Tuesday, 26th August 1913 As Bells Tolled, Dorsey Closed Magnificent Argument Which Fastened Crime On Frank

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The Atlanta Constitution,

Tuesday, 26th August 1913.

Page 2

As the big bell in the Catholic church tolled the hour of 12 o'clock Solicitor Dorsey concluded his remarkable plea for the conviction of Leo Frank with the dreadful words "Guilty, guilty, guilty!"

It was just at this hour, more than four months ago that little Mary Phagan entered the pencil factory to draw her pittance of $1.20.

The tolling of the bell and the dread sound of the words cut like a chill to the hearts of many who shivered involuntarily.

It was the conclusion of the most remarkable speech which has ever been delivered in the Fulton County courthouse a speech which will go down in history stamping Hugh Dorsey as one of the greatest prosecuting attorneys of this age.

Arnold Makes Protest.

Only after Attorney Reuben R. Arnold had registered a vigorous protest against the action of the spectators, who clapped their hands in tumultuous applause as Solicitor Hugh Dorsey entered the courtroom. Monday morning the solicitor was allowed to continue his speech, which was interrupted by adjournment Saturday.

When court convened at 9 o'clock, there were more people outside of the courthouse unable to gain admission, than there were inside, and about two minutes before the hour of opening court, a roar of cheers told the spectators inside that the solicitor general was coming. His entrance was the signal for the outbreak of approval of his wonderful effort Saturday.

Mr. Rube Arnold immediately protested and declared that "such outbreaks had no place in a court of justice. "

"Mr. Sheriff," said Judge Roan from the bench when order had been restored, "I see that there is a large crowd in here and that many of them do not seem to understand what is required of them in a courtroom. If there Is the least disturbance after the jury comes in, I want you to clear the room of all but officials."

"We don't want to spoil the work of four weeks by any unseemly actions at this time and we are not going to allow such disturbance."

The jury was then brought in and the solicitor took up his speech. Mr. Dorsey's voice was hoarse when he started and it seemed as though he had received no refreshment from the rest over Sunday. Like a long distance runner who has kept a hard pace during the race and who at the finish, is staggering toward the goal line and "running on his nerve," the solicitor renewed his attack on the defense.

As he went on his throat seemed to get better and his vocal cords appeared to loosen up. He was continually harassed during the morning, however, by Attorneys Arnold and Rosser, who declared he was making false statements and that parts of his speech were "improper and insulting".

"Gentlemen of the jury," began the solicitor, "I am even more exhausted this morning than I was Saturday. My throat is in such shape that I fear I cannot finish this case or do Justice to it.

"Had we, not an adjournment Saturday, I might have finished and his honor might have charged you, no that you might have brought In your verdict this morning and been free."

Renews Attack on Statement.

"When I was compelled to stop Saturday, I was. in the midst of a brief analysis of the statement of this defendant. I am not going into an exhaustive analysis of that, because it is not necessary and It would inconvenience you uselessly, and two, I haven't the strength to carry it out."

"There are, however, certain parts of the defendant's statement that merit consideration. He stated to you, after his honor had ruled out our evidence, that his wife visited him at police headquarters and that after he consulted with Rabbi Marx that he decided it would be best not to have his dear wife run the line of snapshooters, interviews of reporters and quizzing of detectives."

"Well, Frank tells you his wife actually came there and that he would not let her come there again. He says she was brought by her two brothers-in-law and Rabbi Marx. Yet, Frank makes no attempt, to prove by them, that his wife was there. He wants you to believe it, from his own, unsupported statement."

"There is no evidence anywhere that she ever went to see her husband at the station house, and I tell you, gentlemen of the jury, that a true wife ever lived who would refuse to go to see her husband when he was in such trouble as that, provided she believed him innocent. No wife, believing her husband innocent, would hesitate to face snapshotters, interviewers, or detectives to get to see her husband."

Defense Attorneys Object.

"Your honor," interrupted Mr. Arnold, "we have sat here and listened to one of the most unfair speeches I have ever heard and we have kept silent, but we do object to this unwarranted attack on the defendant's wife."

