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252 X. AMERICAN STATE TRIALS.

which is required by us, the prosecution. We are not looking
for blood indiscriminately. We are only seeking the slayer
of Mary Phagan, and in seeking him, I try as much as possi-
ble to feel as though I were one of you twelve.

Now, let’s see what was the situation on April 26 in the
pencil factory. This factory was being run by Sig Montag
as its boss, Frank as ita superintendent, assisted by the hand-
some Mr. Darley and the able Mr. Schiff.

As a citizen of Atlanta, I am not proud of conditions that
existed in that factory! What was ite moral atmosphere?
‘The character of it appeals wonderfully to us as we seek the
trath.

The defense has produced numbers of girl workera who
told us of his character. They say it is good. That is only
negative because he has never harmed them. They do not
know him. But, while we are considering their stories, there
are the stories of others—girls who left his factory because
of his character and his conduct toward them. They say his
character is bad. You have from the two your choice of
either, Those who still are there—those who have never been
harmed—and those who have left because of him and his
character,

The law is a peculiar thing. We named over our plans
with the first witnesses put on the stand. We showed at first
just exactly what we had in view, exposed our hand, ao to
speak, and even went so far as to put the stories before you
in go far as they were allowed to be told. They could have
gone into detail were we permitted to have allowed them.
They could have told of incidents that would have been con-
vineing. We have adopted the only legal manner in which
the matter could be sifted. It’s on this principle: If fifty
men were asked of the character of a certain place or man,
and twenty-five or more say it is good, while as few ag ten
say it’s bad, what is the character of this place or person,
considering, of course, that all have an equal opportunity to
observe? Would you say it was good? This question of
character was one into which we were not permitted to go.

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