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Full text of "Arguments of Hugh M. Dorsey in the Leo Frank Murder Trial"

ARGUMENT OF 

HUGH M. DORSEY 

Solicitor-General, Atlanta Judicial Circuit 

AT THE TRIAL OF 

LEO M. FRANK 

Charged with the mutdet of Mary Phagan 



PnMuh#d by 

N. CHR1STOPHUL0S, 

41] Thinl Street 

Macon, G*. 



J**¥M of 

THF- JOirNSt.IN-nAI.I-TS CO. 
Aitiuia. Ceo-rsij 



FOREWORD. 

I have obtained the consent of Solicitor-General Hugh M. 
Dorsey to print his address to the jury in the Frank trial, 
herewith presented, and through him I obtained a copy of 
the report of his speech as taken down by a stenographer 
employed by the defense, this being the only available copy. 
Mr. Dorse j has read the speech at my request and states 
that the same is accurate in every respect, in so far as he is 
able to recall the same. 

I am offering this speech to the public with two ideas — 
first, because I believe that in view of the widespread inter- 
est being manifested in this case it will prove a profitable 
business venture, and, second, because I believe that the pub- 
lie wiH appreciate the opportunity of reading this remarka- 
ble speech exactly as it was delivered^ 

Solicitor-General Dorsey'a address, occupying as it did the 
greater part of three days* session of the court, and coming 
at the climax of a hotly-contested 29-day murder trial, has 
heen pronounced one of the most powerful addresses of its 
kind ever delivered in the state's history. 

The following extract from an article in the Atlanta Geor- 
gian of August 23, 1913, the second day of Mr. Dorsey's 
speech, pays glowing tribute : 

"A white-hut phllllpp1c h the masterpiece of Ma career and one 
of the greatest ever heard La a criminal court hi the South, was 
hurled by Solicitor Hugh M. DorHey direr L]y at I^eo Til, Frank 
Saturday in the final ji>a of tbe Staia, and held a ua,ckt>ri court- 
room tense and thrilled as the grim tragedy of Memorial day 
was unfolded. The solicitor vtB.& at The 1 height of his- eloquence 
At 1:30 O'clock whfrD court adjourned unit! Monday and be had 
heen speaking over six hours- The case will probably go to the 
jury bpfor-R Monday nouu. Tb« solicitor was cheered P.S- he left 
the courthouse." 

On the day after the close of the address the following ap- 
peared in The Constitution, being the introduction of a half- 
page report of the solicitor's speech: 

"As the big bell in the nearby church tolled the hour of 12 
o'clock. Solicitor Dorse? concluded his remarkable ulea tor the 
conTlction o( T.eo M- l^nk with the dreadful words: Gnllty, pill- 
ty, guilty V It was Just at this hour nearly four month? ago 
that little Mary Phagan entered the pencil factory In draw he? 
pittance or Jl.fiO. The lolling of the hell and the dread sound of 
the words cot lite a chill to the hearts of nia.ui who shivered 
involuntarily, 

"It was the conclusion or the most remarkable speech which 
has ever been deli™ red in a Fulton County courthouse — a 

111 



Bpeaoh urtlicb wilE £o (Iowb 3n history stamping Hush Doreey ai 
one at the greatest prosecuting attorneys of ttila nee," 

While the addross was yet unfinished the following ap- 
peared in The Constitution of August 24th : 

"Th.6 sp&feflh btitiLB ECAA& by Solicitor DoJri&jr la tM loiifi^at in 
Ktmttiern. crimiiLitl aanalB. ft already has lasted eii notirs, vltn 
proap-ecta for an addkisnaJ tivo or tbrR* hoars more. Th-e long- 
est speech. prevL&asljf waa foar or Ave hour a. Thai was in the 
hale yen days of Charley HIU, who brought tears, smiUs and an- 
ger whenever he Books. Sodir hai'p said that that grand old 
man. itver ma^ ft better speech than D-orsey'e ar rumen*-,. Some 
aajF not an. They h.a.v-e no) - . lMitTcl Donaey, TJorfiey'B BjiB^-rh waB a 
masterly argument, with tha eraflip at genius in ev-ery line, ntifl 
la express! «n ol en teem, Atlanta — «r a part nr AUanta — did 
som ath.ni.g it o.£ir^r did before; cheered a solicitor as bs came 
from th-e nourf nwnt" 

The reader of the published address should be informed 
that to fully appreciate the speech he would have to have a 
full know ledge of all the evidence adduced at the trial, with 
which the jurymen, for whose benefit the speech was deliv- 
ered, were familiar. It is alao true that to the casual reader 
some confusion may be caused by the frequent use of the 
pronoun "you," applied by the speaker sometimes to the de- 
fendant, sometimes to hia attorneys and sometimes to the 
jury, each being designated in turn by the Solicitor's ges- 
tures. The context, however, when carefully noted, will al- 
ways show to whom reference [a made. 

I have had prepared a "Table of Contents," in which the 
entire three days' address has been analyzed into its divis- 
ions and subdivisions, demonstrating the marvelous con- 
tinuity of thought and tenacity of purpose with whieh the 
Solicitor covered the stupendous imp of evidence in the 
caae. I have also add fcd an "lute" at the close, which will 
greatly facilitate the reader's finding the contention of the 
state with reference to any particular piece of evidence, or 
any other allusion made during the address. A purvey of 
this "Index" will show the wide ranee ox knowledge display-* 
ed by the Solicitor. 

I hav-e alio had prepared an introduction, giving - the "Facta 
of the Crime*" and a "Chronological History of the Case/* 
which will be helpful to the reader in keeping the essential 
facts In mind. 

Partiea desiring copies of the speech may address me at 
411 Third St., Macon, G-a., or care the printers — Johnson- 
Dallh GQ- 136 Marietta St., Atlanta, Ga. 

N. CHRISTOPHUTOS- 

Macon.Ga,, April 20, 1914. 

IV 



FACTS OF CRIME. 

On Saturday, April 26, 1913, Mary Phagan, a fourteen- 
year-old operative in the employ of the National Pencil Com- 
pany, in Atlanta, Ga., left home at a little after 11 o'clock, 
going: to the pencil factory to get her pay. She had not 
worked at the plant since the Monday previous, owing to 
the fact that they had no metal for use in her branch of the 
work. It is admitted that Leo M T Frank, the superintendent 
of the pencil factory, was the last person ever positively 
known to have seen her alive. 

At about 8 o'clock Sunday morning, April 27th ± her dead 
body was discovered in the rear of the basement in the build- 
ing occupied by the National Pencil Company by the night 
watchman, Newt Lee. She had a cord drawn tightly around 
her neck, and according to the contention of the State had 
been dead from 16 to 20 hours or more at the time her body 
was discovered. 

The little girl's underclothing was torn in several places, 
and the crime was pronounced by physicians as well as po- 
lice officers as unquestionably the work of a pervert. It is 
generally conceded that Mary Phagan was an unusually 
pretty and attractive child - 

Newt Lee, the night watchman, was immediately held by 
the police, and several Other suspects were arrested 1 during 
the next two days, the climax coming on Tuesday, April 
29th, when Leo M. Frank was detained at police headquar- 
ters by the authorities, he having been under suspicion since 
immediately after the crime was discovered. 



CHRONOLOGICAL HISTORY OF CASE 

(Covering period of one year after crime.) 

April 26, 1914 — (Memorial day) — Mary Phagan murdered. 

April 29 — Leo M. Frank, superintendent of pencil factory, 
detained at police station to await action by coroner's jury, 

April 30 — Coroner's jury begins Jong session, lasting over 
a week. Newt Lee and Frank both make statements. 

May 1 — Jim Conley, negro sweeper, arrested. Considered 
unimportant. 

May 8 — Coroner's jury orders Frank and Newt Lee held 
for grand jury action. 



May 24 — Frank indicted by grand jury for murder; Lee 
held as material witness. 

July 23— Trial of Frank commences before Judge L, S. 
Roan, Judge of Stone Mountain Circuit, Superior Court Fol- 
lowing jury empaneled: F. E L Winbum, foreman; M\ L. 
Woodward, D. Townsend, A. L, Wisbey, W* M. Jeffries, M. 
Johenning, J. T. Ozburn, F, V. L, Smith A, H< Henslee, W. F. 
Medealf, C. J- Bosshart, and J. F. Higdon- 

July 29— Examination of witnesses begins ; over two hun- 
dred witnesses called before trial is completed. 

August 20 — Evidence completed ; argument of counsel be- 
gins; Eeuben E. Arnold and Luther Z. Eosser speak for de- 
fense. Frank A. Hooper follows, assisting in prosecution. 

August 22 — Solicitor-General Dorsey begins closing ad- 
dress, extending over three days* 

August 25 — Case goes to jury and verdict of guilty is re- 
turned. 

August 26 — Frank sentenced to death on October 10, 
1913 ; attorneys move for new trial. 

October 31 — Judge L, S. Roan denies motion for new trial; 
case appealed to Supreme Court of Georgia, 

February 17, 1914 — Supreme Court of Georgia affirms, 
verdict of lower court, by vote of four to two. Motion for 
rehearing is made by attorneys for Frank, 

February 25— Supreme Court unanimously overrules mo- 
tion for rehearing, 

March 7 — Frank sentenced second time ; April 17th set for 
date of execution. 

April 16 — Attorneys Rosserand Arnold file extraordinary 
motion for new trial on ground of newly-discovered evidence. 
Sentence again stayed. 

April 16—New attorneys for Frank file motion to set 
aside verdict on constitutional grounds , declaring original 
counsel acted without authority in waiving Frank 1 s presence 
at rendering of verdict. 

April 22 — Hearing of extraordinary motion begins before 
Judge B. H. Hill, former chief justice of Court of Appeals, 
recently appointed to new judgeship of Fulton Superior 
Court, 



V] 



{Atlanta Constitution, Aug. 2T, 1913) 



HUGH DORSEY'S GREAT SPEECH 
FEATURE OF THE FRANK TRIAL 



By Sidney Ormoad 

Tlifi Frank trial a. matter of history. 
Solicitor Hutli DorEfly and his wonder- 
lui Bpecch H isbiea brotixlil Lh« case to a 
tlose, form the auaj«cl matter Tor 
tCiiLnUtss discussions ajnoTic; ill tlatties 

■oi folk lii all sorts of places — an the 
street corners, In clubs, newspaper 
officer, at tie courthouse and ^here^er 
tvo lawyer.; ctki^tH to pet together for 
an oivhange oi words. 
Beyond all dorbtv Hugh Dor&ey ie ttie 

ma^t tMkRd-cf mm In thH st?-t-B of 
Georgia today. The widuE-prend inter- 
est in the Frank case caused, all eyes 
Etofi Rabun Gap to Tybee ijifiht to be 
epciered cm ihiF young man. who, up 
to a Icrc [QontttS ago, wi£ little hudiril 
Of OUtside Of r -ti? noun I? oC Fulton. 

TIih Frank cs.se baa been to Atlanta 
and ttia etat* — in tact, several adjacent 
states — what tte Beck^T case tkas to 
New York ani the country-it iarge. 

Wfldc Thcrovgh 

Pnjfaif. 

When Rosenthal waa killed by a 
gang of gunmen at the Hotel Metrc- 
uola, Diatriet Attorn*; Whftinaa ^as 
unheard ol outside or Xpw Tort To- 
day he la a uaiion^l fl(jnr&. The same 
thing holds true of Bugb Dor^ey In a 
Lesser degree. 

incidentally, tb^Te ib another point 
or comparison, When Rueeottial wa.a 
murdered, whitman plunged into the 
case and personally, directed the in 
vea-tlgation wlii-ch led up to the arrest 
ELnd aubeaineiit conviction or the mur- 
dereTB. Na one criticised him for bin 



activity in the taBfl_ Hugh DoTBey din 
the ^ane thing. The Frank ease ^bk 
one of far too much, importance to b* 
nungJed. It v.as worthy of (he beat 
ellorts or ■eery court official aw^rn to 
uphold th-e. ^nrorwnpnt of th? law. 
The city was in a elate of mental 
stress, Lines were close Lf drawis. It 
was no time lor miBtakea of judgroaat- 
Uoreey knew Lhia. He fell tie reapOli- 
sitility of bin potkion and he entered 
Into the work of cl earing up the aTtlul 

myqtery with but on^ ?ad Ul VJhW — ■ 
Lhat Justice should prevail. Unlike 
WTiifm.an, he met criticism In wme 
quarters-^a erllicfem -which was nu- 
meriuid. B* did "what he felt to be his 
duly, that and not hint more; and it is 
certain that bad ha felt Frank brnu. 
cent, be never would have sought bu& 
i nd if ' in en : by tbe ktOdlI jury- 

uaiing the orogreEE of the Frank 
trial a, close friend or the unfortunate. 
young; man said, in & tone that ei- 
1 preyed some surprise: 

"1 actually believe Hush Dorsey 
thinks Fr*nK guilt?-"' 
Thiaughi Hirti 
Guilty. 

And lie was right. Anyone, ■wuo 
knowa Hugh Uorspj has. neveT for una 
Ln&tAni doubted tuat all slanpr he ha& 
been firmly conTiacpg ar Frank's guilt. 
Hugh Doraer Is no head-bun i?r — -iio 
■urage thirathig lor tbe blond or inno- 
cent men. He 1b human, with- a«tnaji 
^yini>ath]&B — tender as & wuuian at 
times, bui 5tem as e. Spartan when 
daty calls 

It was the c*ll oC uiity that caused 



Vlf 



him to probe tbe murder of little Mary 
Puagan; It waa the HatuH cad which 
caused him to prosecute the man he 
thought guilty of the murder. 

Don't think for otis Instant that 
Husli Dorgey did not suffer duriog the 

Progress of t tie trial. He Hundred a^ 
seldom a man is caEled upon to suf- 
fer. It is hard enough to call upon a 
Jury to t^onvtcc a rnan of murder, it ia 
doubly Hard Lo do ho Id the presence 
of the man's wife and mother- During 
the last ball hour of his speech it was 
nothing short of torture for him to race 
these faithful, devoted women and ask 
that the law which condemns men to 
death be invoked- 

When tie said afterward that he felt 
for the wife and mother he meant 
every word. He fc unt a man given to 
the parade of emotion — meo who feel 
deeply seldom are. 

But back to the trial of the case. It 
It 3s given to one to view tbe tase with- 
out prejudice — said there are many 
aiich lu Atianta — the heroic task which 
Hugh Dorsey had before him fa ap- 
parent 

First, Luther Roaser was employed. 
Then Bubo Arnold entered the lists 
for the defense- No cnore formidable 
array of legal counsel could have been 
found Id the south. Extremes in 
method, manner and temperament,. 
dually well versed In the law and ei j 
perittnoed in Its practice, they formed 



a bulwark that few men would care to 
attack. 

The knowing ones aaid: 

H 'Well h Hugh Doraey will set hi a, 
Thay'H chaw him up and spit him out!" 

Did. they? Not so you could notice 
it. For once Luther Roseer met hit 
match. For our* Hiiba Arnold crossed 
h words with a man who caused him to 
break ground. 

FougM Them 
Every Step, 

The? tried al] sort? of tactics. They 
used sarcasm; the)' interrupted, the)' 
hammered and they hauled, but it waa 
to no purpose. Doraey met them at 
every turn, countering here, slamming 
beads there. He fought them any 
fashion they pledged to try. 

But bin speech waa the thins that 
proved him master. It was a master- 
piece- No such speech hag ever be&D 
heard In the l^lton couuty courthouse, 
and tbe wotds are measured as they 
are writteu. Tt waa, as Burton Smith 
expressed it, worthy of Bob Toombs in 
the first-flush of vigorous manhood. It 
waa clean-cut, convincing, forceful. , It 
carried conviction with every sentence. 
It proved, if proof were needed, that 
tfugh Dorsey is a lawyer Of whom aiiy 
man need have fear. The speech will 
iive long in the memory -rrt those who 
heard It, tio matter what opinion may 
he entertained of the guilt or inno- 
cence of Leo M. Frank. 



VHI 



OUTLINE OF ADDRESS 



L— INTRODUCTORY 1 

IL-^FREJUDrCE CHARGE _ 2-3 

Tribute to Jewish Race ,_. ^ __~3 

IH — CIRCUMSTANTIAL EVIDENCE 4-20 

Reasonable Doubt ^. 4 

Duraat Case ^ 9 

Similarity of Durant and Frank Cases 16 

IV. —CHARACTER OF FRANK 21-43 

Put in Issue by Defense _^^_^ 21 

Grand Jury Letters „__ „22 

Failure to Cross-examine 24 

Character Evidence 25 



(SECOND DAY) 



Weakness of Character „. ^ ^^ 28 

Case of Oscar Wilde „ 31 

Other Cases „„ „. , „ 32 

Frank's Alibi __„ „_ __34-l3 

V.— PERJURY CHARGES 43-64 

Defense Witnesses ^44 

Charge Against Detectives 47 

Four Cases of Perjury 55 

Duty of Solicitor 61 

Proof of Perjury 64 

VI,— MURDER NOTES 65-70 

Not in Conley's Words 67 

Notes Incriminate Frank 69 

IX 



VlI f ~FRANK h S STATEMENT __ 70-130 

Legal Value of "Statements" 71 

Flaws in Statement 72 

Blood Evidence __„_____80-90 

McKnight Evidence 91 



(THIRD DAY) 

Wife's Absence _„„ 95 

Refusal to Face Conley „„„_„ 10H 

Second Time at Morgue „„, „„,. ^108 

Nervousness „„ — __„„„_„ „_114 

VOL— CONLEY'S EVIDENCE 130-145 

Substantiation ,„™ 131 

Petition to Judge , 132 

Remanded to Police „ ,™„137 

Overwhelmingly Sustained „„„ 139 

IX.— CONCLUDING ARRAIGNMENT OF FRANK 145 



ARGUMENT OF HUGH M, DORSE Y, SOLICITOR 

GENERAL. 

May it please Your Honor : 

I want to thank you for the courtesy you have granted us 
in giving us unlimited time in which to argue this case and 
I desire, gentlemen of the jury, to commiserate you* But, 
as His Honor has told you, this is an important case ; it is 
important to society, important to this defendant, important 
to me and it is. important to you, I would not fee] like slur- 
ring over it for the sake of your physical convenience, arid 
indeed, as good citizens, although it does inconvenience you, 
I feel that you would not have me slur over it. It may be at 
some stages a little bit tedious, but a case that has consumed 
almost every day for one month, and a case of this magni- 
tude and importance cannot be argued hurriedly This case, 
gentlemen, is not only, as His Honor has told you, important, 
and as I have suggested, hut it is extraordinary. It is extra- 
ordinary as a crime, — a most heinous crime, a crime of a de- 
moniac, a crime that has demanded vigorous, earnest and 
conscientious effort on the part of your detectives, and on my 
part demands honest, earnest, conscientious consideration 
on your part. It is extraordinary hecause of the prominence, 
learning, ability, standing of counsel pitted against me, — 
four of them, the Messrs. Arnold, Rosser, the two Messrs. 
Haas. 

Mr. Leonard Haas: Mr. Dorsey, I h m not of counsel in the 
case. 

Three of them, then, Tt is extraordinary because of the 
defendant- — it is extraordinary in the manner in which the 
gentlemen argue it, in the methods they have pursued in the 



management — they have had two of the ablest lawyers, — 
Mr. Haas, aJso, I believe, — Mr. Rosaer, "the rider of the wind, 
the stirrer of a term ;" Mr, Arnold — and I say it with no dis- 
respect, because I like him — is "as mild mannered a man as 
ever cut a throat or scuttled a ship." And their conduct 
throughout this case has been extraordinary. They have 
maligned and abused me; they have abused the detectives; 
they have heaped calumny on us to such an extent that that 
good lady, the mother of this defendant , was so wrought up 
that she arose* and in this presence denounced me as a dog. 
Ah, there's an old adage and it's true* — "When did any thief 
feel the halter draw with a good opinion of the law?" I don't 
want your good opinion in this case; I neither seek it nor ask 
it. If you put the stamp of your approval on me In this case, 
I doubt if I would believe in my own honesty. 

Prejudice Charge Answered. 

"Prejudice and Perjury/' says Mr. Arnold; and they use 
the stereotyped phrase that it "fatigues their indignation." 
Ah, gentlemen, don't you let this "purchased indignation" 
disturb your nerves or deter you from your duty. "Pur- 
chased indignation:'' You ought to have been indignant, — 
you are paid to be so. Prejudice and Perjury ! Gentlemen, 
do you think that I, or that these detectives are actuated by 
prejudice? Would we as sworn officers of the law have 
aought to hang this man on account of his race and religion, 
and passed up Jim Conley, a negro? Prejudice I Prejudiced, 
when they arrested Gantt and released him? Prejudiced, 
when they had Newt Lee? No, But when you get Frank, 
then you have got prejudice at the same time. 

Defense First Mentioned Race. 

Now let's see about this thing. These gentlemen were dis- 
appointed because this case wasn h t pitched on that theory. 



3 

Not a word emanated from this side, not a word indicating 
any feeling against, any prejudice against, any human be- 
ing, black or vtiite, Jew or Gentile. We didn't feel it, we 
would despise ourselves if we had appeared in this presence 
and asked you to render a verdict against any man, black or 
white, Jew or Gentile, on account of prejudice. But, ah! the 
first time it was ever brought into this case, — and it was 
brought in for a purpose, and I have never seen any two men 
manifest more delight or exultation than Messrs. Rosscr and 
Arnold, when they put the questions to George Kendley at 
the eleventh hour. A thing they had expected us to do and 
which the State did not do because we didn't feel it and be- 
cause it wasn't in this case. I will never forget how they 
seised it h seized with avidity the suggestion, and you know 
how they have harped on it ever since. Now + mark you, they 
are the ones that mentioned it, not us; the word never es- 
caped our mouth. 

Tribute to Jewish Race, 

I say to you here and now that the race from which that 
man comes is as good as our race. His ancestors were civil- 
ized when ours were cutting each other up and eating human 
flesh ; his race is just as good as Ours, — just so good but no 
better. - I honor the race that has produced a D'Israeli, — the 
greatest Prime Minister that England has ever produced; I 
honor the race that produced Judah P. Benjamin, — as great 
a lawyer as ever lived in America or England, because he 
lived in both places and won renown in both places. I honor 
the Strauss brothers, — Oscar, the diplomat, and the man who 
went down with his wife by his side on the Titanic. T roomed 
with one of his race at college; one of his race is my partner, 
T served with old man Joe Hirsch on the Board of Trustees 
of the Grady Hospital. T know Rabbi Marx but to honor him + 
and I know Doctor Sonn, of the Hebrew Orphans' Home, and 
I have listened to him with pleasure and pride* 



But, on the other hand, when Becker wiahed to put to 
death his bitter enemy, it was men. of Frank's race he select- 
ed. Abe Hummel, the lawyer, who went to the penitentiary 
in New York, and Abe Keuf, who went to the penitentiary in 
San Francisco ; Schwartz, the man accused of stabbing a girl 
in New York, who committed suieide h and others that I could 
mention, show that this great people are amenable to the 
same laws as you and I and the black race. They rise to 
heights sublime, but they sink to the depths of degrada- 
tion. 

I wish, gentlemen, to read to you some authorities from 
the books referred to by Mr. Arnold, — first, though, J want 
to come to this: We don T t ask a conviction of this man ex- 
cept in conformity with the law which His Honor will give 
you in charge. His Honor will charge you that you should 
not convict this man unless you think he's guilty beyond a 
reasonable doubt* My friend t Mr, Hooper, read to you, be- 
cause you have to read the authorities upon which you are 
going to comment, in the opening, and I want to talk to you 
about them a little. 

Meaning of Reasonable Doubt, 

A great many j urors, gentlemen; and the people generally 
get an idea that there is something mysterious and unfath- 
omable about this reasonable doubt proposition. It's as plain 
as the nose on your face. The text writers and lawyers and 
judges s^ around in a cirele when they undertake to define 
it ; it's a thing that speaks for itself, and every man of com- 
mon sense knows what it is, and it isn't susceptible of any 
definition. One text writer says a man who undertakes to 
define it uses tautology, — the same words over again. Just 
remember, gentlemen of the jury, that it is no abstruse 
proposition, it is not a proposition way over and above your 
head, — it's just common aense, ordinary, e very-day practical 
question- In the 83rd Georgia, one of our Judges defines it. 
thus: 



Authorities Quoted, 

"A reasonable doubt is one that is opposed to an unreason- 
able doubt ; it is one for which a reason can be given, and it is 
one that is based on reason, and it is such a doubt that leaves 
the mind in an uncertain and wavering condition, where it is 
impossible to say with reason nor certainty that the accused 
is guilty/' 

And as read to you from Wharton, the great authority, 
you are not to doubt as jurors, if you believe as men ; that's 
all. tf you have a doubt, it must be such a doubt as to con- 
trol and decide your conduct in the highest and most im- 
portant affairs of life* That's what they say. It isn't, gen- 
tlemen, as is said in the case of Johns \s. State, way back in 
the 33rd Georgia, "a vague, conjectural doubt or a mere 
guess that possibly the accused may not be guilty ; +t it isn't 
that; "it must be such a doubt as a sensible, honest-minded 
man would reasonably entertain in an honest investigation 
after the truth." That's in the 47th Georgia. "It must not 
be,*' as they say, gentlemen, in the case of Butler vs. State, 
92nd Georgia, "A doubt conjured up;' d or as they say in the 
83rd Georgia, ( *A doubt which might be conjured up to ac- 
quit a friend." Of course, you can get up any kind of a 
doubt, but it must be an honest, sincere doubt, one which 
arises from the evidence or the lack of evidence^ that's what 
controls. "It must not be," they say in the 63rd Georgia, "a 
fanciful doubt, a trivial supposition, a bare possibility of in- 
nocence," — that won't do, that won't do; "it doesn't mean the 
doubt," they say in the 90th Georgia, "of a crank or a man 
with an over-sensitive nature, but practical, common sense is 
the standard," 

Wharton's Rule. 

Wharton, in his Criminal Evidence, says "The rule is not 
that there must be an acquittal in all cases of doubt, because, 
as we shall presently see, this would result in acquittal in all 



cases, since" says this eminent authority, "there are no cases 
without doubt" — catch the idea? "Doubt of the character 
that requires an acquittal, must be far more serious than the 
doubt to which all human conclusions are subject;" it must, 
gentlemen, be a doubt so solemn and substantia] as to pro- 
duce in the juror h s mind grave, grave uncertainty as to the 
verdict of guilty, "It is not/' says Mr. Wharton, "mere pos- 
sible doubt," because, says Chief Justice Shaw, "everything 
relating to human affairs and depending upon evidence, is 
open to some possible or imaginary doubt." 

Now, this standard, gentlemen, is evident, because it is 
obvious to every intelligent person, and as this authority 
says, it is incapable, this reasonable doubt phrase, of a pre- 
cise definition expressed in words, but a comprehension of its 
meaning follows instantly upon the mere use of the word. 
That's the principle. It is incapable of a precise definition^ 
but a comprehension of its meaning follows instantly upon 
the mere use of the word, "This measure of proof can be 
established" — people think, you know, sometimes it ia said 
circumstantial evidence is not as good as direct ; listen to 
what this authority says; "This measure of proof can be 
established as well through circumstantial as direct evi- 
dence," Why shouldn't it? A number of facts proven by 
a number of people h which your common sense leads you to 
believe and sec and know points to a conclusion that is con- 
sistent with an hypothesis and inconsistent with another 
hypothesis is just as much better than the direct, as evi- 
dence, and in the same proportion that the number of wit- 
nesses and incidents by whom those particular circumstances 
are established are better than the view of the witnesses who 
saw the particular thing h It is a popular fallacy that has no 
place in the court house — and Pm coming to his Durant case 
in a minute. "This measure of proof can be established as 
well," says this eminent lawyer and authority, accepted in 
all courts, and who wrote not in a spirit of prejudice and 
passion, "as well through circumstantial as direct evidence;" 



and here in this case we have both circumstantial evidence 
and admissions. 

Circumstantial Evidence Often Convicts. 

Thus, if the circumstantial evidence satisfies the mind, 
then it is equal to positive evidence. That's all there is in 
the case. The question is whether they satisfy your mind 
on it. "Hence, with reasonable doubt as the measure of suffi- 
cient proof, limited by the qualification that the conclusion 
must not only be consistent with the guilt of the accused but 
inconsistent with any other reasonable conclusion, then the 
iaw h which is supposed to be the embodiment of wisdom, has 
safeguarded life and liberty to the highest degree that can 
be devised by human intelligence.'' This thing of the doc- 
trine of reasonable doubt originated way back yonder, any- 
way, at a time when a man accused of crime wasn't allowed 
counsel. Whe never we come up fully abreast of the limes 
in modern sciences, it's going to drop out of our law, too. The 
State has got all kinds of burdens and all kinds of difficulties 
in establishing a man's guilt. There never was a case that 
illustrated it better than this. 

Now, as I said before, gentlemen, and as TCTiarton says, you 
are not at liberty to disbelieve as jurors if you believe as 
men. Xow, let's get that in mind, let's take that logic, — 
don't you think that this thing of trying a man on circum- 
stantial evidence is something that is so subtle and fine that 
your mind can't get hold of it. — that it's something so my*- 
terious that you can't get hold of it; it's a common sense 
proposition, and when your mind takes hold of a thing as a 
man, then you have got it as a juror. Now, Jud^e Hopkins 
says, in the 42nd Ga., 406, "For a jury to acquit, turn a man 
loose, upon light, trivial, fanciful suppositions and remote 
conjectures it is a virtual disregard of the jurtr^s oath," OV 
I know you can get up any kind of an excuse, anybody can. 
Put when you do that, gentlemen of the jury, it must be out- 
side of the jury box, and you must not acquit this m&v upon 



8 

light, trivial, fanciful suppositions and remote conjectures, 
because that's a disregard of your oath — of course, you 
won't disregard your oath. 

Moral Certainty Is All That's Needed. 

In the 92nd Ga,, they speak of it thus: "It does not mean 
a vague, conjectural doubt, a doubt conjured up in the minds 
of the jury, it means a doubt that grows out of the evidence 
in the case, or the want of evidence" — remember that propo- 
sition when you get into your jury room, It means what? 
It means such a doubt as a juror would hesitate to act on in 
the most important business affairs of his own, in the ordi- 
nary walks of life, Now h it is said, gentlemen, in this book 
on Evidence, — Reynolds, — "absolute certainty is never at- 
tainable " You ean f t get it outside of mathematics, but you 
can get the moral certainty. That's what you are after. 

Circumstantial Evidence Sometimes Best. 

Now, we pass from the reasonable doubt proposition, and 
touch briefly on this circumstantial evidence, A great many 
people, over-conscientious and a little bit too refined for prac- 
tical matters, sometimes want to set themselves up on a pin- 
nacle and say they won't convict on circumstantial evidence. 
That's the merest bosh, The authorities say that it is the 
best evidence- People are getting better in that respect 
everywhere, they are coming to that realization, But even 
now, the best of juries are sometimes reluctant, for some 
reason or other, to convict, even though the evi- 
dence is as plain as it can be. Now, here's what is said by 
one of our most eminent Judges in the 26th Georgia: "Juries 
are generally too reluctant to convict on circumstantial evi- 
dence^ While it i& true that a man ought not to be punished 
for an offense of which he is guiltless, the jury ought not to 
pronounce the accused innocent, for the want of positive 
evidence of hia guilt. Circumstances, satisfactorily proven, 



9 

i 

which point to his guilt and which are irreconcilable with 
the hypothesis of his. innocence, or which require explana- 
tion from him and may be explained by him, if he be inno- 
cent, but which are not So explained, ought to satisfy the 
conscience of every juror and justify him hefore that forum 
for rendering a verdict according to their almost unerring 
intellect. Any other rule will expose society to the ravages 
of the most depraved men. 'The most atrocious crimes' ' — 
gentlemen, listen at this— "The most atrocious crimes art 3 
contrived in secrecy, and are perpetrated genera! ly under 
circumstances which preclude the adduction of positive 
proof of the guilt of the person who committed them. But 
it must he remembered that, while this is true, circum- 
stances which would authorize a bare conjecture of guilt are 
not sufficient to warrant conviction, but where they point 
to facts that are consistent with guilt and inconsistent with 
every other hypothesis, they are the best evidence." 

The Durant Case. 

Xow + gentlemen, Mr. Arnold spoke to you about that Du- 
rant case. That case is a celebrated case. It was said that 
that was the greatest crime of the century. I don't 
know where Mr. Arnold got his authority for the Mutement 
that he made with reference to that case; I would like to 
know it. 

Mr, Arnold: I got it out of the public prints, at the 
lime, Mr. Dorsey, published all over the country, — 1 
read it in the newspapers, that's where I got it. 

On April 15, 1913, Mr. a M. Pickett, the District Attor- 
ney of the City of San Francisco, wrote a letter- 
Effort to Bar Telegram. 

Mr Arnold : I want to object to any communication 
between Mr. Pickett and Air. Dorsey,— it's just a per- 
sonal letter from this man, and I could write to some 



ID 

other person there and get information satisfactory to 
me, no doubt, just as Mr r Dorsey has done, and I object 
to his reading any letters or communications from any- 
body Out there, 

Mr. Dorsey: Thia is a matter of public notoriety* 
Here's his reply to a telegram I sent him, and in view 
of his statement, I have got a right to read it to this 

jury. 

Mr. Arnold : You can argue a matter of public no- 
toriety, you can argue a matter that appears in the pub- 
lic prints, — my friend cau, but as to his writing particu- 
lar letters to particular men, why, that's introducing 
evidence, and I must object to it; he has got a right to 
state simply his recollection of the occurrence, or his 
general information on the subject, but he can't read 
any letters or telegrams from any particular people on 
the subject, 

Mr, Dorsey: Mr. Arnold brought this in, and I tele- 
graphed to San Francisco, and I want to read this tele- 
gram to the jury; now, can't I do it? 

Mr. Arnold : If the Court please, I want to object to 
any particular letter or telegram, — I can telegraph and 
get my information as well as he can, T don't know 
whether the information is true, I don't know who he 
telegraphed about it; I have got a right to argue a mat- 
ter that appears in the public prints, and that's all I 
argued, — what appears in the papers, — it may be right 
or wrong, but if my friend has a friend he knows there 
and writes and gets some information, that's introduc- 
ing evidence and I want to put him on notice that I ob- 
ject to it. I have got the same right to telegraph there 
and get my own information. And, besides, my friend 
seems to know about that case pretty well, he's writing 
four months ago. Why did he do it? 