"Solicitor Dorsey submitted that part of Frank's statement to the jury where he claimed that his wife did visit him at the police station, then he submitted that the defense had not tried to prove it by other witnesses, and declared that he was making no attack on the wife, but merely stating why she had not visited her husband," Judge Roan allowed him to go on.

"Let the galled jade wince, we- " began the solicitor in a powerful voice, which he apparently did not have when he began his argument."

"Now, your honor, I do object to that," interrupted Mr. Arnold, "when we make a legal objection to the solicitor's statements, he has no right to say, Let the galled jade wince.'"

Attorney Rosser also registered an objection.

The solicitor was allowed to go on with his speech and the defense made a formal objection to the court against that part of it.

Mr. Dorsey then took up another feature of Frank's statement.

"Frank said that Conley could write and he adds, I have received too many notes from him asking to borrow money for me not to know that.' Frank also corroborates Conley's statement in regard to the watch which Conley was buying on the installment plan and Frank says he gave the information to the police that Conley could write and the police and detectives have told you that he did not and Harry Scott, Mr. Franks' own detective, has told you that Frank never gave him this Information."

"If Frank knew, as he says he did, that Conley could write, why didn't he tell the police that? Scott declares to you that Frank never mentioned the subject."

"Gentlemen, it was only when the detectives, after laborious effort and despite Frank's silence, found out that the negro, who was denying he could write, could really do so, that they obtained from him his first affidavit in which he told part of the things that happened that day."

"Frank says to you that he knew Conley could write. Then why did he not tell the police of that fact, when he knew that the murder notes were believed to be the key that would unlock this mystery?"

Dorsey Turns to Frank.

"By your own statement," continued the solicitor, addressing, Frank, "you saw the notes at the station house that Sunday morning, April 27, when the body was found, and you said not a word about knowing that Conley could write; you never said it then and you never did tell it to the police authorities, and yet you knew that the notes tried to place the blame on a negro."

"Well, I won't discuss that further, it's not necessary," continued the solicitor. He then took up another phase of the statement made by the defendant."

"Frank tells you in regard to that visit Conley made to the jail with the police, when Conley wanted to confront him that he did not see Conley because he wanted first to get permission of his attorney, Mr. Luther Z. Rosser, who was trying a case at Tallulah Falls that day, and he says that if he could have got Mr. Rosser's permission, that he would have seen Conley or anybody else that day, but I tell you, gentlemen, that Mr. Rosser got back from Tallulah in a few hours, and yet Frank never did see Conley."

"I tell you, gentlemen of the jury, that if you have got sense enough to get out of a shower of r
ain, you know that never in the history of the Anglo-Saxon race and never in the history of the African race in this country, did a negro accuse a white man and that white man, with Anglo-Saxon blood in his veins and claiming innocence, refuse to confront him."

"I'll tell you something else, no lawyer, astute as is Mr. Rosser, would refuse to let his client confront an accuser like that if he knew in his heart that his client was innocent."

"WINS BIG CASE - SOLICITOR HUGH M. DORSEY"

"If a negro ever accuses me, I tell you that I will confront him and there's no lawyer who can stop me, and even if I would wait for my lawyer's return, I would confront my accused, as soon as he did get back."

Rosser Again Interrupts.

"You say you never knew until you came to court, what Conley had sworn against you," continued the solicitor, turning to Frank, "but you could have known if you had wanted to confront your accuser."

Mr. Rosser entered an objection here, making the statement that Conley had made so many affidavits that Frank would not have known what he would swear to the courtroom, even if he had talked to him.

"Oh, well," retorted Mr. Dorsey, "you can object all you want to, but I am going to put it up to the jury and they can decide about It. You can object all you want to."

"He's outside the rule, your honor," shouted Mr. Rosser.

"I'm not outside the rule and they (the defense) see the force they think they can make by such objections."

"Well, that's out of order," retorted, Mr. Rosser.

"Well, if they (pointing to the defense) don't see the force of it all, they (pointing to the jury) do."

