. At the side of the factory.

Step-Father of

Dead Girl on Stand.

The witness was excused. E. K. Graham was called to the stand. Dorsey questioned him.

Q. On Saturday, April 26, were you at the pencil factory? A. Yes, about 20 minutes to 12 o'clock.

Q. Did you see a negro at the entrance? A.

Q. Have you seen Jim Conley? Yes, I saw him this morning.

Q. Was he the man you saw there? A. I couldn't say. I noticed a resemblance, though it seems to me that the man I saw was a little brighter.

Q. Did you say anything to him? A. No. The man with he asked him how to get to the office.

Q. Did he show you? A. Yes.

Q. Was he drunk or sober? A. I didn't see any signs of drunkenness.

Rosser took the witness.

Q. You say the negro you saw was brighter than Conley? A. Is seems to me he was.

The witness was excused. J. W. Coleman, step-father of Mary Phagan arrived at the courthouse at this time and was placed on the stand. Dorsey questioned him. Q. Do you remember a conversation you had with Inspector McWorth, of the Pinkertons? A. Yes.

Q. Did he or not exhibit an envelope found in the factory? A. He did.

Q. What figures if any did the envelope have on it? A. It had a figure 1 up in the corner. Then a figure 1 up in the corner. Then a figure was torn out; than a 5.

The witness was shown the envelope the detectives brought into court and he said it did not look like the one shown him.

J. M. Gantt Is

Recalled to Stand.

Rosser cross-questioned the witness.

Q. You don't know whether this is the same envelope or not, do you? A. It might be, but the figures are not the same.

Dorsey took the witness again.

Q. Did you say anything about this envelope not fitting in the case? A. yes, my wife spoke up and said

Rosser interrupted: "Never mind what your wife said."

The witness was excused. J. M. Gantt was called to the stand. Dorsey questioned him.

Q. Did you ever see Leo M. Frank up the financial sheet? A. Yes.

Q. How long would it take him? A. If he had the data, it would not take him more than one and one-half hours.

Q. Was that time clock accurate? A. No.

Q. How did it vary? A. Two to three minutes.

Rosser took the witness on cross-examination.

Q. Did you pay off those girls by it? A. Yes.

Dorsey took the witness again.

Q. How often was that clock regulated? A. Two or three times a week.

Arnold registered an objection but was overruled.

The witness was excused and Herbert Shiff was recalled. Dorsey questioned him.

Q. How much pay did Mary Phagan draw that last week? A. $1.80.

Q. Now I want you to show me on that book there where the $2 Frank loaned Arthur White appears. A. It appears as $4 because I advanced him $2 the next week and made the entry myself.

Q. Where is that ticket Frank made of it? A. I tore it up.

Says He Gave Haas

All the Papers.

Q. You tore it up? A. We always do.

Q. You were served with a duces tecum to bring to the court a paper signed by Charley Lee in regard to the injury of this man Dudley? A. I was.

Q. Did you bring it? A. I turned over to Mr. Haas all the papers I had.

Q. Did you ever show to Lee a written statement he had made about this accident? A. I don't think he ever wrote a statement. It was written on a typewriter.

Q. Was it in the papers you gave Mr. Haas? A. It had no right to be there.

Q. Did you have the same time clock at the time of the murder that you had when Gantt was there? A. We have two time clocks.

Q. How much behind was the clock when you sent for Mr. Price to fix it? A. I don't think that was the trouble at all. I think it was clogged with the ribbon.

Rosser took the witness.

Q. You had $1,174.80 for the payroll except for the loans you were to pay out and every cent of that was in wages, was it not?

Dorsey: "This is his witness. He can not lead him as though it was a cross-examination."

Rosser: "What? I thought I could cross-examine him. Mr. Dorsey has brought in an entirely new matter of that time."

Judge Roan: "The uniform rule has been that when one side introduces a witness, he remains their witness."