Mr. Dorsey: Because I anticipated some such claim 
would be made here in this presence. 

Mr. Arnold : You anticipated it, then, I presume, tie- 
Cause you knew it was published ; that's what I v,cnt on, 

Mr, Dorsey: I anticipated it, and know the truth 
about that case. 



11 

Mr. Arnold: T object to his reading any communica- 
tion unless I have the right to investigate It al^o: I \m 
going only on what T read In the public pre*?. April 
15th is nearly two weeks before the crime is alleged to 
have been committed- I want to record an objection 
right now to my friend doing any such thing as that, 
reading a telegram from anybody picked out by my 
friend Dorsey, to give him the kind of information he 
wants for his speech, and I claim the right to communi- 
cate out there myself and get such information as t can t 
if he's given the right to do it. 

The Court: I'll either have to expunge from the 
jury what you have told the jury, in your argument, 
or — 

Mr. Arnold : I don't want it expunged, T stand on it. 

The Court: I have either got to do one of the two — 

Mr. Dorsey: No sir, can't I state to this jury what 
1 knew about it, as well as he can state what he knows 7 

Mr, Arnold: Certainly he can, as a matter of public 
notoriety, but not as a matter of individual information 
or opinion. 

Court Rules for Defense, 

The Court: You can state, Mr. Dorsey, to the jury, 
your information about the Durant case, just like he 
did, but you can't read anything, — don't introduce any 
evidence. 

Mr. Dorsey: My information is that nobody has ever con- 
fessed to the murder of Blanche Iximont and Minnie Wil- 
liams. But , gentlemen of the jury, as I'll show you by read- 
ing this book, it was proved at the trial and there can be no 
question about the fact, Theodore Durant was guilty, the 
body of one of these girls having been found in the belfry of 
the church in question; and the other in the basement. Here * 
the book containing an account of that case, reported in the 
48th Pacific Reporter, and thi* shows, gentlemen of the jury, 
that the body of that girl, stripped stark naked, was found 



IS 

in the belfry of Emanuel Church in San Francisco after she 
had been missing for two weeks. It show3 that Durant was 
a medical student of high standing' and a prominent member 
of the church, with superb character, — a better character 
than is shown by this man, Leo M. Frank h because not a soul 
came in to say that he didn't enjoy the confidence and re- 
spect of every member of that large congregation and all the 
medical students with whom he associated. 

Three Years to Hang Durant. 

Another thing, this book shows that the crime was com- 
mitted in 1895, and this man Durant never mounted the 
gallows until 189S, and the facts are that his mother took 
the remains of her son and cremated them because she didn't 
want them to fall into the hands of the medical authorities, 
as they would have done in the State of California had she 
not made the demand and received the body. Hence, that's 
all poppy-cock he was telling you about. There never was a 
guiltier man, there never was a man of higher character , 
than Theodore Durant, and there never was a more coura- 
geous jury or better satisfied community than the jury 
that tried him and the people of San Francisco, where he 
lived and committed his crime and died. 

In this case, now, I'll read you, "The contention of the 
appellant next to be considered is that the evidence is insuffi- 
cient to justify the verdict, and that the verdict is contrary 
to the evidence in this, that the evidence fails to show how, 
when or where Blanche Lament was murdered, or that the 
defendant in any way waft instrumental in causing her death. 
On April 15th the defendant was arrested. On April 3, 
1895, Blanche Lamont was living with her aunt, Mrs, Noble, 
in the City and County of San Francisco. She was in per- 
son rather tall and slight, and weighed about 130 pounds. 
Her age was 2 J years. She was a school girl attending the 
High School and Normal School, and upon the morning of 
April 3, 1895" — and this case wasn't decided until llarch 3 t 



13 

1897. and he wasnt hung until 1899 — '.she was a school girl 
attending the High School and the Norma] School, ant] upon 
the morning of April 3, 1395, left her home with her strap 
of books to join her classes. She met defendant while on the 
way (such is his testimony), and he accompanied her for a 
part of the journey. She was at school during the day + s ses- 
sion, and at its close, about 3:00 P. M., left ivith the other 
pupils. She did not return home, and never after that day 
was seen alive. Shortly after 9 :00 o'clock, upon the morning 
of April 14th + two police officer? and the Tan i tor attempted 
to open the door leading to the beif ry of Emanuel Baptist 
Church. They were prosecuting a search for Blanche Lamont + 
The knob of the door was gone and the lock mutilated, so 
that the janitor's key couldn't open it. They forced the door + 
and one of the officers, ascending the stairs, found the body 
of a girl lying on the top landing, in the southeastern corner 
of the belfry. It was that of Blanche Lamont."' 

Lost Murderers. 

There arc Inst murderers, — there are people that are in the 
height of exultation and their passion is gratified by choking 
people to death with hands and cords, things Like that, — 
plenty of instances of it, — this man stripping this girl abso- 
lutely naked — "The body was naked, lying upon its face, 
the feet close together, her hands folded upon the breast, the 
head inclined a little to the left. There were two small 
blocks, apparently employed to bold the head in an upright 
position. Decomposition was well advanced, and by medical 
testimony, life had been extinct for about two weeks. An 
examination and autopsy of the corpse revealed seven finger 
nail incisions upon the left side of the throat, and five upon 
the right, a depression of the larynx and a congestion of the 
trachea, larynx, lungs and brain. Strangulation was the 
cause of death. A search brought to light the clothing and 
apparel of the girl, hidden in and about the rough woodwork 
of the belfry, and also her book strap and school books." 



14 

"Upon April 15, the defendant was arrested and charged 
with this murder. At that time, Durant was a young man, 
24 years of age, a student of the Cooper Medical College of 
San Francisco, and a member of the Signal Corps of the Na- 
tional Guard of the State* He was interested in religious 
work" — and, of course, that embraces charity work — "was 
an attendant, if not a member of Emmanuel Baptist Church, 
was a member of the Christian Endeavor Society, was As- 
sistant Superintendent of the Sunday School, and was libra- 
rian of the church library. As is abundantly testified to, he 
bore the esteem of his fellows as a zealous, earnest and up- 
right young man, of commendable character and of sincere 
Christian life- When arrested, he was upon service of the 
Signal Corps, to which he was attached. Upon the trial, his 
defense was an alibi," — the last resort of the guilty man— 
"He declared that he had seen Blanche Lamont in the morn- 
ing of April 3rd, when she was on her way to school but 
never again thereafter, that he himself had gone to his medi- 
cal college and there had attended a lecture at the time when, 
under the contention of the prosecution, the girl had been 
by him murdered in the church, 

Durant a Church Worker, 

"By the prosecution it was shown that Blanche Lament 
was a regular attendant of the Emmanuel Church, and be- 
longed to the Society of Christian Endeavor, of which Du- 
rant was also a member. The two were well acquainted; in- 
deed, they seemed to have stood in their intercourse upon 
terms of cordial and trusted friendship. They met at reli- 
gious and social gatherings, to and from which Durant fre- 
quently escorted the girl in company with her sister and 
others of their social circle, Durant had a key to the side 
door of the church, and was thoroughly familiar with the 
building and premises. 

"Mrs. Mary Vogel lived across the street from the school 
Blanche Lamont was attending. She saw defendant a little 



15 

after two o'clock on the afternoon of April Z t in front of the 
schoolhouse, walking up and down, apparently in waiting- 
When school closed, she noticed two girls coming out to- 
gether. One of them carried books in a strap. They walked 
to the comer of the street, where they stopped for a car. The 
defendant joined them as they were about to hoard it. One 
of the girls went inside, the other sat outside upon the 
dummy. The defendant joined this girl and seated himself 
beside her; Minnie Edwards testified that it was she who 
accompanied Blanche Lament from school that afternoon. 
They were joined by Durant at the corner. Blanche Lament 
and he sat together outside, while she found a seat within 
the car, Blanche Lament had her school books with her. 
Mrs T Alice Dogan. at the time of these occurrences, was a 
pupil at the same school. Upon that afternoon, she, too, saw 
Blanche Lamont upon the dummy in company with the de- 
fendant. May Lanigan, another of the school girls, also saw 
the two upon the dummy. This was from five to ten minutes 
after three o'clock. Mrs. Elizabeth Crossett had known the 
defendant for about four years. Between half-past three 
and four o'clock of this afternoon, while she was upon a 
Valencia street car traveling towards 25th street, she saw 
defendant. He was seated upon the dummy of her car in 
company with a young lady whom she did not know but 
whose description answered to that of the murdered girl. 
The two were in conversation and left the car at 21st or 22d 
Street, and walked in the direction of Bartlett Street- The Em- 
manuel Baptist Church is situated upon Bartlett Street, be- 
tween 22nd and 23rd streets. Martin Quinland, between ten 
and twenty minutes after four o'clock of this afternoon, saw 
the defendant and a young lady whose description corre- 
sponded to that of the girl, and who carried a loose package 
in her hand by a string or strap, walking along Eartlett 
Street, from Twenty-second Street and towards Twenty- 
third Street. They were upon the same side of the street 
as the church and were walking towards it. Mrs, Caroline 
Leak lived upon Bartlett Street, almost directly opposite the 



16 

church. She had been an attendant there at divine service 
for many years ; she had known defendant for the past three 
or four years ; she . also knew Blanche Lament Between 
four and half-past four of this afternoon, she saw Durant 
and a young lady pass through the gate into the church yard 
and on towards the side door. His companion she could not 
identify positively t but from her appearance, thought at the 
time that it was Blanche Lamont or another young lady of 
similar size and height. This young lady testified she was 
not with defendant at any time upon that day, and no pre- 
tense is made that she was, George King was a member of 
the church and its organist. He knew defendant, and the 
two were very friendly. At five o'clock on this afternoon , he 
entered the church by the front door, letting himself in with 
his k^y. He noticed a strong smell of gas, and went forth- 
with into the library to see if it was escaping there. He 
failed to find the leak. Thence, closing the library door, he 
proceeded directly to the Sunday School room t and sitting 
at the piano, began to play. He played for two or three min- 
utes, when defendant, Durant, came through the folding 
doors to the rear, and stood looking at him. 'I asked him 
what was the matter, because of his pale condition. He had 
his coat off and his hat off' — no scratches,, no blood, 'His 
hair was somewhat disheveled. He came through and then 
told me that he had been fixing the gas above the auditorium' 
— not a financial sheet — and had been overcome by it to 
such a degree that he could hardly descend the ladder." 

Similarity of Durant and Frank Cases. 

On account of the inclemency of the weather this man 
(Frank) gave up the ball game. "He seemed ill" — this man 
seemed nervous. "He handed me a fifty-cents piece and asked 
me to go and get some bromo seltzer" — this man wanted 
coffee and breakfast. "Witness procured the seltzer, and 
upon his return found the defendant either standing in the 
lobby or lying upon the platform in the Sunday School 



17 

room." This man was found running out to meet Newt Lee, 
washing his hands and nervous, "He thinks, however, that 
defendant was lying down. Defendant took a dose of the 
seltzer, which seemed to nauseate him somewhat ^ The two 
sat and talked together for a few minutes, then went 
upstairs to the choir loft and carried down a small organ^ 
Defendant appeared weak and had to stop two or three 
times to rest' 1 — this man trembled in Darley's lap, couldn't 
nail the back door up, couldn't run the elevator, he could open 
the safe because he had done that often, be talked to the peo- 
ple at home — if be did talk to them — without manifestations 
of nervousness, if what tbey say be true, but when confront- 
ed with the officers of the law his voice, his eye, his every de- 
meanor showed guilt. 

Thirant's Actions After Crime. 

"Defendant appeared weak and had to stop two or three 
times to rest" — you'll always find it that way: "Then they 
went to the library door, which Durant unlocked, and enter- 
ing:, put on his hat and coat, which were lying on a box in 
the comer. Witness had not seen the hat or coat when he 
went into the library the first time that afternoon. They 
then left the church and walking some distance together, 
separated and went to their respective homes. It was then 
about six o'clock. 

"Upon the morning of April 13th, ten days after the dis- 
appearance of Blanche Lament and one day before the dis- 
covery of the body, her aunt, Jlrs. Noble, received through 
the mail a package which contained all of the rings worn by 
her when she left her home. The rings were enclosed in a 
copy of a daily newspaper. The Examiner, and upon the pa- 
per written the names of George King and Professor Shuren- 
stein. King was a common friend of Durant and Blanche La- 
ment. Professor Shurenstein was her music teacher. The 
paper and wrapper were exhibited to the jury, together with 
admitted samples of defendant's writing. Upon a morning 



IS 

between the 4th and 10th of April, Adolph Oppenheimer, a 
pawnbroker* waa offered for sale a gold ring containing' a 
diamond chip. The ring waa identified aa one worn by 
Blanche Lamont at the time of her disappearance and subse- 
quently returned to her aunt through the mail. The person 
offering the ring for sale waa the defendant.' 1 

Ko doubt h Mr. Arnold — of course, he wouldn't mislead you, 
I know that he's an honorable man and wouldn't think of 

such a thing, but I'm just putting the record up to you. 

"The peraon offering the ring for sale was the defendant* 
William Phillips testified that upon a day in the first part of 
April, he saw defendant standing in front of Oppenheimer*s 
place, between ten and eleven o'clock in the morning. Doctor 
G, Fh Graham was a student and classmate of Durant at the 
Cooper Medical College, From S: SO to 4:15 of April 3rd, 
Doctor Cheney, of that college, delivered a lecture to his class 
upon the sterilization of milk. Doctor Graham attended that 
lecture and took notes of it The defendant, in support of his 
alibi, claimed to have attended the lecture" — they put up any 
kind of claims when they are backed right up in the corner 
and have got to do it, and he might have known, this fellow 
Durant might have known they would catch him out on that 
proposition; this man herei I'll a how you t waa caught out in 
the same way, "Defendant, in support of his ahbi, claimed to 
have attended the lecture and likewise to have taken original 
notes, which were admitted in evidence. Doctor Graham tes- 
tified that after Durant's arrest and before the trial, he vis- 
ited him with a friend. Durant requested his companion to 
withdraw t that he might talk to Ductor Graham alone, When 
he had done so ± defendant informed Doctor Graham that he 
had no notes of the lecture, and requested the Doctor to lend 
him his, saying that if he could get them he could establish 
an alibi." 

Going to his friend, just like this man here went to hia 
friends. Now, let's see if Graham responded like this defen- 
dant's friends did. 



19 
Framing Up His Alibi. 

"Defendant told him that he could take the notes to 
Durant's house, get his book and put them in it and that the 
book could be brought to him in jail, or that the witness could 
commit his notes to memory, come to the jail and repeat 
them to him. This summarization of the evidence is not 
designed to be exhaustive. Much that is cumulative upon 
the part of the people is omitted. No analysis is made of 
the alibi of the defense , nor of the claims of the prosecution 
that, when not completely demolished, it stands upon the un- 
supported word of the defendant. Enough has been set forth 
to show that the verdict and judgment find support from le- 
gal and sufficient evidence, and when that point is reached, 
the inquiry of this Court comes to an end, saving in those 
exceptional cases, of which this U not one, where the evi- 
dence against the defendant is so slight as to make clear the 
inference that the verdict must have been rendered under 
the influence of passion or prejudice. 

By this evidence, the defendant and Blanche Lamont (she 
with her strap of books) entered Emmanuel Church at about 
half past four o'clock in the afternoon of April 3rd. At five 
o'clock defendant was seen there and explains his distressed 
condition as caused by the inhalation of gas. At six o'clock 
he leaves the church, Blanche Lamont was never again seen 
alive- Two weeks after, her nude and decomposed bodj" is 
found in the church. She had been strangled and her corpse 
dragged to the belfry . ,+ 

Motive in Moving Body. 

He was the librarian, he didn't want to leave it there in the 
library* he wanted it in the belfry. This man wanted it off 
the second floor. Tell me, if you will, men of common sense 
and reason, tell me where was any motive in this man to 
have moved Blanche Lamont from the library T he being li- 
brarian, except the same motive that prompted Frank in 



20 

moving that body from his office floor down into the base- 
ment 7 

"Two weeks after h her nude and decomposed body is found 
in the church. She had been strangled and her corpse drag- 
ged to the belfry." "The 1 clothes she wore on leaving home 
are secreted about the floors and rafters. Her books are 
found still tightly strapped. These facta, with the others set 
forth, are sufficient to justify the hypothesis of defendant's 
guilt and to exclude every other reasonable hypothesis than 
that of his guilt. Such evidence is clearly sufficient to war- 
rant and uphold the determination that the girl was stran- 
gled to death at the hands of the defendant upon the after- 
noon of April 3rd, The evidence of the defendant's previous 
good character, so fully established, was a circumstance 
making strongly in his favor. We are asked to say that the 
jury disregarded it in reaching their verdict, but this we can- 
not don They were fully and fairly instructed upon the mat- 
ter, and it must be presumed that the instructions were re- 
garded." 

That, gentlemen of the jury, is the ease that Mi\ Arnold 
says the jury went wrong in convicting. They didn't. The 
judge that tried it approved the verdict; the high court ap- 
proved the verdict; the community and the civilized world, 
notwithstanding he was a professed Christian and member 
of the church and societies, — and it isn't true that any man 
ever confessed it, because the dastardly deed was done by 
Theodore Durant. 

Now, let me read you a little bit about this thing of pod 
character — before I get down to the discussion of the Stated 
case I want to clear out the underbrush, and let you under- 
stand the legal principles, because His Honor has got to 
charge you, and I'm not going to mislead you either. I'm 
just going to do my plain duty here, and expect you to 
do yours, that's all anybody wants — if you think this man 
is innocent, why, you turn him loose, that's what you do; if 
you think he's guilty y you put a cord around his neck — have 
the courage to do it, and the manhood, and you will, too* 



21 
Frank Put Character in Issue. 

Now, let's examine this good character a little, I ffrant 
you, good character spells a whole lot ; but first, ah, first, let's 
establish good character. It is presumed — had he not put 
hia character in issue, it would have been presumed — and 
the State would have been absolutely helpless — that this man 
was as good a man as lived in the City of Atlanta. Its a 
mighty easy thing, if a man is worth anything, if a man 
attains to any degree of respectability, it's a mighty easy 
thing to get some one to sustain his character; but it's the 
hardest thing known to a lawyer to get people to impeach the 
character of another, Tn the Durant case his character was 
ummpeached. The defendant here put his character in issue 
and we accepted the challenge, and we met it, I submit to 
yau L Xow. if we concede that this defendant in this case was 
a man of good character — a thing we don't concede — still, 
under your oath and under the law that His Donor tvEII give 
you in charge, as is laid down in the 88th Georgia, page 92, 
sub-head 11, "Proof of good character will not hinder con- 
viction, if the guilt of the defendant is plainly proved to the 
satisfaction of the jury." 

Vain Effort to Prove Character* 

First, you have got to have the good character before it 
weighs a feather in the balance, and remember, that the 
hardest burden, so far as proof is concerned, that ever rests 
on anybody, is to break down the character of a man who 
really has character; and I ask you if this defendant stands 
before you a man of good character ? Mr. Arnold, along with 
all this other dramatic performance of his— I don t know who 
he was threatening, the Judge or you or me or all of us — "I 
move for a mistrial"— all that kind of business, all along 
through the case here — stood up and did that, I suppose, 
maybe, I don't know, it may be an attribute of a great law- 
yer; I don't want to be great if, in the defense of any man, I 



22 

have to stand up and say, contrary to law and contrary to 
good principles and morals, before the witnesses are put on 
the stand, that they are "liars or crack-brain fanatics," and 
he wouldn't have done that either if he hadn't realized the 
force of the evidence banked up here against the man that, 
on the 26th day of April, snuffed out the life of little Mary 
Fhagan. But in his desperation he stood up in this presence 
and called nineteen or twenty of these reputable, high-toned 
girls, though they be working girl fl, "crack -brain fanatics 
and liars," and they have hurled that word around here a 
good deal, too h they have hurled that word around here a 
good deal. If that's an attribute of great men and great 
lawyers, I here and now proclaim to you I have no aspira- 
tions to attain them. Not once will J say that anybody has 
lied, but IH put it up to you as twelve honest* conscientious 
men by your verdict to say where the truth lies and who has 
lied. Fm going to be satisfied with your verdict, too — 1 know 
this case and I know the conscience that abides in the breast 
of honest, courageous men. 

Now, the hook says that if a man has good character, nev- 
ertheless it will not hinder conviction, if the guilt of the de- 
fendant is plainly proved to the satisfaction of the jury — 
as it was in the Durant case, and I submit that, character 
or no character, this evidence demands a conviction. And 
I'm not asking you for it either, because of prejudice — I'm 
coming to the perjury after a bit. Have I so forgotten my- 
self that I would ask you to convict that man if the evidence 
demanded that Jim Conley's neck be broken? 

Letters to Grand Jury- 

T want to talk a little bit about those letters to the Grand 
Jury p too — the conscientious opinion of our friend Billie Ow- 
ens, the man that went over here with Brent — a man that 
used to work for the Stevens Lumber Company — Fleming, 
F!eming t the man that also wrote a note to the Grand Jury, 
and the man that also — 



23 

Mr, Rosser : There's no evidence of that, Mr. Dorsey, 
at all. 

Mr. Dorsey: Doctor Owens says a man by the name 
of Fleming went there — 

Mr, Rosser: I know, but there's do evidence that he 
wrote such a note, he stated that he didn't know him 
and that he didn't know his handwriting. 

Mr. Dorsey: Thats true, but he said that the name 
was the same* 

Mr. Rosser: Yes, but he can't teU about that, he said 
plainly that he didn't know his handwriting. 

llr. Dorsey: Well, I don't care about that, that's not 
iraportant t anyway — 

The Court: I understand Mr. Dorsey says he don't 
insist on it if there isn't any evidence of it. 

A man by the name of Fleming went over there in the 
basement and pulled off that little farce with Owens — I guess 
I can say that — and Owens is the man whose conscience mov- 
ed him to try to dictate to the Grand Jury, and Owens is the 
man whose counsel sits there. AH right; now Mr, Arnold 
said yesterday, and I noticed it, though it wasn't in evidence, 
that Jim Conley wasn't indicted. ~So, he will never be, for 
this crime, because there is no evidence — he's an accessory 
after the fact, according to his own admission, and he's guil- 
ty of that and nothing more. And Billie Owens may feel his 
conscientious pangs, sitting up yonder in his office, building 
houses and squirting something into people's noses and 
mouths, but the man that acts as a juror will never 
so far forget himself as to put a rope around that negro's 
neck for a crime that he didn't commit. And I'm here to teU 
you that, unless there's some other evidence besides that 
which has been shown here or heretofore, you've got to get 
you another Solicitor General before I'D ask any jury to hang 
hiin t lousy negro though he may be' and if that he treason, 
make the most of it, T have got my own conscience to keep, 
and I wouldn't rest quite so well to feel that I had been jn~ 



24 

strumental in putting a rope around the neck of Jim Conley 
far a crime that Leo M. Frank committed. You'll do it, too r 
Of course, if the guilt of the accused is plainly proved to the 
satisfaction of the jury, it is their duty to convict, notwith- 
standing' good character. Is that right? Of course, it is. 
But you haven't got good character in this case even as a 
starting point upon which to predicate that proposition. 

Defense's Right to Cross-examine. 

Let's get on a little bit. Mark you, T want you to bear in 
minH d now, we haven't touched the body of this case, we have 
been just clearing up the underbrush — we'll get to the big' 
timber after awhile. "Where character is put in issue' 1 — and 
the State can't do it, it rests with him — "Where character is 
put in issue, the direct examination must relate to the general 
reputation, good or bad;" that is, whoever puts character in 
issue, can ask the question with reference to the genera] rep- 
utation, good or bad, as the case may be, "but on cross exam- 
ination particular transactions or statements of single indi- 
viduals may be brought into the inquiry in testing the extent 
and foundation of the witnesses 1 knowledge, and the correct- 
ness of his testimony on direct examination." 

We did exercise that right in the examination of one wit- 
ness, but knowing that we couldn't put specific instances in 
unless they drew it out, 1 didn't want even to do this man the 
injustice, so we suspended, and we put it before this jury in 
this kind of position — you put his character in, we put up 
witnesses to disprove it, you could cross examine every odg 
of them and ask them what they knew and what they had 
heard and what they had seen; we had already given them 
enough instances, but they didn't dare, they didn't dare to 
do it. Mark you, now, here's the law: 

Why Didn't They Cross-examine? 

"Where character is put in issue, the direct examination 
must relate to the general repuation;" we couldn't go fur- 



25 

ther, but on cross examination, when we put up these Jit tie 
girls, sweet and tender, ah, but "particular instances or 
statements of single individuals, you could have brought into 
the inquiry/' but you dared not do it. You tell me that the 
testimony of these good people living out on Washington 
Street, the good people connected with the Hebrew Orphans* 
Home, Doctor Marx, Doctor Sonn, you tell me that they know 
the character of Leo 11- Frank as these girls do, who have 
worked there but are not now under the influence of the Na- 
tion Pencil Company and its employees? Do you tell me 
that if you are accused of a crime, or I am accused of a crime, 
and your character or my character is put in issue, that if I 
were mean enough to do it. or if Messrs, S tames and Camp- 
bell were corrupt enough to do it, that you could get others 
who would do your bidding ? T tell you, in principle and com- 
mon sense, it is a dastardly suggestion. You know it t and I 
know you know it, and you listen to your conscience and it 
will tel] you you know it, and you have got no doubt about it. 
The trouble about this business is. throughout the length and 
breadth of our land, there's too much shehanigane and too 
httle honest, plain dealings; let's be fair, lets be honest, let > 
be courageous! Tell me that old Pat Campbell or John 
Starnes or Mr. Rosser — in whose veins, he says, there flows 
the same blood as flows m the attorney's veins — that they 
could go and get nineteen or twenty of them, through preju- 
dice and passion to come up here and swear that that man's 
character is bad and it not be true? I tell you it can't be 
done, and you know it. 

His Friends Didn't Know Him, 

Ah, but, on the other hand, Doctor Marx, Doctor Sonn, all 
these other people, as Mr. Hooper *aid h who run with Doctor 
JekyU. don't know the character of Mr, Hyde. And he didn't 
call Doctor Marx down to the factory on Saturday evenings 
to show what he was going to do with those girls, but the 
girls know. And right here, in passing— I'm coining back to 



26 

it, I'm going to have a good bit more to say — but if old Jim 
Conley didn't get every bird in the covey when he shot in 
amongst them, my Lord, didn't he nevertheless shoot right 
in among them? He flushed Daisy—let Dalton be as bad as 
you say he is, nevertheless, it's strange, Jim, in poking in 
that hole, rousted out Daisy and Dalton, and also said that 
Frank was there; and by the undisputed evidence of a repu- 
table man who saw Dalton go in there h it is certainly shown 
that Dalton was there. "Where the defendant put his char- 
acter in issue, it is allowable on cross examination to ask a 
witness called to establish good character, if the witness on 
a certain occasion came upon the scene immediately after the 
defendant, and made a serious attack with a weapon upon the 
defendant," etc. 

"Now, gentlemen, put yourself in this man's place. If you 
are a man of good character, and twenty people come in here 
and state that you are of bad character, your counsel have 
got the right to ask them who they ever heard talking about 
you and what they ever heard said and what they ever saw. 
Is it possible, I'll ask you in the name of common sense, that 
you would permit your counsel to sit mute? You wouldn't 
do it, would you? If a man says that I am a person of bad 
character, I want to know, curiosity makes me want to know, 
and if it's proclaimed, published to the world and it's a lie, I 
want to nail the lie — to show that he never saw it, and never 
heard it and knows nothing about it. And yet, three able 
counsel and an innocent man, and twenty or more girls all of 
whom had worked in the factory but none of whom work 
there at this time, except one on the fourth floor, tell you 
that that man had a bad character, and had a bad character 
for lasciviousnesSj — the uncontrolled and uncontrollable pas- 
sion that led him on to kill poor Mary Phagan. This book 
says it is allowable to cross-examine a witness, to see and 
find out what he knows, who told him those things, — and 
I'm. here to tell you that this thing of itself is pregnant, 
pregnant, pregnant with significance, and does not comport 
with innocence on the part of any man. We furnished him 



27 



the names of some. Well, even by their owe witnesses, looks 
like to me there was a leak, and little Miss Jackson 
dropped it out just as easy Now, what business did this 
man bave going in up there, peering in on those little girls? 
— the head of the f actor y T the man that wanted flirting for- 
bidden? What business did be have going up into those 
dressing rooms ? You tell me to go up there to the girls' dress- 
ing room, shove open the door and walk in is a part of his 
duty, when he has foreladies to stop it? No, indeed. And 
old Jim Conley may not have been .so Tar wrong as you may 
think. He says that somebody went up there that work- 
ed on the fourth floor, he didn't know who. This man, ac- 
cording to the evidence of people that I submit you will be- 
lieve, notwithstanding the fact that Mr. Reuben R. Arnold 
said it was a he and called them hair-brained fanatics, — 
according to the testimony even of a lady who works there 
now and yet is brave enough and courageous enough to come 
down here and tell you that that man had been in a room 
with a lady that works on the fourth floor ; and it may have 
been that he was then, when he went in there on this little 
Jackson girl and the Mayfield girl and Miss Kitchens, look- 
irtg out to see if the way was clear to take her in again, — and 
Miss Jackson, their witness, f^ays .she heard about his going 
in there three or four times more than she ever saw it, and 
they complained to the fore ladies — it may have been right 
then and there he went to see some woman on the fourth 
floor that old Jim Conley says he saw go up there to meet 
him Saturday evening, when all these good people were out 
on Washington Street and Montagu and the pencil factory 
employees, even, didn't know of the occurrence of these 
things. 

Little Jackson Girl's Evidence. 

Now, that's the way you've got it. Of course, a Juror, you 
know, if he just wants to do a thing, you know, it's his con- 
science, but I'm talking to you as sensible men, as men who 



28 

are just exactly like you said you were, — impartial, not pre- 
judiced. What do you think about it, in the room, — oh, me, 
in the room with Miss Carson— they would n h t let me ask 
how long he stayed in there, I couldn't ask that — 1 didn't 
quite understand the principle upon which that went out, 
taut whatever the Judge says must be the law ; but he went 
in there with her, and he came out with her, and surely, 
surely, he wasn't in there then to stop flirting! That came 
out from their own witness , the little Jackson girl, and I 
suppose she must be classed, under Mr + Arnold's way of 
looking at it, as a crack-brained fanatic telling a bald-faced 
lie. Mies May field, who works tliere, denied it; Miss Kitch- 
ens, one of the ladies who works on the fourth floor— Lord 
me, how often did Mr. Arnold say lie was going to ask this 
question of every lady, — with that handsome face of his, 
and that captivating manner — "We are going to ask this 
question of every lady who works on the fourth floor" — and 
lo and behold up comes Miss Kitchens and she herself named 
another — possibly other a — that hadn't been put up by them, 
and you don't know today t right now, except from the fact 
that Mr, Arnold said it, whether you have seen every woman 
that worked on the fourth floor or not, and if he wasn't any 
more accurate about that than he was about this Durant 
ease, there's no telling how many people on the fourth floor 
haven't been brought up here. 

(At this point the Court took a recess until tomorrow, 
Saturday, August 23, 1913, at 9:00 o'clock, A, M.) 

Saturday, August 23, 1913, 9 o'clock, A. M. 
May it please Your Honor and Gentlemen of the Jury: 

Frank's Bad Character Proven, 

I was just about concluding, yesterday, what I had to say 
in reference to the matter of character, and I think that I 

demonstrated by the law, to any fair-minded man, that this 



29 

defendant has not a good character. The conduct of counsel 
in this case, as I stated* in failing: to cross-examine, in re- 
fusing to cross -examine these twenty young ladies, refutes 
effectiveJy and absolutely the claims of this defendant that 
he has good character. A 5 I said, if this man had had a good 
character, no power on earth could have kept him and his 
counsel from asking those girls where they got their infor- 
mation, and why it was they said that this defendant was a 
man of bad character. Now, that's a common sense propo- 
sition, — you'd know it whether it was in a book or not, I 
have already shown jou that under the law, they had the 
right to go into that character, and you saw that on cross- 
examination they dared not do it, Now let's see what 
the law says on that proposition — if J can find it, and I have 
it here,— an authority that puts it right squarely, — that 
whenever any man has evidence — decided in SSrd Ga., 581 — 
"whenever anybody ha* evidence in their possession, and 
they fail to produce it, the strongest presumption arises that 
it would be hurtful if they had, and their failure to produce 
evidence is a circumstance against them," 

Defense Dared Not Cross -examine. 

You don't need any law book to make you know that that's 
true, because your common sense tells you that whenever a 
man can bring evidence, and you know that he has got it 
and don't do it, the strongest presumption arises against 
him* And you know, as twelve honest men seeking to get 
at the truth, that the reason these able counsel didn't ask 
those "hair-brained fanatics," as -M*-. Arnold called them, be- 
fore they had ever gone on the stand, — girls whose appear- 
ance is as good as any they b rough t, girls that you know by 
their manner on the stand spoke the truth, girls who are 
unlm peached and unimpeachable, was because they dared not 
do it. You know it ; if it had never been put in a law book 
you + d know it. And then you tell me that because these good 
people from Washington Street come down here and say 



30 

that they never heard anything, that he's a man of good 
character? Many a man has gone through life and even his 
wife and his best friends never knew his character; and 
some one haa said that it takes the valet to really know the 
character of a man. And I had rather believe that these 
poor, unprotected working girls, who have no interest in this 
case and are not under the influence of the pencil company 
or Montag or anybody else, know that man, as many a man 
has been heretofore, is of bad character than to believe the 
Rabbi of his church and the members of the Hebrew Or- 
phans Home. 

Sometimes , you know, a man of bad character uses charit- 
able and religious organizations to cover up the defects, and 
sometimes a consciousness in the heart of a man will make 
him over-active in some other line, in order to cover up and 
mislead the public generally. Many a man has been a wolf 
in sheep's clothing; many a man has walked in high society 
and appeared on the outside as a whited sepulcher, who was 
as rotten on the inside as it was possible to be. 