"Well, now, your honor, I submit he's out of order and he ought to be ruled out," said Mr. Rosser.

Judge Roan allowed the solicitor to go on.

"This man, Frank, a white man, a graduate of Cornell, a man of a brilliant mind and of refined feeling, on the flimsy pretext that his counsel was out of town, refused to meet Conley and when his counsel came back he would not allow it."

"Would you tell me, gentlemen of the jury, that you would let a man of black skin accuse you and yet were Innocent, that you would let Rosser or anybody else keep you from confronting him and nailing the lie?"

"No lawyer ever lived who would keep me, if I were wrongfully accused, from confronting my accuser, be he black or white!"

Again Turns On Frank.

"Then you," (he pointed to Frank) "went and interviewed Newt Lee at 12 o'clock that April 29 and what did you do? Did you act like a man who did not know the truth and who wanted to learn it? Did you go into the room and take up the questioning of the negro in a way to get something out of him, out of him, the man you would have hung in order to save your reputation on Washington Street and in the B'nai B'rith?"

"According to Lee, you never questioned him, but you hung your head and told him that if he kept telling the story that he told then, and later told on the stand, that he and you would both go to hell. Now, you try to fix that up by saying that your detective Harry Scott and old John Black told you to do that and concocted against you and lied on you that Tuesday night."

Adding to His Crime.

"The reason Frank never questioned Newt Lee, continued the solicitor, turning to the jury, "was because Frank knew who was guilty and he knew that he was already adding to the infamous assault and murder of the girl, an attempt to send this negro to the gallows in order to save his own neck."

"Listen to this and note how smoothly that statement of Frank's was fixed up, so that when we came back to rebut it that the technical laws would stop us. Frank told you that the detectives stressed the point that couples must have been allowed to go into the building by Newt Lee at night."

"Now, Newt Lee was only there three weeks before the murder and the detectives really stressed the point that couples might have been let in there at night and they did not confine the time to the short time Lee was there as nightwatchman, as Frank said they did, and thus saved himself from impeachment."

Mr. Dorsey then read Frank's statement in regard to the spots found on the second floor by Christopher Columbus Barrett and said to have been blood spots, and the solicitor stressed that part, where Frank said that accidents were frequent there and that many of them were never even reported, and that the girls often carried buckets of red varnish by that place and that it frequently applied there.

No Chemists Introduced.

"If you claim that the spots were not of blood, in the name of fair play and decency, why didn't you bring one chemist here to sustain your claim?"

"'That was blood and the white haskoline substance had been smeared over it!'

"Important! There is no more important thing in this case to you, than to show that there was no blood on the second floor, but that the spots were only of red varnish, with haskoline over them."

"The Gentlemen of the jury, are you going to believe this one statement when they could get no chemist to come here and stultify himself and when Dr. Claude Smith, city bacteriologist, tells you from his chemical analysis that it was blood and when scores of employees say that it was.

"This defense has no defense," shouted the solicitor, "they have resorted to abuse, and they have fluttered around, but never alighted anywhere!"

"In this particular instance, they grab at varnish, they grab at cat's blood, rat's blood and mouse blood, and at blood from finger cuts."

The solicitor then took up Frank's statement about the possibility of the girl having been pushed down the chute in the rear of the building or thrown down the scuttle hole in the part formerly occupied by the Clarke Wooden Ware company.

Some Improbable Things.

"Why would that negro Conley, even if he had murdered the girl with that bloody club they claim to have found there, why would he have tied the cord around her neck and why would he have tied the clothing around her neck?"

"Why did old man Holloway say, That's my nigger,' when he saw Conley washing a shirt, and why was it that after fifteen days when the second squad of Pinkertons were searching the factory, that blood was found near the elevator shaft, more blood than it has been shown the girl lost?"

"Why was it that when Frank read in the morning paper that Barrett had discovered the blood spots on the second floor, that he, the superintendent, who had been anxious to solve the mystery had telephoned three times for Schiff to hire the Pinkertons, did not go back to see those spots until Lemmie Quinn came after him.