Rosser: "Then, your honor, we have suffered grievously by this. (Turning to the witness) Mr. Schiff, I will now shift my method of examining you. Come down."

Negro Says He

Drank With Conley.

Ivy Jones, a negro, was the next witness. Dorsey questioned him.

Q. What do you do? A. Drive for Walker Brothers.

Q. On Saturday, April 26, did you see Jim Conley? A. Yes.

Q. Where? A. At Forsyth and Hunter streets.

Q. What time was it? A. Between 1 and 2 o'clock.

Q. Can you be more accurate than that? A. No.

Q. Was he drunk? A. No.

Q. Where did you go with him? A. To a saloon.

Q. Then where? A. Toward his home. I left him at the corner of Davis and Hunter streets about three blocks from his home.

Rosser took the witness on cross-examination.

Q. You and he drank beer at that saloon, didn't you? A. Yes, both of us got home.

Rosser: "Come down."

Harry Scott, Pinkerton detective, was recalled to the stand. Dorsey questioned him.

Q. building, did you see any blood around the scuttle hole on the first floor, which leads to the basement? A. No.

Rosser This has all been gone over before and is incompetent.

Dorsey We want to rebut. McWorth's evidence about the bludgeon and the blood.

The objection was overruled.

Q. When did the State learn of this bloody bludgeon? A. I told you personally about it on July 15.

Further objections caused Solicitor Dorsey to change his line of questioning.

Memory Not Clear on

Finding Piece of Cord.

Q. Mr. Scott, when you were going through the basement with Mr. Frank, did you pick up a piece of cord similar to that found around Mary Phagan's neck? A. I think I did.

Q. Did you pick it up, or Frank pick it up? A. My memory is not clear.

Q. Did Newt Lee ever recognize that bloody shirt? A. He did not.

Q. From whom did you learn Conley could write? A. I got the information from my office. I was out of town when they found it out.

Q. When did you learn of it? A. McWorth told me on Sunday

Rosser objected and was sustained.

Q. What did you do when you discovered Conley could write?

Rosser: "Then went into that on the direct."

The objection was sustained.

Q. What conversation did you have with Frank about Darley? A. We told him we believed Darley had been going with girls in the factory. He said, "No; Darley is the soul of honor. He could not know anything about it."

Q. Did Black say to you: Come on, there is nothing doing?" A. No.

The witness was excused, and L. F. Kendrick, former night watchman at the factory, was called to the stand. Dorsey questioned him.

Dorsey's Questions

Met With Objections.

Q. Did you have any conversation with Holloway about swearing that Frank called you up?

Rosser interrupted: "Holloway was their witness. They can not impeach him."

Rosser's objection was sustained.

Dorsey: "Well, can't I show in test and feeling, then?"

Judge Roan: "You can only impeach Holloway on points on which he has misled you."

Dorsey: "That is not the law."

Judge Roan: "Then what is the law?"

Dorsey: "I will get you the authorities."

Judge Roan: "Then I will rule later."

Q. Now during the two years you were working there, did you ever see women there on Saturday afternoons?

Rosser: "You have already ruled on that."

Judge Roan: "You can't ask that."

Q. Did you ever put a slip in the time clock? A. Yes.

Q. How long did it take you? A. About two or three minutes.

Q. Could you hear that elevator running when there was hammering and knocking? A. No.

Q. Have you ever seen Conley around the elevator on Saturday afternoons? A. I have seen Conley there on the way back from lunch.

Roser took the witness.

Q. You have seen all the negroes around there? A. I have seen some of them.

The witness was excused and Dorsey tendered as evidence the time slip made by the witness.

Little Girl Tells of

Visit of Reporter

Vera Epps, a little girl 11 years old, sister of George Epps, was called. Dorsey questioned her.

Q. Did you know Mary Phagan? A. Yes.

Q. Did you talk to a Georgian reporter, Mr. John Minar, the Sunday after the murder and tell him the last time you had seen Mary Phagan was the Thursday before the murder? A.Yes.