Reputation Versus Character, 

So he has got no good character, I submit, never had it; 
he has got a reputation, — that's what people say and think 
about you t — and he has got a reputation for good conduct 
only among those people that don't know his character. But 
suppose that he had a good character ; that would amount to 
nothing. David of old was a great character until he put old 
Uriah in the fore-front of battle in order that he might be 
killed, — that Uriah might be killed, and David take bis wife. 
Judas Tscariot was a good character, and one of the Twelve, 
until he took the thirty pieces of silver and betrayed our 
Lord Jesus Christ. Benedict Arnold was brave, enjoyed the 
confidence of all the people and those in charge of the man- 
agement of the Revolutionary War until he betrayed his 
country. Since that day his name has been a synonym for 



31 

infamy. Oscar Wilde, an high Knight t a literary man, bril- 
liant, the author of works that will go down the ages. — 
Lady Windemere's Fan, De Profundis, — which he wrote 
while confined in jail ; a man who had the effrontery and the 
boldness, when the Marquis of Queensbury saw that there 
was something wrong between this intellectual giant and his 
sod, sought to break up their companionship, he sued the 
Marquis for damages, whicli brought retaliation on the part 
of the Marquis for criminal practices on the part of Wilde, 
this intellectual giant; and wherever the English language is 
read, the effrontery, the boldness, the coolness of this man, 
Oscar Wilde, as he stood the cross examination of the ablest 
lawyers of England, — an effrontery that is characteristic of 
the man of his type, — that examination will remain the sub- 
ject matter of study for lawyers and for people who are in- 
terested in the type of pervert like this man, Not even Os- 
car Wilde's wife, — for he was married and had two chil- 
dren, — suspected that he was guilty of such immoral prac- 
tices, and ± as I say, it never would have been brought to 
light probably, because committed in secret, had not this 
man had the effrontery and the boldness and the impudence 
himself to start the proceeding which culminated in sending 
him to prison for three long years. He's the man who led 
the aesthetic movement; he was a scholar, a literary man, 
cool, calm and cultured, and as I say, hi* crofts examination 
is a thing to be read with admiration by all lawyers, but he 
was convicted, and in his old age, went tottering to the 
grave, a confessed pervert. 

*Good Character" of Wilde, 

Good character? Why, he came to America, after having 
launched what is known as the "Aesthetic movement," in 
England, and throughout this country lectured to large au- 
diences, and it is he who raised the sunflower from a weed 
to the dignity of a flower. Handsome, not lacking in physi- 



'S2 



cal or moral courage, and yet a pervert, but a man of previ- 
ous good character, 



Reuf Had "Character," Too. 

Abe Reuf, of San Francisco, — a man of his race and reli- 
gion, — was the boss of the town, respected and honored, but 
he corrupted Schmitt, and he corrupted everything that he 
put his hands on, and just as a life of immorality, a life of 
sin, a life in which he fooled the good people when debauch- 
ing the poor girls with whom he came in contact haa brought 
this man before this jury, so did eventually Reuf's career 
terminate in the penitentiary. 

I have already referred to D grant. Good character isn't 
worth a cent when you have got the case before you H And 
crime don't go only with the ignorant and the poor. The 
ignorant, like Jim Conley, as an illustration, commit the 
small crime, and he doesn't know anything about some of this 
higher type of crimes; but a man of high intellect and won- 
derful endowments, which, if directed in the right line, bring 
honor and glory, if those same faculties and talents are per- 
verted and not controlled, as was the case with this man, 
they will carry him down 

Mayor McCue's "Character," 

Look at McCue, the Mayor of Charlottesville; a man of 
such reputation that the people elevated him to the head of 
that municipality, but notwithstanding that good reputation, 
he didn*t have rock bed character, and h becoming tired of his 
wife> he shot her in the bath tub, and the jury of gallant and 
noble and courageous Virginia gentlemen, notwithstanding 
his good character, sent him to a felon's grave. 



33 

The Preacher Richeson. 

Richeson, of Boston was a preacher, who enjoyed the con- 
fidence of his flock. He was engaged to one of the wealthiest 
and most fascinating women in Boston, bat an entanglement 
with a poor tittle girl, of whom he wished to rid himself, 
caused this man Richeson to so far forget his character and 
reputation and his career as to put her to death: And all 
these are cases of circumstantial evidence. And after con- 
viction, after he had fought, he at last admitted it. in tbe 
hope that the Governor would at least save his life, but he 
didn't do it, and the Massachusetts jury and the Massachu- 
setts Governor were courageous enough to let that man who 
had taken that poor girl's life to save bis reputation as the 
pastor of his flock, go t and it is an illustration that will en- 
courage and stimulate every right-thinking man to do his 
duty. 

The Beat tie Case. 

Then t there's Beattie. Henry Clay Beattie, of Richmond, 
of splendid family, a wealthy family, proved good character, 
though he didn't possess it, took his wife, the mother of a 
twelve- months old baby, out automobiling, and shot her; yet 
that man, looking at tbe blood in the automobile, joked ! 
joked I joked 1 He was cool and calm t but he joked too much ; 
and although the detectives were abused and maligned, and 
slush funds to save him from the gallows were used, in his 
defense, a courageous jury, an honest jury, a Virginia jury 
measured up to the requirements of the hour and sent him to 
his death ; thus putting old Virginia and her citizenship on a 
high plane, And he never did confess, but left a note to be 
read after he was dead, saying that be was gutfty. 

Ciippen an Eminent Doctor. 

Ciippen, of England, a doctor, a man of high standing, 
recognized ability and good reputation, killed his wife be- 



34 

cause of infatuation for another woman, and put her remains 
away where he thought, as this man thought, that it would 
never be discovered ; but murder will out, and he waa discov- 
ered and he was tried, and be it aaid to the glory of old Eng- 
land, he was executed. 

Gentlemen, you have got an opportunity that comes to few 
men; measure up to it. Will you do it? If not, let your 
conscience say why not? Tell me aa an honest man may, 
why not? 

But, you say, you've got an alibi. Now, let's examine that 
proposition a little bit. An alibi — Section 1018 defines what 
an alibi is, "An alibi, aa a defense, involves the impossibil- 
ity" — mark that — "of the prisoner's presence at the scene 
of the offense at the time of its commission " "An alibi 
involves the impossibility, and the range of evidence must be 
such aa reasonably to exclude the possibility of guilt" — and 
the burden of carrying that alibi is on thia defendant. "It 
involves the Impossibility" — they must show to you that it 
wa3 impossible for this man to have been at the scene of that 
crime. The burden is on them; an alibi, gentlemen of the 
jury, while the very best kind of defense if properly sus- 
tained, is absolutely worthless — I'm going to show you in a 
minute that this alibi is worse than no defense at all. I want 
to read you a definition that an old darkey gave of an alibi, 
which I think illustrates the idea, Rastus asked his com- 
panion, "What's this here alibi you hear so much talk 
about?" And old Sam says, "An alibi is proving that you 
was at the prayer meeting, where you wasn't, to show that 
you wasn't at the crap gan^ where you was.*' 

Now, let's see this table — I just want to turn thai around 
for half a minute, now, and then I want to turn it to the wall 
again and I want it to stay turned to the wall. 

Contradiction by Frank* 

"One P. M, Frank leaves the factory;" that's mighty nice 
— on the chart. Now, turn it to the wall, turn it to the wall ; 



35 

let it stay turned to the wall because it isn't sustained by 
the evidence in the case, — it's ruined by the statement of 
this defendant himself, Frank's statement, made at Police 
Headquarters, taken down by G. C. February, on Monday, 
April 28th, 1913, and he says, "I didn't (that morning) lock 
the door" — rm interpolating that — "because the mail was 
coming in, I locked it at 1:10, when 1 went to leave." Up 
goes your alibi, punctured by your own statement, when you 
didn't know the importance of the time element in this case, 
and yet, honorable gentlemen, for the purpose of indelibly 
impressing this on your mind, get up this beautiful chart and 
stick in there that he says he left at one o'clock. If he swore 
that he left at one o'clock, when he went on this stand, it 
was because here and in this presence, — and you know it, — 
he saw the importance of leaving that factory ten minutes 
earlier than he ever realized when he made this statement on 
April 2ftth, before his attorney, Mr. Luther Z. Rosser — "I 
left at 1:10/' 

Admitted Leaving at 1 :10 + 

Xow, right herc T let me interpolate, this man never made 
an admission, from the beginning until the end of this case, 
except he knew that some one could fasten it on him, — 
wherever he knew that people knew he was in the factory, he 
admitted it, AH right; but you prove an alibi by that little 
Curran girl, do you? She swore that she saw you at Ala- 
bama and Broad at 1:10, and yet here i* the paper contain- 
ing your admission made in the presence of your attorney, 
Monday morning, April 28th t that you didn't leave the fac- 
tory until 1:10. 

Gentlemen, talk to me about sad spectacles, but of all the 
sad spectacles that J have witnessed throughout this case, — 
I don't know \rho did it, J don't know who's responsible, and 
I hope that TCI go to my grave tn ignorance f>f who it was 
that brought this little Curran girl, the daughter of a man 



36 

that works for Montag, into this case, to prove this alibi for 
this red-banded murderer, who killed that little girl to pro- 
tect his reputation among the people of his own race and re- 
ligion. Jurors are sworn, and His Honor will charge you, 
you have got the right to take into consideration the deport- 
ment h the manner, the bearing, the reasonableness of what 
any witness swears to, and if any man in this courthouse, 
any honest man, seeking to get at the truth , looked at that 
little girl, her mannur, her hearing, her attitude, her actions, 
her connections with Montag, and don't know that she, 
like that little Bauer hoy, had been riding in Montag's auto- 
mobile, I am at a loss to understand your mental operations. 

But if Frank locked the factory door at ten minutes past 
one, if that be true, how in the name of goodness did she 
ever see him at Alabama and ftroad at 1:10? Mark you, 
she had never seen him but One time; had never seen him 
but one time, and with the people up there on the street, to 
see the parade, waiting for her companions, this daughter 
of an employee of Montag comes into this presence and tells 
you the unreasonable, absurd story, the story that's in con- 
tradiction to the story made by Frank, which has been in- 
troduced in evidence and will be out with you, that she saw 
that fellow up there at Jacobs'. 

On this time proposition, T want to read you this — it made 
a wonderful impression on me when I read it — it h s the won- 
derful speech of a wonderful man, a lawyer to whom even 
such men as Messrs. Arnold and Kosser, as good as the 
country affords, as good men and as good lawyers as they 
are, had they stood in his presence, would have pulled off 
their hats in admiration for his intellect and his character, 
— I refer to Daniel Webster, and I quote from Webster's 
great speech in the Knapp case: 

Webster on Time Evidence, 

"Time is identical, its subdivisions are all alike, no man 
knows one day from another, or one hour from another, but 



37 

by some fact, connected with it. Days and hours are not vis- 
ible to the senses, nor to be apprehended and distinguished 
by understanding. He who speaks of the date, the minute 
and the hour of occurrences with nothing to guide his rec- 
ollection , speaks at random," 

That's put better than I could have put it. That's put 
tersely, concisely, logically, aud it's the truth. Now, what 
else about this alibi, this chronological table here, moved up 
and down to save a few minutes? The evidence, as old Sig 
Montag warned me not to do, twisted, yea, Til say contorted, 
warped, in order to sustain this man in his claim of an alibi. 
For instance, they got it down htre "Frank arrived at the 
factory, according to Hollo way, Alonzo Mann, Roy Irby, at 
8:25." That's getting it down some, ain't it? Frank says 
he arrived at 8:30. Old Jim Conley, perjured, lousy and 
dirty, says that he arrived there at 8:30, and he arrived, 
carrying a rain coat. And they tried mightily to make it ap- 
pear that Frank didn't have a rain coat, that he borrowed 
one from his brother m law, but Mrs. Ursenback says that 
Frank had one; and Lf the truth were known, 1 venture the 
assertion that the reason Frank borrowed Ursenback 's rain 
coat on Sunday was because, after the murder of this girl 
on Saturday, he forgot to get the rain coat that old Jim saw 
him have. Miss Mattie Smith leaves building, you say, at 
9:20 A. M. She said, — or Frank says, — at 9:15, You have 
it on this chart here that's turned to the wall that FranP 
telephoned Schiff to come to his office at 10 o h clock t and yet 
this man Frank, coolly, composedly, with his great capacity 
for figures and data, in his own statement says that he gets 
to Montags at that hour. And you've got the records, trot 
them out, if I'm wrong. At 11 A. M. Frank returns to the 
pencil factory ; Holloway and Mann come to the office ; Frank 
dictates mail and acknowledges letters. Frank, m his state- 
ment, says 11:05. Any way, oh Lord, any hour, any min- 
ute, move them up and move them down, we've got to have 
the alibi— like old Uncle Remus's rabbit, we're just tdeeged 



38 

to climb. "12:12, approximate time Mary Frisian arrives." 
Frank says that Mary Phagan arrived ten or fifteen minutes 
after Mis a Hall left; and with mathematical accuracy, you've 
got Miss Hall leaving the factory at 12:03. Why t I never 
saw so many watches, so many clocks or so many people who 
seem to have had their minds centered on time aa in this 
case. Why, if people in real life were really as accurate aa 
you gentlemen seek to have us believe, 1 tell you this would 
be a glorious old world, and no person and no train would 
ever be behind time. It doe&n't happen that way, though. 
But to crown it all r in this table which is now turned to the 
wall, you have Lemmie Quinn arriving, not on the minute, 
but, to serve your purposes, from 12:20 to 12:22; but that, 
gentlemen, conflict* with the evidence of Freeman and the 
other young lady, who placed Quinn by their evidence, in the 
factory before that time. 

Mr, Arnold: There isn't a word of evidence to that 
effect; those ladies were there at 11:35 and left at 
11:45, Corinthia Hall and Mm Freeman, they left there 
at 11:45, and it was after they had eaten lunch and 
about to pay their fare before they ever saw Quinn, at 
thy little cafe + the Busy Bee. He says that they saw 
Quinn over at the factory before 12, as I understood it. 

Mr. Dorscy: Yes, sir, by his evidence, 

Mr. Arnold: That's absolutely incorrect, they never 
saw Quinn there then and never swore they did. 

Mr. Dorsey: No, they didn't see him there, I doubt if 
anybody else saw him there either. 

Mr* Arnold Promises t* Interrupt. 

Mr r Arnold: If a crowd of people here laughs every 
time we say anything, how are we to hear the Court? 
He has made a whole lot of little mis-statements, but I 
let those pass, but I'm going to interrupt him on every 
substantial one he makes. He says those ladies saw 
Quinn, — says they say Quinn was there before 12, and 



30 

I say he wasn't there, and they didn't say that he was 
there then. 

The Court: What is it you say, Mr^Dorsey? 

Mr. Dorsey: I was arguing to the jury the evidence. 

The Court: Did you make a statement to that effect? 

Mr. Dorsey: I made a statement that those two 
young ladies say they met Holloway as he left the 
factory at 11:0& — I make the statement that as soon 
as they got hack down to that Greek cafe, Quinn came 
in and said to them, "I have just been m and seen Mr. 
Frank." 

Mr, Arnold: They never said thai, they said they met 
Hollo way at 11:45, they said at the Busy Bee cafe, but 
they met Quinn at 12 :3(K 

Mr. Dorsey: We] I, get your record — you can get a 
record on almost any phase, this busy Quinn was blow- 
ing hot and blowing cold, no man in God's world knows 
what he did say, but I've got his affidavit there- 

Jim Conley is a liar, is he ? Jim said Quinn was there, and 
Jim said Quinn was there before Mary Phagan was there; 
is that the truth? But Frank, your own man t had a hard 
time recollecting that Lemmie Quinn was ever there, and 
Lemmie is entirely too accurate and too precise and had 
too hard a time making that man there know he was in that 
factory, and even after he remembered it, Frank wanted to 
consult his lawyers before Quinn would be authorized to 
make It pubhe. Emma Freeman and Clark were there before 
12 o'clock, and they met old HoUoway as he went away, and 
they didn't stay there any length of time, and they went to 
the Busy Bee cafe and Lemmie Quinn came in immediately 
after they got up there and said "I have just been up to see 
Mr. Frank," 

Contradictions of Witnesses 

Is Jim Conley telling the truth or is Jim a liar ? You can't 
blow hot and cold — answer me, is he telling the truth or is 



40 

he telling: a lie? Jim says Quinn went up the stairs and 
came down the stairs before this little girl ever got there, 
and if that he true, why was it this man Frank wanted to 
consult his lawyers before he could ever say anything about 
it? I don't doubt you'll find something there that Lemmie 
Quinn swore, but if you'll hand me that affidavit that Lem- 
mie Quinn swore to — he's the hardest man to pin down on 
a proposition that ever I saw. That man Quinn is the most 
anxious man that ever 1 saw on the stand except old Hol- 
lo way; he would tell it if Frank said tell it, or keep it quiet 
if Frank says not to tell — and he wanted to consult his law- 
yers about it — and you tell me that an honest man, an hon- 
est juror, will believe anything like that? 

Acts, Not Words Alone. 

But, gentlemen, let me read you what a great Judge said, 
in reference to this statement. Judge Loehrane said, in 43rd 
Georgia, "I don't take the mere words even, of witnesses , I 
take their acts " And while I'm on that subject, I want to 
read you this proposition of law: "Evidence given by a wit- 
ness has inherent strength, which even a jury cannot under 
all circumstances disregard; a statement has none." Evi- 
dence of a sworn witness, who can be impeached and tried 
for perjury, has inherent strength, they say, in 101st Ga. 
52 d which a jury, acting under oath cannot disregard, but 
a statement has none — I mean, arbitrarily disregard — and 
the law even goes to the extent of saying you must not im- 
pute perjury to people if you can possibly reconcile the evi- 
dence without doing so, but in seeking to find the truth and 
do the right thing, you have got to impute it if it is so irrec- 
oncilable that you can't do so* 

Mr. Arnold: I have found that evidence, now, Mr. 
Dorsey, about the time those ladies saw Quinn. 

Mr. Dorsey: I'll admit he swore both ways. 



41 

Air. Arnold; No, he didn't, either. I read from the 
evidence of Miss Corinthia Hall : (Counsel read tbe por- 
tion of the evidence in dispute.) Then Mr. Dorsey 
asked her, "Then you say you saw Lemmie Quinn right 
at the Greek cafe at five minutes to twelve, something 
like that? A — No sir, I don't remember what time it 
was when I saw him, »c went into the cafe, ordered 
sandwiches and a cup of coiTec, drank the coffee and 
when we were waiting op the change he came in." And 
further on, "All he said (Quinn) was he had been up 
and had seen Mr Frank, that was all he said ''" A — "Yea, 
air," and so on. Now, the evidence of Quinn : "What 
sort of clock was that ?" — he's telling the time he was 
at DeFoor's pool parlor — "What sort of clock was that? 
A — Western Union clock. Q — What did the clock say 
when you looked at it? A— 12:30.'' And he also swore 
that he got to the pencil factory at 12:20, thats in a 
half dozen different places. 

The Court: Anything contrary to that record, Mr. 
Dorsey? 

Mr. Dorsey : Yes, sir, I'm going; to show it by their own 
table that didn't concur, — that don't scare anybody and 
don't change the facts. 

Mr. Arnold: Every time he makes a substantial mis- 
quotation I'm going to stop him, but not little ones, life 
is too short to jump him on tittle ones, — I'd be up all 

the time. 

Mr. Dorsey: Yes, you would,— he isn't going to let 
anything go by, he's too shrewd and too able and too 
vigilant and too anxious, don't you be afraid he's going 
to let anything get by. 

Here's this table which is turned to the wall and on which, 
for your purposes, you have Lemmie Quinn coming up to 
sec this man Frank at from 12:20 R M. to 12:22 P. 1L P and 
in tny hand I hold an affidavit made by this pet foreman of 
the metal department, who seeks to shield and protect his 
superintendent, in tfhich he says that he got up there to see 
Frank between 12 and 12:20. And Freeman and Clark say 
that they had left, that they had met old man Holloway and 



42 

old man Holloway says that he left at about a quarter to 
twelve, and they say that they went up and then they came 
down, and then went right up to the other corner and right 
back down, and that Lemmie Quinn was there t and I submit 
to you aa fair men and honest men, if Frank left the pen til 
factory, as he said in the first statement that he made in 
the presence of his counsel, Mr. Rosser, at 1 : 10 o'clock P. M. T 
on April 26th, and then he got home out yonder at 1:20, in 
the name of goodness, couldn't those girls have walked a 
block up and a block down in fifteen minutes? 

Alibi Table a Fraud. 

I know it hurts ; but this table here, which is a fraud ou 
Ha face, puts Lemmie Quinn there from 12:20 to 12:22 — no 
bigger farce in this ease than your straining at a gnat, like 
this, except Doctor Billie Owens' little pantomime with Haas 
and Fleming and Brent: "Where did you go when you left? 
Up town. Where? By the National Pencil Company, What 
time? Between 12 and 12:20" — I haven't got time to take 
up your time reading all that Lemmie Quinn said — "You 
don't undertake to be accurate about the time you was 
there?" And Lemmie Quinn says "I couldn't swear posi- 
tively," "You can't be definite as to what time you got to 
that pool room?" And Lemmie Quinn says that he got there 
between 12:20 and 12 :30 r Now, if he got to that pool room, 
several blocks away, at 12:20 — and this is Quinn's state- 
ment — how could he have gone up in the pencil factory to 
see Frank at 12:20 to 12:30? But I'l] tell you about that, 
gentlemen, whenever a man gets to swearing too definitely 
and too specifically about this thing of time t in the language 
that I just quoted from, as used by Daniel Webster, in the 
Knapp case, he isn't to be relied upon. 

Perjury Charges, 

Now, let's pass on to this perjury charge that Mr, Arnold 
has so flippantly made ; let*s consider that a little. You saw 



43 

these witnesses, you saw their manner, their attitude, their 
interest, — one of those ladies from the factory over there 
wanted to die for this man Frank, — she was almost hysteri- 
cal. When, when, gentlemen, did you ever know of an em- 
ployee being so enamored of an employer that they were 
willing to lay down and die, if that friendship was purely 
platonic? T know enough about human nature to know that 
this willingness to die, this anxiety to put her neck in a 
noose that ought to go around this man, was bora of some- 
thing more than just platonic friendship; don't you? When- 
ever you see a woman willing to lie down and die for a man 
not related to her, who occupies the relation simply towards 
her, that of an employer, you may know and you can gam- 
ble on it that there is something stronger than ordinary pla- 
tonic love. It must be a passion bora of something beyond 
the relation that ought to obtain between a married man and 
a single woman, employer and employee. 

Flimsy Story of Bauer Boy. 

We have bad a remarkable illustration here of all kinds of 
facts sworn to, if you had asked me if we could have found 
people in town who could have done it, oh, me, t wouldn't 
have believed it. Take that little Bauer boy, — the man who 
before he had that ride with Sig Montag, — the man who was 
so anxious that nothing be twisted, — and before dinner, be- 
fore he took that ride in that automobile to the office of Mr. 
Arnold, where Mr. Ro&ser was also, he could remember the 
minutest details, but after dinner, after the automobile ride, 
after he had looked into the countenance of these able coun- 
sel, Lord, me, that boy had a lapse of memory. Old man 
Sig must have told him about like that old hardshell preacher 
down in South Georgia said to his congregation, when they 
had met and prayed for rain, and they prayed and they 
prayed, and after awhile, as ohi Sam Jones said, the Good 
Lord sent them a trash mover, a ground soaker and a gully 
washer, and when it was about to flood everything and 



44 

move everything away, the old hardshell member whose 
prayers had brought the rain, scratched his chin and said t 
"Brethren, we have a leetel over-done it;" and so Montag 
must have whispered into the ears of little Roy Bauer, "Roy, 
you have a leetle over-dene it" and he had, too; and after 
dinner, he didn't know anything. 

But that wasn't all, that little boy remembered exactly 
where his watch lay — my! my! Talk about perjury, — wilful, 
deliberate, — and foolish, foolish, foolish, because an honest 
jury knows it isn't true; don't you? Of course, you do. It 
would stultify you to say anything else. But that wasn't 
all. They brought in that machinist Lee, and that fellow 
Lee was just simply prepared to swear anything, and there 
wasn't a man on this jury, there wasn't a man within the 
sound of his voice but what knows that Lee didn't tell the 
truth ; and Lee swore that he had seen in the possession of 
Schiff, just the other day, a statement that he had signed, 
and I quizzed him particularly about it, and he said he had 
seen the paper that he had signed, and forthwith we served 
them with a subpoena duces tecum to bring it here, and 
they brought in a paper that hasn't got the mention of his 
name even on the typewriter. 

Perjury of Defense Witnesses. 

Now, that's the kind of stuff you've got here, that's the 
kind of stuff they are unloading on you, and the funny part 
about it is they expect you to believe it d and not only that t 
but the idea — and they didn't think we could get Duffy— 
that that man stood right over that spot with that blood 
squirting from his finger, and every man, even one from the 
asylum, knows the first thing ho would do would *be to grab 
something and put around it. Standing there; what's the 
purpose of standing there? Well, this will be out with you. 
Well, it's the most ridiculous proposition that ever was set 
up before an honest jury. Talk about fatiguing your indig- 



45 

nation! Talk about fatiguing the indignation! DonH it 
make you sick, such silly tommy-rot? Perjury! 

Let's go a step further. I tell you, gentlemen, I never have 
yet seen a case where women have been suborned as in this 
ease. Why, you take Hiss Fleming h the stenographer, put 
up here to prove one thing and we took her up on an unsus- 
pected line of the investigation, — and she was the stenog- 
rapher, — and she swore that this man's character was un- 
usually good ; she did that. And in her cross examination, 
"You are just talking about your personal relations with 
him, I suppose? Yes sir, in general, of course" r "General, 1 ' — 
she's got that won! "general," and she's talking about her 
personal relations — oh, we didn't contend that this man tried 
to seduce or tried to ravish every woman that worked in that 
factory, — in the first place, all of them wouldn't submit, and 
he knew who to approach and who not to, except when he ap- 
proached Mary Phagan, then he was called, "But you don't 
undertake, of course, to tell what anybody said, you are just 
telling your own personal experience?" "Yes, what I saw," 
and that's in keeping with about all the evidence on charac- 
ter they have got here anyhow. "What you saw of him 
yourself? A, — Yes, sir." 

Foster Forbidding Flirting. 

Now, so much for that. I submit that isn't worth a cent, 
and that's in keeping with it all. Now, she was the stenog- 
rapher, — "Did he stay in the office all the time or circulate 
around?" A. — "No, he went to different parts of the fac- 
tory." "Did he coine in contact with the help throughout the 
factory ?" "To a certain extent he did, he was the superin- 
tendent." "There was a great deal of flirting went on at this 
window, wasn't there?" "I never did see any." They never 
asked her whether she ever heard about it, "I didn't see any 
and I donH know whether it did or not." "They tried to put 
a stop to it?" "I never heard about it" "Didn't he write 
posters and notes and put them up, about flirting?" "1 didn't 



46 

see any of them." "What time did you get off Saturday after- 
noon?" "I was supposed to get off at one o'clock/' "On holi- 
days what time did you get oil?" "1 got off all holidays, I 
never worked there on holidays at all. The factory people 
were supposed to leave at 12 o'clock on Saturdays." "Did the 
other office and clerical force get off at the same time you 
did or not?'* "I think they worked in the afternoon"— "Not 
what you think; did you enter up on the order book, and 
what did Frank do?" "He did general office work like the 
rest. This is in the morning when I was there.' h "What do 
you mean by general office work?" "I don't say that— don't 
say he did general office work — but T saw him in the morn- 
ing/' "Doing what?" "Making out the financial sheet/' 

Working at Financial Sheet. 

The stenographer put up to prove his character says, first, 
she only knows what this man did to her and in her pres- 
ence, and whtn questioned about the financial sheet, the 
stenographer, Miss Fleming, most capable of knowing exact- 
ly what work really did oeeur on Saturdays before she left at 
one o'clock h says Frank's business was to make out the finan- 
cial sheet "I saw him making out the financial sheet/' 
"You saw him at that, did you?" "Yes, sir." "Now, you are 
sure you did that?" "Yes sir." "You arc positive he did 
that?" "Yes sir, he did it always before twelve or one o'clock, 
in the morning." 

Then Mr. Arnold says, "He didn't have time to do that Sat- 
urday morning," and she caught it, lit on it like a duck on a 
Jane bug and said "No, he didn't have time Saturday morn- 
ing." She had already said in the very words 1 have read 
you thai that was his Saturday morning work. Mr, Arnold 
was so nervous that he couldn't let me continue the exami- 
nation and he interpolated, "He didn't have time lo do that 
Saturday morning" — a thing that was unfair,— and she was 
telling the truth when she said — Fve got it here in black and 
w hite — "I saw him making out the financial sheet Saturday 



47 

before I left there at one o'clock." "You saw him at that, 
did you?" "Yes sir." "Now, you are sure he did that?" "Yes 
sir," 'Tfou are positive he did that?" "Yeg Air;" and then Mr. 
Arnold tomes in with his suggestion, and she takes the bait 
and runs under the bank — he saw how it cut, Then I came 
back at her again, — now, just to show how she turned turtle, 
"You did see Frank working Saturday morning on the finan- 
cial sheet?" "No, he didn't work on the financial sheet/* 
"Why did you state a moment ago you saw him working on 
it?" "No sir. I didtiV 

My Lord ! Gentlemen , are you going to take that kind of 
stuff? I know she is a woman, and I'd hesitate except I had 
the paper here in my hands to make this charge but if you as 
honest men are going to let the people of Georgia and Fulton 
County and of Atlanta suffer one of its innocent girls to go 
to her death at the hands of a man like this and then turn 
him loose on such evidence as this, then I say it's time to 
quit going through the farce of summoning a jury to try 
him. If I had the standing, the ability and the power of ei- 
ther Messrs. Arnold or Rosser, to ring that into your ears 
and drive it home, you would almost write a verdict of guilty 
before you left your bos. 



Much Easier to Convict Negro. 

Perjury! Perjury! When did old John S tames and Pat 
Campbell, from the Emerald Isle, or Rosser ever fall so low 
that, when they could convict a negro, — easy, because he 
wouldn't have Arnold and Rosser, but just my friend Bill 
Smith. And for what reason do they want to let Jim 
go and go after this man Frank? Why didn't they take 
Newt Lee? Why didn't they take Gantt? The best reason 
in the world is that they had only cob-webs, cob- webs, weak 
and flimsy circumstances against those men T and the circum- 



48 

stances were inconsistent with the theory of guilt and con- 
sistent with some other hypothesis. 

But as to this raan f you have got cable*, strong, so strong 
that even the ability, the combined ability of the erudite 
Arnold and the dynamic Rosser couldn't break them or dis- 
turb them. 

Circumstantial evidence is Just as good as any other kind, 
when it's the right kind, It's a poor case of circumstantial 
evidence against Newt Lee; it's no case against that long- 
legged Gantt from the hi lis of Cobb. But against this man, 
oh, a perfect, a perfect case, And you stood up here and 
dealt in generalities as to perjury and corruption: it isn't 
worth a cent unless you put your finger on the specific in- 
stances, and here it is in black and white, committed in the 
presence of this jury, after she had already said that he 
wrote the financial sheet Saturday morning, and at your sug- 
gestion, she turned around and swore to the contrary. 

Yet my friend Schiff says, — no, I take that back — Sen iff 
says, with the stenographer gone, with Frank behind in his 
work t that he went home and slept all day, and didn't get up 
what he called the "dahta*' — well, he's a Joe Darter, that's 
what Schiflf is, It never happen ed t it never happened, with 
that financial sheet that Saturday morning, but if it did, it 
wouldn't prove anything. He may have the nerve of an 
Oscar Wilde, he may have been cool, when nobody was there 
to accuse him, and it isn't at all improbable* if he didn't 
have the "dahta" in the morning, for him to have sat there 
and deliberately written that financial sheet. 

But do you believe it? No. Do you tell me that this man 
Frank, when the factory closed at twelve o'clock Saturdays, 
with as charming a wife as he possesses, with baseball, — the 
college graduate, the head of the B'nai T Brith, the man who 
loved to play cards and mix with friends, would spend his 
Saturday afternoons using this "dahta" that Schiff got up 
for him, when he could do it Saturday morning? No sir. 
Miss Fleming told the truth up until that time,— "I didn't 



49 

stay there very often on Saturday afternoon ;" Miss Flem- 
ing didn't stay there all afternoon, 

Financial Sheet Saturday Morning. 

Now, gentlemen. I submit this man made that financial 
sheet Saturday morning, I'm not going to give you my rea- 
sons why I contend that, because it h unnecessary ; but if he 
did it Saturday afternoon, and SchifT hadn't gotten up his 
"dahta," he did it thinking then of an alibi J and don't you tell 
me that he didn't do it Saturday afternoon because the pen- 
manship don't betray nervousness, — an expert like him, with 
nobody to accuse him, if he could go home and in the bosom 
of his family so deport himself after that atrocious crime as 
not to be observed by his family t if that be true, he could 
have fixed up that financial sheet Saturday afternoon, but he 
wouldn't have done it without Schiff having furnished the 
data if he hadn't been suspecting an accusation of murder- 
ing that little girl. A man of Frank's type could easily have 
fixed that financial sheet, — a thing he did fifty-two times a 
year for five or six years, — and could have betrayed no nerv- 
ousness, he might easily, — as he did when he wrote for the 
police, — in the handwriting, a thing that he was accustomed 
to do, — even in the presence of the polices — you'll have it out 
witli you — he may have written so as not to betray his nerv- 
ousness. 

Friend Wouldn't Identify Writing. 

And speaking about perjury; There's a writing that hi3 
mother said anybody who knew his writing ought to be able 
to identify and yet, that man you put up there to prove 
Frank's writing, was so afraid that he would do this man 
some injury, that he wouldn't identify the writimj that his 
mother says that anybody that knows it at all, eould recog- 
nize. I grant you that he didnt betray nervousness, prob- 
ably, in the bosom of his family ; 1 grant you that be could 



50 

fix up a financial sheet that he had been fixing up fifty-two 
times a year for five or six years and not betray nervousness; 
I grant you that he could unlock the safe, a thing that he did 
every day for three hundred and sixty -five days in the year, 
without betraying nervousness; but when he went to run the 
elevator, when he went to nail up the door, when he talked to 
the police, when he rode to the station, then he showed 
nervousness, 

Beattie Joked, Too. 

But he could sit in a hall and read and joke about the 
baseball umpire, but his frivolity, that annoyed the people 
Saturday night that they had the card game, was the same 
kind of frivolity that Beattie betrayed when he stood at the 
automobile that contained the blood of his wife that he had 
a hot. And certainly it is before this jury that he went in 
laughing* and joking and trying to read a story that resulted 
only in annoyance to the people that were in that card game. 