"That was a strange way for an innocent superintendent to do. And there is no evidence to show that Frank ever did go back there and look at those spots. Why? I'll tell you why; if there was any spot on earth where this man did not want it to be known that blood had been found, it was on the second floor, where, according to his own statement, he was working at the time the girl was killed."

"Frank also tells us that he visited the morgue twice on the day the body was found and if he went there and saw the body that morning and it tore him up as he says it did, why, except for the answer I'm going to give you, did he go back that afternoon and look at the body."

"He didn't see the body the first time."

"That statement is a misstatement of facts. All the witnesses said they did not know whether or not Frank saw the body," interrupted Reuben Arnold.

"Well, I'll not quibble over the matter, retorted the solicitor. "If Frank did look at the body, and there's no evidence to show he did, he gave it just a glance as the light was flashed on and then he turned and went into another room."

Reference to Record.

"He never went into another room: the evidence don't show that," objected Mr. Rosser.

"It certainly does" replied the solicitor, "you look and see if it don't".

"Well, gentlemen," said Judge Roan, "look the matter up and decide it."

The defense made no motion to do so in order to sustain their claim and the solicitor, took advantage of that at once.

"Look it up: I challenge you to look it up!" Dorsey shouted.

"Well, we don't have to look It up, even if he does challenge us to," said Mr. Arnold in a quiet tone.

"Gentlemen, I'll look It up myself, said Judge Roan who then turned and requested Leonard Haas, partner of one of Frank's lawyers, to favor him by looking the matter up."

"I tell you that there is no evidence that Frank ever looked at the girl that morning and that if he did look at her, as the defense claims, it was just a glance, and not sufficient to allow him to identity her as the girl he had paid off the day before," Mr. Dorsey continued.

"The real reason why Frank went back to the morgue that Sunday afternoon was because he wanted to put his ear to the ground and learn if there was a whisper of his guilt going around."

"The witnesses say Frank was nervous that morning and Frank says so, too, and declares that the auto ride and the sight of the dead girl caused it, and yet he goes back like a hog to his wallow. I tell you, and you know it, that Frank went back there that Sunday afternoon to learn if there was a hint anywhere of his guilt."

At this point, Attorney Rosser interrupted and declared that on cross-examination "Boots" Rogers had testified that Frank went towards the curtains across the hall, but that he only surmised that he went into the room beyond them.

"Well, the proposition is," replied Mr. Dorsey, "that Frank gave a glance at the girl's body and turned away. He wanted to get out of the sight of the officers."

"The evidence does not show that," replied Mr. Rosser.

"Well, I won't quibble with you; I'll throw you that sop," flung back the solicitor, and turned to discuss another part of Frank's statement.

The Actions of a Guilty Man.

"Gentlemen,'" he said, "I tell you that on that Saturday night, after he had murdered the little girl, Frank's actions in trying to break up the card party, were the actions of a guilty man. That laughter when he went into the room and showed the guests a funny story was the laughter of a guilty man."

"If Frank, too, was so quiet and composed in the Selig home where the murder was a matter of indifference, why was he so nervous before the officers? Why was he so nervous when he tried to run the elevator that Sunday morning?"

"Frank says," continued Mr. Dorsey, "' I went to the office and looked on the payroll and saw that a girl named Mary Phagan really did work there and that she was due to have been paid $1.20,' and Frank might have added, I followed her back into the metal room when she came for that money and when she refused my proposals, I struck her and then I choked her with that cord to save my reputation.'"

Mr. Dorsey then gave a minute description of the blackened and dirt-covered condition of the girl's face and body and declared that Frank in the casual glance he gave her that Sunday morning could never have identified her as the girl he had paid off the day before.

Did Detectives Lie?

"Do you believe that Rogers and Black, who have no interest in this case, other than to see justice done, would have perjured themselves in order to hang this man?" he asked the jury.

"Do you believe that Starnes has perjured himself, too? Well, Starnes tells you that when he called up Frank and told him he was sending an auto for him that Frank asked if there had been a fire, or if Newt Lee had reported anything wrong, but that nothing was about a tragedy. When Black and Rogers met Frank at his house they tell us he asked right away if there had been a tragedy, and we know that later he tried to claim that Starnes had mentioned this in the talk over the telephone. It was merely Frank's guilty knowledge that made him mention tragedy."