Q. Was your brother George Epps, there? A. He was in the house, but he wasn't there all the time this man was there.

Q. Had your brother told you he had seen Mary Phagan on Saturday? A. No.

The witness was excused, and C. B. Maynard was called to the stand. Dorsey questioned him.

Q. Do you know C. B. Dalton? A. Yes.

Q. Did you ever see him go into the pencil factory with a woman? A. Yes.

Q. When? A. In June, or July.

Q. What time of day? A. Between 1 and 2 o'clock.

Q. What day of the week was it? A. Saturday.

Rosser took the witness.

Q. You are sure of that? A. Yes.

The witness was excused and W.T. Hollis, conductor on the English avenue line on which Mary Phagan came to town the day she was murdered was recalled to the stand. Dorsey questioned him.

Q. Didn't you have a conversation with J. D. Reid on Monday after the murder? A. I don't know him.

Q. Didn't you tell him that you saw a little boy with her who looked like her sweetheart? A. I did not.

Recognizes Patron

But Doesn't Know Name.

Q. You say now, like you did the other day, that if George Epps was on the car you did not know it? A. Yes. Solicitor Dorsey had Reid brought into the courtroom. Dorsey then addressed the witness:

Q. Do you know this man? A. He rides on my car. I don't know his name.

Q. Did you tell him anything like I have suggested? A. I did not.

The witness was excused, and J. D. Reid was brought to the stand.

Q. On Monday, April 28, did you have a conversation with Conductor J. T. Hollis on the street car about Mary Phagan? A. No. I wasn't on the car with her.

A ripple of laughter ran around the room.

The witness continued: "I am a little deaf: will you come a little bit closer. Will you come a little bit closer."

Dorsey moved closer to the witness and repeated his question.

A. Yes. He told me it made him feel bad because the little girl rode on his car the last time. He said that a little boy named Epps, her sweetheart, rode in with her. He said they sat in the same seat and got off together.

Rosser did not cross-examine the witness.

City Detective Tells

Of McKnight Story.

J. M. Starnes, city detective, who has been in the courtroom with Solicitor Dorsey since the trial began, was recalled to the stand. Dorsey questioned him.

Q. Did you see any stains of blood spots near the scuttle hole on the first floor of the pencil factory when you made your examination of the building immediately after the murder?

Rosser interrupted: "He answered that before."

Starnes: "I did not."

Dorsey: "Now we will jump to the arrest of Minola McKnight. Tell us about that, Mr. Starnes."

A. We had information about what her husband said she knew. We took her to MR. Dorsey's office, and from there to the police station. I did not see her until the next day. We got Mr. Pickett and Mr. Craven from the Beck & Gregg Hardware Company to come up and see if they could get a statement from her. I asked Minola if she had rather make her statement to them or to us. She said to them. I said: "Minola, if this is not the truth, do not make it."

When she was about half through I asked her attorney, Mr. George Gordon, to come in. I had the stenographer read over what she had said. When he had finished she signed it.

Q. Was she held by my authority? A. She was not.

Q. Could I order you to release her? A. You told me over the phone you could not tell me what to do.

Rosser took the witness on cross-examination.

Q. Now, Starnes, you locked that woman up because she would not give you the kind of statement you wanted? A. No.

Locked Her Up Because

He Was on Murder Case.

Q. Well, why did you lock her up? A. I was working on a murder case.

Q. Answer my question. A. I am going to tell you.

Dorsey He has a right to answer it.

Q. Well, by what authority did you lock her up? A. By the authority of an honorable officer working on a murder case.

Rosser That's all right. Now, who issued a warrant for that woman's arrest? A. There was none that I know of.

Q. Who arrested her? A. A bailiff or deputy from Dorsey's office went out and got her. He did not arrest her.

Q. Who locked her up? A. I turned her over to the desk man.

Q. And you kept her there twenty-four hours? A. Yes.

The witness was excused and the jury retired for five minutes to take their usual afternoon soft drink.