But whether or not he made out that financial sheet, I'll 
tell you something that he did do Saturday afternoon, when 
he was waiting up there for old Jim to come back to burn 
that tody, I'll tell you something that he did do, — and don't 
forget the envelope and don't forget the way that that paper 
was folded, either, don't forget it: Listen to this: "I trust 
this finds you and dear tont (that's the German for aunt) 
well after arriving safe in New York, I hope you found all 
the dear ones well, in Brooklyn." 

Lelier to Uncle, 

Didn't have any wealthy people in Brooklyn, eh? This 
uncle of his was mighty near Brooklyn, the very time old 
Jim says he looked up and said "I have wealthy people in 
Brooklyn," And I would really like to know, I would like to 
see how much that brother in law that runs that cigar busi- 
ness has invested in that store, and how much he has got. 



51 

The very letter that you wrote on Saturday, the 26th, shows 
that you anticipated that this old gentleman, whom every- 
body says has got money d was then, you supposed, in Brook- 
lyn, because here you say that "I hope you have found all 
the dear ones weir — but I'm coming back to what Frank 
said to old Jim — "and I await a letter from you telling me 
how you found things there in Brooklyn. Lucile and I are 
well." 

Now here is a sentence that is pregnant with significance, 
which bears the ear-marks of the guilty conscience ; tremu- 
lous as he wrote it? No, he could shut his eyes and write and 
make up a financial sheet, — he's capable and smart, wonder- 
fully endowed intellectually, but here's a sentence that, if I 
know human nature and know the conduct of the guilty con- 
science, and whatever you may say about whether or not he 
prepared the financial sheet on Saturday morning, here's a 
document I'll concede was written when he knew that the 
body of little Mary Phagau T who died for virtue's sake, lay 
in the dark recesses of that basement- "It is too short a 
time," he says, "since you left for anything startling to have 
developed down here" Too short! Too short! Startling! 
But "Too short a time/* and that itself shows that the das- 
tardly deed was done in an incredibly short time. And do 
you tell me, honest men, fair men, courageous men, true 
Georgians seeking to do your duty, that that phrase, penned 
by that man to his uncle on Saturday afternoon, didn't come 
from a conscience that was its own accuser? "It is too short 
a time since you left for anything startling to have developed 
down here," What do you think of that ? And then listen 
at this, — as if that old gentleman, his uncle, cared anything 
for this proposition, this old millionaire traveling abroad to 
Germany for his health, this man from Brooklyn, — an emi- 
nent authority says that unusual, unnecessary t unexpected 
and extravagant expressions are always earmarks of fraud ; 
and do you tell me that this old gentleman, expecting to sail 
for Europe, the man who wanted the price list and financial 
sheet, cared anything for those old heroes in gray? And isn't 



52 

this sentence itself significant: 'Today was yontift* (holi- 
day) here, and the thin gray lines of veterans here braved 
the rather chilly weather to do honor to their fallen com- 
rades ri ; and this from Leo M. Frank, the statistician, to the 
old man, the millionaire, or nearly so, who cared so little 
about the thin gray line of veterans, but who cared all for 
how much money had been gotten in by the pencil factory. 

Letter Betrays Frank. 

"Too short a tirne for anything startling to have happened 
down here since you left;" but there was something start- 
ling, and it happened within the space of thirty minutes. 
"There is nothing new in the factory to report," Ah! there 
was something new, and there was something startling, and 
the time was not too short. You can take that letter and 
read it for yourself. You tell me that letter was written in 
the morning, do you believe it? I tell you that that letter 
shows on its face that something startling had happened, 
and that there was something new in the factory, and J tell 
yon that that rich uncle, then supposed to be with his kin- 
dred in Brooklyn, didn't care a flip of his finger about the 
thin gray line of veterans. Ilia people lived in Brooklyn, 
that's one thing dead sure and certain, and old Jim never 
would have known it except Leo M. Frank had told him, and 
they had at least 320,000,00 in cool cash out on interest, and 
the brother-in-law the owner of a store employing two or 
three people, and we don't know how many more ; and if the 
uncle wasn't in Brooklyn, he was so near thereto that even 
Frank himself thought he was there at the very moment he 
claimed he was there, because he says "you have seen or are 
with the people in Brooklyn." 

Telegraphs to Montag. 

All right; let's go a step further. On April 28th, he wired 
Adolph Montag in care of the Imperial Hotel — listen, now + 



S3 

to what he says — "You may have read in Atlanta papers of 
factory girl found dead Sunday morning.'' In factory? In 
factory? No, "in cellar." Cellar where? "Cellar of pencil 
factory/' There's where he placed her, there's where he ex- 
pected her to he found ; and the thing gelled up in his mind 
to such an extent that, Monday morning, April 28th, before 
he had ever been arrested, he wires Montag forestalling 
what he knew would surely and certainly come unless the 
Atlanta detectives were corrupted and should suppress it 
and protect him, as he sought to have Jim Conley do; hut 
be it said to your credit, John Starnes, and he it said to your 
credit. Pat Campbell, and be it said to your credit, Rosser, 
and be it said to your credit, Black h you had the manhood 
and the courage to do your duty and to roll it up to this man, 
surrounded and protected as he was by wealth and influence, 
and at that time, ah, listen at this, listen at this, ye men that 
have been accused of the most dastardly crimes, ye men that 
have been accused by these attorneys here employed to de- 
fend this man, of subornation of perjury, listen to the com- 
mendation which Frank himself, at the time he was seeking 
to have you put a rope around the neck of Newt Lee and 
around the neck of Gantt, says about you : 

*Tfou have read in Atlanta papers of factory girl found 
dead Sunday morning in cellar of pencil factory. Police will 
eventually solve it," — he didn't have any doubt about it — 
J *PolIce will eventually solve it" — and be it said to their cred- 
it they did, — "Assure my uncle" — he says, Monday morn- 
ing — "1 am all right in case he aska. Our company has case 
well in hand." "Girl found dead in pencil factory cellar," he 
says in the telegram, "the police will eventually solve it," he 
say ft, before he was arrested, "1 am all right, in case my 
Uncle asks/' and *'our company has the case well in hand." 

Honesty of Puikerton Detective. 

Well, maybe he did think that when he got that fellow 
Scott, that he had it well In hand. I'll tell you, there's an 



54 

honest man. If there was a slush fund in this case, — these 
witnesses here say they don't know anything about it, but if 
there was a alush fund in thia case, Scott could have 
got it T because, at first, he never heard any words 
that sounded better to him than when Scott said "we travel 
arm in arm with the police," that's exactly what Frank 
wanted them to do at that time, he wanted somebody that 
would run with Slack and Stames and Rosser, and it sound- 
ed good to him, and he said all right. He didn't want him 
to run anywhere else, because he wanted him to work hand 
in glove with these men, and he wanted to know what they 
did and what they said and what they thought. But Haas — 
and he f a nobody's fool — when he saw that they were getting 
hot on the trail, opened up the conversation with the sug- 
gestion that "now yon let ua have what you get, first," and 
if Scott had fallen for that suggestion, then there would have 
been something else. You know it. You tell me that letter 
and that telegram are not significant? I tell you that this 
evidence shows, notwithstanding what "Joe Darter" Schiff 
swore, when he saw the necessity to meet this evidence of 
Miss Fleming, which Mr. Arnold tried so hard, because he 
saw the force of it, to turn into another channel, that Frank 
didn't fht that financial sheet Saturday morning. I say that, 
with the stenographer gone and Frank behind (and Schiff 
had never done such a thing before, he had always stuck to 

him in getting it up before), that what Gantt told you Is the 
truth. 

This man t expert* brilliant — talk about this expert ac- 
countant, Joel Hunter! Why, he isn't near as smart as this 
man Frank, to begin on, and besides, the idea of his going up 
there and taking up those thinga and trying to institute a 
comparison as to how long it would take him, even if he had 
the capacity of Frank — he hasn't got it — to go up there and 
do those things — why, it's worse than ridiculous. 



55 

Frank's Statement Implies Guilt. 

And Frank himself wasn't satisfied with all this showing 
about what he had done, he got up on the stand, — he saw 
the weakness of his case, and he's as smart as either one of 
his lawyers, too, let me tell you t and I'll bet you he wrote 
that statement, too, they may have read it, bin. he wrote it — 
Frank realized that he must go over and beyond what the ev- 
idence was, and through his statement he sought to lug Into 
this case something that they dithVt have any evidence for. 
Why ? Because he knew in hi^ heart thai all this talk about 
the length of time it took to fix that financial sheet was mere 
buncombe. Then he seeks to put in here through that state- 
ment — and if we hadn t stopped him he would have done it — 
a whole raft of other stuff that Schiff, as willing as he was, 
as anxious as he was, couldn't stultify himself to such an ex- 
tent as to tell you that Frank did that work Saturday morn- 
ing- But if he did write that financial sheet Saturday after- 
noon, a thing J submit he didn't do, — I'm willing to admit 
he wrote that letter, — I ask you, as fair men and honest 
men and disinterested jurors representing the people of this 
community in seeing that justice is done and that the man 
who committed that dastardly deed has meted out to him 
that which he meted out to this poor little girl, if this docu- 
mentary evidence, these papers, don't have the impress of 
a guilty man ? You know it. 

Four Instances of Perjury. 

All right; but you say there'.- perjury. Where is it? I'll 
tell you another case — 1 have already referred to it — it's 
when that man T put up there to identify Frank's writing, 
failed to identify a writing that Frank's own mother swore 
that anybody that knew anything about his writing could 
have identified. There's perjury there when Eoy Bauer swore 
with such minute particularity as to his visits to that fac- 
tory. There's perjury when this man Lee says that Duffy 



56 

held his finger out and just let that Wood spurt. But that 
ain't all. Here's the evidence of Mrs, Carbon, Mrs. Carson 
says she has worked in that factory three years; and Mr. 
Arnold, in that suave manner of his, without any evidence to 
support it, not under oath, says "Mrs. Carson, I'll ask you a 
question I wouldn't ask a younger woman, have you ever at 
any time around the ladies 1 dressing room seen any blood 
spots;*' and a he said "I certainJy have." That's a ridiculous 
proposition on ita face. "Have you seen that on several oc- 
casions or not?" "I seen it three or four times'* — now, in 
three years i but now, "Did you ever have any conversation 
with Jim Conley?" and she says, "Yes, on Tuesday he came 
around to sweep around my table*' — that T s exactly where 
Jim says be was Tuesday morning before this man was ar- 
rested; "What floor do you work on?" "Fourth." "What 
floor do your daughters work on?" "On the fourth," "Did 
you see him up there Monday morning?" "No sir" — that's 
Frank- "Tuesday morning?" "I saw him Tuesday morn- 
ing" — he was up there on the fourth floor after the murder, 
on Tuesday, "sometime between nine and eleven o'clock." I 
said, "between nine and eleven, somewhere along there?" 
"Sometime between nine and eleven thirty/' "Now, Jim 
Conley and I*eo M. Frank were both on your floor between 
the same hours ?" "I saw Mr. Frank and I saw Jim Conley," 
"And you know it because you bad a conversation with Mr. 
Frank, and you had a conversation with Jim Conley?" "Yes, 
I saw them both.' T And Conley says — and surely, Conley 
couldn't have been put up to it by these men, even if they had 
wanted to suborn perjury — that when Frank came up there 
Tuesday morning before he was arrested, it was then that he 
came to him and leaned over and said "Jim, be a good boy, hT 
and then Jim, remembering the money and remembering the 
wealthy people in Brooklyn and the promises that Frank 
made, says, "Yes, lis." 

Tuesday morning, says Mrs. Carson, your witness* Jim 
Conley and Frank both were on that floor , and Jim was do- 
ing exactly what he said he was doing, sweeping. Now, let's 



57 

see. This old lady was very much interested. "Now, did you 
go on the office floor to see that blood" — listen at this— 
"What blood V "The blood right there by the dressing 
room?" "What dressing room, what blood are you talking 
about ?" She had seen it three or four times all over the fac- 
tory. "On the second floor?" "No sir," she says, ' I never 
did see that spot." ''Never saw it at all?" "No, 1 didn't 
cure to look at nothing like that." "You don't care to look 
at nothing like that ? + ' A,— "Xo air, I don't." 

Now, that's lira. Carson, the mother of Miss Rebecca, 
that's what she told you under oath when she was on the 
stand. 

Frank's Protection Eased Conley. 

Now, let's see about perjury. Now, mark you, I'm not 
getting up here and saying this generally , without putting 
my finger on the specific instances, and I'm not nearly ex- 
hausting the record, — you can follow it up, — but I am just 
picking out a few instances. Here's what Mrs, Small says 
about Jim Conley reading the newspapers. Well, if Jim 
had committed that crime and he hadn't felt that he had 
the power and influence of I^eo Frank back of him to pro- 
tect him, he never would have gone back there to that fac- 
tory or sat around and read newspapers, and you know it, 
if you know anything about the character of the negro. 
Why was he so anxious to get the newspapers? It was be- 
cause Jim knew some of the facts that he wanted to sec, 
negro-like, — that's what made him so anxious about it. 
Here Mr, Arnold comes, — "You are a lady that works on the 
fourth floor, and I'm going to ask you a question that we 
are going to ask every lady that works on that fourth 
floor;' 1 and we caught them out on that proposition, too, 
didn't we? And you don't know right now how many wo- 
men that worked on that floor were put up and how many 
weren't. You've got the books and the records and you 
could have called the names, and you didn't dare do it, and 



58 

after you had gone ahead and four-flushed before this jury 
aa to what you were going to do, we picked out Miss Kitch- 
ens and brought her here and she corroborated your own 
witness, Misa Jackson, as to the misconduct of this superin- 
tendent, Frank, 

Now, let's see what Mrs. Small says — Mrs. Small is the 
lady that got the raise, you remember, and couldn't tell 
what date it was h thought it had been about four months 
ago, she got a five cent raise; about four months ago would 
make it since this murder, and when I got to quizzing her 
about it she didn't know when she got the raise, and she's 
not the only one that got the raise, and it wasn't only in the 
factory that they raised them, either. Even Minola Mc Knight 
got some raise, and after she saw the import of it, "You 
don't remember the exact date," "No sir, I donV when 
she had already placed the date subsequent to this murder; 
and this woman, Mrs* Small, also corroboratea Jim Conley 
about being up there Tuesday, 

Frank Went Up to See Conley. 

"Did you see Mr. Frank up there any of those days?" "I 
saw Mr, Frank up there Tuesday after that time." "What 
time Tuesday?" "I couldn't tel] you, I guess it was between 
eight and nine o'clock." The other one saw him somewhere 
between nine and eleven or eleven thirty. This lady, their 
witness, says that he was up there between eight and nine. 

Why was Frank so anxious to go up there on that floor? 
Why? It was because he wanted to see this man Jim Con- 
Jey that he thought was going to protect him. Mr. Rosser 
characterized my suggestion that this man Frank called 
upon and expected Jim Conley to conceal the crime as a dir- 
ty suggestion, and I accept it as absolutely true, and I go 
a step further, and say it was not only dirty, it was infa- 
mous. And he would today sit here in this courthouse and see 
a jury of honest men put a rope around Jim Con ley's neck, 
the man that was brought into it by him; and he didn't 



59 

mean to bring Jim Conley in unless he had to— and he had 
to. Jim says the first question he asked him when he saw 
him down there after this dastardly crime had been com- 
mitted was, "Have you seen anybody go up?" "Yes," says 
Jim, "I have seen two girls go up but I haven't seen but one 
come down." And then it was that this man saw the abso- 
lute necessity of taking Jim into his confidence, because he 
knew that Jim was on the lookout for him, and Starnes and 
Campbell and Black, combined, together, and even if you 
make a composite intellect and add the brilliance of Messrs. 
Rosser and Arnold to that of these detectives, could never 
have fitted that piece of mosiac into the situation ; it isn't 
to b*j done. 

Low Enough to Hang Conley Instead, 

"Jim, have you seen anybody go up?" "Yes," said Jim, 
"1 see two girls go up but only one came down." And you 
told Jim to protect you, and Jim tried to do it, and the sug- 
gestion was dirty, and worse than that, it is infamous, to be 
willing to see Jim Conley bung for a crime that l^eo Frank 
committed. 

But I'm coming to that after while, 1 haven't got to the 
State's ease yet, I'm just cutting away some of the under- 
brush that you have tried to plant in this forest of gigantic 
oaks to smother up their growth, but you can't do it, the 
facts are too firmly and too deeply rooted. Oh, yes, says 
Mrs. Small, I saw Frank up there on that fourth floor be- 
tween eight and nine o'clock Tuesday morning, and the oth- 
er lady saw him up there between nine and eleven, she 
wouldn't be sure the day he was arrested — I say arrested, 
according to Frank's own statement himself, they got him 
and just detained him, and even then, red-handed murderer 
as hi? was, his standing and influence, and the standing and 
influence of his attorney, somehow or other— and that's the 
only thing to the discredit of the police department through- 
out the whole thing, say what you may— they were intimi- 



60 

dated and afraid because of the Influence that was back of 
him 5 to consign him to a cell like they did Lee and Con ley, 
and it took them a little time to arrive at the point where 
they had the nerve and courage to face the situation and 
put him where he ought to be. 

Honest Efforts of John Black, 

Now, I'll tell you another thing, too, if old John Black — 
and Mr. Rosaer didn't get auch a great triumph out of him 
as he would have ua believe, either. Black'a methods arc 
somewhat like Rosser's methods, and if Black had Rosser 
where Rosaer had Black, or if Black had Rosser down at 
police station, Black would get Rosser ; and if Black had been 
given an opportunity to go after this man, Leo M. Frank, 
like he went after that poor defenseless negro + Newt Lee, 
towards whom you would have directed suspicion* this trial 
might have been obviated, and a confession might have been 
obtained. You didn't get your lawyer to sustain you and 
support you a moment too soon. You called for Da r ley, and 
you called for Haas, and you called for Rosser, and you called 
for Arnold, and it took the combined efforts of all of them 
to keep up your nerve. You know that I'm telling you the 
truth, don't you? And I don't want to misquote and I won't 
misquote „ but I want to drive it home with all the power 
that T possibly can or that I possess. The only thing in this 
case that can be said to the discredit of the police department 
of the City of Atlanta is that you treated this man, who 
snuffed out that little girl's life on the second floor of that 
pencil factory, with too much consideration, and you let able 
counsel and the glamour that surrounds wealth and influ- 
ence, deter you. I honor — 1 have nothing to do with it — but 
I honor the way they went after Minola McKnight. I don't 
know whether they want me to apologize for them or not, 
but if you think that finding the red-handed murdered of a 
little girl like this is a ladies' tea party, and that the detec- 
tives should have the manners of a dancing master and apol- 



61 

ogize and palaver, you don't know anything- about the busi- 
ness, You have seen these dogs that hunt the 'possum bark 
up a tree or in a stump, and when they once get the scent 
of the 'possum, you can do what you like but they'll bark up 
that tree and they'll bark m that stump until they run him 
out, and so with old John Staraes and Campbell. They knew 
and you know that Albert McKnight would never have told 
Craven this tale about what he .saw and what his wife had 
told him except for the fact that it be true, and if you had 
been Starnes, you would have been barking up that tree or 
barking in that stump until you ran out what you knew was 
in there. That"* all there is to it. 

Following Duty of Solicitor, 

You have got the writ of habeas corpus that p 3 guaranteed 
to you, go and get it ; and if Mr. Haas had come to me Tues- 
day morning and said "You direct the police" — on Monday 
morning* when Frank was taken down into custody, and 
said to me, "You direct the police to turn this man Frank 
loose, he's innocent," I would have said "It's none of my 
business* 1 run my office, they run their office," and the 
nejct time the police department, in an effort to serve the 
people of this community, take a negro that they know and 
you know and lock her up or what not, I'll not usurp the 
functions of the judge of these courts, who can turn her 
loose on a habeas corpus* and direct them to turn her loose 
or interfere in any way in their business; I don't run the 
police department of the City of Atlanta, I run the office 
of Solicitor General for the term that the people have elected 
me, and I'm taken to task because 1 went in at the beginning 
of this thing and didn't stand back, 

I honor Mr. HilL T am as proud of having succeeded him 
as I am that I was elected to the position by the people of 
this community, to the office of Solicitor General, but I have 
never yet seen the man that 1 would take as my model or 
pattern; I follow the dictates of my own conscience. And 



62 

if there is one act since I have been Solicitor Genera! of 
which I am proud, it is the fact that I joined hand and glove 
with the detectives in the effort to seek the mur- 
derer of Mary Phagan r and when your influence poured let- 
ters in to the Grand Jury, in an effort to hang an innocent 
man, negro though he be, that I stood firmly up against it. 
If that be treason, make the best of it. And if you don't 
want me to do it, then get somebody else to fill the job, and 
the quicker you do it the better it will suit me, I will not 
pattern myself after anybody or anybody's method, not even 
Mr. Hill, and, bless his old soul, he was grand and great, and 
I have wished a hundred rimes that he was here today to 
make the* speech that I'm now making. There wouldn't be 
hair or hide left on you, — he was as noble a3 any Roman that 
ever lived, as courageous aa Julius Caesar, and as eloquent 
as Demosthenes. Such talk as that don't scare me, don't 
terrify me, don't disturb the serenity of my conscience, 
which approves of everything that I have done in the prose- 
cution of this man. 

Witness Substantiates Conlcy. 

Now, let's come back here and discuss this thing of per- 
jury t let's talk about that a little, let's not get up here and 
say that everybody is a liar without citing any instances 
and that they are crack-brain fanatic*, let's knuckle down 
and get specific instances. So this Mrs. Small says she saw 
Jim Con ley, — "Did you see Mr, Frank up there on any of 
those days?" "I saw Mr. Frank after that crime on Tues- 
day." "What time Tuesday?" "I couldn't tell you, I guess 
between eight and nine o'clock, he and Miss Carson were 
coming up from the back end of the factory (Miss Rebecca, 
I presume)," "He and Mrs. Carson were coming up from 
the back end of the factory, and I stepped up in front of him 
and I said 'Here, llr, Frank, wait a moment, 0. K. this tick- 
et,' he says 'are you going to put me to work as soon as I 
get here?' and I says 'Yes it's good for your health/ He 



63 

O. EVd the ticket and I went on with my work." So Frank 
was up there Tuesday morning. 

"Now, speaking about Mrs. Carson, how far towards the 
elevator did Mrs, Carson go with Frank? A,— "Mrs. Car- 
son wasn't up there, it was Miss Carson, Miss "Rebecca." 
The old lady says she was ; I said, "Oh, the old lady wasn't 
up there at all*" "No sir, she wasn't there Tuesday at all-" 
"You saw Miss Rebecca Carson walking up towards tbe 
elevator?" <c Yes sir." "What was Conley doing?" "Stand- 
ing there by the elevator." And yet Jim has lied about 
Frank! Frank was up there twice, Jnn was sweeping, Jim 
was there by the elevator. "At tbe time you saw Frank, 
the negro was standing there at the elevator?" "Yes, sir, 
he wasn't sweeping, he was standing there with bis hand on 
the truck looking around." "Did he see you and Frank?" 
"I guess he must have seen us." "Where was Conley wben 
he went down the steps?" "Standing in front of the eleva- 
tor." "How close did Frank pass Conley? 1 ' "As close as 
from here to that table, about four feet." "Conley was 
still standing there with his hand on that thing, is that 
trne?" "Yes sir." 

Couldn't Hear Elevator Far. 

"That" s exactly like Conley says. And here's another 
thing: This woman, Mrs. Small, test! Acs about that eleva- 
tor, — it shakes the whole building, I said, anybody in the 
world could tell it if the machinery wasn't ranning? Sbe 
says, "No, anybody in the world could tell it if tbe machin- 
ery wasn't r unning but you can't notice it unless you are 
close to the elevator." I asked *Tf there was hammering 
and knocking, would you still hear tbe elevator?" She said 
"You could if you get close to it," Well, of course, you could, 
nobody disputes that. "If tbe elevator was up here, and 
you were hack in the rear and there was hammering and 
knocking going on, you couldn't V "No sir. tf And that dis- 
poses of that point, that's tbe truth on that. 



61 

New, Mrs. Carson had already sworn here positively that 
she didn't go down to see that blood, hasnt she? There were 
too many of these people over there at the factory who had 
seen that blood, — that blood that at first wasn't blood, it was 
paint, and then wasn't paint but was cat's Mood or blood 
from somebody that was injured, and then wasn't fresh 
blood but was stale blood — too many of them had seen it. 
"On Wednesday I had no business back there, I was there 
one day but can't remember," "What did you go back there 
for?" "A crowd of us went at noon to see if we could see 
any blood spots." "Were you successful ?" "No sir." "Who 
went with you V And lo and behold, Mrs. Carson, the moth- 
er of Rebecca, had already stated that she didn't go about 
it, the very first person that this Mrs. Small refers to — ■ 
"Well, Mrs. Carson- 1 ' "Mrs, Carson went with you/' I said, 
"Yes sir, she saw the places where the blood was said to 
be." "You know she was there, you are pretty sure she was 
there?" Mrs. Small said "Yes sir." "It looked like what?" 
"Looked like powder." "How much of it down there?" "A 
small amount, just a little, looked like some of the girls had 
been powdering their face and spilled powder." You know 
better than that. I came back to the subject, "What makes 
you say Mrs- Caraon went down there with you?" Answer, 
— "Because curiosity sent us down there." H 'Did curiosity 
send her down there too?" *'We went back afterwards," 

Now, gentlemen, somebody swore, — and T put it up to you, 
too, — somebody committed perjury! "You were going back 
yourself and went to get her?" "Yes sir." "She didn't 
make any objection to going down, did she?" "No sir." 
"Don't you know she didn't go?" "I know," she says, "that 
she did." 

Instances, Not Generalities. 

All right; if this ease is founded on perjury, it's the ket- 
tle calling the pot black, and I haven't dealt in glittering 
generalities, I have set forth specific cases, Rut that isn't 



65 

intended to be exhaustive, that's a mere summary of a few 
of these instances, they are too numerous to mention. The 
truth is that there is no phase of this case, where evidence 
was needed to bolster it up that somebody hasn't come in, 
you say t willingly and without pay, because, yon say there 
is no slush fund back of this case. Now, let's pass on here 
a little bit. 

They tried mighty hand to break down this man Albert 
McKnight with Miuola — and I believe I'll leave that for a 
little later and come now to this statement of Frank's. 
Gentlemen, I wish I could travel faster over this. I'm do- 
ing the very best I can, I have a difficult tusk and I wish I 
didn't have it to do at ail. 

Notes Incriminate Frank. 

Now, gentlemen, I want to discuss briefly right here these 
lettavs, and if these letters weren't "the order of an all -ruling 
Providence I should agree with my friends that they are the 
silliest pieces of stuff ever practiced ; but these letter* have 
intrinsic marks of a knowledge of this transaction," these 
paas h that pad,' — things usually found in his office, — this man 
Frank, by the language of these notes, in attempting to fas- 
ten the crime upon another, "has indelibly fixed it upon him- 
self." I repeat it, these notes, which were intended to fix the 
crime upon another, "have indelibly fixed it upon this defend- 
ant," Leo M. Frank. The pad, the papor, the fact that he 
wanted a note,. — you tell me that ever a negro lived on the 
face of the earth who, after having killed and robbed, or rav- 
ished and murdered a girl down in that dark basement, or 
down there in that area, would have taken up the time to 
have written these notes, and written them on a scratch pad 
which is a thing that usually stays in the office, or written 
them on paper like this, found right outside of the office of 
Frank, as shown on that diagram, which is introduced in evi- 
dence and which you will have out with you 7 You tell me 
that that man, Jim Conley, sober, as Til lander and Graham 



66 

tell you, when they went there, would have ravished this girl 
with a knowledge of the fact that Frank was in that house ? 
I tell you no* Do you tell me that this man, Jim Conley, 
"drunk as a fiddler's bitch," if you want it that way, would, 
or could have taken time to have written the Be notes to put 
beside the body of that dead girl? I tell you no h and you don't 
need me to tell you, you know it. The fact, gentlemen of the 
jury j that these notes were written — ah, but you say that 
it's foolish. You say it's foolish? It's ridiculous. It was a 
a illy piece of business, it was a great folly ; but murder will 
out, and Providence direct things in a mysterious way, and 
not only that, as Judge Bleckley says h "Crime, whenever 
committed, is a mistake in itself; and what kind of logic is 
it that will say that a man committed a crime, which is a 
great big mistake, and then, in an effort to cover it up, won't 
make a smaller mistake?" There's no logic in that position. 
The man who commits a crime makes a mistake, and the man 
who seeks to cover it up nearly always makes also a little 
mistake. And this man here, by these notes purporting to 
have been written by little Mary Phagan, by the verbiage and 
the language and the context, in trying to fasten it on an- 
other, as sure as you are sitting in this jury box "has indeli- 
bly fastened it on himself*" These gentlemen saw the signifi- 
cance of the difference between Scott's evidence, when he 
was before the Coroner h — and he wasn't quizzed there par- 
ticularly about it, — 'T told her no," and "I told her T didn't 
know"; to tell that little girl "No," would have given her no 
excuse h according to their way of thinking, to go back to see 
whether that metal had come or not, but to tell her "I didn't 
know," would lure her back into the snare where she met her 
death. And your own detect ive h Scott, says, after he gave 
the thing mature deliberation, that this man on the Monday 
evening, — and he was so anxious about getting a detective 
that he had that man SchhT telephone three times, three 
times, three times, three times, — remember that, — so anx- 
ious was he- Scott says, after thinking over the matter, that 
Leo M. Frank told that girl that he didn't know whether the 



67 

metal had come or not, and she went back there to see about 
the metal, and he followed her back there. Mr. Arnold saw 
it. 

Copley Would Have Written *I>oiie It." 

I'll tell you another thing, that old Staraes and Campbell 
and Rosser, and even Newport Lanford, if he had been called 
in, and even if 1 had been called is, to save my life, could not 
have known that the very word that Leo M. Frank used, ac- 
cording to Jim Conley when Conley says Frank told tiim 
"I'm going to chat with a girl," would have been used exact- 
ly four times, as I'll show you when I come to read this state- 
ment by Leo il, Frank, for he chatted, and he chatted, and 
he chatted, and he chatted, according to his own statement. 
This letter that 1 hold is my hand says that this negro "did 
it," Old Jim Conley in his statement here, which I hold in 
my hand, every time he opened his mouth says "I done it" 
Old Jim Conley, if he had written these notes, never would 
have said "this negro did it by his self," but Frank wanted it 
understood that the man that did do it r "did it by his self." 
Jim Conley says that Frank says he wanted to chat, and four 
times in this statement before they suspended to go out and 
let you refresh yourself, this man Frank had said that some- 
body came in the office "to chat,' and Mr, Arnold, in making 
his argument to the jury h realized, because he is as keen and 
as smart as they ever get to be, the force of that word and 
endeavored to parry the blow which I now seek to give this 
defendant, 

Necessity of Moving to Basement. 

And you tell me that old Jim Conley, after he had robbed 
and murdered, op after he had ravished and murdered this 
girl, when he would have had no occasion in the world to have 
cared whether her dead body was found right there at that 
chute, was such a fool as to take the time to take her body 



68 

way back there in the basement and hide it behind the cor- 
ner of that room? I tell you that it never occurred. That 
body was taken down there and put in the place where it was. 
Why? Because she was murdered on the second floor, where 
the blood spots are found, and because Leo M + Frank* the 
superintendent of the plant, saw and felt the necessity that 
that girl's body should not be found on the second floor of 
the pencil factory, but, to use the language which he put in 
the letter or telegram which he sent to Adolph Montag in 
New York, "in the cellar. '* My! Myl "That negro fireman 
down here did this." 

Now, let's see how many times Jim says "done it": tT l 
locked the door like he done told me, I remembers that be- 
cause the man what was with the baby looked at me like he 
thought I done it," That's when they ran into the man that 
Jim says looked at him like he thought "I done it." 
It's the difference between ignorance and education, and 
these notes that you had that man prepare in your office on 
this paper that stayed on that floor and on that pad that 
came from your office, bear the marks of your diction, and 
Starnes and Campbell, with all their ingenuity, couldn't have 
anticipated that old Jim would get up here and state that 
"this man looked at me when he ran into that baby, like 1 
done it"; and couldn't have made him say "I locked the 
door like he done told me"; and couldn't have said "I went on 
and walked up to Mr. Frank and told him that girl was done 
dead, he done just like this and said sh-h-h/ 1 T could go on 
with other instances. 

He Said He Was Going to Chat With Her. 

And there's your word "chat," "chat," "chat," "chat," four 
times, I'm going to read it to you, it's here in black and white, 
and you can't get around it. This girl went down there in 
that scuttle hole? Listen at this, — you didn't want to aay 
that she went back there to see about the metal, but you 



knew that the ladies' water closet was back there, and you 
make this poor girl say "I went to make water," "I went to 
make water, he pushed me down that hole h a long; tall, black 
negro" — "long, slim, tall, negro, J write while he play with 
me." And this note says "that long, tall h black negro did it 
by his self." Make water? Where {lid :>he go to make wa- 
ter? Right back there in the same direction that she would 
have gone to see about the metal. You tell me, except Prov- 
identially, that that would have crept in here ? You tell me 
that old Jim Conley, negro, after he had struck that girl with 
that big stick, — which is a plant as sure as you are living 
here and as sure as Newt I-et* shirt was a plant, — you tell 
me that negro felt any inducement or necessity for leaving 
that girl's form any where except where he hit her and 
knocked her down? You tell me that he bad the ingenuity, 
— and mark >ou h Starnes and these other men weren't there 
then to dictate and map out, — you tell me that he would 
write a note that she went back to make water when there's 
no place and her usual place was up there on the second floor? 

Notes Are Powerful Argument. 