"Then Lee says that when Frank called him up that Saturday night, a thing he had never done before, Frank did not ask if Gantt had gone and did not mention Gantt's name, but asked if anything had happened at the factory if anything had happened."

"Frank tells us that he asked about Gantt's being there."

"You can't tell me, gentlemen of the jury, that with all these things piled up against this man, that there is nothing but prejudice and perjury in this case."

"You remember that Frank made Lee go upstairs with Gantt that Saturday afternoon, and even Lee would not let Gantt into the factory, until Frank consented. Lee was true to his orders."

"Now, why did Frank want to keep Gantt out of that factory, unless it was that he did not want Gantt around where he might talk to Mary Phagan at the time when he was plotting her downfall?"

"Would you convict this man on this and on that? No, but you can weave a rope out of all these strands that will send him to the gallows. No one of these strands would do that, but all together they make such a strong case that there is no room for reasonable doubt; no room for any doubt."

"Frank says in his first affidavit that he stayed in his office during certain hours that Saturday. He did not know the time that his own detective, Harry Scott, had found little Monteen Stover and been told by the girl that she had gone into the office at 12:05, and found no one there."

"Then Frank, seeing the importance, declared that he might have stepped out of the office for some little errand and then forgotten about it."

Pays Tribute to Scott.

Mr. Dorsey turned aside here to pay a tribute to Harry Scott, and in it, he was careful to pay no tribute to the other Pinkertons. A moment later he accused the others of "running with the hare instead of the hounds."

"Scott asked Frank if he was in his office from the time he came back until Mary Phagan came, and he said yes, and then Scott asked if he was there from 12 o'clock until Mary Phagan came, and he declared he was, and then Scott asked him if he was in his office all the time from the occasion when he went upstairs after Mrs. White, until he left for lunch, and again he answered yes."

"It was only when Frank realized that the little Stover girl had come up there and he was not there, that he tried to hedge by declaring that he might have gone out for a moment and not remembered it afterward."

"Not until be recognized the wonderful truth and ability in Scott and his adherence to duty did Frank shut him out from his councils."

"Gentlemen, you have the power to find a guilty man, innocent or guilty. No potentate is more powerful than the American jury. In the secrecy of the jury room, you can write a verdict that outrages humanity, but your consciences will control you, and only by doing your duty can you ever afterward have your own self-respect."

The Testimony of Kelly.

"The defense has already talked about the time element and tried to break down little George Epps because he did not have a watch, and they tried to impeach George Kendley, the motorman, because he knew the little girl, and felt down in his heart that he knew who killed her."

"There is one state's witness, however, against whom there has been no breath of suspicion, and he is Mr. Kelly, a street car man, who rode with Mathews that day, and who knows him, and knew the girl, and he declares that she never rode around to Hunter street as Mathews claims."

"Mr. Rosser says he doesn't care about the cabbage and the statements made about it. I tell you, and I don't go back on my raising when I do, that cabbage is good food and that there is no better food than cabbage, cornbread and buttermilk."

"It would not surprise me" he added, "if these astute gentlemen on the defense did not go out and bring in all these general practitioners they used, solely because they happened to be the family physicians of some of the jurors, and for the effect they thought it would have on you."

Defense Makes Objection.

"That's grossly unfair and improper," interrupted Mr. Arnold in an appeal to Judge Roan."

"And it's insulting," added Mr. Rosser;
"insulting to us and to the jury."

"I want your honor to rule that out and to reprimand the solicitor," continued Mr. Arnold."

"I did not say that it was a fact, but I said that it might be so and would not surprise me if it was and I've got a right to say that," answered Mr. Dorsey. "The fact that they went out and got general practitioners instead of getting experts goes to show that."

"You may state that you think such was the case, Mr. Dorsey, but not that it is," ruled Judge Roan.

"I thought so!" shouted Solicitor Dorsey to the jury.