When the jury returned to the room, Attorney Rosser stated that he was not through questioning Starnes, and the detective was recalled to the stand.

Q. Did you call Mr. Dorsey about that statement? A. Yes.

Q. What did you tell him about it, to the best of your recollection? A. My recollection is that I phoned Mr. Dorsey right after Minola made her statement and told him that her attorney, Gordon, would be around to see him.

Q. You just wanted to get his permission? A. No.

Starnes was excused.

Attorney Rosser

"Takes" Witness Chair.

Dorsey: "We want to introduce some documentary evidence. First, I want to introduce the statement of Miss Hattie Hall before the Coroner."

The Solicitor read the parts of the evidence of Miss Hall, stenographer for Montag Brothers, given before the Coroner's jury, which he offered as evidence.

Attorney Rosser climbed into the witness chair to listen. M PHAGAN

Mr. Dorsey offered an affidavit of Wade Campbell concerning an interview with Mrs. Arthur White about seeing a negro on the first floor of the factory the day of the crime.

Attorney Rosser objected to various parts of it and the Solicitor conceded to them being stricken.

The following documents were submitted by Solicitor Dorsey as evidence: Parts of Minola McKnight's affidavit; the bloody shirt found at Newt Lee's home; a record of the jury to J. E. Duffy; affidavit of Lemmie Quinn; the records of Conley's transfer from the tower to the police station.

Is Put in Evidence.

Conley's Police Record.

Solicitor Dorsey also put in Conley's police record of punishment for thirty offenses: the handwriting of Leo Frank identified by his mother, the pay envelope found by Barrett; the affidavit of E. F. Holloway of May 12.

Rosser We object to that Holloway affidavit! Holloway was his witness and he has not the right.

Dorsey He entrapped me.

Judge Roan Where he entrapped you it is admissible.

Dorsey He entrapped me.

Judge Roan Where he entrapped you it is admissible.

Dorsey I also want to prevent part of the evidence of Emil Selig given before the Coroner's jury. It is contradictory with his testimony here; also the testimony of Mrs. Josephine Selig.

Judge Roan All right.

At 4:45 o'clock Solicitor Dorsey said We close our case, your honor.

T. Y. Brent was the first witness called by the defense in its rebuttal. Rosser questioned him.

Q. Do you know a fellow named Kenley who runs on the East Point car? A. Yes.

Q. Did you ever hear him express an opinion about Frank? A. Yes.

Q. What did he say? A. He said that he felt about Frank like he did about those two negroes at Decatur. He said he didn't know whether the negroes were guilty, but they had to hang somebody and it might as well be them. He said Frank was nothing but a Jew and he ought to be hanged anyway He said he would help lynch him.

Dorsey took the witness on cross-examination.

Q. Why was it you left the Stevens Lumber Company? What was the charge against you and how did you settle it?

Arnold that is absolutely inadmissible.

Judge Roan sustained the Objection.

Went Through

Factor With Owens.

Q: Are you the Brent who went through the pencil factory with Dr. Billy Owens? Yes.

Q. Did your employment by the defense include that, too? A. No, I went there on Sunday.

Q. What part did you take in the illustration of the crime given there? A. Jim Conley.

The witness was excused and N. E. Stahl was called to the stand. Arnold questioned him.

Q. Where do you live? A. On Washington street.

Q. Did you ever hear this man Kenley talk about the defendant Leo Frank? A. He said if Frank was acquitted he would be one of five or seven to get him.

The witness was exposed without cross-examination.

J. M. Auber was the next witness. Arnold questioned him.

Q. Have you ever been on a street car with a fellow named Kenly? A. Yes.

Q. What did he say about this case? A. He was talking very loud and discussing the Frank case and he suddenly said: "The damn Jew; they ought to take him out and hang him." I took his name to report it to Mr. Ayewright. He said if there was any doubt that it should be given to the that Frank was guilty. A young man sitting in front of him disputed it and he asked him angrily: "Do you work for a Jew?"