I tell you, gentlemen of the jury, that a smarter man than 
S tames, or a smarter man than Campbell, a smarter man 
than Black, a smarter man than Rosser, in the person of Leo 
II, Frank, felt impelled to pm there these letters, which 
he thought would exculpate him, hut which incriminate and 
damn him in the minds of every man seeking to get at the 
truth. Yet you tell me there's nothing in circumstantial 
evidence, when here's a pad and there's the pad and there's 
the notes, which you must admit, or which you don't deny, 
old Jim Conley wrote, because you say in your statement you 
had got numerous notes from him, and yet, the very day, 
at the police station, according to your own statement, when 
you wrote that, you saw the original of these, and you didn't 
open your mouth, yoti didn't say a word* you didn't direct 
the finger of suspicion against this man Jim Conley, who 



70 

had been infamously directed to keep quiet to protect you* 
Things don't happen that way, gentlemen, and you know it. 
There isn't an honest man on that jury, unbiased, unpreju- 
diced, seeking to get at the truth, but what knows that these 
letters,— silly? Yes, silly, except you see the hand of Provi- 
dence in it all — that don't know that the language and the 
context and the material out of which they are written were 
written for the protection of Lto M, Frank, the superinten- 
dent of this factory, who wired Montag to tell his uncle *'if 
my uncle inquires about me state that T am all right, the po- 
lice have the thing well in hand and will eventually solve the 
problem," and the girl was found dead, not in the factory, 
but in the cellar. The man who wrote the note, "nothing 
startling has happened in so short a time," wrote it 
with a knowledge and conscious of the fact that this poor 
girl's life had been snuffed out even at the time he penned 
the words- 

You'll have this out with you, you look at them, if you can 
get anything else out of them you do it, and as honest men, I 
don't want you to convict this man unless you are satisfied 
of his guilt beyond a reasonable doubt + but don't let that 
doubt be the doubt of a crank, don't let it be the doubt of a 
man who has conjured it up simply to acquit a friend, or a 
man that has been the friend of a friend; let it be the doubt 
of an honest, conscientious, upright juror, the noblest work 
of Almighty God. 

Frank's Statement. 

Xow this statement. I tell you, gentlemen of the jury, 
that when this statement is scanned, it isn't susceptible of 
but one construction, and that is, that it is the statement of 
a guilty man, made to fit in these general circumstances, as 
they would have you believe — these gentlemen here harped a 
great deal, gentlemen of the jury, "are you going to convict 
him on this, are you going to convict him on that." It isn't 
the law that circumstantial evidence is inferior to direct and 



71 

positive evidence, and it is correct to instruct the jury that 
there is nothing in the nature of circ ums tantial evidence that 
renders it )e^ reliable than other classes of evidence, The 
illustration that they would seek, gentlemen of the jury, not 
by direct language did they do it in their argument to you, 
because we had already read them this authority, but they 
would bring up this isolated fact and that isolated fact and 
they would say "are you going to convict him on that?" I 
don't ask your conviction on that Two illustrations, first, 
each of the incidental facts surrounding the main fact in is- 
sue, is a link in a chain, and that the chain is not stronger 
than its weakest link, this authority says is generally re- 
jected as an incorrect metaphor and liable to misconstruc- 
tion. The second illustration and the one that is approved is, 
each of the incidental facts surrounding the main facts in 
issue are compared to the strands in a rope, where none of 
them may he sufficient in itself r but all taken together may 
be strong enough to establish the guilt of the accused be- 
yond a reasonable doubt. 

Strands Form Mighty Cable. 

And so they took isolated instance after isolated instance 
and then said "are you going to convict him on that ?" I say 
no, But I do say that these instances each constitute a 
chain, or a cord, — a strand in a cable, and that, when you get 
them all, all together, you have a cable that ought to hang 
anybody- That's the proposition. Xot on this isolated in- 
stance or that one, but upon all, taken together and bound to- 
gether, which make a cable as strong as it is possible for the 
ingenuity of man to weave around anybody. 

Now, listen at this statement and let's analyze that as we 
go on a little. J don't know whether this man's statement 
to the jury will rank along with the cross examination of 
that celebrated pervert, Oscar Wilde, or not, but it was a 
brilliant statement, when unanalyzed, and if you jnst simply 
shut your eyes and mind to reason and take this statement, 



72 

then, of course, you are not going to convict But listen to 
what our Courts say about these statements — I have already 
read it to you, but I want to read it again, "Evidence given 
by a witness has inherent strength which even a jury cannot 
under all circumstances disregard; a statement has none/' 
No crosa examination, no oath, merely a statement adoitiy 
prepared to meet the exigencies of the case. 

Flaws in Frank's Statement. 

Now, listen at this. This man Frank say a "I sat in my of- 
fice checking over the amount of money which had been left 
over" — not the cash, not cash, hut the amount of money 
which had been left over — "from the pay -roll" — from the 
$1,100.00 that they had drawn Friday, and to this day, we 
don't know how much was left over, and we don't know 
whether what was left over coupled with the cash left on 
hand would make this bundle of bills that old Jim says was 
shown to him and taken back, when Frank wanted to get him 
to go down into that dark celhr and burn that body by him- 
self, and old Jim says "I'll go if you go, hut if I go down 
there and burn that body, somebody might come* along and 
catch me and then what kind of a fix will I he in?" And I'll 
tell you right now, if Jim Conley had gone down in that cel- 
lar and have undertaken to have burned that body, as sure 
as the smoke would have curled upward out of that funnel 
towards Heaven, just so certain would Leo M. Frank have 
been down there with these same detectives, and Jim Conley 
would have heen without a shadow of a defense. But old 
Jim, drunk or sober, ignorant or smart, vile or pure, had too 
much sense h and while he was willing to write the notes to 
be put by the dead body, and was willing to help this man 
take the body from the second floor, where the blood waa 
found, into t.he basement and ktep his mouth shut and to 
protect him, until the combined efforts of Scott and Black 
and Starnes Eind all these detectives beat him down and made 
him admit a little now Eind a little then, he wasn't willing, 



73 

and he had too much sense, to f?o down into that basement tu 
do that dirty joh by himself and cremate the remains of this 
little girl that that man in his passionate lust had put to 
death. You don't show that he didn't have the money, and 
the truth of the business is. I expect, that out of that $1,- 
100.00 for the pay-roll and $30,00 in cash which you had, if 
the truth were known, you offered old Jim Conlev and bought 
him with that $200.00 just as surely as Judas Iseariot im- 
planted the kiss for the thirty shekels. 

Reserved Mary Phagan'g Pay, 

He says that "Xo one came into my office who asked for a 
tiay envelope or for the pay envelope of another. f This run- 
ning-mate and friend of the dead girl tells you under oath 
that she went there on Friday evening when they were paid, 
with the knowledge that little Mary wasn't there, and as she 
had done On previous occasions, sought to get the money to 
take to her. And Vti show you when I get to the State's case 
later on that this diabolical plot, of which you have made so 
much fun, is founded in reason and really did exist, and that 
this man really, goaded on by passion, had been expecting 
some time before to ultimately, not murder this little girl, 
but cause her to yield to his blandishments and deflower her 
without her resistance. Let me do it right now. 

Proof That He Knew Mary. 

Way back yonder in March, as far back as March, little 
Willie Turner, an ignorant country boy, saw Frank trying 
to force his attentions on this little girl in the metal room; 
he is unimpeached, he is unimpeachable. She backed off and 
told him she must go to her work h and Frank said "I am su- 
perintendent of this factory," — a species of coercion — "and 
I want to talk to you." You tell me that that little girl that 
worked up there and upon the same floor with you in the 
metal department, and you had passed right by her machine. 



74 

this pretty, attractive little girl, twelve months h and a man 
of your brilliant parts didn + t even know her, and do you tell 
me that you had made up the pay-roll with Schiff fifty-two 
times during the year that Mary Fhagan was there and still 
you didn't know her name or number? You tell me that this 
little country boy who comes from Oak Grove, near Sandy 
Springs in the north ern part of this county, was lying when 
he got on that stand? Til tell you no. Do you tell me that 
little Dewey He well, a little girl now from the Home of the 
Good Shepherd in Cincinnati, who used to work at the Na- 
tional Pencil Company, who probably has lost her virtue 
though she i a of such tender years, was lying when she tells 
you that she heard him talking to her frequently, — talked to 
Mary frequently, placed his hands on her shoulder and called 
her Mary?" You tell me that that long-legged man+ Gantt, 
the man you tried to direct suspicion towards, the man Schiff 
was so anxious to have arrested that he accompanied the 
police, that you said in your telegram to your uncle, had the 
case in hand and would eventually solve the mystery, — do 
you tell me that Gantt has lied when he tells you that this 
man Frank noticed that he knew little Mary and said to him, 
"1 see that you know Mary pretty well ?" 

I am prepared to believe, knowing this man's character as 
shown by this evidence, that way back yonder in Marchi old 
passion had seized him, Yesterday Mr, Rosser quoted from 
Burns, and said it's human to err; and I quote you from the 
same poem, in which old Burns says that "there's no telling 
what a man will do when he has the lassie, when convenience 
snug, and he has a treacherous, passionate inclination." 
There's no telling what he will do when he's normal, there's 
no telling what he will do when he's like other mcn t but, oh 1 , 
gentlemen, there's no telling what a pervert will do when 
he's goaded on by the unusual, extraordinary passion that 
goaded on this man, Leo M. Frank, when he saw his oppor- 
tunity with this little girl in that pencil factory, when she 
went back to find out if the metal had come. 



75 

Claimed He Didn't Know Her. 

You tell me that all of these people have lied, — Willie Tur- 
ner has lied ? Dewey He well has lied 7 That Gantt has lied ? 
That Miss Ruth Robinson has bed? And even Frank, in his 
statement, admits that he knew Mary well enough to know 
that Gantt was familiar with her, because Chief Detective 
Harry Scott was told on Monday, April 23th, that this man 
Gantt was familiar with little Mary. And yet you expect an 
honest jury of twelve men — although out of your own mouth 
you told these detectives, whom you wired your uncle would 
eventually solve the problem, you told them that this man 
Gantt was so familiar with her that you directed suspicion 
towards hun. How did you know it if you didn't know little 
Mary? And in addition, as 1 have stated, you tell me that 
this brilliant man had helped to make out the pay-roll for 
fifty-two times and seen little Mary's name there, and he 
didn't even know her name and had to go and get his Book 
to tell whether she worked there or not? And I wouldn't be 
at all surprised, gentlemen of the jury — it's your man 
Frank's own statement, — that shortages occurred in the cash 
even after this man Gantt left, — I wouldn't be at all sur- 
prised if the truth of the business is that this man coveted 
that little girl away back yonder in March, I wouldn't be at 
all surprised, gentlemen, and, indeed, 1 submit that it's the 
truth, that every one of these girls has told the truth when 
they swore to you on the stand that back yonder in March, 
after this little girl had come down to irork on the office 
floor in the metal department, that they observed this man, 
Leo M, Frank, making advances towards her and using his 
position as superintendent to force her to talk with him. I 
wouldn't be at all surprised if he didn't hang around, I 
wouldn't be at all surprised if he didn't try to get Httle Mary 
to yield. I wouldn't be surprised if he didn't look upon this 
man Gantt, who was raised on an adjoining farm in Cobb 
County, as an obstacle to the accomplishment of the evil pur- 



76 

pose which he had in hand, and I wouldn't be at all surprised 
if, instead of discharging Gantt for a one dollar shortage, 
which Gantt says 'Til give up my job rather than pay,' 1 that 
you put him out of that factory because you thought he 
stood in the way of the consummation of your diabolical and 
evil plans. 

Laying Snare for Mary 

And you say that you and Schiff made up the pay-roll Fri- 
day, and I wouldn't be at all surprised that, after little Mary 
had gone and while you and Schiff were making up the pay- 
roll Friday afternoon, you saw little Mary's name and you 
knew that she hadn't been notified to come there and get hex 
money Friday afternoon at six o'clock, and then, as early as 
three o'clock, — yes, as early as three, — knowing that this 
little girl would probably come there Saturday at twelve, at 
the usual hour, to get her pay, you went up and arranged 
with thrg in art Jim Conley to look out for you, — this man Jim 
Conley, who had looked out for you on other occasions, who 
had lcekedthe door and unlocked it while you carried on your 
immoral practices in that factory, — yes, at three o'clock, 
when you and Schiff were so busy working on the pay-roll, I 
dare say you went up there and told Jim that you wanted 
him to come back Saturday but you didn't want Darley to 
know that he was there. And I wouldn't be at all surprised 
if it were not true that this little Helen Ferguson, the friend 
of Mary Phagan, who had often gotten Mary's pay envelope 
before, when she went in and asked you to let her have that 
pay envelope, if you didn't refuse because: you had already 
arranged with Jim to be there, and you expected to make the 
final onslaught on this girl, in order to deflower and ruin her 
and make her, this poor little factory girl, subservient to 
your purposes, 

Mary Falls in Trap, 
Ab, gentlemen, then Saturday comes, Saturday comes, and 



77 

it's a reasonable tale that old Jim tells you, and old Jim says 
"I done if—not I did it," but "I done it" just exactly like 
this brilliant factory superintendent told him. There's your 
plot. Ill tell you, you know this thing passion is like fraud, 
— it's subtle, it moves in mysterious ways ; people don't know 
what lurks in the mind of a libertine, or how anxious they 
are, or how far ahead they look, and it isn t at all improb- 
able, indeed, 1 submit to you as honest men seeking to get at 
the truth h that this mun + who^e character was put in issue 
and torn down, who refused to go into specific instances on 
cross examination, if he didn't contemplate this little girl's 
ruin and damnation it was because he was infatuated with 
her and didn't have the power to control that ungovernable 
passion. There's your plot; and it fits right in and jams 
right up, and you can twist and turn and wabble as much aft 
you want to, but out of your own mouth, when you told 
your detective, Scott, t hat this man Gantt was familiar with 
that little girl, notwithstanding at other places in this state- 
ment you tried to lead this jury of honest men to believe you 
didn't know her — I tell you that he did know lier, and you 
know that he knew her. 

What are you going to believe? Has this little Ferguson 
girl lied? Ta this little factory girl a liair-brained fanatic 
suborned to come up here and perjure herself , by John 
Rtarnea or Black or Campbell or any of these detectives? Do 
you tell me that such a thing can be done, when the State of 
Georgia, under the law hasn't a nickel that this girl could 
get? I tell you, gentlemen, you know that's a charge that 
can't stand one instant. 

Conley Quoted Him Right* 

Xow, he says right here in hi* statement that he kept the 
key to his cash box right there in his desk, Wull, he makes 
a very beautiful statement about these slips — but I'll pass 
that and come to that later. He explains why they were put 
on there April 2Sth f and so forth. Now, here's the first refer- 



7S 

enee that he makes to "chatting" : "I stopped that work that 
I was doing that day and went to the outer office and CHAT- 
TED with Mr. Darlcy and Mr. CampbehV' "I should figure 
about 9 :15, or a quarter to nine, Miss Mattie Smith came id 
and asked for her pay envoi ope." Jim is corroborated there, 
he identified Miss Mattie Smith and told with particularity 
what she did. He says, HI I kept my cash box in the lower 
drawer of the left hand side of my desk." Jim says that's 
where he got some cash. This man also shows he took a drink 
at Cruickshank h s soda fount and two or three times during 
this statement he showed that he was doing at the soda fount 
exactly as Jim says he was doing as they came on back from 
the factory. Again he says + "but 1 know there was several 
of them and T went on CHATTING with Mr. Montag/' I 
told you T was going to read you this, and T just wanted you 
to know you were going to have this out with you. Another 
thing he says, "I moved the papers I brought back from 
Montagus in the folder;" old Jim says he had the folder and 
put the folder away ; "I would look and see how far along 
the reports were which I used in getting my financial "state- 
ment up every Saturday aftemoon h and, to my surprise, I 
found the sheet which contains the record of pencils packed 
for the week didn't include the report for Thursday, the day 
the fiscal week ended, that's the only part of the data that 
Sen iff hadn't got up." "A short time after they left my 
office h two gentlemen came in, one of them Mr. Graham" — 
Mr. Graham says that he talked to this negro down stairs ; 
the negro told him the way to the office h and they tried to get 
around it on the idea there's some difference in color. Well, 
being in jail, gentlemen, changes the complexion of anybody. 
That man was there+ Graham says, Tillander says, and he 
was there for what purpose? By whose request? And he 
wasn't drunk, either. And then he says u i gave the required 
pay envelope to the two fathers" this man Frank says, "I 
gave the pay envelope and CHATTED with them at some 
length, " 
Mr. Arnold says these darkeys pick up the language and 



79 

manners of the men by whom they are employed. I tell you 
that, if Frank didn't come in contact with the people that 
worked in that factory more than he would lead you to be- 
lieve, old Jim ConJey never had the opportunity to pick up 
words that he uses; and yet here old Jim aays, and even hi 
his statement, even in his statement, this man uses the very 
language that Jim puts in his mouth- I just picked out four 
of them, in a very few pages, I don't know how many others 
there are* 

"Afterwards Found Her to Be Mary Phagan*" 

H 'Miss Hall finished her work and started to leave when 
the twelve o'clock whistle blew." Whistle blowing on a 
holiday? Well, maybe it did t 111 leave that for you to say. 
Another place he says "f chatted with them:" "Entering, I 
found quite a number of people, among them Darley," etc. 
"I chatted with them a few minutes/' — using the same words 
Jim said he used with reference to this girl : "Miss Hall left 
my office on her way home; there were in the building at 
the time, Arthur White and Harry Denham and Arthur 
White's wife, on the top floor ; to th^ best of my knowledge, 
it must have been ten or fifteen minutes after Miss Hall left 
my office when this little girl, whom 1 afterwards found to be 
Mary Phagan, entered my office and asked for her pay en- 
velope/' "This little girl whom I afterwards found'' — why 
didn't you give her her money? No, he didn't give her her 
money; he knew her all right. That child never got her 
money* she never got her money, and this man Frank, when 
[Mrs. White came down there at 12:35. and when he jumped 
and when Jim Coniey was still sitting down stairs,— the one 
fact in this case that must make you see that Jim Conley 
didnt do the deed,— this man Frank was at that safe then, 
when he jumped and Mrs, White came up + getting out the 
pay envelope of this little girl, who had gone hack to the rear 
to see whether the metal had come or not — not to make 
water, as he stated in that note. At the time Frank was at 



80 

that safe and Mrs, White came in, she says he jumped H Re- 
member that. As she went down the stairs at 12 :S5 she saw 
Jim Conley, or a negro who resembled him, and that's the 
one incident in this case that shows that old Jim Conley 
didn't do the deed. Then it was after this man had tipped up 
and tipped back, — then it was, he had to let Mrs. White go 
up. Previously he had sent up and had them to come down, 
but this time he lets Mrs. White go up, and then after Mrs. 
White had been up there a little while, and in order not to get 
caught in the act of moving that body, because he knew Mrs r 
White might come down, he knew that these men had their 
lunches and would work and stay up on that floor; at 12:50, 
Mrs. White says when she went down she saw Conley there, 
at 12:50, and Frank was anxious to get Mrs. White out of 
the building, in order that he might call Jim Conley, if Jim 
had seen, and his saying that he had seen would have given 
him away; then it was that he wanted to get her out of the 
building, and he sent her up-stairs and then went up-stairs 
to get her out and pretended to be in a big hurry to get out, 
but according to her evidence, instead of going out, he didn't 
have on his coat and went back in his office and sat down at 
his desk. Anxious to get out, — going to close up right now I 
Now, that wasn't the purpose. 

Blow Didn't Cause Much Blood. 

Talk about no blood being found back down there? Talk 
about no blood being found? Well, there's two reasons why 
there wasn't any found : This lick the girl got on the back of 
the head down there wasn't sufficient to have caused any 
great amount of blood, and if old .Tim Conley hadn't dropped 
that girl as he went by the dressing room and the thing 
hadn't gone out like a sunburst all around there, like these 
men describe it, there wouldn't have been any blood. When 
you assaulted her and you hit her and she fell and she was 
unconscious, you gagged her with that, and then ojiickly you 
tipped up to the front, where you knew there was a cord, 



81 

and you got the cord and in order to save this reputation 
which you had among: the members of the B'nai B'rith, in 
order to save, not your character because you never had it, 
but in order to save the reputation with the Haases and the 
Mod tag's and the members of Doctor Marx's church and the 
members of the B'nai B'rith and your kinf oiks in Brooklyn, 
rich and poor, and in Athens, then it was that you got the 
cord and fixed the little girl whom you had assaulted, who 
wouldn't yield to your proposals, to save your reputation, 
because dead people tell no tales, dead people can't talk. And 
you talk about George Kendley saying that he would be one 
to lead a riot, and you talk about your ability to run George 
Kendiey with a fan or a corn shuck, I tell you Frank knew 
and you know that there would have been men who would 
have sprung up in this town, had that little girl lived to tell 
the tale of that brutal assault, that would have run over ten 
thousand men like you, would have stormed the jail or done 
anything. It oughtn't to be, because that thing ought to be 
left to be threshed out before an upright Court and an honest 
jury. 

Her Resistance Brought Death. 

But this man Frank knew, — he didn't expect her to turn 
nim down, he paved the way, he had set the snare and he 
thought that this poor little girl would yield to his impor- 
tunities, but, ah ! thank God, she was made of that kind of 
stuff to which you are a stranger, and she resisted, she 
wouldnl yield, you couldn't control your passion and you 
struck her and you ravished her, she was unconscious, you 
gagged her and you choked her. Then you got Mrs, White 
out, the woman that saw you j limp at 12 -'AH when you were 
there fixing to see about little Mary's pay envelope, which 
yon never did give the poor child. And you fussed a good 
deal about that pocket book, that mesh bag; I wouldn t be at 
all surprised if old Jim's statement that Frank had that 
mesh bag h didn't keep that mesh bag from turning up in this 



82 

trial just exactly like that plant of old Newt Lee's shirt and 
just exactly like that club and just exactly like these spots 
these men found on May 15th around that scuttle hole. It 
worried you too much, it worried you too much, it discon- 
certed your plans. The thing had already been done when 
Mrs. White grot hack there at 12:35 and old Jim Conley was 
still sitting down there waiting- patiently for the signal that 
had been agreed upon, waiting patiently for the signals that 
you had used when some other women from the fourth floor 
and other people had been down there to meet you Saturdays 
and holidays. And the first thing he did after he had gagged 
her with a piece of her underskirt, torn from her own under- 
skirt, was to tip up to the front, where he knew the cords 
hung, and come back down there and choke that poor little 
child to death. You tell me that she wasn't ravished? I ask 
you to look at the blood — you tell me that that little child 
wasn't ravished? J ask you to look at the drawers , that 
were torn* I ask you to look at the blood on the drawers, I ask 
you to look at the thing that held up the stockings. Oh, no, 
there was no sperm atazoan and there was no semen, that's 
true f but as sure as you are born, that man is not like other 
men. He saw this girl, he coveted her; others without her 
stamina and her character had yielded to his lust, but she 
denied him, and when she did, not being like other men, he 
struck her, he gagged her, he choked her; and then able coun- 
sel go through the farce of showing that he had no marks 
on his person] Durant didn't have any marks on his person, 
either. He didn't give her time to put marks on his person, 
but in his shirt sleeves, goaded on by an uncontrollable pas- 
sion, thi3 little girl gave up her life in defense of that which 
is dearer than life, and you know it. 

Absurd Argument of Paint, 

Why this man says he had an impression of a female voice 
saying something. How unjust! This little girl had evi- 
dently — listen at that, gentlemen this little girl whose name 



S3 

had appeared on the pay -roll, had evidently worked in the 
metal department, and never was such a farce enacted in the 
courthouse as this effort on the part of able counsel to make 
it appear that that wasn't blood up there on that floor. Ab- 
surd ! Not satisfied with the absurdity of the contention that 
it's paint, that it's cat's blood, rat's blood, varnish, they 
bring in this fellow I*e f who perjures himself to say that 
that man stood there ju?t letting the blood drip. Old man 
Starues tells you that they saw the blood there and chipped 
it tip, imd saw the blood right along on the route towards 
the elevator; Jim Conley tells you that right there is where 
he dropped the head so hard, and where Frank came and 
took hold and caught the feet. 

Every person that described that blood and its appear- 
ance bears it out that it was caused by dropping, because it 
was spattered, — one big spot here and other little ones 
around it, — and if human testimony is to be believed, you 
know that was blood— that that was blood and not paint, 
you know that it was the blood of Mary Phagan and not the 
blood of Duffy, Duffy a ays so. You know that it was the 
blood of Mary Fhagan because it corresponds with the man- 
ner in which Jim Conley says be dropped the body. You 
know it's blood because Chief Beavers saw blood there. It 
spattered towards the dressing room : you know it was blood 
because Starnes says he saw it was bleed and he saw that 
the haskoline had been put over it, — and I'm going to read 
you this man's statement, too, unless I give out physically, 
about this haskoline, it's the purest subterfuge that ever a 
man sought to palm off on an honest jury. 

More Blood Near Elevator, 

Staraes tells you that "I found mare blood fifty feet 
nearer the elevator on a nail." Barrett, — Christopher Co- 
lumbua Barrett, if you will, that discovered the hair that 
was identified, I believe, by MagnoHa Kennedy, Monday 
morning, as soon as they began work, before anybody ever 



84 



had had time to write a reward, — Barrett, who was not 
caught in a single lie, Barrett > who though he works for the 
National Pencil Company, had the manhood to stand up — 
I trust him and put him up against this man Hollo way, who 
says that Jim Conley was his nigger h This man Holloway, 
who made a statement to me in my office, when he didn't 
see the purpose an J the import and the force of the sugges- 
tion that this elevator key, after the elevator box was 
locked, was always put in Frank's office, taut when it be- 
came apparent that too many people saw this man Frank 
Sunday morning go there and turn the lever in the power 
box, without going to his office to get the key, then it was 
that this man Holloway, who we put up and for whose ve- 
racity we vouched and who betrayed us and entrapped us, 
after he saw the force of the suggestion, after he had told 
qb that always, without exception, he had locked this ele- 
vator box himself and put the key in Frank's office, throws 
us down and by his own affidavit as read in your presence 
here, made at a time when he didn't see the importance 
of the proposition, changed his evidence and perjured him- 
self either to have this jury acquit this guilty defendant, his 
boss and employ er + or to get the reward for the conviction 
of "his nigger," Jim Conley ^ 

Contrast his with Barrett, — Barrett, the man who dis- 
covered the hair on his machine early in the morning and 
whose attention was called to this blood there by the dress- 
ing room at a time when no reward is shown to have been 
offered and indeed, when you know that no reward was of- 
fered because no executive of this State or of this City of- 
fered any reward during Sunday or as early as seven or 
eight o'clock Monday morning. I say to you that this man 
Barrett stands an oasis in a mighty desert, standing up for 
truth and right and telling it, though his own job is at 
stake, and you know it. And you may fling your charges of 
perjury just as far as you want to, but T tell you right now. 
gentlemen, that Uarrett, when he swore that he found 
blood there at the place where Conley said he dropped the 



85 

body H told the truth; and when he said he found that hair 
on that machine, I tell you Barrett told the truth, and if 
there be a man in this town that rightly deserves and who 
ought to receive the rewards, if there are any, it's this poor 
employee of the National Pencil Company, who bad the 
manhood and the courage to tell the troth, and 1 hope if 
there be such a thing as a reward to be given to anybody, 
that this man Barrett gets it. But not a single thing did 
Barrett swear but that either didn't occur before any re- 
wards were offered, or that weren't substantiated by four 
and five of the most reputable witnesses that could be 
found. And Barrett didn't make his discoveries May 15th, 
either, Barrett made them Monday morning April 23th, 
and they haven h t any resemblance to a plant. They come so 
dean and so natural that the moat warped and the most bi- 
ased must recognise the fact that Barrett has told the 
truth, the whole truth and nothing but the truth. 

Others Saw Blood, Too. 

But you can wipe Barrett out of this case and still you 
have got an abundance of firm ground upon which to stand . 
Barrett isn't shown to have lied t dodged or equivocated- 
Mrs. Jefferson, — and I h m only going to give you a few of 
the people that saw blood there — Mrs, Jefferson saw dark 
red spot about as large as a fan, and in her opinion, it was 
blood, and it was blood. Mel Stanford says he saw the blood 
at the dressing room Monday, dark spots that looked exact- 
ly like blood and this white stuff t haskoline, had been smear^ 
ed over it- "It was not there Friday, I know," said Mel 
Stanford, "because I swept the floor Friday at that place. 
The white substance appeared to have been swept over with 
a coarse broom; we have such & broom, but the one used by 
me Friday in sweeping over that identical spot was of finer 
straw; the &po* 5 were dry and the dark led right up here 
within Ave "feet of where the smear was." Blood and has- 
koline. 



86 

Jim Conley saw her go up and didn't see her go down. 
Necessary, absolutely necessary, that this man should put 
her where he aaid in his telegram or letter the body was 
found. The discovery made Monday by Barrett and Jef- 
ferson and Mel Stanford and aeen by Beavers and Starnes, 
but not only that, but reinforced by Darley, for Darley says 
"I saw what appeared to be blood apots at the dressing 
room, a white substance had been smeared over it, as if to 
hide it." And Quinn says "The spots I saw at or near the 
dressing room looked like blood to me." 

Sometimes you have got to go into the enemy's camp to 
get ammunition- It's a mighty dangerous proposition, — 
Doctor Connally knows what a dangerous proposition it is 
to go into the enemy's camp to get ammunition, he has been 
an old soldier and he will tell you that there is no more dan- 
gerous proposition, — r expect Mr. Mangum knows something 
about it, this going into the enemy's camp to get am- 
munition; and yet in this case, conscious qf the fact that 
we were right* having Darley tied up with an affidavit, we 
dared to go right into the enemy's camp, and there we got 
the befit evidence of the fact that Frank was more nervous 
than he had ever been known to be except on two occasions 
one when he had seen a little child killed, and the other when 
he and his boss had had a falling out — this man M on tag, who 
waa so afraid something was going to be twisted in this case 
— and also Darley saw the blood. It was a mighty hard pill 
for Darley, it was an awful hard situation for him, but wc 
drove it up to him and he dared not go back on the affidavit 
which he had signed, though he did modify his statements. 

Blood Wasn't There Friday. 

All right; I'm not going to call over all these other peo- 
ple, — Mrs. Small and others, — though Mrs. Carson denied 
it, she went there, — who claimed to have seen that blood. 
But to cap it all, Mel Stanford says "I swept the floor," — 
he's an employee and he's an honest man, — *'it wasn't there 



87 

Friday/' Why ? Because old Jim t when he went to move 
that body, put it there Saturday, To cap it all, Doctor Claud 
Smith, the City Bacteriologist, says "I analyzed it and I tell 
you that I found blood corpuscles,'' And now you come in 
with the proposition that that blood had been there ever 
since that machinist Lee &aw that fellow Duffy stand there 
with his finger cut and lei it spout out at the end, — a thing- 
Duffy says never happened, and you know never happened, 
and wc called on you to produce the paper thin man Lee 
said he signed and you can't do it, because he never signed 
one. Not only that, but your own employee, your own wit- 
ness* Mary Pirks, your own witness, Joel Fuss, your own 
witness Magnolia Kennedy t your own witness Wade Camp- 
bell, and your own witness Schiff and others whose names 
are too numerous to take up your valuable time to mention, 
all say that they saw this great big spot there covered over 
with something white, which we know to have been hasko- 
line. 

Stains at Scuttle Hole a "Plant." 

Now p Harry Scott didn't manipulate exactly right* so they 
got them some new Richmonds and put them in the field, 
and this fellow Pierce* — and where is Pierce? Echo an- 
swers where? And where, oh, where, is Whitfield? And 
echo answers where? The only man you bring in here is 
this man Me Worth. Starnes denies, Black denies, Scott de- 
nies, every witness put on the stand denies, that around 
that scuttle hole anything was seen immediately after that 
murder. Don't you know that Frank, who went through 
that factory, — that Schiff, Darlcy, Hollo way, don't you 
know that they would have been only too glad to have re- 
ported to Frank that blood spots had been found around 
that scuttle hole, and don + t you know that Frank would have 
rushed to get his detective Scott to put the police in charge 
of the information that blood had been found here? But 
long after Jim Conley had been arrested, after this man 



88 

Hollo way had arrested him, after this man HoIIoway had 
said that Jim was "his Digger," realizing the desperation of 
the situation, realizing that something had to by forthcom- 
ing to bolster up the charge that Conley did it, then it was 
and not until then that this man Mc Worth, after he had 
gone looking through the factory for a whole day, at about 
3:30 o'clock saw seven large stains, found the envelope and 
stick right there in thy corner, 

Now t he found too much, didn't he? Wasn't that a lit- 
tle too much ? Is there a man on this jury that believes that 
all these officers looking as they did there, through that fac- 
tory, going down in this basement there through that very 
scuttle hole+ would have overlooked seven large stains which 
were not found there until May 15th? Scott said "1 looked 
there just after the murder, made search at the scuttle 
hole h didn't see blood spots there." Starnes says the same+ 
Rosser says the same, and these men Mel Stanford and 
Darley both say they had been cleaning up all that very area 
May Hrd> and yet the men who cleaned up and all these men 
never saw them and never even found the envelope or the 
stick. Why it f s just in keeping with that plant of the shirt 
at Newt Lee's house, 1 don't care how much you mix this 
man Black. Boots Rogers says, Darley says, that Sunday 
morning, when suspicion pointed towards this man Newt 
T^ee, that this man Frank, the brilliant Cornell graduate and 
the man who was so capable at making figures that cer- 
tain parts of his work have never been fixed since he left 
that factory, when he knew a girl had been murdered down 
stairs, when he knew that suspicion pointed towards Newt 
Lee, took that slip out of the clock and stood there, looked 
at it, told those men, in answer to a question, if Newt Lee 
would have had time to have left and gone home after he 
killed that girl and changed his clothing, that old Newt 
didn't have the time. 

Threw Suspicion on Newt Lee. 

Why did he say it then? Because he knew that Lanford 



89 

and Black and the other detectives who were there would 
have examined that sHp for themselves, then and there, and 
would have seen that these punches were regular or irreg- 
ular. But he stood there, and because he knew he would 
be detected if he tried to palm off a fraud at that time and 
place, this man of keen perception, this man who is quick 
at figures, this Cornell graduate of high standing, looks over* 
those figures which register the punches for simply twelve 
hours, — uot quite twelve hours, — in that presence, sur- 
rounded by those men, told them that Newt Lee wouldn't 
have had the time; but, ah: Monday afternoon, when he 
sees that there isn f t enough evidence against Newt Lee + and 
that the thing ain't working quite as nicely against this man 
Gantt, who he told was familiar with this little girl, Mary 
Fhagan, and then he suddenly proposes, after a conference 
with his astute counsel, Mr. Haas, that "you go Out to my 
house and make a search,'* and then, in the same breath and 
at the same time, he shrewdly and adroitly suggests to 
Bhck that Xewt Lee t he has suddenly discovered, had time 
to go out to his house, and forthwith, early Tuesday morn- 
ing, John Black, not having been there before because Leo 
M. Prank told him that Newt Lee didn't have time to go 
out to his house, but after the information comes in then 
Tuesday morning, John Black puts out and goes to old 
Newt's house and finds a shirt; that's a plant as sure as 
the enevelope is a plant, as the stick is a plant, as the spots 
around the scuttle hole. And the man that did his job, did 
it too well; he gets a shirt that has the odor of blood, but 
one that has none of the scent of the uegro Newt Lee in the 
armpit. He puts it, not on one side, as any man moving a 
body would necessarily have done, but he smears it on both 
sides, and this carries with it, as you as honest men must 
know, unmistakable evidence of the fact that somebody 
planted that shirt sometime Monday, at whose instance and 
suggestion we don't know. 