"Now, your honor, he's got no right to shout, I thought so.'" Mr. Arnold declared heatedly.

Judge Roan upheld the solicitor; however, ruling that he had a right to say that he had thought that he would be upheld in the former argument.

"I can't see any other reason in the world," continued the solicitor, "for their going out and dragging in a lot of general practitioners and surgeons instead of experts competent to testify, unless they were seeking for the effect that the testimony of their family physicians might have on some of the jurors".

Mr. Arnold here had the court stenographer enter on the record his formal objection to the statement and the solicitor went on.

"You can't tell me that Childs, a general practitioner, this man from Michigan, with only seven years' experience, can put his opinion up against that of Dr. Harris, the eminent secretary of the state board of health."

"Before you or anybody can set aside the evidence of this man, Dr. Harris, and take the opinion of the man from Michigan, or of the pathologist from Alsace-Lorraine, who did not know the name of the first step in the digestive process, you've got to have better evidence than was shown here."

Attack on Hancock.

"You can't tell me that Dr. Hancock, who saws bones for the Georgia Railway and Power company, knows more than Dr. Harris does."

"You can't tell me that Olmstead, a general practitioner, knows more than does this expert in the service of the state."

"You can't tell me that Dr. Kendrick, popular as he is, and who tells you he has not opened a book on the subject in ten years, should be taken in preference to Dr. Harris."

"You can't tell me that these men can stand up before Dr. Harris, or before Dr. Clarence Johnson, the eminent stomach specialist, who backs him up; or before Dr. George M. Niles, another stomach specialist, who also agrees with him. They can't stand against Dr. John Funke, expert pathologist, who agrees with Dr. Harris."

"Why, gentlemen of the jury, Hancock Is so gangrened with prejudice that when I showed him this book (The American Medical Journal) he declared it a book made up by quacks."

"Why, Dr. Willis Westmoreland was so bitter and so prejudiced against Dr. Harris that he told us that the board of health had found him guilty of scientific dishonesty, and the records showed that they had not done any such thing, and that Dr. Westmoreland had got mad because he could not run the board and had resigned.

Nervousness Not Natural.

"Well, I want to take up the question of Frank's nervousness again. You remember that on that afternoon of Memorial Day that Newt Lee, who had been told to come early, came back like the dutiful darky he was, and found Leo Frank washing his hands. Frank was waiting there then for Jim Conley to come and burn the body and Frank did not want Newt around, so he made Newt go out into town, and that when Newt told him he was sleepy and wanted to find a comfortable corner anywhere in the building."

"Frank wanted to get Lee away so that when Conley came back, as he had promised he would do, they could burn the body and the police might never solve that Phagan mystery; and might never know that the girl had ever entered the factory that day."

"You remember, too, that when Frank was going out later that he almost ran into Gantt at the door and that Lee says Frank jumped and Gantt says he was nervous. Gantt said he wanted to go up and get a pair of shoes that he had left there and Frank told him that he had seen a boy sweeping out a pair and Gantt had replied that he had left two pair and would go up and see if he could not get the other pair. You remember also that Gantt went up there and found both pair of shoes and that this very fact showed that Frank was merely making up something to keep the man from going Into the building if possible."

"And, when Frank sent for Attorney Rosser, he wanted him because his conscience needed somebody to sustain it. He got Haas and Darley for the same reason."

"Now, we went into the camp of the enemy to get Darley, who has told openly of Frank's nervousness. Darley says Frank trembled like an aspen leaf. He told me when he made his affidavit that Frank was completely unstrung, but, when he got on the witness stand, he changed It to almost.'"

"Frank's nervousness was produced by one cause only, the consciousness of his infamous crime. Old man Newt Lee says that when he went back that afternoon, he found the inside door locked, something he had never found before. Newt also says that night when he went down into the basement, he found the light flickering low. Do you think for a minute that Jim Conley would have turned down that light? No. But, I tell you that Frank did it when he found Conley was not coming back to burn the body."

"He didn't want anyone to discover the body until he found time to dispose of It."