Pawnbroker Says He Had McCoy's Watch.

Dorsey did not cross-examine the witness. Nathan Sinkovits, a pawnbroker, was the next witness called. Arnold questioned him.

Q. Do you know M. E. McCoy? A. I do.

Q. Has he ever pawned his watch to you? A. Yes; January 11, 1912.

Q. Where was it on April 26, 1913? A. I had it.

Q. When did he get it? A. He gave the $10 to take it out on August .. .

Q. Did he have any other watch? A. No; this is the same one I have been getting all the time.

Dorsey looked for the entries on the pawnbroker's book and that they be ruled out. The objection was overrated.

The witness was excused.

Arnold, addressed the court:

"Your honor, we want the defendant to go on the stand in rebuttal of what has come out."

Frank took the stand. Looking straight at the jury he said:

"In reply to the statement of the Turney boy about seeing me talking to Mary Phagan, it is absolutely false. In reference to the statements of the girls, Miss Dewell and Miss Robieson about me talking to Mary Phagan and putting my hand on her shoulder and calling her Mary, I wish to state they are mistaken. I may have spoken to Mary Phagan, but I did not put my hand on her and I did not call her Mary. With reference to the statements of the two women who said they saw me going into the dressing room, it is utterly false. It is a blemish on the character of a young woman who is a perfect lady.

Frank left the stand. Attorney Arnold wanted to call other girl witnesses who worked on the fourth floor but Solicitor Dorsey objected and was sustained.

Arnold Then, your honor, we announce that we will close.

It was 3:14 o'clock.

Judge Roan (Addressing the attorneys) Are you gentlemen willing to indicate to me how long you will want to argue?

Dorsey I am satisfied with the amount the law allows.

Judge Roan The law allows you two hours but with so much evidence. I don't think counsel should be restricted. Stick to the evidence and get through as quickly as you can.

Court then adjourned until 9 o'clock Thursday morning.

PAGE 27

STATE ASSAILS CHARACTER OF FRANK

Many Girls, Former Employees of National Pencil Factory, Appear Against Defendant.

Continued From Page 2.

ing ahead of time? A. Not at first.

Q. Now, did you ever catch him ahead of time at 12 o'clock? A. Yes.

Q. How much? A. Three minutes.

Q. When was it? A. During the spring of the year.

Q. How many times have you known him to be ahead of time? A. Only twice, I think, in the short time he has been under me.

The witness was excused and N. Kelly, a motorman was called. Dorsey questioned him.

Q. Where were you April 28 before 12 and 12:05 o'clock? A. At Broad and Marietta streets.

Q. Do you know what time the English avenue car came in? A. It was 12:03.

Q. Do you know Matthews and Hollis? A. Yes.

Mary Phagan

Not On the Cars.

Q. Did you see them on the car? A. Yes.

Q. At what time? A. 12:02.

Q. Do you know Mary Phagan? A. By sight.

Q. Was she on that car when you saw it? A. She was not.

Rosser took the witness on cross-examination.

Q. How do you remember that? A. I looked at my watch to catch a car.

Q. Did you look at it yesterday at that time? A. I don't remember.

Q. Why did you not report about little Mary Phagan not being on that car? A. I did not want to get mixed up in this.

Q. When did you first tell the detectives? A. I didn't see the detectives. I told Mr. Starnes this morning.

Q. Who else was on that car? A. I don't remember.

Q. What did you do after that? A. I stood at Jackson & Wessels for a time and then went and caught the 12:10 car for College Park.

Q. You were not paying any particular attention to anything, were you? A. I was watching the crews being relieved.

Q. What is the schedule of the College Park and Hapeville cars? A. The College Park schedule is 8:20 to 8:50 and the Hapeville cars run on the hour and every twenty minutes.