90 

Club and Shirt Both "Plants." 

And that club business: Doctor Harris says that that 
wound could not have been done with that club, and Doc- 
tor Hurt says it could not have been done with that club, 
and not a doctor of all the numerous doctors, good men and 
good doctors as they are for some purposes, ever denies it. 
A physical examination of that shirt shows you that it 
wasn't on the person when that blood got on it, — there is an 
much blood on the inside or the under side that didn't tome 
through to the outside. Lee didn't deny the shirt, but he 
never did say that it was his shirt, Cornered up its he was, 
not a negro, one negro in a thou sand , that wouldn't have 
denied the ownership of that shirt, but old Lee was too hon- 
est to say that it wasn't hia shirt,— he didn't remember it; 
and you don't know whether it was his or not. 

Now this 1 envelope and this stick is found at the radiator, 
at the scuttle hole. May 15th, after the place had been 
cleaned up, according to Darley and other witnesses, includ- 
ing Mel Stanford, and after, as I said, it had been thorough- 
ly searched by Scott, Campbell, Rosser, Starnes and I don't 
know how many others ; and then you say that these things 
weren't a part and parcel of the same scheme that caused 
this man to have Conley write those notes planted by the 
body to draw attention away from him. Gentlemen you 
can't get away from the fact that blood was there, you can't 
do it; now, can you? Just as honest men, now, honest men 
can you get away from that? If human testimony is to be 
believed, you've got to recognize the fact that blood was on 
the second floor, and that there was no blood at the scuttle 
hole; that the shirt and the club and the spots were plants. 

"She had left the plant five minutes when Lemmie Quinn, 
the foreman of that plants came in and told me I couldn't 
keep him away from the factory even though it was a holi- 
day, at which time I smiled and kept on working." Smiled 
and kept on working! "I wanted to know when they would 
have lunch, I got my house and Minola answered the phone 



91 

and she answered me back that she would have lunch im- 
mediately and for me to come right away. I then gathered 
my papers together and went upstairs to set the boys on the 
top floor; this must have been, since I just looked at my 
watch, ten minutes to one. Mrs, ^Tiite states it was 12:35, 
that she passed by and saw me, that's possibly true, I have 
uo recollection about it, perhaps her recollection is better 
than mine/' She remembered it very well, 

McKnight Watched From Kitchen. 

Now, this Ifinola Mcknight business. Isn't it strange 
that this man Albert, her husband, would go up there and 
tell that kind of a tale if there wasn't some truth in it? 
Isn't it strange that Minola herself, in the tale that they 
seek to have you believe was a lie, should have been sus- 
tained by Mrs. Selig, when she tells you "Yes, I gave her 
$5.00 to go get some cliange," and Mrs. Frank gave her a 
hat? Do you believe that this h us band of hers didn't see 
that man Frank when, after this murder t he went home and 
was anxious to see how he looked in the glass, but as the 
people had gone to the opera, anxious to get back to keep 
his engagement with Jim Conley? And all this talk about 
Mrs. Selig, about this thing not having been changed. Gen- 
tlemen, are you just going to swallow that kind of stuff 
without using your knowledge of human nature? And you 
tried to mix old Albert up, and right here, I'm going to read 
you a little bit about Albert's evidence: 'Tea sir h he came 
in close to 1:30, I guess, something like that." "Did he or 
not eat anything?" "No sir, not at that time, he didn't, he 
came in and went to the sideboard m the dining room and 
stood there a few minutes, then he goes out and catches the 
car/' "How long did be stay at the house?" "I suppose he 
stayed there Ave or ten minutes/' "About five or ten min- 
utes?" "About five or ten minutes." 'TJTiat did he do at 
the sideboard?" "I didn t sec him do anything at the side- 
board." "Isn't there a door between the cook room and the 



92 

dining room?" These gentlemen asked him, and Albert 
said, "Yes, this here dining room was open ;" yes, they didn't 
keep it shut all the time, said Albert "And you know he 
didn't eat anything in that dining room?" "Yes, I know he 
didn't eat. Jt 

Told Truth to Craven. 

And this is the tale that had been told Craven by the 
husband of Minola McKnight, and Minola went down there 
and in the presence of her counsel, stated these things to 
these officers and she never would have done it if it hadn't 
been the truth- Gordon was down there, and he could have 
said — and if he hadn't said it then hc h s unworthy of the name 
of lawyer — "Minola, if these things aren't true, don't you 
put your name to it, if you do yoti are liable to go to the pen- 
itentiary for false swearing; if you don't, the writ of habeas 
corpus is guaranteed to every man, and in less than two 
hours, by an order of a judge of the Superior Court Til have 
you out of here," And yet, George Gordon, with his knowl- 
edge of the law, with his knowledge of his client's rights, 
gits there and lets Minola McKnight, the cook, who is sus- 
tained in the statement that she then made but which here 
in this presence she repudiated, corroborated by her hus- 
band and sustained in many particulars by the Seligs them* 
selves, — George Gordon sat there and let her put her fist to 
that paper, swearing to a lie that might send her to the peni- 
tentiary, and he was her lawyer and could have released hei 
from that prison by a writ of habeas corpus as quick as lie 
could have gotten to a judge, because any judge that faili to 
hear a writ of habeas corpus immediately, is subject to dam- 
ages and impeachment. 

Couldn't Break Down McKnight Evidence. 

But Craven was there and Albert was there and this wo- 
man, McKnight, sitting there in the presence of her lawyer, 
this man that was so eager to inject into this case something 



93 

that these men wanted in here all the time, but never could 
get until he got on that stand and swore that I had said 
a thing that you saw by the questions, that I asked him never 
did occur s that I was afraid that I would get in bad with the 
detectives — 1 would get in had with them if I would try lo 
run their business, and I never will get in bad with them be- 
cause J never expect to undertake to run their business ; I've 
got as much as I can say grace over to attend to my own 
business. And you go out there, now, and bring in Julius 
Fisher and a photographer, and all these people, and try to 
prove this negro Albert JdcKnight lied, and by the mere 
movement of that sideboard, which Mrs. Selig in her evi- 
dence says, even, every time they swept it was put ju^t ex- 
actly back in the same place, — then you try to break down 
Albert McKnight* evidence with that. Why, gentlemen, Al- 
bert says that that sideboard had been moved, and you know- 
it had been moved, and Albert McKnight stood, not where 
these gentlemen sought to put him, but at a place where he 
could see thia man Frank, who came home, there sometime, 
as Albert saya, between one and two o'clock, after he had 
murdered the girl, and didn't eat his dinner, but hurried 
hack to the factory to keep his engagement with Jim Con- 
ley, who had promised to come back and burn her body in the 
furnace. 

Minola Sustained Her Husband. 

You tell me that Albert would have to id that lie ? You tell 
mc that Albert's wife, in the presence of Albert and Craven 
and Pickett, honorable, upright men, wlio worked for the 
Beck & Gregg Company, the same firm that Albert McKnight 
works at, — and do you tell me that George Gordon, a man 
who poses as an attorney, who wants to protect the rights of 
his client* as he would have you see, sat there in that pres- 
ence and allowed thia woman, for her husband, to put her 
fist to a paper and swear to it which would consign her to the 
penitentiary ? I tell you that that thing never happened, and 
the reason Minola McKnight made that affidavit, corroborate 



94 

ing this man, her husband, Albert, sustained as she is by the 
Seligs, biased and prejudiced and willing to protect their son- 
in-law as they were, is because it was the embodiment of the 
truth and nothing but the truth; and as honest, unpreju- 
diced, unbiased men, you know it. 

And you know he didn't eat anything in that dining room, 
yes, I know he didn't eat. "Don't you know you can't sit in 
that dining room,' ( says Mr, Arnold, "and don't you know you 
can't see from the kitchen into the dining room, you know 
that, don't you ?" "Yes sir, you certainly can see"; and the 
very evidence of the photographs and Julius Fisher and oth- 
ers who came here, after that sideboard had been moved, sus- 
tains Albert McKnight, and shows that once that sideboard 
is adjusted, you could see, as Albert says, and he did see be- 
cause he would have never told that tale unless he had been 
there and seen it. "You can see in there V "Yes sir, you 
can see ; look in the mirror in the corner and see all over that 
dining room"; that's what Albert swore. And if there's 
anybody in the world that knows how to get up a plan to see 
from the kitchen into the dining room or to hear what's go- 
ing on among the white folks in the dining room, it's a ne- 
gro. And Albert told too straight a tale, he told too reason- 
able a tale "Don't you know that you can't look in the mir- 
ror in the corner and see it?" Albert says "I did do it + I 
stayed there about five or ten minutes while he was there and 
looked in that mirror at him h Mr. Frank." "You stayed there 
in that kitchen on that occasion and looked in the mirror at 
him that five or ten minutes he stayed there?'* "Yes sir/' 
"By looking in that mirror you can see what's going on in 
that room?" "You can see if they are eating at the table." 
"Don't you know that you can't see in that room by looking 
into that mirror?" "Yes sir, you can see in there.' 3 "You 
can see all over the room?" — tried to make him say that — ■ 
"No, not all over it exactly." "But you can see even when 
they arc eating at the table?" "You can look in that mirror 
and see in the sitting room and through that dining room + " 
said Albert, "to a certain extent." And he says he never 



95 

was in the dining room in his life. That's reasonable. "You 
-were right side of the back door of the kitchen?" "Yes sir." 
"Let ine give you a little drawing ; now were you sitting right 
in front of that little hallway between the two rooms, hi front 
of it?" Says Albert, "Not exactly/ " "You were sitting right 
here against the wall, weren't you ?" And he said "Yes sir, h ' 
"I don't know whether it's fair or not, — that's a fair state- 
ment?" And Albert says, "I don't know whether it's fair 
or not, but I know I saw Leo M. Frank come in there some 
time between one and two o'clock Saturday, April 26th, and 
T know he didn't stay but about ten minutes and left to go to 
town." And he tells you the way in which he left, and Frank 
in his statement says that, while he didn't get on that car, he 
went in such a direction as Albert McKnight might have 
naturally supposed he went down there. "Minola she went in 
there but stayed only a minute or two in the dining room, I 
never looked at the clock." iC You don't know exactly what 
time?" bh Xo n but I know it was obliged to have been some- 
thing after one when Mr. Frank came there and he came in 
and went before the sideboard and then went back to town" 
And he says "I don't know exactly whether he did or not be- 
cause I have never been in the house no further than the 
cook room," Then he says "Who did you tell?" "I told Mr. 
Craven,'* "Who is Mr. Craven ?" "He is the boss at the plow 
department at the Beck & Gregg Hardware Company"; and 
that's the way the detectives got hold of it, and try all you 
witl to break old Albert down, 1 submit to you, gentlemen, 
that he has told the absolute truth and stands unimpeached. 

(At this point, a recess was taken until Monday, 
August 25, 1913, at ft A. M.) 

Monday, August 25th, 1913, 9:00 A, M. 

May it please Your Honor and Gentlemen of the Jury; 

I regretted more than you the necessity for your being car- 
ried over another week or, rather, another Sunday, I was 
even more exhausted than I anticipated, and this morning 



96 



my throat and voice are in such shape that I fear I will not he 
able to do the case the justice that it demands, I thought 
myself, had we not had the adjournment that I might 
have been able to finish my speech and His Honor charge 
you Saturday afternoon but I am sure such would not have 
been the case. 

Analysis of Frank's Statement. 

When we closed on Saturday 1 1 was just comple ting a brief 
analysis of the statement made by this defendant, I'm not 
going into any exhaustive analysis of that state ment, he- 
cause it is not necessary lo further inconvenience you and I 
haven't the physical strength, but there is certain language 
and certain statements and assertions made in this state- 
ment by this defendant which merit some considera- 
tion. This defendant stated to you, after His Honor had ex- 
eluded our evidence and properly, I think, that his wife vis- 
ited him at the police station. He says that she was there 
almost in hysterics, having been brought there by her father 
and two brothers in-law and Rabbi Marx — no, "Rabbi Marx 
was with me, I consulted with him as to the advisability of 
allowing my dear wife to come up to the top floor to see 
those surroundings, city detectives, reporters and snap-shot- 
ters/' He doesn't prove that by a living soul and relies mere- 
ly upon his own statement. Tf they could have proven it by 
Rabbi Marx, who was there and advised him ± why didn't they 
do it? Do you tell me that there lives a true wife, conscious 
of her husband's innocence, that wouldn't have gone through 
snapshotters, reporters and everything else, -to have seen 
him — 

Tilt Between Attorneys, 

Mr. Arnold: I must object to as unfair and outrage- 
ous an argument as that, that his wife didn't go there 
through any consciousness of guilt on his part. I have 
sat here and heard the unfairest argument I have ever 



97 

heard, and I can't object to it, bat I do object to his 
making any allusion to the failure of the wife to go and 
see him ; it's unfair, it isn't the way to treat a man on 
trial for his Tife* 

The Court: Js there any evidence to that effect? 

Mr. Dorsey: Mere is the statement 1 have read. 

Mr. Arnold: I object to his drawing any conclusions 
from his wife going or not going, one way or the other, 
it's an outrage upon law and decency and fairness* 

The Court: Whatever was in the evidence or the 
statement 1 must allow it, 

Mr. Dorsey : "Let the galled jade wince*' — 

Mr. Arnold : I object to that + J h m not a "galled jade,'* 
and I've got a right to object. I'm not galled at all, and 
that statement is entirely uncalled for. 

The Court: He has got the right to interrupt you, 

Mr, Dorsey : You've had your speech — 

Mr. Rosser: And we never had any such dirty 
speech as that, either. 

Mr. Dorsey: 1 object to his remark, Your Honor, I 
have a right to argue this case — 

Mr. Rosser: I said that remark he made about Mr. 
Arnold, and Your Honor said it was correct; I'm not 
criticising his speech, 1 don't care about that. 

Why Didn't Wife Go to Him? 

»ank said that his wife never went hack there because 
she was afraid that the snaps hotters would get her picture— 
because she didn't want to go through the line of snapshot- 
ters, I tell you, gentlemen of the jury, that there never lived 
a woman, conscious of the rectitude and innocence of her 
husband, who wouldn't have gone to him through snapshot- 
ters, reporters and over the advice of any Rabbi under the 
sun. And you know it. frank says in his statement with 
reference to these notes written by Conley, "I said I know he 
can write." How long did it take him to say it, if he ever 



93 

said it? "I received many notes from him asking me to loan 
him money, 1 have received too many notea from him not to 
know that he can write." In other words, says Frank, in his 
statement, 1 have received notes signed with his name, pur- 
porting to have been written by him, and he says they were 
written by a pencil. Frank says he said "I told them if you 
will look in the drawer in the safe you will find the card of a 
jeweler from whom Conley bought a watch on the instal- 
ment plan." He corroborates Conley there, with reference 
to the watch incident and what occurred there in his office 
when Conley told him not to take any more money out. 
"Now, perhaps if you go to that jeweler you may find some 
sort of receipt that Conley had to give and be able to prove 
that Conley can write." Scott says that no such thing ever 
happened. But if Frank knew so well that this man Conley 
could write, in the name of fairness why didn't Frank, when 
he iaw those notes at the Police Station, found beside this 
dead body, then and there aay "this is the writing of James 
Conley?" Why didn't he do it? Scott denies that any such 
thing happened, or that they came into possession of any in- 
formation from Frank that led to knowledge on their part 
that this man Conley could write. And up to the time that 
they discovered that this man Conley could write, this man 
had kept his mouth sealed and it was only the knowledge on 
the part of the detectives and the knowledge on the part of 
Conley that the detectives knew he wa* lying about his abil- 
ity to write, that forced him to make the first admission that 
he was connected with this crime. He says he knew that 
that Conley could write. Why, then, did he keep his mouth 
shut until the detectives discovered it, when he knew that 
the notes found beside that poor girl's body was the one key 
that was going to unlock the Phagan mystery? 

Knew Conley Could Write. 

You know why. Ah, you did know that Conley could 
write. You knew it, not only because he wrote the notes for 



99 

you, through which you sought to place the responsibility 
for this crime on another man, but you knew it because he 
checked up the boxes of pencils, and he had written you 
numerous notes to get money from you, just like he borrow- 
ed money from those other people in that factory. You 
knew that the most powerful fact that could be brought to 
hght showing who committed this dastardly crime was to 
find who penned the notes placed with the body ; and yet, al- 
though yau saw them, according to your own statement, at 
Police Headquarters and saw them there the very Sunday 
morning that the crime wus committed, not a word, not a 
word, although the notes themselves said that the crime was 
done by a negro. It is not necessary to discuss that further. 
Frank says, with reference to this visit of Conley to the 
factory, after Conley had gone through over yonder and 
demonstrated in detail, as told you by Branch, and in the 
same length of time and almost to the minute that Conley 
himself says it took, too, though Conley only knows the clock 
registered four minutes to one and don't know anything 
about the balance of the time, he says, with reference to the 
visit of Conley to the jail, when Conley wanted to confront 
him, "I told them if they got the permission, I told them 
through my friend Mr. Klein, that if they got the permission 
of Mr. Rosser to come, J would speak to them, would speak 
to Conley and face him or anything they wanted, if they got 
the permission of Mr. Rosser. Mr. Rosser was on that day 
up at Tallulah Falls trying a case." But Mr. Rosser got back, 
didn't he ? Mr. Rosser didn't remain at Tallulah Falls. 

Frank Woudn't Confront Conley. 

J tell you, gentlemen of the jury, measuring my words as 
T utter them, and if you have got sense enough to get out of 
a shower of rain you know it's true, that never in the history 
of the Anglo-Saxon race, never in the history of the African 
race in America, never in the history of any other race, did 
an ignorant, filthy negro, accuse a white man of a crime and 



100 

that man decline to face him. And there never lived within 
the State of Georgia, a lawyer with one-half the ability of Mr. 
Luther Rosser, who possessed a consciousness of his client's 
innocence, that wouldn't have said * H Let this ignorant negro 
confront my innocent client" If there be a negro who ac- 
cuses me of a crime of which I am innocent, I tell you, and 
you know it's true, I'm going to confront him, even before 
my attorney, no matter who he is, returns from Tallulah 
Falls, and if not then, I tell you just as soon as that attorney 
does return, I'm going to st e that that negro is brought into 
my presence afld permitted to set forth hia accusations. You 
make much here of the fact that you didn't know what this 
man Conley was going to say when he got on the stand- 
You could have known it, but you dared not do it. 

Mr, Rosser: May it please the Court, that's an un- 
true statement; at that time, when he proposed to go 
through that dirty farce, with a dirty negro, with a 
crowd of policemen, confronting this man, he made his 

first statement, — his last statement, he said, and these 
addendas nobody ever dreamed of them, and Frank had 
no chance to meet them ; that's the truth. You ought to 
tell the truth, if a man is involved for his life ; that's the 
truth. 

Mr. Doraey : It don J t make any difference about your 
addendas, and you may get up here just aa much as 
you want to, but I'm going to put it right up to this 

jury— 

Mr, Rosser: May it please the Court, have I got the 

right to interrupt him when he mis-states the faeLs? 

The Court: Whenever he goes outside of the record. 

Mr. Rosser: Has he got the right to comment that I 
haven't exercised my reasonable rights? 

The Court: No sir, not if he has done that. 

Mr. Rosser: Nobody has got a right to comment on 
the fact that I have made a reasonable objection. 

Mr. Dorsey: But I'm inside of the record, and you 



101 



know it, and the jury knows it- 1 said, may it please 
Your Honor, that this man Frank declined to be con- 
fronted by this man Conley. 

Mr. Rosser: That isn't what I objected to; he said 
that at that meeting that was proposed by Conley, as 
he says, but really proposed by the detectives, when 1 
was out of the city, that if that had been met, I would 
have known Conley *s statement, and that's not true; I 
would not have been any wiser about his statement than 
I was here the other day. 

The Court: You can comment upon the fact that he 
refused to meet Frank or Frank refused to meet him, 
and at the time he did it. he was out of the city. 

Mr. Arnold: We did object to that evidence* Your 
Honor, but Your Honor let that in. 

The Court: I know; go on. 

Mr. Dorsey: They see the force of it, 

Mr. Rosser : Is that a fair comment, Your Honor, if 
I make a reasonable objection, to say that we see the 
force of it? 

The Court: I don't think that, in reply to your ob- 
jection, is a fair statement* 

Mr. Dorsey: Now. may it please Your Honor, if they 
don't see the force of it, you do — 

Mr. Rosser: I want to know, is Your Honor's ruling 
to be absolutely disregarded like that? 

The Court: Mr. Dorsey, stay inside of the record, 
and quit commenting On what they say and do. 

Mr. Dorsey: I am inside of the record, and Your 
Honor knows that's an entirely proper comment, 

Mr. Rosser: Your Honor rules— he says one thing 
and then says Your Honor knows better — 

Mr. Dorsey : Your Honor knows 1 have got a right to 
comment on the conduct of this defendant. 

The Court : Of course, you have, but when they get 
up to object, I don't think you have any right to com- 



102 

ment on their objections as they are making them to the 
Court. 

Mr h Dorsey: I don't? 

The Court: No, I don't think so. 

Mr. Dor B ey: Isn't everything that occurs in the 
presence of the Court the subject matter for comment? 

The Court: No, I don't think you can comment on 
these things You can comment on any conduct within 
the province of this trial, but if he makes an objection 
that's sustained, why, then, you can't comment on that- 

Mr. Dorsey: Does Your Honor say I'm outside of the 
record 7 

The Court: No, I don't, hut I say this, you can com- 
ment on the; fact that Frank refused to meet this man f 
if that's in the record, you have a right to dt> that. 

If Innocent, Would Have Faced Conley, 

Mr, Dorsey : This man Frank, a graduate of Cor net J, the 
superintendent of the pencil factory, so anxious to ferret 
out this murder that he had phoned Sehiff three times on 
Monday, April 28th h to employ the Pinkerton Detective 
Agency, this white man refused to meet this ignorant negro, 
Jim Conley, He refused upon the flimsy pretext that hU 
counsel was out of town, but when his counsel returned, 
when he had the opportunity to know at least something of 
the accusations that Conley brought against this man, he 
dared not let him meet him. It is unnecessary to take up 
time discussing that. You tell me that the weakest among 
you, if you were innocent and a man of black skin charges 
you with an infamous murder, that any lawyer, Rosser or 
anybody else, could keep you from confronting him and nail- 
ing the lie ? No lawyer on earth, no lawyer that ever lived in 
any age or any clime could prevent me h if I were innocent, 
from confronting a man who accused me wrongfully h be he 
white or black. 



103 

Tried to Hang Newt Lee. 

And you went in and Interviewed Newt Lee down yonder at 
twelve (/clock, Tuesday night, April 29th. And what did you 
do? Did you act like a man who wanted to get at the truth, 
who didn't know it and wanted to get at the truth? Ah ± no. 
Instead of going into that room and taking up with this ne- 
gro Newt Lee, the man towards whom you had directed sus- 
picion infamously to save your own neck, a man that you 
would have seen hung on the gallows in order to save your 
reputation with the people on Washington street and the 
members of the B'nai B f rith + did yon make an earnest, hon- 
est, conscientious effort, as an innocent employer would with 
his employee, to get at the truth ? 

No ; according to Lee, you hung your head and quizzed him, 
not, but predicted that both I,ee and you would go to hell if 
I-ee continued to tell the story which he tells even until this 
good day: and then in your statement here, try to make it 
appear that your detective Scott and old John Black con- 
cocted a scheme against you and lied as to what occurred on 
that Tuesday night. The reason why Frank didn't put it up 
to Newt Lee and try to get Newt Lee to tell him how that 
murder occurred and what he knew about it, was because 
Frank knew that I^ee was innocent, that he was the murder- 
er and that he was adding to the dastardly crime of assault 
upon the virtue of this girl, was adding to the crime of mur- 
der of this girl, another infamous effort to send this negro to 
the gallows, in order to save his reputation and neck. 

Listen at this — he*s smart, and just listen at how, in his 
statement, he qualifies and fixes it up so that, when we come 
back with rebuttal, the technical laws will protect him: 
'They (meaning the detectives) stress the possibility of 
couples having been let into the factory at night" — by night 
watchmen? No— "By night Watchman Newt Lee/' Lee 
hadn't been there but two or three weeks, — three weeks, 
Frank could have told you that the detectives stressed the 
fact that couples went in there holidays, Saturdays and at 



104 

nights, at all times and at any time when other night watch- 
men were there p but Newt Lee, having been there but three 
weeks, he effectively shuts off the State from impeaching his 
statement or contradicting it, and therefore, he tells you 
that the detectives stressed the fact that couples had been 
in here while the night watchman, Newt Lee, was watching, 
— and Newt hadn't been there but three weeks. 

That wasn't the period, that wasn't the time. During 
that three weeks that old Newt was night watching, there 
wasn't but one person for whom your passion burned, and 
that was Mary Phagan. And she wouldn't meet you, and 
she didn't meet you any time during that period that Newt 
Lee as night watching. But in the summer previous, when 
Dalton wa^ seen to go there, if it be not true that couples 
were admitted, why didn't you make the bold, emphatic, 
challenging statement that at no time weru couples ever ad- 
mitted? And then you tell me that that's a good statement 
and a fair statement and a frank statement? 

Frank's Statements Not Substantiated. 

Now, another thing. Listen at this — I read from the de- 
fendant's statement: "Now, with reference to these spots 
that are claimed to be blood and that Mr. Barrett found, I 
don't claim they are not blood, they may have been, they 
were right close to the ladies 1 dressing room, and we have 
accidents there, and by the way, in reference to those acci- 
dents, the accidents of which we have records are not the 
only accidents that have happened there. Now, we use paint 
and varnish around there, a great deal of it, nnd while 1 
don't aay that this is not blood, it may be, but it could also 
have been paint ; 1 have seen the girls drop bottles of paint 
and varnish and have them break there on the floor, 1 have 
seen that happen right dose to that spot. If that had been 
fresh red paint or if it had been fresh red blood and that 
haskoline compound, that soap in it which is a great solvent 
had been put on there in the liquid state, it wouldn't have 



105 

shown up white, as it showed up then, bat it would have 
showed up either pink or red." 

Haskoline Smeared Over Blood- 
Now, first, contrast that statement for a moment with 
this statement with reference to the condition of the floor 
where Barrett worked. There he says there wasn't a spot, 
much less a blood spot, — "looked at the machinery and the 
lathe, looked at the table on which the lathe stands and the 
the lathe bed and the floor underneath the lathe and there 
wasn't a spot, much less a blood spot underneath." All right; 
you say that that wasn't blood, you say that that hasko- 
line wouldn't turn that color. In the name of goodness* in 
the name of truth, I ask you, if that haskoline mixed with 
that blood on the second floor wouldn't hav<- produced the 
identical result that these witnesses have sworn, if it be true, 
as Mr, Rosser stated* that you don't attach any importance 
to the, cabbage findings and experiments made in this case, 
why didn't you devote a Httk of your time to bringing be- 
fore this jury a reputable chemist and a man who could sus- 
tain you in that statement? You had that evidence in your 
possession, or if you were able to bring in these medical ex- 
perts here to tear down the powerful evidence of Doctor Roy 
Harris, as eminent an authority as lives in the State of 
Georgia, in the name of truth and fair play, before you men 
who ought to have every fact that wfll enable you to get at 
the trnth, why didn't you bring one chemist to sustain you? 
There's but one answer, and you know what it is. Those 
spots were blood, they were blood over which had been plac- 
ed that substance, haskoline, and the color that blood and 
haskoline would make upon that floor was the identical col- 
or found there by the numerous witnesses who saw it. Im- 
portant? There is no more important fact for you to have 
shown than that this haskoline, when wiped over blood, would 
have made a color the like unto which Frank in his state- 
ment would have you believe would have been made. 



106 
Doctor Pronounced Jt Blood. 

Are you going to accept the statement of this man, with 
all these circumstances unsupported by chemists or anybody 
on earth, because they couldn't get them to come in and stul- 
tify themselves on that point, as against the evidence of all 
these witnesses who have told you that that was blood, and 
against the evidence of Doctor Claud Smith, the Ci^y Bacte- 
riologist of the City of Atlanta, who tells you that through a 
chemical analysis he developed the fact that that was blood? 

This defense, gentlemen — they have got no defense, they 
never have come into close contact in this case, except on the 
proposition of abuse and villificatiom They circle and flutter 
but never light; they grab at varnish and cat's blood and 
rat's blood and Duffy's blood, but they never knuckle down 
and show this jury that it wasn't blood; and in view of the 
statement of that boy, Mel Stanford, who swept that floor 
Friday afternoon, in view of the statement of Mrs, Jefferson, 
in view of the statement of "Christopher Columbus'' Bar- 
rett, who tells the truth, notwithstanding the fact that he 
gets his daily bread out of the coffers of the National Pencil 
Company, you know that that was the blood of this innocent 
victim of Frank's lustful passion. 

The defense is uncertain and indistinct on another prop- 
osition, they flutter and flurry but never light when it 
comes to showing you what hole Jim Conley pushed his vic- 
tim down. Did he shoot her back that staircase back there? 
No. Why? Because the dust was thick over it. Because 
unimpeached witnesses have shown you it was nailed down; 
because if he had shot her down that hole, the boxes piled 
up there to the ceiling would have as effectively concealed 
her body as if she had been buried in the grave, for some 
days or weeks. Did he shoot her down this other hole in the 
Clark Wooden ware Company's place of business? Where, 
even if what Schiff says is true, that they kept the shellac 
there, it would nevertheless have concealed her body a 
longer time than to put it down there by the dust bin where 



107 

the fireman and people were coming is through the back 
door. Did this negro, who they say robbed this girl, even if 
he had taken the time to write the notes, which, of course, 
he didn't — even after he had knocked her in the head with 
that bludgeon, which they tell you had blood on it, and rob- 
ber her, even if he had been such a fool and so unlike the 
other members of his race, by whom brutal murders have 
been committed, should have taken time to have tied a cord 
around her neck, a cord seldom found down there in the 
basement, according' to your own statement, except when it h s 
swept down in the trash, but & cord that hangs right up there 
on the office floor, both back there in the varnish room and 
up there in the front. If he had done all that, — a thing you 
know that he didn't do, after he had shot her down in that 
hole in the Clark Woodenware Company, down there in that 
wing of the place where they keep this shellac, if they do 
keep It, why would that negro have gone down 
there and moved her body, when she was more securely fixed 
down there? And why was it, will you tell me, if he shot 
her down that scuttle hole, that he wrote the notes and fixed 
the cord, and will you tell me how it happens that, when af- 
ter this man HoDoway, on May 1st, had grabbed old Jim Con- 
ley, when he saw him washing his shirt and said "he's my 
nigger," — fifteen days afterwards, when squad number two 
of the Pinkerton people had been searching through that fac- 
tory a whole day and right down in that area, the elevator 
being run, the detectives, both the Pinkertons and the city 
force had looked around there immediately after the crime, 
will you tell me how it happened that, if he shot her down 
that hole, that there was ao much blood not found until the 
15th of May, and more blood than that poor girl is ever 
shown to have lost ? 

Didn't Want to Examine Blood. 

Another thing: This man Frank says that "}Jr. Quinn said 
he would like to take me back to the metal department on 



108 

the office floor, where the newspapers that morning stated 
that Mr. Barrett of the metal department had claimed he had 
found blood spots, and where he had found some hair/' Al- 
though he had seen in the morning papers that this man 
Barrett claimed to have seen blood there, before he went 
back to see it, although this thing tore him ail to pieces, and 
although he was anxious to employ a detective, — so anxious 
that he phoned Schiff three times to get the Pinkertona 
down, according to his own statement ( Lemmie Qui tin had 
to come and ask him back to see the blood spots on the sec- 
ond floor, found by this man Barrett. 

Is that the conduct of a man, the head of a pencil factory, 
who had employed detectives, anxious to assist the police, — 
saw it in the newspapers and yet Lemmie Quinn had to go 
and ask him to go back? And then he tells you in this state- 
ment, which is easy to write, was glibly rattled off, a state- 
ment that you might expect from a man that could plot the 
downfall of a girl of such tender years as little Mary Phagan, 
that he went back there and examined those blood spots with 
an electric flashlight, that he made a particular and a mi- 
nute examination of them, but strange to say, not even Lem- 
mie Quinn comes in to sustain you. and no man on earth, so 
far as this jury knows, ever saw Leo M, Frank examining 
what Barrett said and Jefferson said and Mel Stanford said 
and Beavers said and Starnes said and a host of others said 
was blood near the dressing room on the second floor. You 
know why ? Because it never happened. If there was a spot 
on this earth that this man Frank didn't want to examine, 
if there was a spot on earth that he didn't want any blood 
found at all, it wag on the second floor, the floor which, ac- 
cording to his own statement, he was working on when this 
poor girl met her death, 

Went to Morgue Second Time, 

Sehiff, he says, saw those notes down there and at Police 
Headquarters. Frank says he visited the morgue not only 



109 

once but twice. If he went down there and visited that morgue 
and saw that child and identified her body and it tore htm 
all to pieces, as he tells you it did, let any honest man, I don't 
care who he be, on this jury, seeking to fathom the mystery 
of this thing, tell me why it was* except for the answer that 
I give you, he went down there to view that body again,? 
Rogers said he didn't look at it ; Black said he didrft see him 
look at it. 

Mr. Rosser: He is mis-stating the evidence. Rogers 
never said that he didn't look at the body, he said he 
was behind him and didn't know whether he did or not; 
and Black said he dido h t know whether he did or not. 

11 r, Dorsey: Rogers said he never did look at that 
body, 

Mr. Arnold: T insist that isn't the evidence. Rogers 
said he didn't know and couldVt answer whether he saw 
it or not, and Black said the same thing, 

Fm not going to quibble with you. The truth is., and you 
know it, that when that man Frank went down there to look 
at that body of that poor girl, to identify her he never 
went in that room, and if he did look at her long enough to 
identify her, neither John Black nor Rogers nor Gheesling 
knew it. 1 tell you, gentlemen of the jury* that the truth of 
this thing is that Frank never looked at the body of that 
poor girl T but if he did, it was just a glance, as the electric 
light was flashed on and he immediately turned and went frto 
another room, 

Mr, Rosser: There isn't a bit of proof that he went 
into another room, I object again, sir. there isn't a part- 
icle of proof of that. 