"It was fear pulling at his heartstrings, fear and remorse. Spectral shadows flitted before him shades of the body, the prison, this trial, the gallows, a murderer's grave."

Leaving Conley Out.

"You may leave Jim Conley entirely out of this case and you still have a course of conduct that shows this man's guilt."

"Is Dalton a low-down character? If so, isn't he then just the kind of man a person like Frank would consort with when his dual character was predominant."

"I tell you that today he is a man of utter integrity, although he may, at times, be tempted to step aside with a woman who has fallen as low as Daisy Hopkins."

"We sustained him by scores of witnesses, good and substantial men. We corroborated the statement that he had been seen to go into the factory with women. We corroborated Dalton almost in whole."

"Lawyer Rosser says he would give so much to know who dressed up Jim Conley. If you, Mr. Rosser, had wanted to know half so much about Jim Conley being dressed up as you did to find faults with Dalton's past, you could have learned very easily."

Why Conley Was in Jail.

"Let's see something about what William Smith, Jim Conley's attorney, has set up about the rule which Judge Roan gave in regard to Conley's imprisonment. The police, be it understood, may be no better than the sheriff of our county, but they are just as good."

"Smith says that Conley, in the police station, is perfectly safe from a standpoint of physical welfare, and that, under such imprisonment, is far safer. No one has been allowed to see him. He has been protected from physical harm and false claims. He says that plans have been laid detrimental to the carrying out of justice so far as Conley is concerned."

"Sufficient inside guards were not provided in the Tower. Only one man was paid to guard the entire five stories which contain twenty cell blocks. Friends of Frank were allowed to pour into the jail in a steady stream, many of whom were admitted indiscriminately into Conley's cell. Newspaper men and others say, Smith, was admitted constantly in Conley's cell. One man offered sandwiches and liquor to the negro."

"Our proof of general bad character sustains Jim Conley. Our proof of general bad character as to lasciviousness sustains Jim Conley."

"Their failure to cross-examine our character witnesses sustains him. Frank's relations with Rebecca Carson sustains him. Your own witness, Miss Jackson, sustains him. Miss Kitchens, of the fourth floor, sustains him."

"Lemmie Quinn, their dear Lemmie, sustains him. Daisy Hopkins and Dalton sustain him. The blood spots, the statement of Holloway and Boots Rogers relative to the open elevator box sustain him. Albert McKnight and Minola McKnight's repudiated affidavit sustain him."

"The existence of the notes sustains him. No negro in history of the negro race ever wrote a note or letter to cover up his crime."

"The diction of the notes in did' and done' sustain him."

Attorney Rosser entered an objection to this statement, arguing that in many places Conley had used the word did' in his statement.

"I have heard Conley's whole statement and I say the jury has heard that every time it was put to him, he used the word done' instead of did.' I want to see the physiognomy of the man who took these notes. I also want his original notes."

Judge Harvey J. Parry, the expert stenographer who had taken most of Conley's statement, stated that the character for "did" is so different from that "done." That it would have been impossible for the stenographer to have made a mistake.

"Very well, then," said the solicitor, "you have said in your own argument Mr. Rosser that one thing a negro would do under any circumstances would be to absorb the words and expressions of a white man."

"Jim Conley is sustained by Frank's statement relating to his relatives in Brooklyn."

"When Jim was on the stand, Rosser questioned him about Mincey. Where is this Mincey? Echo answers: Where?' These men knew his perjuring, trying was so diabolical. It would have sickened the jury's mind. The absence of Mincey is a powerful support of Jim Conley's story."

"Every circumstance in this case that this man killed this girl! Extraordinary? Yes! But as true as the fact that Mary Phagan is dead."

"She died a noble death. Without a splotch or blemish upon her, a martyr to the virtue she protected the extent of death in saving it from her employer."

"Your honor, I have done my duty -- I have no apologies to make. There will be but one verdict, guilty, guilty, guilty."

There was a melodious blast of noon whistles. The courtroom was still. The whistles rang out over a working city at the exact. hour Mary Phagan several weeks ago stepped into the pencil factory to her death. The solicitor's speech was done.