Rosser Don't tell it so fast. What's the schedule? A. A car every ten minutes.

Says Car Often Is

Ahead of Time.

The witness was excused and W. D. Owens, a conductor on the White City line, was called. Dorsey questioned him.

Q. What time do you get to town at noon? A. 12:05.

Q. Do you remember seeing the English avenue and Cooper street car on April 26? A. No.

Q. Did you ever know that car to come in there ahead of you? A. Yes.

Q. How much? A. Two minutes.

Q. Ever more than that? A. I have known it to be three minutes.

The witness was excused and L. F. Ingram, a street car conductor, was called. Dorsey questioned him.

Q. Do you remember coming to town on an English avenue car Saturday, April 26? A. I do.

Q. What time was it? A. I don't remember.

Q. An English avenue car is due at Marietta and Broad streets at 12:07 o'clock: Do you remember that car ever coming in ahead of time? A. Yes; frequently. Sometimes they come in ahead of time and sometimes late. I saw one of those trippers come in this morning at 8:24 when it was due at 8:30 o'clock.

Q. How much have you known the English avenue car to be off schedule? A. Three or four minutes.

Rosser took the witness on cross-examination.

Q. It's against the rules of the company to come in ahead of time, isn't it? A. Yes.

The witches was excused and Miss Mamie Kitchens, an employee of the pencil factory on the fourth floor, was called. Dorsey questioned her.

Q. How long have you been at the factory? A. Two years.

Q. What floor? A. Fourth.

Q. Were you at the factory today? A. Yes.

Only Hearsay

About Superintendent.

Q. Do you know any woman on that, floor who was not been called as a witness here? A. Miss Eva Jones and Mrs. Howell.

Q. Are you acquainted with Frank's general character? A. Only by hearsay, and I don't want to testify.

Q. That's all right. I won't press the question. Now were you ever in that dressing room on the fourth floor with Miss Irene Jackson - when this defendant, Leo M. Frank, came in? A. Yes.

Q. Well, just tell the jury about it. A. I was back there one day when he came back and stuck his head in the door. He laughed, and said something about us having no work to do, and then went out.

Rosser took the witness on cross-examination.

Q. Did he ask you if you girls had any work to do? A. Yes.

Q. Didn't he open the door and say: "Haven't you girls any work to do?" A. He didn't say it that way.

Q. Who else was there? A. Miss Ethel Stewart was in there for a time.

Q. Aren't you mistaken about Miss Jones and Mrs. Howell not being called as witnesses? A. I only have their word for it.

Q. I am going to ask you a question we have asked every woman who works on the fourth floor. Did you ever meet Mr. Frank for any improper purpose? A. I never did.

Dorsey: "Your honor, if that question is admissible, why can't we ask Miss Wood the question we have indicated?"

Judge Roan: "They claim their questions are only in rebuttal of Conley."

At this time, 1 o'clock, court recessed until 2, making the longest morning session yet held in the trial.

Motorman, Recalled,

Denies Talk of Case.

The first witness called at the afternoon session was W. M. Matthews motorman, who declared that the Phagan girl came into the city on his car on the morning of the murder. Solicitor Dorsey endeavored to show that he had feeling in this case which caused him to lean toward the defense.

Dorsey Do you know this man, W. C. Dobbs? A. I do.

Dobbs was sent from the courtroom.

Q. Didn't you have a talk with Mr. Dobbs about three days after the murder and say that Mary Phagan and George Epps got off your car at Broad and Marietta streets? A. I never told anyone that.

Q. Didn't you tell someone you owed a debt of gratitude to someone connected with this case?

Rosser interposed an objection." Let him give names," he said.

Dorsey How long since were a defendant in court? A. About two years.

Q. Who defended you? A. Mr. Moore and Mr. Branch, Mr. Colquitt and Mr. Conyers.

Rosser - You were acquitted, weren't you? A. Yes.