The Court: Look it up and see what was said. 

Mr. Dorsey: I know this evidence, 

Mr. Rosser : If Your Honor allows it to go on, there's 
no use looking it up. He never said anything about go- 
ing into another room. 

The Court: What is your remembrance about that? 



110 

Mr. Rosser: It isn't true, Your Honor. 

Mr. Dorsey: I challenge you to produce it* 

Mr. Rosser: There's no use to challenge it T if he goes 
od and makes the argument they make, those deductions 
for which there's no basis, but when he makes a mis- 
statement of the evidence, it's perfectly useless to go on 
and look it up, and we decline to look it up. 

Mr. .Dorsey: I insist that they look it up. I insist 
that I'm sticking to the facts, 

Mr. Rosser: No, you are not. 

The Court: Well, if you'll give mo the record I'll look 
it up, Mr, Haas look that up and see what is the fact 
about it. 

Mr, Horsey: I know what Boots Rogers said myself. 

The Court: The jury knows what was said. 

Mr, Dorsey: That's quibbling — 

Mr. Arnold: Is that correct, Your Honor? 

The Court: No, that's not correct; whenever they ob- 
ject, Mr. Dorsey, if you don't agree upon the record, 
have it looked up, and if they are right and you know it, 
and you are wrong, or if they are wrong and you also 
know it, — if they are wrong they are quibbling, and if 
they are right they are not quibbling. Now, just go on. 

Wanted to Listen for Suspicions. 

If that man Frank ever looked at that girl's face, — r chal- 
lenge them to produce the record to show it, — it was so brief 
that if she was dirty and begrimed and her hair was bloody 
and her features contorted, I tell you that, if he didn't know 
her any better than he would have you believe he knew her, 
he never could have identified her as Mary Phagan. Never 
could. And I say to you, gentlemen of the j ury T that the rea- 
son why this man re-visited that morgue on Sunday after- 
noon, after he had failed to mention the subject of the death 
in the bosom of his family at the dining table, when he tells 
you that it tore him all to pieces, there was but one reason 



Ill 

for re- visiting that morgue, and that was to put his ear to 
the ground and see if at that hour there was any whisper or 
suggestion that Leo M. Frank, the guilty man, had commit- 
ted the dastardly deed. 

The Court: Mr. Haas, look up and see what they 
claim Boots Rogers said. 

Sight of Girl Unnerved Him. 

Black didn't see him, Rogers didn't see him, Gheesling 
didn't see him. One of the earliest to arrive, the superinten- 
dent of the factory, (Rogers said he had his eye on him) he 
turned and stepped aside, and he himself said that the sight 
tore him all to pieces, and he seeks to have you believe that 
that automobile ride and the sight of that poor girl's fea- 
tures accounts for the nervousness which he displayed; and 
yet we find him going, like a dog: to his vomit, a sow to her 
wallow, back to view the remains of this poor little innocent 
girl. And I ask you, gentlemen of the jury, if you don't, 
know that the reason Leo Ml Frank went down to that 
morgue on Sunday afternoon was to see if he could scent 
anything in the atmosphere indicating that the notice sus- 
pected Leo M. Frank? He admits his nervousness, he ad- 
mits his nervousness in the presence of the officers \ the Se- 
ligs say that he wasn't nervous, that he wasn't nervous Sat- 
urday night when he telephoned Newt Lee to find out if any- 
thing had happened at the factory, that he wasn't nervous 
when he read this Saturday Evening Post — 

Mr. Rosser: Now, the question of whether Boots 
liaid he went into that room is now easily settled (Mr. 
Roaser here read that portion of the examination of 
the witness Rogers.) 

Mr Dorsey; Well, that's cross examination, ain't it? 

Mr Rosser: Yes, but I presume he would tell the 
truth on cross examination, I dent know ; he passed out 
of his view, he didn't say he went into a room. 



112 



Mr. Dorsey: Correct me if I'm wrong. Boots Rogers 
said he didn't go where the corpse lay, and that's the 
proposition that we lay down. 

Mr. Rosser: That isn't the proposition either; now 
you made a statement that isn't true, the other state- 
ment isn't true; Rogers said that when he left, "he 
went out of my view," he was practically out of his view 
all the time. I was juM, trying to quote the substance 
of that thing. 

He wanted to get out of the view of any man who repre- 
sented the majesty and dignity of the law, and he went in 
behind curtains or any old thing that would hide his counte- 
nance from those men. And he said on the leading exami- 
nation — 

Mr, Rosser: 1 don't know what you led out of him, 
but on the cross he told the truth. 

1 come back to the proposition in the bosom of his family, 
— notwithstanding he read that Saturday Evening Post out 
there in the hall Saturday night, this thing kept welling in 
his breast to such an extent that he had to make a play of 
being composed and cool, and he went in there and tried to 
break up the card game with the laughter that was the 
laughter of a guilty conscience. Not with standing the fact 
that he was able, Sunday, at the dining table and in the bos- 
om of his family, when he hadn't discussed this murder, 
when Mrs, Selig didn't know that it was a murder that con- 
cerned her h when the whole Selig household were treating 
jt as a matter of absolute indifference, if he wasn't nervous 
there, gentlemen of the jury, surely he was, as I am going to 
show you, nervous when be came face to face and bad to dis- 
cuss the proposition with the minions of the law. 

Frank's Nervousness Apparent, 

He was nervous when he went to run the devator, when 
he went to the box to turn on the power, and he says here in 
his statement, unsupported by any oath, that he left that box 



113 

open because some member of the fire department had come 
around and stated that you must leave that box open because 
the electricity might innocently electrocute some member of 
the fire department in case of fire. I ask you, gentlemen of 
the jury, what was the necessity for leaving the box open 
when a simple turn of the lever would have shut off the elec- 
tricity and enabled the key to have been hung up in the of- 
fice, just exactly like old Hollow ay swore when he didn't 
know the importance of the proposition , in the affidavit 
which I have and which was submitted in evidence to you, 
that that box was locked and the key was put in Frank's 
office? Why don't they bring the fireman here who went 
around and gave such instructions ? First, because it wasn't 
necessary, they could have cut the electricity off and locked 
the box. And second, they didn't bring him because no 3uch 
man ever did any such thing, and old Holloway told the truth 
before he came to the conclusion that old Jim Conley was "his 
nigger*' and he saw the importance of the proposition that 
when Frank went there Sunday morning the box was un- 
locked and Frank had the key in his pocket. 

Mr. Rosser: You say Mr. Frank had the key in his 
pocket? No one mentioned it, that isn't the evidence; T 
say it was hung up m the office, that's the undisputed 
evidence. 

Mr, Dorsey: Hoi to way aays when he got back il Fri- 
day morning it was hung up in the office, but Boots 
Rogers said this man Frank, — and he was sustained by 
other witnesses, — when he carne there to run that ele- 
vator Sunday morning, found that power box unlocked. 

Mr. Rosser : That's not what you said. 

Mr. Dorsey: Yes it is, 

Mr. Rosser: You said Frank had the key in his pock- 
et next morning, and that isn't the evidence, there's not 
a line to that effect 

The Court : Do you still insist that he had it in his 
t pocket ? 

Mr. Dorsey: I don't care anything ahout that; the 



114 

point of the proposition, the gist of the proposition, the 
force of the proposition is that old Hollway stated, way 
back yonder in May, when I interviewed him, that the 
key was always in Frank's office ; this man told you that 
the power box and the elevator was unlocked Sunday 
morning and the elevator started without anybody go- 
ing and getting the key. 

Mr, Rosscr; That's not the point he was making, 
the point he was making, to show how clearly Frank 
must have been connected with it, he had the key in his 
pocket. He was willing to say that when he ought to 
know that's not so. 

The Court: He's drawing a deduction that he claims 
he's drawing. 

Mr, Rosscr: He doesn't claim that, He says the 
point is it was easily gotten in the office, but that's not 
what he 3airt. 

The Court : You claim that's a deduction you are 
drawing? 

Mr. TJorsey: Why, sure, 

The Court: Now t you don't claim the evidence shows 
that? 

Mr, Dorsey: I claim that the power box was stand- 
ing open Sunday morning. 

The Court: Do you insist that the evidence shows he 
had it in his pocket? 

Mr, Dorsey: I say that's my recollection, but r'm 
willing to waive it; but let them go to the record , and 
the record will sustain me on that point, just like it sus- 
tains me on the evidence of this man Rogers, which I'm 
now going to read, 

Frank Stepped Out of Room, 

Rogers said "Mr. Gheesling caught the face of the dead 
girl and turned it over towards me ; I looked then to see if 
anybody followed me, and I saw Mr, Frank step from outside 
of the door into what I thought was a closet, but I after- 



115 



wards found out was where Mr. Ghees ling slept, or some- 
body slept, there was a little single bed in there/' 

Mr. Rosser: He did say that upon direct examina- 
tion, but here on cross examination be stated tbat he 
didn't know that be went in that room ; now you take 
his whole testimony to determine what he said; he says 
,+ I don't know/ 1 — that he Only surmised on that partic- 
ular point, but afterwards he says "I don't know/' 

The Court : Whenever he is inside of the record, don't 
interrupt him, but whenever he*s outside of the record 
you can do it. 

Says He "Identified" Her. 

1 don + t want to misrepresent this testimony, for goodness 
knows there's enough here without resorting to any such 
practice as that, and I don't want to mislead this jury and 
furthermore, I'm not going to do it. Frank says, after look- 
ing at the body, ' 1 identified that little girl as the one ibat 
had been up shortly after the noon of the day previous and 
got her money from me. T then unlocked the safe and took 
out the pay roll book and found that it was true that a little 
girl by the name of Mary Fhagan did work in the metal plant 
and that she was due to draw $1.20, the pay-roll book showed 
that, and as the detective bad told me that some one had 
identified the body of that little girl as that of Mary Phagan, 
there couJd be no question but what it was one and the same 
girl." And be might have added, "as I followed her back 
into the metal department and proposed to her that she sub- 
mit to my lascivious demands, I hit her, she fell, she struck 
her head; to protect my character, I choked her — to protect 
my reputation T choked her, and called Jim Conley to move 
her down to the basement, and for all these reasons, because 
I made out the pay-roll for fifty -two weeks during which 
time Mary liad worked there, T know, for these reasons, al- 
though I didnt look at her and eouldn*t have recognized her 
if she was in the dirty t distorted condition," he tells you in 



116 

this statement, she really was, "but I know it was Mary Pha- 
gan." 

And he corroborates in his statement these detectives, he 
says down at the undertaking establishment, "went down a 
long dark passageway with Mr, Rogers following, then I 
came and Black brought up the rear, Ghees! ing was on the 
opposite side of the little coo] Ing table, the table between 
him and mc; he took the head in his hands, put his finger 
exactly where the wound in the left aide back of the head was 
located"; and he seeks to have you believe that he "noticed 
the hands and arms of the little girl were very dirty, blue 
and ground with dirt and cinders, nostrils and mouth, — the 
mouth being open, — nostrils and mouth just full of saw-dust, 
the face was all puffed out, the right eye was blackened and 
swollen and there was a deep scratch over the left eye on the 
forehead/' He tells in his statement that in that brief 
glance, if he ever took any glance at all he saw that. The 
only way in the world to believe him is to say that these men, 
John Black and Boots Roger a, who have got no interest in 
this case in God's world but to tell the truth, perjured them- 
selves to put the rope around the neck of this man. Do you 
believe it? Starnes is a perjurer, too? Starnes say a "when 
I called this, man up over the telephone I was careful not to 
mention what had happened"; and unless Starnes on that 
Sunday morning in April was very different from what you 
would judge him to be by his deportment on the stand here 
the other day T he did exactly what he said he did. And yet 
this defendant in his statement said he says "what's the 
trouble, has there been a fire?" He says "No a tragedy, I 
want you to come down right away" ; H 'I says all right" ; 'Til 
send an automobile after you," and Starnes says that he 
never mentioned the word tragedy , and yet, so conscious, so 
conscious was this man Frank when Rogers and Black went 
out there and he nervously twitching at his collar, "What's 
the trouble, has the night watchman reported anything," 
asked them not, "has there been a fire," but L *has there been 
a tragedy? 11 But Starnes, the man who first went after Newt 



117 

Lee, the negro night watchman, because he pointed hia Anger 
of suspicion at him, — Staraes, the man who went after Gantt 
because this defendant pointed the finger of suspicion at 
him »- — Starnes, the man who has been & detective here on 
the police force for years and years, is a perjurer and a liar; 
to do what? Simply to gratify his ambition and place a 
noose around the neck of this man Frank, when he could 
have gone out after t if the circumstances had warranted it^ 
or if he had been a rascal and wanted to travel along the line 
of leat resistance, Newt Lee or Gantt or Coaley. 

"Has Anything Happened? >+ 

Another thing: Old Newt Lee says that when this de- 
fendant called him Saturday (right, a thing that he had never 
done during the time that he had been there at that pencil 
factory serving him as night watchman. Newt Lee tells you, 
although the defendant says that he asked about Gantt, 
Newt Lee says that Gantt's name was never mentioned, and 
that the inquiry was "has anything happened at the fac- 
tory?" 

You tell nie, gentlemen of the jury, that all these circum- 
stances, with all the we incriminating circumstances piling up 
against this man that we have nothing in this case but 
prejudice and perjury? 

Newt says he never mentioned Gantt Prank in his state- 
ment, says "I succeeded in getting Newt Lee, and asked him 
if Mr. Gantt had gone," He instructed this man Newt Lee to 
go with Gantt, to watch him, to stay with him, and old Newt 
Lee wouldn't even let Gantt in that factory unless Frank said 
that he might go up> He had instructed Lee previous there- 
to not to let him in for the simple reason he didn't want 
Gantt coming down there. Why? Because he didn't want 
him to come down and see and talk with little Mary for some 
reason I know not why; and old Newt Lee stopped this man 
Gantt on the threshold and refused to let him go up, and 
this man Frank says "you go up with him and see that be 



118 

gets what he wants and usher him out" And yet, though 
he had never done any such thing during the time Newt Lee 
had been up there, he innocently called Newt up to find out, 
he said, if Gantt had gone and Newt ftaid to find out if every- 
thing was all right at the factory; and you know that the 
reason he called up was to find out if Newt, in making his 
rounds h had discovered the body of this dead girL 

"Would you convict him on this circumstance or that cir- 
cumstance?" No. But I would weave them all together, and 
I would make a rope, no one strand of which sufficiently 
strong to send this man to the gallows for this poor girI*H 
death, but I would take them all together and T would say, 
in conformity with the truth and right, they all make such 
a rope and such a strand and such a cable that it's impos- 
sible not only to conceive a reasonable doubt, but to conceive 
any doubt at all. 

Frank was in jail, Frank had already stated in his affidav- 
it at Police Headquarters* which is in evidence, contradicting 
this statement and this chart which they have made, that he 
didn't leave his office between certain hours , Frank didn't 
know that his own detective, Harry Scott, had found this lit- 
tle Monteen Stover,— and I quote her evidence, I quote it and 
I submit it shows that she went in that office and went far 
enough in that office to see who was in there, and if she 
didn't go far enough in, it's passing strange that anybody in 
that office, — Frank him self h could have heard that girl and 
could have made his presence known. Scott, their own Pink-. 
erton detective, gets the statement from Monteen Stover, 
and he visits Leo M. Frank in his cell at the jail. Frank 
in order to evade that, says, +l to the best of my recol- 
lection I didn't stir out of the office, but it's possible that, in 
order lo answer a call of nature, I may have gone to the 
toilet, these are things that a man does unconsciously and 
can h t tell how many times nor when he does it." 



119 

Didn't Hear Monteen Stover. 

I tell you, gentlemen of the jury, that if this man Frank 
had remained in his office and was in his office when Monteen 
Stover went in there, he would have heard her, he would 
have seen her, he would have talked with her, 
he would have given her her pay. I tell you gen- 
tlemen of the jury, that if this man Frank had stepped out of 
his office to answer a call of nature, that he would have re- 
membered it, and if he wouldn't have remembered it, at least 
he wouldif t have stated so repeatedly and unqualifiedly that 
he never left his office, and only on the stand here, when he 
faces an honest jury, charged with the murder, and circum- 
stances banked up against him, does he offer the fiimsy ex- 
cuse that these are things that people do unconsciously and 
without any recollection. But this man Scott, La company 
with Black, after they found that little Monteen Stover had 
been there at exactly the time that old Jim Conley says that 
that man with this poor httle unfortunate girl had gone to 
the rear, and on May 3rd, the very time that Monteen Stov- 
er told them that she had been up there, at that time this 
Pinkerton detective, Scott, as honest and honorable a man 
as ever lived, the man who said he was going hand in hand 
with the Police Department of the City of Atlanta and who 
did, notwithstanding the fact that some of the others under- 
took to leap with the hare and run with the hounds, stood 
straight up by the city detectives and by the State officials 
and by the truth, put these questions, on May 3rd, to Leo 
M, Frank: says he to Frank: 

Detective Scott Loyal to Truth. 

"From the time you got to the factory from Montag 
Brothers, until you -went to the f ourtli floor to see White and 
Detiham, were you inside your office the entire time?" 
Answer: "I was/ 1 Again, says Scott — and Mr, Scott, in 
jail, when Frank didn't know the importance of the propn- 



120 

sition because he didn't know that little Monteen Stover had 
said that she went up there and saw nobody in his office — 

Scott came at him from another different angle: "From the 
time you came from Hontag Brothers, until Mary Phagan 
came, were you in your office?" and Frank said "yes," 
"From twelve o'clock," says Scott, "until Mary Phagan en- 
tered your office and thereafter until 13:50, when you went 
upstairs to get Mrs. White out of the building, were you in 
your office?" Answer: "Yes." "Then," says Scott, "from 
twelve to twelve thirty, every minute during that half hour, 
you were in your office?" and Frank said "yes/' And not 
until he saw the wonderful capacity, the wonderful ability, 
the wonderful devotion of this man Scott to the truth and 
right did he ever shut him out from his counsel No sug- 
gestion then that he might have had to answer a call of na- 
ture, but emphatically, without knowing the importance, he 
told his own detective, in the presence of John Black, that 
at no time, for no purpose from a few minutes before this 
unfortunate girl arrived, until he went upstairs, at 1£:5Q, 
to ask Mrs. White to leave, had he been out of his office. 

Then you teil me that an honest jury, with no motive but 
to do right, would accept the statement of this man Frank, 
that he might have been, these things occur so frequently 
that a man can't remember, and by that statement set aside 
what he said to his own detective, Harry Scott? Well, you 
can do it; you have got the power to do it; no king on the 
throne, no potentate has the power that is vested in the 
American jury, In the secret of your consultation room ± 
you can write a verdict that outrages truth and justice, if 
you want to, and no power on earth can call you to account, 
but your conscience, but so long as you live, wherever you 
go ± that conscience has got to be with you, — you can't get 
away from it; and if you do it, you will lose the peace of 
mind that goes with a clear conscience of duty done, and 
never again, SO long as you shall last Upon this earth, though 
others not knowing the truth might respect you, will you 
ever have your own self-esteem. 



121 
Couldn't Break Down Geo. Epps. 

£ have already talked to you about this time element. 
You made a mighty effort to break dawn little George Epps. 
You showed that McCoy didn't have a watch; have tried to 
show this man Kendley was a liar because he knew the lit- 
tle girl and felt that he knew in his heart who the murderer 
was. But there's one witness for the State against whom not 
a breath of suspicion has been apparent, — we impeached 
these men Matthews and Hollis by other witnesses besides 
George Epps and besides George Kendley and besides Mc- 
Coy, and as to how that little girl got to that factory, gentle- 
men, this man Mr* Kelley, who rode on the same car with 
Hollis, the same car that Hollis claims or Matthews claims 
that he rode on, knew the girl, knew Matthews, tells you and 
he's unimpeached and unimpeachable, and there's no sug- 
gestion here, even if you set the evidence of Epps and McCoy 
and Kenley aside, upon which an honest jury can predicate 
a doubt that this man Kelley of the street car company 
didn't tell the truth when he says that she wasn't on that 
car that this man Matthews says she was and she went 
around, because "I rode with Matthews and I know her and 
I know Matthews.'* 

And >[r, Rosser says that he don't care anything about all 
this medical evidence, — he don't care anything about cab- 
bage. I'm not g^ing back on my raising here or anywhere, 
and I tell you, gentlemen, that there is no better, no more 
wholesome meal, and when the stomach is normal and all 
right, there is nothing that is more easily digested, because 
the majority of the substance* which you eat takes the same 
length of time that cabbage requires. And I tell you that 
cabbage, corn bread and buttermilk b good enough for any 
man. T tell you, gentlemen of the jury, that Mr. Rosser^s 
statement here, that he don't care anything for that evi- 
dence of Doctor Roy Harris about this cabbage which was 
taken out of that poor girl J s stomach, is not borne out by 
the record in this case. It wouldn't surprise me if these able, 



122 

astute gentlemen, vigilant as they have shown themselves to 
he, didn't go out and get some doctors who have been the 
family physicians and who are well known to some of the 
members of this jury, for the effect that it might have upon 
you, 

Mr, Arnold: There's not a word of evidence as to 
that; that's a grossly improper argument, and I move 
that that be withdrawn from the jury. 

Mr. Dorsey : I don't state it as a fact, but I am sug- 
gesting it. 

Mr. Arnold: He has got no right to deduct it or sug- 
gest it, 1 just want Your Honor to reprove it, — repri- 
mand him and withdraw it from the jury; I just make 
the motion and Your Honor can do as you please. 

I am going to show that there must have been something 
besides the training of these men, and I'm going to con- 
trast them with our doctors. 

Mr, Arnold: 1 move to exclude that as grossly im- 
proper. He says he's arguing that some physician was 
brought here because he was the physician of some 
member of the jury, it's grossly unfair and it's grossly 
Improper and insulting, even, to the jury. 

Mr. Dorsey: I say it's eminently proper and abso- 
lutely a legitimate argument. 

Mr. Arnold: I just record my objection, and if Your 
Honor lets it stay in, you can do it. 

Mr. Dorsey : Yes, sir; that wouldn't scare me, Your 
Honor. 

The Court: Well, I want to try it right, and T sup- 
pose you do. Is there anything to authorize that infer- 
ence to be drawn? 

Mr. Dorsey: Why sure; why, the fact that you went 
out and got general practitioners, that know nothing 
about the analysis of the stomach, know nothing about 
pathology. 

The Court: Go on, then. 

Mr. Dorsey t I thought so. 



12S 

Mr* Arnold: Does Your Honor hold that is proper, — 
"I thought so?" 

The Court: I hold that he caD draw any inference 
legitimately from the testimony and argue it f — I don't 
know whether or not there is anything to indicate that 
any of these physicians was the physicians of the fam- 
ily, 

Mr. Rosser : Let me make the suggestion, Your Hon- 
or ought to know that before you let him testify it. 

The Court: He says he don't know it, he's merely ar- 
guing it from an inference he has drawn. 

Physicians Chosen for Influence on Jnry. 

I can't see any other reason in God's world for going out 
and getting these practitioners, who have never had any 
special training on stomach analysis, and who have not had 
any training with the analysis of tissues, like a pathologist 
has had, except upon that theory. And I am saying to you, 
gentlemen of the jury t that the number of doctors that these 
men put up here belie the statement of Mr. Rosser that he 
doesn't attach any importance to this cabbage proposition, 
because they knew, as you know, that it is a powerful factor 
in sustaining the State's case and breaking down the alibi of 
this defendant. It fastens and fixes and nails down with 
the accuracy only which a scientific fact can do t that this 
little girl met her death between the time she entered the 
office of the superintendent and the time Mrs, White came up 
the stairs at 13:35, to see her husband and found this de- 
fendant at the safe and saw him jump. You tell me that this 
Doctor Childs, this general practitioner, who don^ know any- 
thing about the action of the gastric juices on foods in the 
stomach, this man of the short experience of seven years, 
this gentleman, splendid gentleman though he is, from Mich- 
igan, can put his opinion against the eminent Secretary of 
the Georgia Board of Health, Doctor Roy Harris ? J tell you 
no + 



124 

Overwhelming Evidence of Physicians. 

Mr Rosser says that old Judge Samps Harris admitted 
him to the bar, that he knows him h but the son is not of the 
same quality as the father. I'm proud of the fact that old 
Judge Samps Harris likewise admitted me to the bar, and I 
tell you that no such grand man ever had a son that would 
prostitute his superb talents to a misrepresentation of the 
truth here or anywhere. And before you or anybody can 
set aside the scientific opinion of this expert^ who is pre- 
eminent among the ablest of his profession, and accept the 
statement of this man from Michigan, or Baconian, from 
Alsace-Lorraine, this pathologist who didn't even know the 
name of the first step in the process of digestion — when you 
take their opinion as against the opinion of this native born 
Georgia son, who holds the highest honor thai can be given 
to a man in his profession in the State, you have got to have 
some better display of knowledge of the subject than they 
evince in this presence. You tell me that Hancock, this sur- 
geon of the Georgia Rait way & Power Company, a man that 
saws off bones, has experimented with cabbage as put into, 
and diseases of, the stomach as Doctor Johnson dees? And 
do you tell me that Doctor 01mstead t who had un absolute 
"diarrhea of words " an absolute "constipation of ideas," so 
far as imparting anything, though he is a good man and an 
honest man and a splendid practitioner; you tell me this man 
Kendrickt a general practitioner who hasn't opened a book on 
this subject in ten years, good man as he is, general practi- 
tioner as he is, popular as he is, a man who boosted Roy Har- 
ris, according to his statement, to the position that he holds ; 
you tel) me^hat their word in this forum should stand for a 
minute against the testimony of Roy Harris, a pathologist 
of note; against Clarence Johnson, the stomach specialist, 
who has no superior in Georgia, and who fills the chair down 
yonder at the college over which Willis Westmoreland is 
President; you tell me that this man George Niles ± a stom- 
ach specialist, would tell you a thing that isn't true, and you 



125 

wouldn't take his word — a specialist on that proposition — or 
Doctor Fnnke, a pathologist, who examined the privates of 
this poor little gir], and who tells you that science could pre- 
dict and that he would predict, that the opinion of Doctor 
Harris, that this girl met her death somewhere about thirty 
minutes — that isn't true? And in opposition to that, set 
up the testimony of Doctor Willis Westmoreland* gangrened 
with prejudice to such an extent that, when I exhibited to 
him the American Medical Journal, this authoritative jour- 
nal, in which Doctor E right, the very man in Philadelphia 
under whom Doctor Hancock studied — so intent was he and 
SO bitter was he, that he told you that that Was a journal o( 
quacks add mountebanks; and you tell me that this surgeon, 
who tried to run the Board of Health of the State of Geor- 
gia and threatened to resign if they didn't do like he wanted 
them to do and turn oft this man Roy Harris that he says 
was guilty of scientific dishonesty h when we tender the 
present President of the Board and the minutes of the meet- 
ing showing absolutely that there isn't a word of truth in it 
you tell me that you didn't attach any importance to the 
test, or that a jury of honest men wouldn't accept the opin- 
ion of these scientific experts, skilled in their business, as 
against the opinion of these men who arc only surgeons and 
general practitioners 7 I tell you that if it was a matter of 
importance to you — and that's the standard the law sets up 
in a case of this kind, — you wouldn't hesitate a minute. "I 
take acts, not words, h said old Judge Lochranc, in the 43rd 
Georgia. 

Frank Nervoos Before Arrest, 

Now, briefly, let's run over this nervousness proposition. 
The man indicated nervousness when he talked to old man 
John Staines, when Black went out to his house and he sent 
his wife down to give him nerve, although he was nearly 
dressed and she wasn't at all dressed, he betrayed his nerv- 
ousness by the rapidity of his questions, by the form or his 



126 

questions. But first, before we get to that, he warned old 
Newt Lee to come back there Saturday at four o'clock, and 
dutiful old darkey that he waa, old Newt walked in and 
Frank then waa engaged in washing hia hands. Jim Con- 
ley hadn't come, taut he was looking for Conley, and he sent 
old Newt Lee out, although Newt insisted that he wanted to 
sleep, and although he might have found a cozy corner on 
any floor in that factory , with plenty of sacks and corda 
and other thinga to make him a pallet, he wanted old man 
Newt to leave. Why? When Newt aaid he was sleepy he 
wanted him to leave so that he could do just exactly what 
old Jim Conley told you Frank made hia promise to do, — he 
wanted an opportunity to burn that body, so that the City 
Police of Atlanta wouldn't have the Phagan mystery solved 
today, and probataly it would not even be known that the 
girl lost her life in that factory. 

Hia anxiety about Gantt going back into that building 
that afternoon, when he bung his head and said to Gantt 
that he saw a boy sweeping out a pair of shoes, and Gantt 
says "what were they, tan or black?" And ah, gentlemen, 
it looked like Providence had foreordained that this old, 
long-legged Gantt should leave, not only one pair, but two 
pairs, "What kind were they," he aaid; he gave him 
the name of one color, and then, aa Providence 
would have it, old Gantt said, H 'ah, but I've got two pair," 
and then it was that he dared not say, because he couldn't 
then say, that he saw that man also sweeping them out : then 
it was that he said "all right, Newt, go up with him and let 
him get them," and lo and behold, the ahoea that this man 
Frank would have him believe were swept out, both tan 
and black were there. Gantt tells you how he acted; Newt 
tells you how he jumped, Rogers and Black, honeat men 
when they went out there after Mr. Starnes had talked to 
him, tell you that he was nervous. Why? Why do you say 
you were nervous ; because of the automobile ride? Because 
you looked into the face of this little girl and it was such a 
gruesome sight? I tell you, gentlemen of the jury, and 



127 

you know it, that this man Frank needed, when he had his 
wife go down to the dinar 7 somebody to sustain him* I tell 
you that this man Frank, when he had his wife telephone 
Darley to meet him at the factory, did it because he wanted 
somebody to sustain him, I teE you, gentlemen of the jury, 
that, because he sent for Mr. Rosscr, — big of reputation and 
big of brain, dominating and controlling, so far as he can, 
everybody with whom he comes in contact, the reason he 
wanted him at the Police Headquarters, and the reason he 
wanted Haas, was because his conscience needed somebody 
to sustain him, 

Trembled Like Aspen l-<ear\ 

And this man Darley! We had to go into the enemy's 
Camp to get the ammunition, but fortunately, I got on the 
job and sent the subpoena, and fortunately Darley didn't 
know that he didn't have to come, and fortunately he came 
and made the affidavit, to which he stood up here as far as 
he had to because he couldn't get around it, in which Darley 
says "I noticed his nervousness; I noticed it upstairs, J no- 
ticed it downstairs," when they went to nail up the door. 
"When he sat in my lap going down to the Police Headquar- 
ters he shook and he trembled like an aspen leaf," I con- 
fronted him with the statement, in which he had said "com- 
pletely undone." He denied it but said "almost undone/' I 
confronted him with the statement that he had made, and 
the affidavit to which he had sworn, in which he had used the 
language, "Completely unstrung," and now he changed it in 
your presence and said "almost completely unstrung." 

You tell me that this man that called for breakfast at 
home, as Durant called for bromo seltzer in San Francisco, 
this man who called for coffee at the factory, as Durant 
called for bromo seltaer in San Francisco, you tell me that 
this man Frank, the defendant in this case, explains his 
nervousness by reason of the automobile ride, the view of 
the body, — as this man Durant, in San Francisco tried to 



12S 

explain his condition by the inhalation of gas, — you tell me, 
gentlemen of the jury, that these explanations are going to 
wipe out the nervousness that you know could have been 
produced by but one cause, and that is, the consciousness 
of an infamous crime that had been committed? 

But that ain't all: Rogers and Starnes and Gantt and 
this boy, then, L, 0, Grice, the man who was going to take 
the train early Sunday morning, the man who was led by cu- 
riosity down into that place where the body lay before it 
was moved to the Coroner's; 

(At this point a short intermission was ordered by 
the Court, after which the Solicitor resumed, as fol- 
lows) : 

Frank Turned the Light Down. 

Old Newt Lee says that when he went back there that aft- 
ernoon he found that inside door locked, — a thing that 
never had been found before he got there at four o'clock, a 
thing that he never had found. Old Newt Lee says that 
Frank came out of his office and met him out there by the 
desk, the place where he always went and said "AH right, Mr. 
Frank," and that Frank had always called him in and given 
him his instructions. But Newt Lee says that night, when 
he went into the cellar, he found the light, that had always 
burned brightly turned back so that it was burning just about 
like a lightning bug. You tell me that old Jim Con ley felt 
the necessity to have turned that light down? I tell you 
that that light was turned down, gentlemen, by that man, 
Leo M. Frank, after he went down there Saturday after- 
noon, when he discovered that Conley wasn't coming back 
to burn the body, to place the notes by the body, that Con- 
ley had written, and he turned it down in the hope that the 
body wouldn't be discovered by Newt Lee during that night. 



129 

Scott's Devotion to Truth. 

Monday evening, Harry Scott is sent for, the Pinkerton 
man — and it didn't require any affidavit to hold old Scott 
down to the truth, though after my experience with that 
man Darley, I almost trembled in my boots for fear this 
man Scott, one of the most material witnesses, although the 
detective of this defendant's company, might also throw me 
down, Scott says this man Frank, when he went there 
Monday afternoon, after he had anxiously phoned Schiff to 
see old man Sig Montag and get Sig Montag's permission — 
had phoned him three times — Scott says that he squirmed 
in his chair continually, crossed and uncrossed his legs^ rub- 
bed his face with his hand, sighed, twisted and drew long 
deep breaths. After going to the station Tuesday morning, 
just before his arrest — if he ever was ar res Led — just be- 
fore his detention, at another time altogether from the time 
that Darley speaks, of, — Darley, the man for wham he sent, 
Darley the man who is next to him in power. Darley the" man 
that he wanted to sustain his nerve — Scott, your own detec- 
tive, says that he was nervous and pale, and that when he 
saw him at the factory y his eyes were large and glaring. 
Tuesday morning. Waggoner, sent up there to watch him 
from across the street, says before the officers came to get 
him > he could see Frank pacing his office inside, through 
the windows, and that he came to the office window and 
looked out at him twelve times in thirty minutes, — that he 
was agitated and nervous on the way down to the station. 

I want to read you here an excerpt from the speech of a 
man by the name of Hammond, when prosecuting a fellow 
by the name of Dunbar for the murder of two little chil- 
dren; it explains in language better than f can command, 
why all this nervousness: 

Consciousness of Guilt Within Him. 

"It was because the mighty secret of the fact was in his 
hearty it was the overwhelming consciousness of guilt striv- 



130 

ing within him ; it was nature over-burdened with a terrible 
load; it was a conscience striving beneath a tremendous 
crushing weight ; it was fear, remorse and terror — remorse 
for the past, and terror for the future. Spectral shadows 
were flitting before him" — the specter of the dead girl, the 
cord, the blood, arose, "The specter of this trial, of the 
prison, of the gallows and the grave of infamy. Guilt, gen- 
tlemen of the jury, forces itself into speech and conduct, and 
is its own betrayer." 

Analysis of Conley's Evidence. 

So far, not a word about Conley; not a word. Now, let's 
discuss Conley. Leave Conley out, you've got a course of 
conduct that shows that this man is guilty, because it is con- 
sistent with the theory of guilty and inconsistent with any 
other hypothesis, reasonable or otherwise. 

Before going on to Conley, lot's take those who are brought 
into this thing by Conley. Is Dalton a low-down character? 
If he is, isn't he just exactly the kind of man you would ex- 
pect to find consorting with this woman, Daisy Hopkins? 
But if, as Mr, Beuben Arnold said, the fact that a man 
sometimes likes to go around with the ladies for immoral 
purposes, don't damn this man Frank, then why will it 
damn Dalton? 1 grant you that Dalton, in his young days* 
was not what he should have been. You took him back yon- 
der In Walton County, at his old home, and brought up men 
here to impeach him about whom we know nothing. We 
took Dalton after he moved to Atlanta and we did for him 
what you didn't dare to undertake to do for Daisy,. — we 
gave him a good character after he got aw T ay from that mis- 
erable crowd with whom he associated in his old home in 
Walton. Mr. Eosser said that once a thief, always a thief 
and eternally damned. Holy Writ, in giving the picture 
of the death of Christ on the Ceoss, says that, when He suf- 
fered that agony, He said to the thief t 'This day shalt thou 
be with Me in Paradise;" and unless, our religion is a. fraud 



131 

and a farce, if it teaches anything, it is that man> though he 
may be a thief, may be rehabilitated, and enjoy a good ehaiv 
acter aod the confidence of the people among whom he 
lives. 

Dalton Corroborates Conley. 

And this man Dalton, according to the unim peached testi- 
mony of these people who have known him in DeKalb aod 
Fulton since be left that crowd back yonder where he was a 
boy and probably wiM and did things that were wrong, they 
tell you that today he is a man of integrity, notwithstanding 
the fact that he is sometimes tempted to step aside with a 
woman who has fallen so low as Daisy Hopkins, Did we sus- 
tain him? By more witnesses by far than you brought here 
to impeach him, and by witnesses of this community, wit- 
nesses that you couldn't impeach to save your life. Did we 
sustain him? We not only sustained him by proof of gen- 
eral good character, but we sustained him by the evidence 
of this man, C- T, Maynard, an unimpeached and unimpeach- 
able witness, who tells you, not when Xewt Lee was there, 
during the three weeks that Xewt Lee was there, but that 
on a Saturday afternoon in June or July, 1912, he saw with 
his own eyes this man Dalton go into that pencil factory 
with a woman. Corroboration of Conley? Of course, it's 
corroboration > The very fact, gentlemen of the jury, that 
these gentlemen conducting this ease failed absolutely and 
ingloriously even to attempt to sustain this woman, Daisy 
Hopkins, is another corroboration of Conley- 

But, ah I Mr. Kosser said he would give so much to know 
who it was that dressed this man Conley up,— this 
man about whom he fusses, having been put in the custody 
of the pohec force of the City of Atlanta, Why, if you had 
wanted to have known, and if you had used one-half the ef- 
fort to ascertain that fact that you used when you sent 
somebody down yonder t — I forget the name of the man, — 
to Walton County to impeach this man, Dalton, you could 



132 

have found it out. And x I submit that the man that did it, 
whoever he was, the man who had the charity in his heart 
to dresa that negro up, — the negro that you would dress in 
a shroud and send to his grave, — the man that did that, to 
bring him into the presence of this Court deserves not the 
condemnation, but the thanks of this jury. 

Season for Police Keeping Conley* 

Let's see what Mr. William Smith, a man employed to de- 
fend this negro Conley, set up in response to the rule issued 
by His Honor, Judge Roan, and let's see now if they are not 
all sufficient reasons why Con ley should not have been de- 
livered into the custody of the City police of Atlanta, though 
they are no better, but just as good as the Sheriff of this 
County. "Respondent (Jim Conley, through his attorney) 
admits that he is now held in custody, under orders of this 
Court, at the police prison of the City of Atlanta, having 
been originally held in the prison of Pulton County, also un- 
der order of this Court, the cause of said commitment by 
this Court of respondent being the allegation that respon- 
dent is a material witness in the above case, — that of The 
State against Leo M, Frank — "in behalf of The State, and it 
is desired to insure the presence of respondent at the trial 
of the above case," So he couldn't get away, in order to 
hold him. "Respondent admits that he is now at the City 
police prison at his own request and instance, and through 
the advice and counsel of his attorney. Respondent shows 
to the Court that the City police prison is so arranged and 
so officered that respondent is absolutely safe as to his phy- 
sical welfare from any attack that might be made upon him ; 
that he is so confined that his cell is a solitary one, there be- 
ing no one else even located in the cell block with him; that 
the key to this cell block and the cell of respondent is always 
m the possession of a sworn, uniformed officer of the law; 
that under the instructions of Chief of Police Beavers* said 
sworn officers are not allowed to permit any one to approach 



133 

this respondent or come into his cell block, except the at- 
torney of respondent and such persons as this respondent 
may agree to see and talk with ; that respondent, so confined, 
is protected from any physical harm ami is protected from 
the possibility of legal harm by others who might seek to 
damn respondent by false claims, as to statements alleged to 
be made by respondent." 

Friends of Frank "Approached" Conley. 

That was right, — if it was right for Frank not to see, in 
the jail, anybody except those he wished to see, why wasn't 
it equally right, at Fohce Headquarters, far Jim Conley? 
Conley says that neither he "nor his counsel have made re- 
quest for the release of respondent or his transfer to any 
other place of confinement.'' Conley "is willing to remain 
indefinitely as a prisoner In solitary confinement, under any 
reasonable rules this Court {referring to His Honor, Judge 
Roan) may direct, subject to any further order or direction 
of this Court. Respondent admits that be is a material wit- 
ness in behalf of the State of Georgia in this ease, and ad- 
mits that in the exercise of sound discretion, it is proper 
that respondent be held until the final trial of this, or any 
other ease growing out of the unfortunate death of Miss 
Mary Fhagan, but this respondent denies that, in the exer- 
cise of sound judicial discretion, it is necessary for this 
Court to order respondent held at any particular prison. 
Respondent denies that this Court has any legal right, in the 
exercise of sound judicial discretion, to order this respon- 
dent held as a witness in behalf of the State, when it is 
shown to this Court, as it is shown beyond the peradventure 
of a doubt, that there is no possibility for this respondent 
not to be present and subject to call as a witness in behalf 
of the State, since he is held in complete and perfect impris- 
onment, and there being no possible theory that the ends of 
justice will be thwarted, and all of these facts being without 
the slightest question, there is no reason for any order of 



134 

this Court committing respondent"; as they sought, Leo M. 
Frank's counsel, sought to have done, to the common jail of 
Fulton County, in the custody of the Sheriff. "Respondent 
ia advised and believes that the counsel JTor the defendant 
(Frank) in this case has been, within the last few days, 
studying the law very thoroughly bearing on the question of 
the holding of this respondent as a material witness in be- 
half of the State, at any other place than the County prison, 
and also immediately finds a move on foot to have respon- 
dent returned to the County prison, and respondent is ad- 
vised by his counsel that it is the belief of his counsel that 
the idea of transfer back to the County prison has under it 
plans laid by persona unfriendly to the interests of this re- 
spondent and friendly to the interests of the defendant 
(Frank) in this case. Respondent denies that the lav/ vests 
in this court the right of committal as a witness in behalf of 
either side, under the facts and circumstances of this or any 
other case, Respondent shows that the conditions at the 
County jail are such that the interests of justice, as far as 
this respondent is concerned, can not be as well safeguarded 
and the interests of respondent and the interests of justice 
are greatly threatened by the return of this respondent to 
the County jaiL He shows that, through no fault of the 
County Sheriff, a sufficient inside force of guards has not 
been provided by the County authorities, only one man be- 
ing paid by the County to guard twenty cell blocks, distrib- 
uted in twenty wings and over five floors ; that it is a physi- 
cal impossibility for this one man to keep up or even know 
what is transpiring on five different floors t or twenty sepa- 
rate immense wall and steel blocks, distributed through a 
large building; that with this inadequate force, which this 
respondent is advised the Sheriff of this County has com- 
plained about, it is an absolute impossibility for the best 
Sheriff in the world, or the best-trained deputies, to know 
exactly what is going On at any and all times, or any reas- 
onable part of the time* that the keys to practically all of 
the cell blocks are carried by convicted criminals, known as 



X35 

"trusties/' who turn in and out parties entering or leaving 
cell blocks, and while they have general instructions cover- 
ing their duties, it is an impossibility for the inside deputy 
to know whether each is discharging his duty properly at all 
times ; that the food is prepared and distributed in the Coun- 
ty prison itself and practically by convicted criminals, whose 
disregard for law and principle is written upon the criminal 
records of this State ; that, owing to this condition, men have 
been known to saw through sohd steel bars and cages and 
escape to freedom ; that it would be easy for any one to reach 
or harm respondent or to poison him through his food ; that 
the "trusty turnkeys," who are convicts, can easily swear as 
to admissions against the interest of this respondent, even 
though such admissions might not be made; that the friends 
of the defendant (Frank) in this case are allowed to pour 
constantly into the jail, at all hours of the day and up to a 
late hour of the night, and are in close touch with many of 
these "trusty turnkeys" and "trusty attachees" of the jail; 
that while a prisoner at the County prison, before his trans- 
fer to the City prison, a goodly number of people were ad- 
mitted to the cell block to talk with respondent, whose pres- 
ence was not requested or desired ; that among those visit- 
ors was one whom this respondent has every reason to be- 
lieve was working in the interest of the defendant ( Frank)/' 
And when he was down there, they admitted them to talk 
to him, and he didn't desire their presence, and even here in 
this Court, by newspaper men, for the short time that this 
man Conley was put in, they turn up and try to prove cir- 
cumstances and admissions that Conley denies he ever 
made, "A goodly number of people," he says, for the short 
time that he was down there, "were admitted to the cell 
block and talked to respondent, whose presence was not re- 
quested nor desired; among those visitors was one whom 
this respondent has every reason to believe was working in 
the interest of the defendant < Frank) ; that this party pre- 
sented respondent with sandwiches, which this respondent 
did not eat, that this same party also offered to present re- 



136 

spondent with whiskey; that respondent wag threatened with 
physical harm while in the County prison to the extent of 
the possibility of taking his life ; that he was denounced as 
a liar, relative to his testimony in this case; and this respon- 
dent (Jim Conley) is sure without the knowledge or through 
the neglect of the sheriff or any of his men, but directly at- 
tributable to the construction physically of the County pris- 
on and the inadequate force allowed the Sheriff to oversee 
and care for it* That respondent is advised and believes that 
one of the parties friendly to the defendant (Frank) is al- 
ready priming himself to swear that respondent made cer- 
tain admissions while he was in the County prison which 
this respondent did not make, and which testimony will be 
false, but will be given, if given, to help the defendant 
(Frank) and damage this respondent (Jim Conley), That 
this respondent was imprisoned, while in the County prison, 
directly over the cell block in which said defendant is de- 
tained f and was lodged among the most desperate criminals, 
one even being under sentence of death, and willing, no 
doubt , to swear or do anything necessary to help save or 
prolong his life; that these desperate criminals with whom 
this respondent was lodged, had this respondent completely 
at their mercy and could swear that he admitted things most 
damaging and which would be false and untrue and known 
by them to be false and untrue. This respondent is advised 
and believes that the Sheriff of this County has publicly pro- 
claimed that the defendant looks him in the eye like an in- 
nocent man; that the Sheriff has given said defendant 
{Frank) an entire cell block and has isolated him completely 
excupt from his friends ; that the Sheriff has expressed him- 
self as not desiring "that nigger returned to the County 
prison," meaning respondent; that the Sheriff appears to 
feel that the requests made by respondent are meant as a 
reflection upon the Sheriff, but same was not so intended to 
be construed ; nor was same so represented to the Court at 
the time of the transfer, nor was any such allegation made 
before the Court, at the time of the passage of the second 



137 

order transferring respondent back to the City prison, nor 
does respondent believe that same was in the mind of the 
Court, at the time of the passage of the order or influenced 
the Court ; but that the inadequate force allowed the Sheriff 
and the construction of the jail Tendered this request by re- 
spondent necessary, and same was made to this Court with 
no statement of facts, other than it was requested by respon- 
dent and in the judgment of the representative of the State 
there *vas necessity for same,'* 

Removed From Jail to Station-house. 

Judge Roan did it, — no reflection on the Sheriff, but with 
the friends of this man Frank pouring in there at all hours 
of the night, offering him sandwiches and whiskey and 
threatening his life, things that this Sheriff, who is as good 
as the Chief of Police but no better, couldn't guard against 
because of the physical structure of the jail, Jim Conley 
asked, and His Honor granted the request, that he be re- 
manded back into the custody of the honorable men who 
manage the police department of the City of Atlanta 

Mr, Rosser: No, that's a mistake, that isn't correct, 
Your Honor discharged him from custody, — he said that 
under that petition Your Honor sent him back to the 
custody where you had him before, and that isn't true, 
Your Honor discharged him, vacated the order, that's 
what you did. 

Mi\ Dorsey : Here's an order committing him down 
there first — you are right about that, I'm glad you are 
right one time. 

Mr, Rosser: That's more than you have ever been. 

Mr. Dorsey : No matter what the outcome of the or- 
der may have been, the effect of the order passed by 
His Honor, Judge Roan, who presides in this case, was 
to remand him into the custody of the police of the City 
of Atlanta, 

Mr. Rosser: I dispute that; that isn't the effect of 
the order passed by His Honor, the effect of the order 



138 

passed by His Honor was to turn him out, and they 
went through the farce of turning- him out on the street 
and carrying him right back. That isn't the effect of 
Your Honor's judgment. In this sort of case, we ought 
to have the exact truth. 

The Court: This is what I concede to be the effect 
of that ruling: I passed this order upon the motion of 
State's counsel first, is my recollection and by consent 
of Conley's attorney — 

Mr. Rosser: I'm asking only for the effect of the 
last one. 

The Court: On motion of State's counsel, consented 
to by Conley's attorney* I passed the first order, that's 
my recollection. Afterwards, it came up on motion of 
the Solicitor General, I vacated both orders, committing 
him to the jai] and also the order, don't you understand, 
transferring him; that left it as though 1 had never 
made an order, that's the effect of it. 

Mr. Rosser: Then the effect was that there was no 
order out at all 1 

The Court: No order putting him anywhere, 
Mr. Kosser : Which had the effect of putting him out ? 
The Court: Yes, that's the effect, that there was no 
order at all. 
Mr. Dorsey : First, there was an order committing him to 
the common jail of Fulton County; second, he was turned 
over to the custody of the police of the City of Atlanta, by 
an order of Judge L, S. Roan; third, he was released from 
anybody's custody, and except for the determination of the 
police force of the City of Atlanta, he would have been a lib- 
erated man, when he stepped into this Court to swear, or he 
would have been spirited out of the State of Georgia so his 
damaging evidence couldn't have been adduced against this 
man, 

Conky J Si Character Sustains SCory. 

But yet you say he's impeached? You went thoroughly 
into this man Conley's previous life. You found out every 



139 

person for whom he had worked^ and yet this lousy, disrep- 
utable negro is unimpeached by any man except somebody 
that's got a hand iu the till of the National Pencil Company, 
Unimpeached as to general bad character, except by the hire- 
lings of the National Pencil Company, And yet you would 
have this jury r in order to turn this man loose, over- ride the 
facts of this case and say that Conley committed this mur- 
der, when all you have ever been able to dig up against him 
is disorderly conduct in the Pohce Court. Is Conley sus- 
tained ? Abundantly. Our proof of general bad character, 
the existence of such character as can reasonably be aup- 
pesed to cause one to commit an act like we charge, our proof 
of general bad character, I say, sustains Jim Conley. Our 
proof of general bad character as to lasciviouaness not even 
denied by a single witness, sustains Jim Conley. Tour fail- 
ure to cross examine and develop the source of information 
of these girls pot upon the stand by the State, — these "hair- 
brained fanatics," as Mr. Arnold called them, without rhyme 
or reason, sustains Jim Conley. Your failure to cross examine 
our character witnesses with reference to this man's charac- 
ter for lasciviousnesa sustains Jim Conley. His relations with 
Miss Rebecca Carson, the lady on the fourth floor, going into 
the ladies' dressing room even in broad daylight and dur- 
ing work hours, as first developed by Miss Jackson, your own 
witness, and as sustained by Miss Kitchens — 

Mr. Rosser: Miss Jackson said nothing about that, 
she never mentioned Miss Carson at all, 

Mr. Dorsey : That's right, you are right about that. 

Scores of Facts Sustain Conley, 

His relations with Miss Rebecca Carson, who is shown to 
have gone into the ladies 1 dressing room, even in broad day- 
light and during- work hours, by witnesses whose names I 
can't call right now, sustains Jim Conley. Your own wit- 
ness, Miss Jackson, who says that this libertine and rake 
came, when these girls were in there reclining and lounging 



140 

after they had finished their piece work, and tells of the sar- 
donic grin that lit his countenance, sustains Jim Conley. Miss 
Kitchens, the lady from the fourth floor, that, in spite of the 
repeated assertion made by Mr, Arnold, you didn't produce, 
and her account of this man's conduct when he came in there 
on the fee girls, whom he should have protected and when he 
should have been the last man to go in that room, sustains 
Jim Conley ; and Miss Jackson's assertion that she heard of 
three or four other instances and that complaint was made 
to the fore ladies in charge, sustains Jim Conley, Darley and 
Mattie Smith, as to what they did even on the morning of 
Saturday, April 26th, even going into the minutest details, 
sustain Jim Conley. McCrary, the old negro that you 
praised so highly, the man that keeps his till filled by mon- 
ey paid by the National Pencil Company, as to where he put 
his stack of hay and the time of day he drew his pay, sus- 
tains Jim Conley, Monteen Stover, as to the easy- walking 
shoes she wore when she went up into this man's Frank's 
room, at the very minute he was back there in the metal 
department with this poor little unfortunate girl, sustains 
Jim Conley. Monteen Stover, when she telle you that she 
found nobody in that office, sustains Jim Conley, when he 
says that he heard little Mary Phagan. go into the office, 
heard the footsteps of the two as they went to the rear, 
he heard the scream and he saw the dead body because 
Monteen aays there was nobody in the officej and Jim says 
she went up immediately after Mary had gone to the rear. 
Lemmie Qulnn, — your own dear Lemmie, — as to the time 
he went up and went down into the streets with the evi- 
dence of Mrs, Freeman and Hall t sustains Jim Conley. 
Frank's statement that he would consult his attorneys about 
Quinn's statement that he had visited him in his of- 
fice sustains Jim Conley. Dalton, sustained as to his life for 
the last ten years, here in this community and in DeKalb* 
when he stated that he had seen Jim watching before on 
Saturdays and holidays, sustains Jim Conley. Daisy Hop- 
kins' awful reputation and the statement of Jim, that he 



141 

had seen her go into that factory with Dalton, and down 
that scuttle hole to the place where that cot is shown to 
have been, sustains Jim Conley, The blood on the second 
floor, testified to by numerous witnesses, sustains Jim Con- 
ley. The appearance of the blood, the phyical condition of 
the floor when the blood was found Monday morning, sus- 
tains Jim Conley. The testimony of Holloway, which he 
gave in the affidavit before he appreciated the importance, 
coupled with the statement of Boots Rogers that that ele- 
vator box was unlocked, sustains Jim Conley. Ivey 
Jones, the man who says he met him m close proximity 
to the pencil factory on the day this murder was commit- 
ted, the time he says he left that place, sustains Jim Con- 
ley, Albert Mc Knight, who testified as to the length of time 
that this roan Frank remained at home, and the fact that he 
hurried back to the factory, sustains Jim Conley . The re- 
pudiated affidavit, made to the police, in the presence of 
Craven and Pickett, of Minola Mc Knight, the affidavit 
which George Gordon, the lawyer^ with the knowledge 
that he could get a habeas corpus and take her within 
thirty minutes out of the custody of the police but 
which he sat there and allowed her to make, sustains Jim 
Conley. The use of that cord, found in abundance, to choke 
this girl to death, sustains Jim Conley, The existence of the 
notes alone sustains Jim Conley, because no negro ever in 
the history of the race, after having perpetrated rape or 
robbery, ever wrote a note bo cover up the crime. The note 
paper on which it is written, paper found in abundance on 
the office floor and near the office of this man Frank, sus- 
tains Jim Conley. The diction of the notes, "this negro did 
this," and old Jim throughout his statement says "I done, " 
sustains Jim Conley, 

Mr. Kosser: T have looked the record up, and Jim 
Conley says H1 I did it," time and time again. He said 
"I disremember whether 1 did or didn't/' he says "I did 
it"— 



142 



Mr. Dorsey: They would have to prove that record 
before I would believe it. 

Mr, Rosses He says time and time again "I disre- 
member whether I did or not"; he says "I did it," page 
after page, sometimes three times on a page. I've got 
the record h too. Of course h if the Almighty God was to 
flay it you would deny it. 

Mr. Doracy: Who reported it? 

Mr. Rosaer: Pages 496, (Mr. Rosser here read a list 
of page numbers containing the statement referred to.) 

Mr, Arnold : I want to read the first one before he 
caught himself, on page 946, I want to read the state- 
ment — 

Mr. Dorsey: Who reported it, that's what I want to 
know. 

Mr. Arnold: Thia is the official report and it's the 
correct report, taken down by the official stenogra- 
pher, and he said, *'Now when the lady comes I'll stamp 
like I did before/' "I says all right, I'll do just as you 
say and I did/' 

Mr. Dorsey : He's quoting Frank here, "and he says 
now when the lady comes 111 stamp like T did," 

Mr Arnold: "I says all right, I'll do just as you say, 
and T did as he said." He ha? got it both ways, "I did 
It," and *'l done it," you can find it both ways, 

Mr. Dor gey; The jury heard that examination and 
the cross examination of Jim Conley, and every time it 
was put to him he says "I done it.'* 

Mr. Rosser: And I assert that's not true, the ste- 
nographer took it down and he took it down correctly. 

Mr. Dorsey: I'm not bound by his stenographer. 

Mr T Rosser: I know, you are not bound by any rule 
of right in the universe. 

The Court: If there's any dispute about the correct- 
ness of this report, 1*11 have the stenographer to come 
here. 



143 

Mr. Parry: I reported 1 to SI myself, and r think 
I can make a statement that will satisfy Mr. Dorsey: 
The shorthand character for "did" is very different 
from ' f done,' h there's no reason for a reporter confus- 
ing those two* Now, at the bottom of this page,—I see 
I reported it myself, and that was what he said, quoting 
"Al] right, 111 do just as you any and I did as he said." 
Now, as I say, my characters for "did" and "done" are 
very different and shouldn't be confused, — no reason 
for their being confused. 

The Court: Well, is that reported or not correctly? 

Mr. Parry; That was taken as he said it and writ- 
ten out as he said it. 

Mr, Dorsey : Let it go, then, Til trust the jury on it. 

Maybe he did, in certain instances, say that he did so and 
so, but you said in your argument that if there is anything 
in the world a negro will do, it is to pick up the language of 
the man for whom he works ; and while I'll assert that there 
are some instances you can pick out in which he used that 
word, that there are other instances you might pick show- 
ing that he used that word "I done," and they know it. All 
right, leave the language, take the context. 

Notes Sustain Jim Conley, 

These notes say, as I suggested the other day, that she was 
assaulted as she went to make water. And the only closet 
known to Mary, and the only one that she would ever have 
used is the closet on the office floor* where ConJey says he 
found the body, and her body was found right on the route 
that Frank would pursue from his office to that closet, right 
on back also to the metal room. The fact that this note 
states that a negro did it by himself, shows a conscious ef- 
fort on the part of somebody to exclude and limit the crime 
to one man, and this fact Sustains Conley. Frank even, in 
his statement sustains him, as to his time of arrival Sat- 
urday morning at the factory, as to the time of the visit to 
Montags, as to the folder which Conley says Frank had in 



144 

his hands, and Frank in his statement say a that he had the 
folder. Conley is sustained by another thing: This man 
Harry White, according to your statement, got $2.00, Where 
is the paper, where is the entry on any hook showing th.it 
Frank ever entered it up on that Saturday afternoon when 
he waited for Conley and his mind was occupied with the 
consideration of the problem as to what he should do with 
the body. Sen iff waited until the next week and would have 
you believe there was some little slip that was put in a cash 
box showing that this $2.00 was given White, and that slip 
vras destroyed. Listen to this: "Arthur White borrowed 
$2^00 from me in advance on his wages. When we spend, 
of course, we credit it ; there was a time, when we paid out 
money we would write it down on the book and we found it 
was much better for' us to keep a little voucher book and 
let each and every person sign for money they got." 

"Let each and every person sign for money they got," 
says Frank in his statement, "and we have not only this 
record* but this record on the receipt book." And notwith- 
standing that you kept a book and you found it better to 
keep this little voucher book and let each and every person 
sign for money they got, notwithstanding the fact that you 
say that you kept a book for express and kerosene and every 
other conceivable purpose for which money was appropri- 
ated, you fail and refuse, because you can't, produce the 
signature of White, or the entry in any book made by Frank 
showing that this man White ever got that money, except 
the entry made by this man Schiff some time during the 
week thereafter. 

Mind and Conscience on Crime. 

I tell you, gentlemen of the jury, that the reason that 
Frank didn't enter up, or didn't take the receipt from White 
about the payment of that money, was because his mind 
and conscience were on the crime that he had committed. 
This expert in bookkeeping, this Cornell' graduate, this man 



145 

who checks and re-checks the cash, you tell me that if 
things were normal that he would have given out to that 
man White this $2.00 and not have taken a receipt* or not 
have made an entry himself on some book, going to show it? 
I tell you there's ouly one reason why he didn't do it. He 
is sustained by the evidence in this case and the statement 
of Prank that he had relatives in Brooklyn. The Urne that 
Frank says that he left that factory sustains old Jim. 

When old Jim Conley was on the stand, Mr. Kosser put 
him through a good deal of questioning with reference to 
some fellow by the name of Mincey. Where is Mincey? 
Eeho answers "Where?" Either Mincey was a myth, or 
Mincey was such a diabolical perjurer that this man knew 
that it would nauseate the stomach of a decent jury to have 
hiin produced. Where is Mincey? And if you weren't going 
to produce Mincey, why did you parade it here before this 
jury? The absence of Mincey is a powerful fact that goes 
to sustain Jim Couley, because if Mincey could have con- 
tradicted Jim Conley, or could have successfully fastened an 
admission on old Jim that he was connected in any way with 
this crime, depend upon it, you would have produced him if 
you had to comb the State of Georgia with a fine- tooth comb, 
from Rabun Gap to Tybee Light , 

His Own Acts Prove His Guilt. 

Gentlemen, every act of that defendant proclaims * him 
guilty. Gentlemen^ every word of that defendant proclaims 
him responsible for the death of this little factory girl. Gen- 
tlemen, every circumstances in this case proves him guilty 
af this crime. Extraordinary ? Yes, but nevertheless true, 
just as true as Mary Phagan is dead. She died a noble 
death, not a blot on her name. She died because she wouldn't 
yield her virtue to the demands of her superintendent. I 
have no purpose and have never had from the beginning in 
this case that you oughtn't to have, as an honest, upright 
citizen of this community. In the language of Daniel Web- 



146 

ster, I desire to remind you "that when a jury, through 
whimsical and unfounded scruples, suffers the guilty, to es- 
cape, they make themselves answerable for the augmented 
danger to the innocent*' 

Your Honor, I have done my duty- I have no apology to 
make. Your Honor, so fat as the State is concerned, may 
now charge this jury, — thia jury who have sworn that they 
were impartial and unbiased, thia jury who, in this presence, 
have taken the oath that they would well and truly try the 
issue formed on this bill of indictment between the State 
of Georgia and Leo M. Frank, charged with the murder of 
Mary Phagan; and I predict, may it please Your Honor, that 
under the law that you give in charge and under the honest 
opinion of the jury of the evidence produced h there can be but 
one verdict, and that is : We the jury find the defendant, 
Leo M. Frank, guilty! GUILTY! GUILTY! 



INDEX 



A. 
Alibi , 19, 34-43. 

B. 
Barrett, S3, 108, 
Bauer, 43, 55, 
Beattie, &3, 50, 
Beavers, Chief, S3, 86, 102. 
Beck A Gregg, 93. 
Benedict Arnold, 30, 
Black. John, 53, 60, 69, BZ, 103. 

110, 119 
Bleckley, Judge, 63. 
Blood, 64, 30-90. 
Burn!!, Robert, 74 T 

C. 

Campbell, Pat, 25, 4?, 63, fll, 
67, 98, 109. 
Carson, Miss Rebecca, 57, 139. 
Carson Mrs., 28, 56, Sfi. 
C E, Society, M. 
Character, 2, 21-43, 
Chilcji, Dr., 133. 

Circumstantial Evidence, 78+ 45. 
Clark. 41, 

Clart Woooenwaxe Co., 107. 
Conley, 37, 40, 66, 58, 65, 98, 

109. 130, 
ConnaUy, Dr.. 86, 
Craven, 61, 93, 95. 
Crip pen, 83, 

Cross- Elimination, 24-26-29, 
Cumin Girl, 35. 

D. 

Dalton, C. B„ 131, 140. 
Darky, 60, 79, 127, 140. 
"Dartsr Joe," 4S. 

Demosthenes, 62, 
Etenham. Harry, 79. 
Daffy, 44. SB, 82. 
Dunbar Case, 12&. 
Damn* Caa*n 9-19. 
Duty of Solicitor. 61 + 

Elevator, 63. 
Epps, George, 121. 



February, G. C, ; 35. 
Ferguson, Helen. V9, 
Financial Sheet, 46, 49 T 
Fleming, Miss, 45. 
Flirting Edict, 45. 
Freeman, 41. 
Funk*, Dr., 118, 



Cantt, 47 T 74, 117, 126. 
Gbeeslicg. 109. 
Gordon, George, 92. 
Graham, 65. 
Grand Jury- Letters, 22, 

H, 

Hall, Corinth ip, 88, 41, 79. 

Hancock. Dr,+ 118. 

Harris Dr.. 39, 121. 

Harris, Judge, 124. 

HaskolLne, 105. 

Rewell, Dewey, 74. 

Hill, Solicitor, 61. 

MoUis, 114, 

Holinway. 37, 42, 84, 113, 141. 

Hopkins. Daisy, 131, 140. 

Hummel, Abe, 4. 

Hurt, Dr., 90. 



Irby, 37. 



J. 



Jarkaon, Misg, 27, 140. 
Jefferson, Mrs., 85, 100. 
Jekyt &. Hyde. 25. 
Jewish Race, 2-3. 
Johnson, Dr.. 118. 
Jones, Sam, 43. 
Ju^a? Iscariol, SO. 
Julias Caesar, 62. 

Ktlley. 121, 
Kendley, SI, 121. 
Kitchens, 2& 
Knapp Case, 86. 



Lament) Etanche, 12. 

Laniard, Chief, 67, 33, 
Jiving Factory, 36, 

Lea [Machinists 44, 87. 
Lee, Ne^rt, 48, GO, 83, 103. 
Lodirane, Judge, 40, 125. 
Lust Murderers, 13. 

M, 

Mangum, S6, 
Mann, 37. 
Marx, Dr., 25, &6. 
Matthews, 121. 

Mayfield, Mi*g, 28. 
Maynard, C. T,, ISO. 
McCoy, 121. 
McCrary, 140, 
MeCue, Mayor, 32, 
McKnl K ht Albert, 65 &1, 141. 
MeKnigh% Minola, 60, 65 t 91, 

141 
McWorth, 87, 
Mincey, 145, 
MontaK, £2. 
Murder Notes, 65-7U, 



N. 



Niks, Dr., 118. 
Notes, 65-70. 



OJmstead, Dr., 118. 
Owens. Billy, 22. 



Parry, 143. 
Perjury, 43-64, 

Pickett, District Atty., 9. 
Pinkarton Agency, 53, 102, 
Prejudice, 2. 



Quinn, Lemmie, 3S, 8G, 90 h 140 
Queensbury h Marquis of, 31. 



R, 

Kace ; 2. 

Reasonable Doubt, 4-7. 
Reputation, 2B, 
Reuf, Abe, 4, 32. 
Reynolds on "Evidence,'' 8, 
Hkh^on, 33, 

Rogers, "Boots," 88, 10& h 141, 
Rosser, Decteetive, 25, 47, 53, 67 

69. 

E. 

Saturday Evening Po&t, 111. 
Schiff, m, 54, 
Sehwarta, 4. 

Stott, Detective, 53, 66, 76, 193, 

110-20, 
Sfclig, Mr&, ; 91. 112. 
Shaw, Chief Justice, 6, 
Small, Mre. h 57, 62, 
Smith, Dr. Claud, WS, 106. 
Smith, Miss Mattie, 37, 78, 14U. 
Smith, W. M,, 47, 132, 
Sonn, Dr., 25, 
Stanford, 85, 86, 106. 
Stages, John, 25, 47. 53, 61, 67, 
6&, 110. 119. 
Statement of Prank. 54, 70-130. 
Stover, Montaan, 119, 140. 



Te]&Krama h 9 52. 
Tillander, 6&, 7B. 
Time Evidence, 36. 
Turner, Willie, 73. 

U. 
Uncle Rcmujj, 37. 

TJrsenbach, 37, 

W. 

Webster, Daniel, 3&, 42, 145- 
Westmoreland, Br r , 118. 
Wharton, 6, 7, 
White, Arthur, 70, 144, 
White, Mrs., 79, 120. 
Wife 1 *; Absence, 05. 
Wilde, Oscar, 31, 48, 71. 
Williams, Minnie, 11.